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 .
Claims 1-20 are presented for the examination.
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.
2. Claim 12 is 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 pre-AIA the applicant regards as the invention.
a. The following terms lack proper antecedent basis:
the reapplication time- claim 12.
Claim Rejections - 35 USC § 103
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 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.
3. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over HWANG(US 20160300471 A1) in view of Gershteyn(US 6348694 B1).
As to claim 1, HWANG teaches receiving information associated with a reapplication of sunscreen( When the sunscreen reapplication information is provided as the UV avoidance information, para[0121], ln 1-7); calculating a reapplication time for the sunscreen based, in part, on the information( When the sunscreen reapplication information is provided as the UV avoidance information, the processor 430 may calculate a sunscreen reapplication notification time period, para[0121], ln 1-7/ The electronic apparatus may also set a sunscreen reapplication notification time period by using measurement data obtained by various sensors, such as an acceleration sensor, a PPG sensor, an ECG sensor, a GSR sensor, a temperature sensor, an illuminance sensor, etc. For example, the electronic apparatus may set a sunscreen reapplication time period according to the an amount of activity the user is predicted to perform through at least one of the above-described sensors, or may set the sunscreen reapplication time period according to biometric information (e.g., a heart rate, the generation amount of sweat, and the moisture level of the skin) of the user, which is predicted through at least one of the above-described sensors. A method for setting a time period for notifying of reapplication of a sunscreen may be implemented according to various embodiments of the present disclosure. The electronic apparatus may calculate a sunscreen reapplication notification time period on the basis of measurement values obtained by the above-described various sensors, para[0182]).
HWANG does not teach displaying the reapplication time to a user. However, Gershteyn teaches displaying the reapplication time to a user( the processor 86 then calculates an initial safe exposure time based on the skin darkness signal 88, the sunscreen effectiveness signal 92 if sunscreen has been applied, and the output signal 98 from the multiplexer 94, and displays the initial safe exposure time on the display 106, col 22, ln 30-45/ In such embodiments, the processor 86 may, for example, provide some form of indication to a user, via, for example, the audible indicator 104 and/or the display 106, col 20, 65-67 to col 21, ln 1-3).
It would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention was made to modify the teaching of HWANG with Gershteyn because this reduces ultraviolet radiation exposure, it is common to apply a sunscreen, or an ultraviolet radiation blocking cream, to the skin.
As to claim 2, HWANG teaches the receiving information comprises receiving input from a user( para[0182]) .
As to claim 3, HWANG teaches the receiving information comprises receiving input from one of a further application or an external data source( para[0048]/ para[0159], ln 1-10/ para[0121], ln 1-6/ para[0177], ln 15-20).
As to claim 4, HWANG teaches the information includes a range of information( para[0177]) .
As to claim 5, HWANG teaches the information comprises one of gender information, age information, sunscreen type information, skin tone information, weather information, and skin condition information( para[0182]) .
As to claim 6, HWANG teaches the sunscreen type information includes one of a sun protection factor (SPF) of the sunscreen, a UV protection rating of the sunscreen, an ingredient of the sunscreen, a property of the sunscreen, a form of the sunscreen or a trade name of the sunscreen( para[021]/ para[0129]).
As to claim 7, HWANG teaches receiving a photograph of the user, wherein the photograph includes a body part of the user to which the sunscreen is to be reapplied; and determining the skin tone information from the photograph( para[0014]/ para[0117]).
As to claim 8, Gershteyn teaches information used to calculate the reapplication time comprises at least two of gender information, age information, sunscreen type information, skin tone information, weather information, or skin condition information( col 3, ln 67-67 to col 4, ln 1-3) for the same reason as claim 1 above.
As to claim 9, HWANG teaches one or more tables including a correlation between the infornation and reapplication information for the sunscreen, wherein calculating the reapplication time for the sunscreen is based on the reapplication information( para[0131]/para[0121]/ para[0151]/ Fig. 7).
As to claim 10, Gershteyn teaches the calculating the reapplication time for the sunscreen comprises using a formula that correlates the information to the reapplication time( col 4, ln 7-20) .
As to claims 11-20, they are rejected for the same reasons as claims 1-3, 5-10 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LeChi Truong whose telephone number is ( 571) 272-3767. The examiner can normally be reached on 10-8PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chow, Dennis can be reached on ( 571) 272-7767 . The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/LECHI TRUONG/ Primary Examiner, Art Unit 2194