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 .
Claim Objections
Claims 1, 4-5, 12, 14-16, and 18-19 are objected to because of the following informalities:
Claims 1, 4-5, 12, 15-16, and 18-19: the claims contain “is used for” and “for” language (“the first pad is used for”, “for irradiating the lips”, etc.). For consistency, this should be changed to “configured to” or “configured for” language.
Claim 1: “or” should be changed to “for” (line 4).
Claim 14: “consisting of but is not limited to” (line 2) should be changed to “comprising”. See MPEP 2111.03.
Claim 1: “or” should be changed to “for” (line 5).
Appropriate correction is required.
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 1-4, 6-7, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 221752066), hereinafter ‘Wang’, in view of Peng (CN 212730739), hereinafter ‘Peng’. Quotations of the English translations of the documents are used for claim mapping.
Regarding claim 1, Wang teaches a phototherapy face mask (cosmetic mask 1, Fig. 1, "The light emitting element 14 can emit light when it is electrified, as the light source of the cosmetic mask 1, so as to realize the cosmetic or phototherapy function of the cosmetic mask 1 to the facial skin"), comprising:
a shell (housing body 111, Fig. 3) adapted to fit on the face of a user ("Exemplary, the mask main body 10 can be arc-shaped, which is good for the mask main body 10 to adapt the user face outline");
a first opening in the shell (observation hole 17 and viewing ports 171/172, Fig. 2) for eyes of the user ("In some embodiments, the mask body 10 may be provided with an observation hole 17 which may extend through the mask body 10. Exemplary, the viewing port 17 may include a first viewing port 171, a second viewing port 172");
a first pad arranged around the first opening (eyeshade 20, Fig. 1), the first pad is used for resting against periphery of eyes of the user to control the distance between shell and the face of the user (“it has a certain height and can isolate light, so it can effectively prevent the light from irradiating to the eye, so as to protect the eye from being damaged, so that the user can use the beauty mask 1”); and
a light source assembly in the shell (light emitting elements 14, see Fig. 2) for providing phototherapy to the face of the user (“The light emitting element 14 can emit light when it is electrified, as the light source of the cosmetic mask 1, so as to realize the cosmetic or phototherapy function of the cosmetic mask 1 to the facial skin”).
Wang does not specifically teach a second shell opening for the nose, or a second pad for supporting the chin.
Peng teaches a combined multifunctional cosmetic mask (see abstract, Fig. 1) further comprising:
a second opening in the shell or nose tip of the user (nose frame 21, Fig. 2); and
a second pad installed at the bottom of the shell for supporting chin of the user (supporting cushion 33, Fig. 2).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Wang to incorporate the teachings of Peng to include a nose opening and chin pad. Doing so would allow for accommodation of the user’s nose and to separate the LED lamp and the user’s face, as recognized by Peng (“four direction supporting cushion 33 is worn by the face part contact with the face part, the LED lamp 32 and the user face between the distance, so as to increase the irradiation area of the LED lamp 32, so as to improve the use effect of the cosmetic mask”).
Regarding claim 2, Wang and Peng teach the device of claim 1. Wang teaches the device further comprising:
wherein the light source assembly comprises a lamp layer at an inner side of the shell having a plurality of LED lamp beads arranged on the lamp layer (circuit board 13, see Fig. 2, “the circuit board 13 may be mounted in the receiving space, the circuit board 13 may be provided with a plurality of light emitting elements 14, the light emitting elements 14 are electrically connected with the circuit board 13”).
Regarding claim 3, Wang and Peng teach the device of claim 2. Wang teaches the device further comprising:
wherein the plurality of LED lamp beads are red LED lamp beads and infra-red LED lamp beads ("Exemplary, the light emitted by the light emitting device 14 may be red light, and when the wavelength is in the range of 600 nm to 650 nm", "The light emitted by the light emitting element 14 may also be infrared light").
Regarding claim 4, Wang and Peng teach the device of claim 1. Wang teaches the device further comprising:
wherein the light source assembly comprises a first illumination zone for irradiating the lips of the user to remove lip line ("The application uses the cosmetic mask 1 to cover the area including nose, lip and so on on on the face at the same time”, see Fig. 4),
a second illumination zone for irradiating cheeks to lift the cheek (unlabeled, see Fig. 4, mask covers the cheeks), and
a third illumination zone for irradiating chin to lift the chin (unlabeled, see Fig. 4, mask covers the chin).
Regarding claim 6, Wang and Peng teach the device of claim 1. Wang teaches the device further comprising:
wherein the shell further comprises a light- transmitting layer (second housing 12, Fig. 2, “the second housing 12 may be made of a light-transmitting material”) and
the light source assembly is positioned between the light- transmitting layer and the shell (see Fig. 3, circuit board 13 between second housing 12 and housing body 111).
Regarding claim 7, Wang and Peng teach the device of claim 1. The combination of Wang and Peng teach the device further comprising:
wherein the first pad and the second pad are made of a flexible silica gel layer (Wang, "wherein, the eyeshade 20 can be made of light-tight material, For example, the first portion 21 and the second portion 22 may be made of a material such as gray or black silica gel", “in addition, by setting the first shell 11 made of light-shielding material, the first shell 11 can be made of black or dark silica gel, ”).
Regarding claim 11, Wang and Peng teach the device of claim 1. Peng teaches the device further comprising:
wherein the phototherapy face mask further comprises a strap (fixing belts 4 and 5, Fig. 2),
the strap comprises a first band body connected to two sides of the shell (second fixing belt 5, Fig. 2) and
a second band body connected to top at a first end and to the first band body at a second end (first fixing belt 4, Fig. 2).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Wang to incorporate the teachings of Peng to include a strap with various connections. Doing so would allow for fixation of the mask on the user’s face, as recognized by Peng (“the first fixing belt and the two second fixing belts are combined together to wrap the head of the user; the wearing mode can stably fix the beautifying mask on the head”)
Claims 5, 8-10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 221752066) in view of Peng (CN 212730739), further in view of Gross (US Pre-Grant Publication 2022/0080221), hereinafter ‘Gross’.
Regarding claim 5, Wang and Peng teach the device of claim 4, but do not specifically teach metal plating areas.
Gross teaches a therapeutic face mask (abstract, Fig. 2) further comprising:
wherein the shell comprises a first metal plating area corresponding to position of the first illumination zone ([0052], aesthetic metal coverings on exterior),
a second metal plating area corresponding to position of the second illumination zone (left/right cheek covers 141/142, Fig. 2), and
a third plating area corresponding to position of the third illumination zone for dissipating heat generated by the light source assembly (chin cover 143, Fig. 2).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Wang and Peng to incorporate the teachings of Gross to include metal plating areas. Doing so would provide a unique cosmetic design, as recognized by Gross [0052].
Regarding claim 8, Wang, Peng and Gross teach the device of claim 5. Wang teaches the device further comprising:
wherein the third illumination zone covers the left side, right side and base of the chin (see Fig. 1).
Regarding claim 9, Wang and Peng teach the device of claim 1, but do not specifically teach metal plating areas.
Gross teaches a therapeutic face mask (abstract, Fig. 2) further comprising:
wherein the shell comprises a fourth metal plating area arranged along an edge of the first opening (forehead cover 140, Fig. 4, [0052], aesthetic metal coverings).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Wang and Peng to incorporate the teachings of Gross to include metal plating areas. Doing so would provide a unique cosmetic design, as recognized by Gross [0052].
Regarding claim 10, Wang and Peng teach the device of claim 1, but do not specifically teach metal plating areas.
Gross teaches a therapeutic face mask (abstract, Fig. 2) further comprising:
wherein the shell comprises a fifth metal plating area arranged along the edge of the second opening (forehead cover 140, Fig. 4, [0052], aesthetic metal coverings).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Wang and Peng to incorporate the teachings of Gross to include metal plating areas. Doing so would provide a unique cosmetic design, as recognized by Gross [0052].
Regarding claim 12, Wang and Peng teach the device of claim 1. Wang teaches the device further comprising:
a power supply assembly for driving the mask ("The circuit board 13 may be disposed outside the cosmetic mask 1, and the light emitting element 14 is directly supplied with power through the charging interface 15 when the cosmetic mask 1 is used").
Wang and Peng do not specifically teach a control assembly mounted on top of the shell.
Gross teaches a therapeutic face mask (abstract, Fig. 2) further comprising:
a control assembly mounted on top of the shell (controlling unit 150, Fig. 1).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Wang and Peng to incorporate the teachings of Gross to include a control assembly. Doing so would allow for the functioning of the face mask to be controlled, as recognized by Gross (see claim 1).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 221752066) in view of Peng (CN 212730739), further in view of Kim et al. (US Pre-Grant Publication 2022/0257971), hereinafter ‘Kim’.
Regarding claim 13, Wang and Peng teach the device of claim 1, but do not specifically teach stimulation elements.
Kim teaches a facial beauty device (abstract, Fig. 1) further comprising:
wherein the phototherapy mask further comprises one or more stimulation element (stimulation providing part 316, Fig. 5).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Wang and Peng to incorporate the teachings of Kim to include stimulation elements. Doing so would allow for the promotion of various effects on the skin, as recognized by Kim [0132].
Regarding claim 14, Wang, Peng, and Kim teach the device of claim 13. Kim teaches the device further comprising:
wherein the at least one stimulation element is selected from a group consisting of but is not limited to a laser, heating element, cooling element, vibration element, electrodes, micro-current element and a combination thereof ([0126], ion module, vibration module, heating module, [0048], electrode).
Regarding claim 15, Wang and Peng teach the device of claim 1, but do not specifically teach micro-current electrodes.
Kim teaches a facial beauty device (abstract, Fig. 1) further comprising:
wherein the shell comprises a plurality of micro-current electrodes for providing micro-current therapy to the user ([0134], microcurrent via ion module 316b, Fig. 6).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Wang and Peng to incorporate the teachings of Kim to include microcurrent electrodes. Doing so would allow for the providing of microcurrent therapy for skin care, as recognized by Kim [0122].
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 221752066) in view of Peng (CN 212730739), further in view of Kim (KR 2022/0027330), hereinafter ‘Kim 2’. Quotations of the English translations of the documents are used for claim mapping.
Regarding claim 16, Wang and Peng teach the device of claim 1, but do not specifically teach a channel for circulating liquid/air around the eyes.
Kim 2 teaches a mask for irradiating cosmetic light to the skin (abstract), further comprising:
wherein the first pad comprises a channel for circulating a liquid or air around periphery of eyes of the user ("Referring to FIG. 16 , the mask device 100 may further include a fan module 180 installed to circulate air inside the mask cover 110", Fig. 16).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Wang and Peng to incorporate the teachings of Kim 2 to include a channel for circulating liquid/air around the eyes. Doing so would allow for cooling of the power supply/controller, as recognized by Kim 2 ("In addition, since the fan module 180 flows air inside the control module 160 , the power supply unit 163 and the controller 168 in the control module 160 may be cooled by air").
Regarding claim 17, Wang, Peng, and Kim 2 teach the device of claim 16. Kim 2 teaches the device further comprising:
wherein the liquid or air is passed through a treating element that includes but is not limited to a heating element, a cooling element or a peltier element (fan module 180, Fig. 16, "In addition, since the fan module 180 flows air inside the control module 160 , the power supply unit 163 and the controller 168 in the control module 160 may be cooled by air").
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over of Kim et al. (US Pre-Grant Publication 2022/0257971) in view of Peng (CN 212730739), further in view of Kim (KR 2022/0027330), hereinafter ‘Kim 2’. Quotations of the English translations of the documents are used for claim mapping.
Regarding claim 18, Kim teaches a phototherapy face mask (facial beauty device 301, Fig. 1, [0070], face care by radiating LED light), comprising:
a shell adapted to fit on the face of a user (face body 310, Fig. 1), the shell comprises a plurality of micro- current electrodes for providing micro-current therapy to the user ([0134], microcurent via ion module 316b, Fig. 6);
a first opening in the shell for eyes of the user (opening 360h1, Fig. 6);
a second opening in the shell or nose tip of the user (unlabeled, see Fig. 4a); and
a first pad arranged around the first opening, the first pad is used for resting against periphery of eyes of the user (first-first frame 371a, Fig. 4a) to control the distance between shell and the face of the user ([0064], disposed around the eye to protect the face).
Kim does not teach a second pad for supporting the chin or that the first pad has a channel for circulating air/liquid.
Peng teaches a combined multifunctional cosmetic mask (see abstract, Fig. 1) further comprising:
a second pad installed at the bottom of the shell for supporting chin of the user (supporting cushion 33, Fig. 2).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Kim to incorporate the teachings of Peng to include a nose chin pad. Doing so would allow for the separation of the LED lamp and the user’s face, as recognized by Peng (“four direction supporting cushion 33 is worn by the face part contact with the face part, the LED lamp 32 and the user face between the distance, so as to increase the irradiation area of the LED lamp 32, so as to improve the use effect of the cosmetic mask”).
Kim and Chen do not specifically teach a channel for circulating air/liquid.
Kim 2 teaches a mask for irradiating cosmetic light to the skin (abstract), further comprising:
wherein the first pad comprises a channel for circulating a liquid or air around periphery of eyes of the user ("Referring to FIG. 16 , the mask device 100 may further include a fan module 180 installed to circulate air inside the mask cover 110", Fig. 16).
It would have been prima facie obvious before the effective filing date of the claimed invention to have modified Kim and Peng to incorporate the teachings of Kim 2 to include a channel for circulating liquid/air around the eyes. Doing so would allow for cooling of the power supply/controller, as recognized by Kim 2 ("In addition, since the fan module 180 flows air inside the control module 160 , the power supply unit 163 and the controller 168 in the control module 160 may be cooled by air").
Regarding claim 19, Kim, Peng, and Kim 2 teach the device of claim 18. Kim teaches the device further comprising:
a light source assembly in the shell for providing phototherapy to the face of the user (light emitting module 316a, Fig. 3).
Regarding claim 20, Kim, Peng, and Kim 2 teach the device of claim 18. Kim 2 teaches the device further comprising:
wherein the air or liquid inside the channel is treated with a treating element that includes but is not limited to a heating element, a cooling element or a peltier element (fan module 180, Fig. 16, "In addition, since the fan module 180 flows air inside the control module 160 , the power supply unit 163 and the controller 168 in the control module 160 may be cooled by air").
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH L OKONAK whose telephone number is (571)272-1594. The examiner can normally be reached Monday-Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at (571) 270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.L.O./Examiner, Art Unit 3792
/SHIRLEY X JIAN/Primary Examiner, Art Unit 3792
September 4, 2026
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