DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-14 are currently pending and under consideration.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: "upper unit can operate in combination with the lower unit" (Claim 1); "user can detach the lower unit from the upper unit without tools" (Claim 2); "removable lower half allows a user to speak or eat without wearing the facial skin treatment device" (Claim 7); "user can detach the upper half from the removable lower half without tools" (Claim 8).
Claim Objections
Claims 2-6 are objected to because of the following informalities: The limitation of "for treatment of skin of a user's face" in line 1 of claims 2-6 should be deleted. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: For the limitation of "preventing the magnetic connector recess sliding away" in lines 5-6, the term --from-- should be added before the limitation “sliding away.”.
Claims 7-12 objected to because of the following informalities: "a facial skin treatment device". The examiner will interpret this as “the facial skin treatment device”. Appropriate correction is required.
Claim 13 objected to because of the following informalities: “each including plurality of light emitting diodes”. The examiner will interpret this as “each including a plurality of light emitting diodes”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6, 9, and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "a user" in line 12. The antecedent basis for this limitation seems indefinite since it is unclear whether “a user”, recited in line 12 of claim 1, is the same as “a user”, recited in line 1 or claim 1. Applicant is suggested to change “a user” in line 12 of claim 1 to --the user-- in order to overcome this rejection.
Claim 1 recites “skin treatment” in lines 4 and 7 and “skin therapy” in lines 9-10 and 11. The antecedent basis for these limitations seem indefinite since it is unclear whether these limitations are referring to “treatment of skin” in line 1. For the purpose of examination, “skin treatment” and “skin therapy” have been interpreted as referring to “treatment of skin” in line 1.
Dependent claims 2-6 are also rejected for the same reasons set forth for claim 1 above.
Regarding claims 3 and 9, the limitation “magnetic connector” renders the claims indefinite. While the as-filed specification discloses that magnetic connector includes a mating magnetic connector protrusion and a magnetic connector recess (see p6, lines 15-17 and p7, lines 3-5), claims 3 and 9 positively recites magnetic connector protrusion as part of the magnetic connector but not the magnetic connector recess. As such, the scope of magnetic connector recited in claims 3 and 9 is not consistent with the specification.
Regarding claims 4 and 10, the limitation “magnetic connector” renders the claims indefinite. As stated above, while the as-filed specification discloses that magnetic connector includes a mating magnetic connector protrusion and a magnetic connector recess (see p6, lines 15-17 and p7, lines 3-5), claims 4 and 10 positively recites specific type of magnetic connector protrusions, “ground, first signal and second signal pins”, as part of the magnetic connector but not the magnetic connector recess parts, “ground, first signal and second signal sockets.” As such, the scope of magnetic connector recited in claims 4 and 10 is not consistent with the specification.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 7-9, and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 20190138047 A, published 12/12/2019).
Regarding claims 1 and 7, Kim teaches a mask for treatment of skin of a user’s face (100 in Figure 1 and “detachable cosmetic mask” in [0036]), the mask comprising: an upper unit (110a and 110b in Figure 1 and [0037]); the upper unit including an upper plurality of integrated light emitting diodes for skin treatment (126 in Figure 4 and “LED light source” in [0045]); and a lower unit (110c and 110d in Figure 1 and [0037]); the lower unit including a lower plurality of integrated light emitting diodes for skin treatment (126 in Figure 4 and “LED light source” in [0045]); the lower unit detachable from the upper unit (“a main body portion 110 and a connection block 150 for detachably coupling the plurality of main body portions” in [0037]); wherein the upper unit can operate alone to provide skin therapy, or the upper unit can operate in combination with the lower unit to provide skin therapy; whereby a user can choose whether to wear the upper unit alone, or the upper unit and the lower unit together (“control unit connected to any one of the main body units to control the operation” in [0021], [0040], and ”the main body portions…can be separated” and “main body portions…can be coupled as a complete body” in [0041] and Figure 1). Regarding claim 7, For the limitation of “removable lower half allows a user to speak or eat while wearing the facial skin treatment device”, the mask of Kim includes a concave portion 114 for exposing the mouth portion of a user’s face (Figures 1 and 2 and [0039]), which would allow a user to speak and eat while wearing the mask. Further this mask arrangement of Kim seems to be the same arrangement in applicant’s disclosure to allow eating and speaking while wearing the mask (120 in Figure 7 of the instant application).Further regarding claim 7, Kim describes the additional limitation of an upper half including power ([0018]) and control electronics ([0063], 180 in Figure 1).
Regarding claims 2 and 8, Kim teaches a magnetic connector (see annotated Figure 5); the magnetic connector removably joining the upper unit to the lower unit (see annotated Figure 5, 154 in Figure 6, and [0049]); the magnetic connector carrying electrical power and signal from the upper unit to the lower unit ([0048] and [0054]); whereby the user can detach the lower unit from the upper unit without tools (“adjacent main body portions may be detachably coupled to each other by magnetic force” in [0015], [0024], and [0052]).
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Regarding claims 3 and 9, Kim teaches the magnetic connector further comprising a magnetic connector protrusion (150 in Figure 5 and [0052]) that fits into a magnetic connector recess (130 in Figure 5 and [0052]). The magnetic connector protrusion of Kim would prevent the magnetic connector recess from sliding away by connecting the upper and lower units physically through magnetic connector (“physically couples the separated main bodies” in [0048]).
Regarding claim 13, Kim teaches the skin treatment device (100 in Figure 1 and “detachable cosmetic mask” in [0031]) that allows a user to decide whether to treat all of a face or only an upper half of the face (“control unit connected to any one of the main body units to control the operation in [0021], [0040], and [0041] and Figure 1), the skin treatment device comprising: an upper (110a and 110b in Figure 1 and [0037]) and a lower half (110c and 110d in Figure 1 and [0037]); the upper half and lower half each including a plurality of light emitting diodes (126 in Figure 4 and “LED light source” in [0045]); the upper half further including control (180 in Figure 1 and [0063]) and power mechanisms to operate the plurality of light emitting diodes (“control unit 180 may adjust the intensity of the light emitting unit…input terminal 182 which is a winding connecting the control panel 184 and the main body 110” in [0063]); the upper half removably attachable to the lower half via a magnetic connector (see annotated Figure 5 above); the magnetic connector including a first half with a protrusion (150 in Figure 5 and [0052]) and a second half with a recess (130 in Figure 5 and [0052]), The magnetic connector protrusion of Kim would prevent the magnetic connector recess from sliding away by connecting the upper and lower halves physically through magnetic connector (“physically couples the separated main bodies” in [0048]).
Regarding claim 14, Kim teaches the upper half operating separately or in combination with the lower half (Figure 1 and ”the main body portions…can be separated” and “main body portions…can be coupled as a complete body” in [0041]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kallman et al. (US 4829289, published 05/09/1989, hereinafter known as Kallman).
Regarding claims 4 and 10, Kim teaches the magnetic connector further comprising: a protrusion ([0055], 153 in Figure 6); a first terminal portion ([0056], 155 in Figure 6); and a second terminal portion ([0056], 155 in Figure 6); the terminal portion may be formed around the protrusion on both side surfaces of the body portion to electrically connect the neighboring main body portions [0056]).
However, Kim does not teach the pin that mates with a grounding socket, a first signal socket, and a second signal socket.
Kallman teaches a three-wire ground-type AC outlet for proper line voltage, polarity of the wiring and external ground resistance (Abstract) with one being a ground wire (col. 2, lines 3-7).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include the conventional three-wire ground-type AC outlet configuration of Kallman with the mask for treatment of skin of a user’s face of Kim in order to use power the mask device using conventional three-wire AC power configuration.
Claims 5-6, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Johan et al. (US 10688314 B2, published 06/23/2020, hereinafter known as Johan).
Regarding claims 5 and 11, Kim teaches the mask for treatment of skin of the user’s face as described in claims 1 and 7 above, wherein the upper light emitting diodes for skin treatment may be formed covering the scalp together [0040] and cover the user's left or right eye and expose the eyes [0039].
However, Kim does not teach wherein the user can choose which regions to activate.
Johan teaches a light treatment device comprising a carrier, having an opening for positioning over and viewing a treatment area and a light emitter for providing treatment light to the treatment area (Abstract). The position relative to the light treatment device, size and/or shape of the treatment area are adjustable. This can enable different treatment areas to be selected (col. 5, lines 65-67).
Therefore, it would be obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include the ability to select different light treatment areas of Johan with the treatment of skin of a user’s face of Kim because Dependent on the kind of treatment, the effects of treating healthy skin can differ from seriously impacting a patient's health to less serious cosmetic effects, so it would be advantageous to enable specific skin sites to be selected and treated in order to minimize such side effects (Johan, col. 1, lines 28-30).
Regarding claims 6 and 12, Kim teaches the mask for treatment of skin of the user’s face as described in claims 1 and 7 above, wherein the lower light emitting diodes for skin treatment may be formed below the user's left or right mouth and having a recess formed to cover a user's left or right mouth and exposing the left or right part of the mouth [0039].
However, Kim does not teach wherein the user can choose which regions to activate.
Johan teaches a light treatment device comprising a carrier, having an opening for positioning over and viewing a treatment area and a light emitter for providing treatment light to the treatment area (Abstract). The position relative to the light treatment device, size and/or shape of the treatment area are adjustable. This can enable different treatment areas to be selected (col. 5, lines 65-67).
Therefore, it would be obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include the ability to select different light treatment areas of Johan with the treatment of skin of a user’s face of Kim because Dependent on the kind of treatment, the effects of treating healthy skin can differ from seriously impacting a patient's health to less serious cosmetic effects, so it would be advantageous to enable specific skin sites to be selected and treated in order to minimize such side effects (Johan, col. 1, lines 28-30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FIONA M KOWALKOWSKI whose telephone number is (571) 272-2790. The examiner can normally be reached Monday-Friday 7:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Unsu Jung can be reached at 571-272-8506. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.M.K./
Patent Examiner, Art Unit 3792
/UNSU JUNG/Supervisory Patent Examiner, Art Unit 3792