Prosecution Insights
Last updated: May 29, 2026
Application No. 16/719,410

LOCATION BASED LIGHTING EXPERIENCE

Non-Final OA §103
Filed
Dec 18, 2019
Examiner
SWARTZ, STEPHEN S
Art Unit
3625
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
L'Oréal
OA Round
8 (Non-Final)
32%
Grant Probability
At Risk
8-9
OA Rounds
0m
Est. Remaining
57%
With Interview

Examiner Intelligence

Grants only 32% of cases
32%
Career Allowance Rate
168 granted / 534 resolved
-20.5% vs TC avg
Strong +26% interview lift
Without
With
+25.6%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
32 currently pending
Career history
583
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
87.3%
+47.3% vs TC avg
§102
4.5%
-35.5% vs TC avg
§112
0.4%
-39.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 534 resolved cases

Office Action

§103
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 . This Final Office Action is responsive to Applicant's amendment filed on 1 April 2025. Applicant’s amendment on 1 April 2025 amended Claims 1 and 7. Claims 2-6, and 8-23 were previously canceled. Currently Claims 1 and 7 are pending and have been examined. Response to Arguments Applicant's arguments filed 1 April 2025 have been fully considered but they are moot in view of new grounds of rejection as necessitated by amendment. 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) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Patent Publication 2016/0255941 A1) (hereafter Yang) in view of Harrison et al. (U.S. Patent Publication 2020/0184122 A1) (hereafter Harrison) in further view of Brewer et al. (U.S. Patent Publication 2017/0020276 A1) (hereafter Brewer) in further view of Kraz et al. (U.S. Patent Publication 2019/0208095 A1) (hereafter Kraz). Referring to Claim 1, Yang teaches a cosmetic compact case and lighting system device, comprising: having a light right surrounding the brush, wherein the light includes one or more light sensors positioned around the light and one or more light emitting diodes positioned around the light and a communications module capable of wireless communication, the brush is in an ambient location (see; par. [0060] of Yang teaches a device that can be used for travel in a, par. [0219] utilizing light sensors, where par. [0163] over a wireless communication, and utilizes LED light sources). one or more computing devices that wirelessly communicate with the device (see; par. [0163] of Yang teaches wireless communication device, par. [0060] utilizing a hand-held device for travel that includes a device that is enclosed). the one or more light sensors around the light measure the ambient lighting conditions and communicate with the one or more computing devices (see; par. [0219] of Yang teaches light sensors detecting ambient light and par. [0165] using that information to adjust the light of a device, par. [0172] including providing adjustment based on temperature, color, hue and intensity, utilizing a par. [0163] wireless communication device). the one or more computing devices compare the ambient lighting conditions to the selected lighting conditions and generate instructions for adjusting the light emitting diodes around the light, wherein the instructions include a light temperature, light color rendering index, and light diffusion value calculated to create the selected lighting conditions using the light emitting diodes around the light (see; par. [0219] of Yang teaches light sensors detecting ambient light and par. [0165] using that information to adjust the light of the device, par. [0172] including providing adjustment based on temperature, color, hue and intensity, as well as par. [0091] diffusion, and par. [0116] using a color rendering index, par. [0108] providing lighting conditions from multiple locations such as different venues during different seasons). the light emitting diodes around the light ring emit a light with the calculated values of light temperature, light color rendering index, and light diffusion to simulate the selected lighting conditions (see; par. [0136], par. [0168], and par. [0172] of Yang teaches calculate the amount of illumination, par. [0172] including providing adjustment based on temperature, color, hue and intensity, as well as par. [0091] diffusion, and par. [0116] using a color rendering index, par. [0108] providing lighting conditions from multiple locations such as different venues during different seasons for the location). Yang does not explicitly disclose the following limitations, however, Harrison teaches the one or more computing devices receive lighting conditions from a plurality of application programming interfaces communicating with one or more server computing systems, including (see; Abstract of Harrison teaches the design of a lighting environment using a lighting library that can be selected by a user to create different lighting conditions, col. 35, lines (16-33) where the user can select the lighting using an API). an application programming interface, wherein the lighting conditions are generated by venues or businesses included in a web-based map (see; col. 35, lines (16-33) of Harrison teaches an API, col. 36, lines (26-41) that is used to control lighting conditions from a location (i.e. venue or business), col. 7, lines (51-62) that utilizes mapping data from the location). an application programming interface, wherein the lighting conditions are generated by weather providers for day, night, rain, and overcast lighting conditions (see; col. 35, lines (16-33) of Harrison teaches an API, col. 65, line (66) – col. 66, line (15) that provides remote access and lighting including weather, as well as col. 62, lines (37-58) night or day lighting). an application programming interface, wherein the lighting conditions are pulled for indoor lighting (see; col. 35, lines (16-33) of Harrison teaches an API, col. 35, lines (16-33) and col. 96, line (50) – col. 97, line (3) that provides an example of lighting as per level as perceived inside where the light source is mimicking a window’s light in the inside). an application programming interface, wherein the lighting conditions are pulled for outdoor lighting (see; col. 35, lines (16-33) of Harrison teaches an API, col. 35, col. 63, lines (11-37) where the light provide is to mimic outside light). the one or more computing devices allow selecting the lighting conditions from one or more application programming interfaces (see; col. 35, lines (16-33) of Harrison teaches an API, and col. 60, lines (20-53) where a device provides the lighting selected by the user of the API). The Examiner notes that Yang teaches similar to the instant application teaches a device that can provide variable lighting. Specifically, Yang discloses a device that is in communication with other devices in order to provide a range of ambient lighting conditions from multiple venues, time of day and season it is therefore viewed as analogous art in the same field of endeavor. Additionally, Harrison teaches automated design, fulfillment deployment and operation platform for lighting installations and as it is comparable in certain respects to Yang which a device that can provide variable lighting as well as the instant application it is viewed as analogous art and is viewed as reasonably pertinent to the problem faced by the inventor. This provides support that it would be obvious to combine the references to provide an obviousness rejection. Yang discloses a device that is in communication with other devices in order to provide a range of ambient lighting conditions from multiple venues, time of day and season. However, Yang fails to disclose the one or more computing devices receive lighting conditions from a plurality of application programming interfaces communicating with one or more server computing systems, including, an application programming interface, wherein the lighting conditions are generated by venues or businesses included in a web-based map, an application programming interface, wherein the lighting conditions are generated by weather providers for day, night, rain, and overcast lighting conditions, an application programming interface, wherein the lighting conditions are pulled for indoor lighting, an application programming interface, wherein the lighting conditions are pulled for outdoor lighting, and the one or more computing devices allow selecting the lighting conditions from one or more application programming interfaces. Harrison discloses the one or more computing devices receive lighting conditions from a plurality of application programming interfaces communicating with one or more server computing systems, including, an application programming interface, wherein the lighting conditions are generated by venues or businesses included in a web-based map, an application programming interface, wherein the lighting conditions are generated by weather providers for day, night, rain, and overcast lighting conditions, an application programming interface, wherein the lighting conditions are pulled for indoor lighting, an application programming interface, wherein the lighting conditions are pulled for outdoor lighting, and the one or more computing devices allow selecting the lighting conditions from one or more application programming interfaces. It would be obvious to one of ordinary skill in the art to include in the task management (system/method/apparatus) of Yang the one or more computing devices receive lighting conditions from a plurality of application programming interfaces communicating with one or more server computing systems, including, an application programming interface, wherein the lighting conditions are generated by venues or businesses included in a web-based map, an application programming interface, wherein the lighting conditions are generated by weather providers for day, night, rain, and overcast lighting conditions, an application programming interface, wherein the lighting conditions are pulled for indoor lighting, an application programming interface, wherein the lighting conditions are pulled for outdoor lighting, and the one or more computing devices allow selecting the lighting conditions from one or more application programming interfaces as taught by Harrison since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Additionally, Yang and Harrison teach the collecting and analysis of data in order to manage lighting conditions and they do not contradict or diminish the other alone or when combined. Yang in view of Harrison does not explicitly disclose the following limitation, however, Brewer teaches hand-held oscillating brush (see; par. [0004] of Brewer teaches an oscillating hair brush). The Examiner notes that Yang teaches similar to the instant application teaches a device that can provide variable lighting. Specifically, Yang discloses a device that is in communication with other devices in order to provide a range of ambient lighting conditions from multiple venues, time of day and season it is therefore viewed as analogous art in the same field of endeavor. Additionally, Harrison teaches automated design, fulfillment deployment and operation platform for lighting installations and as it is comparable in certain respects to Yang which a device that can provide variable lighting as well as the instant application it is viewed as analogous art and is viewed as reasonably pertinent to the problem faced by the inventor. Additionally, Brewer teaches detangling hair brush that similar to Yang and Harris provides a cosmetic benefit to a user utilizing a device with that can provide variable lighting as well as the instant application it is viewed as analogous art and is viewed as reasonably pertinent to the problem faced by the inventor. This provides support that it would be obvious to combine the references to provide an obviousness rejection. Yang and Harrison discloses a device that is in communication with other devices in order to provide a range of ambient lighting conditions from multiple venues, time of day and season. However, Yang and Harrison fails to disclose hand-held oscillating brush. Brewer discloses hand-held oscillating brush. It would be obvious to one of ordinary skill in the art to include in the task management (system/method/apparatus) of Yang and Harrison hand-held oscillating brush as taught by Brewer since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, specifically taking a lighting element and sensors to a brush would provide sensing and lighting to the brush and would be yield predictable results of lighting for the brush in a specific manner and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Additionally, Yang, Harrison and Brewer teach the collecting and analysis of data in order to manage lighting conditions and they do not contradict or diminish the other alone or when combined. Yang in view of Harrison in further view of Brewer does not explicitly disclose the following limitation, however, Kraz teaches a light ring (see; Abstract of Kraz teaches a light ring assembly that can be attached to a device). The Examiner notes that Yang teaches similar to the instant application teaches a device that can provide variable lighting. Specifically, Yang discloses a device that is in communication with other devices in order to provide a range of ambient lighting conditions from multiple venues, time of day and season it is therefore viewed as analogous art in the same field of endeavor. Additionally, Harrison teaches automated design, fulfillment deployment and operation platform for lighting installations and as it is comparable in certain respects to Yang which a device that can provide variable lighting as well as the instant application it is viewed as analogous art and is viewed as reasonably pertinent to the problem faced by the inventor. Additionally, Brewer teaches detangling hair brush that similar to Yang and Harris provides a cosmetic benefit to a user utilizing a device with that can provide variable lighting as well as the instant application it is viewed as analogous art and is viewed as reasonably pertinent to the problem faced by the inventor. Additionally, Kraz teaches device light rings with spacing to be mounted to other items that is similar to Yang, Harris, and Brewer provides a cosmetic benefit to a user utilizing a device with that can provide variable lighting as well as the instant application it is viewed as analogous art and is viewed as reasonably pertinent to the problem faced by the inventor. This provides support that it would be obvious to combine the references to provide an obviousness rejection. Yang, Harrison, and Brewer discloses a device that is in communication with other devices in order to provide a range of ambient lighting conditions from multiple venues, time of day and season and can be used as to advance cosmetic needs. However, Yang, Harrison, and Brewer fails to disclose hand-held oscillating brush. Kraz discloses a light ring. It would be obvious to one of ordinary skill in the art to include in the task management (system/method/apparatus) of Yang, Harrison, and Brewer light ring as taught by Kraz since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, specifically taking a lighting element and sensors to a brush would provide sensing and lighting to the brush and would be yield predictable results of lighting for the brush in a specific manner and then adding a light ring would provide additional lighting and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Additionally, Yang, Harrison, Brewer, and Kraz teach the collecting and analysis of data in order to manage lighting conditions and they do not contradict or diminish the other alone or when combined. Referring to Claim 7, Yang in view of Harrison in further view of Brewer in further view Zraz teaches a computer implemented method of simulating lighting conditions. Claim 7 recites the same or similar limitations as those addressed above in claim 1, Claim 7 is therefore rejected for the same reasons as set forth above in claim 1, except for the following noted exception. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. BLANK (U.S. Patent Publication 2020/0196936 A1) discloses hair condition-determining device, hair condition determining system, and method for determining a hair condition. Edgar et al. (U.S. Patent Publication 2010/0139682 A1) hereafter method and apparatus for precise deposition of hair care agents. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN S SWARTZ whose telephone number is (571)270-7789. The examiner can normally be reached on Mon-Fri 9:00 - 6:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutao Wu can be reached on 571 272-6045. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SSS/ Patent Examiner, Art Unit 3623 /RUTAO WU/Supervisory Patent Examiner, Art Unit 3623
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Prosecution Timeline

Show 17 earlier events
Nov 12, 2024
Response after Non-Final Action
Jan 06, 2025
Request for Continued Examination
Jan 11, 2025
Response after Non-Final Action
Jan 29, 2025
Non-Final Rejection mailed — §103
Apr 01, 2025
Response Filed
Jun 11, 2025
Final Rejection mailed — §103
Aug 05, 2025
Response after Non-Final Action
Apr 03, 2026
Response after Non-Final Action

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Prosecution Projections

8-9
Expected OA Rounds
32%
Grant Probability
57%
With Interview (+25.6%)
4y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 534 resolved cases by this examiner. Grant probability derived from career allowance rate.

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