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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/27/2026 has been entered.
Response to Amendment
This office action is in response to the communications filed on 07/27/2026, concerning Application No. 17/305,019. The amendments to the claims filed on 07/27/2026 are acknowledged. Presently, claims 1-20 remain pending.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 07/27/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Edgar et al. (US 2009/0025747 A1, of record, cited in the applicant’s IDS filed on 11/18/2021, hereinafter Edgar) in view of Baym et al. (US 2014/0333744 A1, of record, with publication date 11/13/2014, hereinafter Baym).
Regarding claims 1 and 19, Edgar discloses a handheld device (test device 650) for treating a skin condition (and a corresponding method for treating a skin condition) (see, e.g., Figs. 11A-C and 18-20, and Abstract, and Para. [0013], “The devices may be used to treat a relatively large skin area such as a face, arm, or leg; or the devices may be used to selectively treat only one or a few skin features of interest…”), comprising:
an applicator (sprayer 652, needle 674) configured to apply a composition to skin, the composition comprising an active benefit agent for treating the skin condition and a tracer (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes”, and Para. [0099], “the terms "reflectance modifying agent" or "RMA" refer to any compound useful for altering the reflectance of skin. Some examples of RMAs are inks, dyes, pigments, bleaching agents, chemically altering agents, and other substances that can alter the reflectance of human skin and other features. An "RMA composition" is a composition which includes at least one RMA. An RMA composition typically includes other ingredients such as a moisturizer or carrier. A "transparent RMA" is typically a dye, although dilute pigmented RMAs are essentially transparent also. An "opaque RMA" typically comprises high refractive index particles”, where the claimed composition is interpreted as corresponding to the disclosed “RMA composition” (Para. [0099]) that is disclosed as a composition which includes at least one RMA and typically includes other ingredients such as a moisturizer or carrier, and where the claimed active benefit agent is interpreted as corresponding to the disclosed “other ingredients such as a moisturizer or carrier” (Para. [0099]) included in the RMA composition, and where the claimed tracer is interpreted as corresponding to the disclosed “at least one RMA” (Para. [0099]) included in the RMA composition) for tracking an amount of the active benefit agent to be applied to the skin (see, e.g., Figs. 28B and 32, and Para. [0246] and [0258], where the amount of target reflectance Rt 202 is shown versus regions 222, 223, and 224, such that the amount of target reflectance is representative of the amount of tracer and also representative of the tracked amount of ingredients such as moisturizer/active ingredient/composition/cosmetic already applied to the skin that comprises the tracer for tracking the amount of ingredients, which are both shown/represented as the measured reflectance imaged from the skin);
a detector arrangement (camera 654, LEDs 670) comprising at least one light source (LEDs 670) configured to provide light having at least two different peak wavelengths and at least one sensor (camera 654), the detector arrangement (654, 670) configured to obtain image data corresponding to an image of an area (camera field of view 655) of the skin (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes. One embodiment uses digital control based on the analysis of a camera images”, and Para. [0025], “the use of multiple LEDs provides additional flexibility to sequence the light sources to provide different lighting states in order to obtain data for skin topology. The use of multiple LEDs also permits a pairing of one or more LEDs with one or more photodiodes in another embodiment. The sensor can be any element that is sensitive to the amount of reflected light in one or more wavelength, and is typically one or more camera or a plurality of photodiodes or phototransistors”, and Para. [0027], “a digital eraser brush comprises at least one camera and multiple illuminators such as LEDs. Images are used to determine the distance and tilt of a device from the skin, and to determine accurate local reflectance of the skin. This information is then used to control one or more deposition elements in order to selectively apply one or more RMA to the skin”, and Para. [0172], “the illuminators are LEDs in a green wavelength to provide improved visibility of skin conditions relative to red or other wavelengths. In other examples, other wavelengths or combinations of wavelengths may be used”; also see, e.g., Figs. 11a-11c, and Para. [0225-0226, 0228-0229, 0231]); and
at least one processor configured to analyze the image data to determine whether an artifact corresponding to the skin condition is detected at a location within the area of the skin imaged by the detector arrangement (654, 670) and to determine an amount of the tracer detected from the location, the at least one processor directing the applicator (652, 674) to apply the composition to the location when the artifact is detected (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes. One embodiment uses digital control based on the analysis of a camera images”, and Para. [0028], “Software identifies scanned attributes of an area of skin or other feature and initiates the automatic and precise depositing of a reflectance modifying agent, such as a traditional pigment-based cosmetic, on the area. A means of deposition, for example a spray technology, applies the cosmetics. In one embodiment, the eraser brush is moved manually back and for across the area in multiple passes, to continually scan attributes of the area, for example lightness and darkness, relative to a set threshold designed to cosmetically improve the appearance of the area. The eraser brush automatically deposits the RMA, such as a cosmetic substance, until the threshold is achieved”, and Para. [0116], “The application of cosmetics with an apparatus of the current invention may improve the appearance of age spots, rings, veins, bumps, and other skin imperfections as the device is moved over skin”; also see, e.g., Figs. 18-20, and Para. [0208] and [0226-0232]; also see, e.g., Figs. 28B and 32, and Para. [0246], where the amount of target reflectance Rt 202 is shown versus regions 222, 223, and 224; also see, e.g., Para. [0195]),
wherein the amount of the tracer detected corresponds to the amount of the active benefit agent previously administered to the location (see, e.g., Figs. 28B and 32, and Para. [0246] and [0258], where the amount of target reflectance Rt 202 is shown versus regions 222, 223, and 224, such that the amount of target reflectance is representative of the amount of tracer and also representative of the amount of active ingredient/composition/cosmetic already applied to the skin that comprises the tracer, which are both shown/represented as the measured reflectance imaged from the skin).
Edgar does not disclose [1] wherein the tracer is not visible to a human under ambient light conditions, or absorbs light in a far-red spectrum; and [2] applying the composition to the location specifically when the amount of the tracer is less than a predetermined threshold level.
However, in the same field of endeavor of light detection utilizing cameras for medical purposes, Baym discloses the composition comprising a tracer, wherein the tracer is not visible to a human under ambient light conditions, or absorbs light in a far-red spectrum (see, e.g., Para. [0011], “The method may comprise tracking a position of the one or more body regions of the subject in the environment. The method may comprise identifying a unique tag/identifier with a location in the environment. The marker/tracer is detectable may be one or more of infrared light, visible light, or ultraviolet light. The unique tag/identifier is configured within the detectable marker/tracer. The unique tag/identifier may be detectable in one or more of infrared light, visible light, or ultraviolet light”, and Para. [0035], “The system may include one or more dispensers configured to dispense a marker/tracer compound unique to a subject in an environment. The marker/tracer compound may include one or more tracer particles including fluorescent tracer particles. Fluorescent tracer particles may contain fluorescent compounds that emit visible (VIS) light (wavelengths approximately 380 nm-750 nm) or near infrared (NIR) light (wavelengths approximately 750 nm-1100 nm) when irradiated with a light source”, and Para. [0039-0040], “The near infrared (NIR) marker may include, but is not limited to, FHI 8162, FHI 7782, FHI 8082, FHI 8022, and FHI 7832, available from Fabricolor Holding Inc., Paterson, N.J., and the invisible inks marketed under the name ClirCode available from Eastman Chemical Company, Kingsport, Tenn., and the IR dye 700 and 800 labels available from LI-COR Biosciences, Lincoln, Nebr. The ultraviolet (UV) marker may include, but is not limited to, fluoresceins, rhodamines (FAM, R6G, TAMRA, and ROX), Texas red, BODIPY, coumarins, cyanine dyes (thiazole orange [TO], oxazole yellow [YO], TOTO, YOYO; Cy3, Cy5), and Alexa dyes”, where infrared light and ultraviolet light are known to be not visible to humans); and
applying the composition to the location when the amount of the tracer is less than a predetermined threshold level (see, e.g., Para. [0043], “The cameras and illumination sources of the monitor system may use pulsed lighting and synchronized frame acquisition to maximize detection of fluorescent tracer particles and increase the signal to noise ratio. Pulsed lighting systems may include an illuminator, a lighting controller, camera controller and a camera. In some embodiments, an illumination controller for light-emitting diode (LED)/laser diode arrays can generate strobed illumination that is synchronized with a camera. The duration, intensity and position of the illumination sources (strobes) with respect to the start and duration of image capture frames are adjustable to optimize performance for specific applications; this timing can be matched to the fluorescence decay rate of a given marker in order to distinguish from ambient illumination or from other spectrally similar markers. The light intensity is increased during the strobe period so that adequate signal to noise may be maintained, while the average irradiance remains below threshold limit values for safe exposure of the subject or the object to be illuminated”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handheld device of Edgar by including [1] wherein the tracer is not visible to a human under ambient light conditions, or absorbs light in a far-red spectrum; and [2] applying the composition to the location specifically when the amount of the tracer is less than a predetermined threshold level, as disclosed by Baym. One of ordinary skill in the art would have been motivated to make this modification in order to maintain safe exposure of the composition to the subject, as recognized by Baym (see, e.g., Para. [0043]).
Regarding claim 2, Edgar modified by Baym discloses the handheld device of claim 1. Edgar further discloses wherein the applicator (sprayer 652, needle 674) is configured to apply a fixed dosage of the composition to the skin (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes”, and Para. [0010], “The current invention relates to automated methods to selectively and precisely apply one or more reflectance modifying agents (RMAs), such as a pigment or dye, to human skin to improve their visual attractiveness”; also see, e.g., Para. [0018], and Para. [0224-0235], and Figs. 18-20).
Regarding claims 3 and 20, Edgar modified by Baym discloses the handheld device of claim 1 and the method of claim 19, respectively. Edgar further discloses wherein the at least one processor is further configured to analyze the image data to determine an artifact magnitude of the artifact at the location, determine a dose of the composition to be applied to the location as a function of the artifact magnitude and the amount of the tracer, and direct the applicator to apply the dose of the composition to the location when the artifact is detected (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes. One embodiment uses digital control based on the analysis of a camera images”, and Para. [0028], “Software identifies scanned attributes of an area of skin or other feature and initiates the automatic and precise depositing of a reflectance modifying agent, such as a traditional pigment-based cosmetic, on the area. A means of deposition, for example a spray technology, applies the cosmetics. In one embodiment, the eraser brush is moved manually back and for across the area in multiple passes, to continually scan attributes of the area, for example lightness and darkness, relative to a set threshold designed to cosmetically improve the appearance of the area. The eraser brush automatically deposits the RMA, such as a cosmetic substance, until the threshold is achieved”, and Para. [0116], “The application of cosmetics with an apparatus of the current invention may improve the appearance of age spots, rings, veins, bumps, and other skin imperfections as the device is moved over skin”; also see, e.g., Figs. 18-20, and Para. [0208] and [0226-0232]; also see, e.g., Figs. 28B and 32, and Para. [0246], where the amount of target reflectance Rt 202 is shown versus regions 222, 223, and 224; also see, e.g., Para. [0195]).
Edgar does not disclose applying the composition to the location specifically when the amount of the tracer is less than the predetermined threshold level.
However, in the same field of endeavor of light detection utilizing cameras for medical purposes, Baym discloses the composition comprising a tracer; and applying the composition to the location when the amount of the tracer is less than the predetermined threshold level (see, e.g., Para. [0043], “The cameras and illumination sources of the monitor system may use pulsed lighting and synchronized frame acquisition to maximize detection of fluorescent tracer particles and increase the signal to noise ratio. Pulsed lighting systems may include an illuminator, a lighting controller, camera controller and a camera. In some embodiments, an illumination controller for light-emitting diode (LED)/laser diode arrays can generate strobed illumination that is synchronized with a camera. The duration, intensity and position of the illumination sources (strobes) with respect to the start and duration of image capture frames are adjustable to optimize performance for specific applications; this timing can be matched to the fluorescence decay rate of a given marker in order to distinguish from ambient illumination or from other spectrally similar markers. The light intensity is increased during the strobe period so that adequate signal to noise may be maintained, while the average irradiance remains below threshold limit values for safe exposure of the subject or the object to be illuminated”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the handheld device and the method of Edgar modified by Baym by including applying the composition to the location specifically when the amount of the tracer is less than the predetermined threshold level, as disclosed by Baym. One of ordinary skill in the art would have been motivated to make this modification in order to maintain safe exposure of the composition to the subject, as recognized by Baym (see, e.g., Para. [0043]).
Regarding claim 4, Edgar modified by Baym discloses the handheld device of claim 1. Edgar further discloses wherein the predetermined threshold level of the tracer corresponds to a desired dosage threshold for the active benefit agent (see, e.g., Para. [0028], “Software identifies scanned attributes of an area of skin or other feature and initiates the automatic and precise depositing of a reflectance modifying agent, such as a traditional pigment-based cosmetic, on the area. A means of deposition, for example a spray technology, applies the cosmetics. In one embodiment, the eraser brush is moved manually back and for across the area in multiple passes, to continually scan attributes of the area, for example lightness and darkness, relative to a set threshold designed to cosmetically improve the appearance of the area. The eraser brush automatically deposits the RMA, such as a cosmetic substance, until the threshold is achieved”, and Para. [0231-0235]).
Regarding claim 5, Edgar modified by Baym discloses the handheld device of claim 1. Edgar further discloses wherein the at least one light source (LEDs 670) comprises a first light source for delivering a far-red light or an infra-red light to the area (camera field of view 655) of the skin, and the at least one sensor comprises a sensor for detecting light from the area of the skin (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes. One embodiment uses digital control based on the analysis of a camera images. Another embodiment, utilizes a calibrated scanning device comprising a plurality of LEDs and photodiode sensors to correct reflectance readings to compensate for device distance and orientation relative to the skin”, and Para. [0027], “a digital eraser brush comprises at least one camera and multiple illuminators such as LEDs. Images are used to determine the distance and tilt of a device from the skin, and to determine accurate local reflectance of the skin. This information is then used to control one or more deposition elements in order to selectively apply one or more RMA to the skin”; also see, e.g., Figs. 11a-11c, and Para. [0025-0028], and Para. [0107-0109], and Para. [0224-0228]).
Regarding claim 6, Edgar modified by Baym discloses the handheld device of claim 5. Edgar further discloses wherein the far-red light has a peak wavelength from 650 nm to 700 nm (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes. One embodiment uses digital control based on the analysis of a camera images. Another embodiment, utilizes a calibrated scanning device comprising a plurality of LEDs and photodiode sensors to correct reflectance readings to compensate for device distance and orientation relative to the skin”, and Para. [0027], “a digital eraser brush comprises at least one camera and multiple illuminators such as LEDs. Images are used to determine the distance and tilt of a device from the skin, and to determine accurate local reflectance of the skin. This information is then used to control one or more deposition elements in order to selectively apply one or more RMA to the skin”, and Para. [0225], “FIG. 19 is a front view of the device showing the large circular polarizing filter 656. A set of 12 green wavelength 3 mm 2000 mcd, 20 mA, 3.6 Vf LEDs 670, are provided in a circular arrangement behind the polarizing filter (shown in FIG. 18). Four red 650 NM, 2.5 mW lasers 672 are provided for projecting four points onto the skin surface so that the relative position of the points may be used to determine device height and tilt”; also see, e.g., Figs. 11a-11c, and Para. [0025-0028], and Para. [0107-0109], and Para. [0224-0228]).
Regarding claim 7, Edgar modified by Baym discloses the handheld device of claim 5. Edgar further discloses wherein the detector arrangement further comprises a second light source for delivering a green light, and a third light source for delivering an infra-red light (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes. One embodiment uses digital control based on the analysis of a camera images. Another embodiment, utilizes a calibrated scanning device comprising a plurality of LEDs and photodiode sensors to correct reflectance readings to compensate for device distance and orientation relative to the skin”, and Para. [0027], “a digital eraser brush comprises at least one camera and multiple illuminators such as LEDs. Images are used to determine the distance and tilt of a device from the skin, and to determine accurate local reflectance of the skin. This information is then used to control one or more deposition elements in order to selectively apply one or more RMA to the skin”; also see, e.g., Figs. 11a-11c, and Para. [0025-0028], and Para. [0107-0109], and Para. [0172], and Para. [0224-0228]).
Regarding claim 8, Edgar modified by Baym discloses the handheld device of claim 7. Edgar further discloses wherein the second light source has a peak wavelength of 540 nm, and the third light source has a peak wavelength of 840 nm (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes. One embodiment uses digital control based on the analysis of a camera images. Another embodiment, utilizes a calibrated scanning device comprising a plurality of LEDs and photodiode sensors to correct reflectance readings to compensate for device distance and orientation relative to the skin”, and Para. [0027], “a digital eraser brush comprises at least one camera and multiple illuminators such as LEDs. Images are used to determine the distance and tilt of a device from the skin, and to determine accurate local reflectance of the skin. This information is then used to control one or more deposition elements in order to selectively apply one or more RMA to the skin”, and Para. [0172], “In one embodiment, the illuminators are LEDs in a green wavelength to provide improved visibility of skin conditions relative to red or other wavelengths. In other examples, other wavelengths or combinations of wavelengths may be used”, and Para. [0225], “FIG. 19 is a front view of the device showing the large circular polarizing filter 656. A set of 12 green wavelength 3 mm 2000 mcd, 20 mA, 3.6 Vf LEDs 670, are provided in a circular arrangement behind the polarizing filter (shown in FIG. 18). Four red 650 NM, 2.5 mW lasers 672 are provided for projecting four points onto the skin surface so that the relative position of the points may be used to determine device height and tilt”; also see, e.g., Figs. 11a-11c, and Para. [0025-0028], and Para. [0107-0109], and Para. [0224-0228]).
Regarding claim 9, Edgar modified by Baym discloses the handheld device of claim 6. Edgar does not disclose wherein the tracer absorbs light in a far-red spectrum and does not significantly absorb light in a visual red spectrum.
However, in the same field of endeavor of light detection utilizing cameras for medical purposes, Baym discloses wherein the tracer absorbs light in a far-red spectrum and does not significantly absorb light in a visual red spectrum (see, e.g., Para. [0011], “The method may comprise tracking a position of the one or more body regions of the subject in the environment. The method may comprise identifying a unique tag/identifier with a location in the environment. The marker/tracer is detectable may be one or more of infrared light, visible light, or ultraviolet light. The unique tag/identifier is configured within the detectable marker/tracer. The unique tag/identifier may be detectable in one or more of infrared light, visible light, or ultraviolet light”, where infrared/far-red light and ultraviolet light are known to be not visible to humans; also see, e.g., Para. [0035-0043], and Para. [0048], and Para. [0059-0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the handheld device of Edgar modified by Baym by including wherein the tracer absorbs light in a far-red spectrum and does not significantly absorb light in a visual red spectrum, as disclosed by Baym. One of ordinary skill in the art would have been motivated to make this modification in order to maintain safe exposure of the composition to the subject, as recognized by Baym (see, e.g., Para. [0043]).
Regarding claim 10, Edgar modified by Baym discloses the handheld device of claim 9. Edgar does not disclose wherein the tracer is a cyan dye or a cyan pigment.
However, in the same field of endeavor of light detection utilizing cameras for medical purposes, Baym discloses wherein the tracer is a cyan dye or a cyan pigment (see, e.g., Para. [0011], “The method may comprise tracking a position of the one or more body regions of the subject in the environment. The method may comprise identifying a unique tag/identifier with a location in the environment. The marker/tracer is detectable may be one or more of infrared light, visible light, or ultraviolet light. The unique tag/identifier is configured within the detectable marker/tracer. The unique tag/identifier may be detectable in one or more of infrared light, visible light, or ultraviolet light”, and Para. [0040], “The ultraviolet (UV) marker may include, but is not limited to, fluoresceins, rhodamines (FAM, R6G, TAMRA, and ROX), Texas red, BODIPY, coumarins, cyanine dyes (thiazole orange [TO], oxazole yellow [YO], TOTO, YOYO; Cy3, Cy5), and Alexa dyes”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the handheld device of Edgar modified by Baym by including wherein the tracer is a cyan dye or a cyan pigment, as disclosed by Baym. One of ordinary skill in the art would have been motivated to make this modification in order to maintain safe exposure of the composition to the subject, as recognized by Baym (see, e.g., Para. [0043]).
Regarding claim 11, Edgar modified by Baym discloses the handheld device of claim 10. Edgar does not disclose wherein the tracer is a non-sulfonated cyanine dye.
However, in the same field of endeavor of light detection utilizing cameras for medical purposes, Baym discloses wherein the tracer is a non-sulfonated cyanine dye (see, e.g., Para. [0011], “The method may comprise tracking a position of the one or more body regions of the subject in the environment. The method may comprise identifying a unique tag/identifier with a location in the environment. The marker/tracer is detectable may be one or more of infrared light, visible light, or ultraviolet light. The unique tag/identifier is configured within the detectable marker/tracer. The unique tag/identifier may be detectable in one or more of infrared light, visible light, or ultraviolet light”, and Para. [0040], “The ultraviolet (UV) marker may include, but is not limited to, fluoresceins, rhodamines (FAM, R6G, TAMRA, and ROX), Texas red, BODIPY, coumarins, cyanine dyes (thiazole orange [TO], oxazole yellow [YO], TOTO, YOYO; Cy3, Cy5), and Alexa dyes”, where Cy3 and Cy5 for example are known as non-sulfonated cyanine dyes).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the handheld device of Edgar modified by Baym by including wherein the tracer is a non-sulfonated cyanine dye, as disclosed by Baym. One of ordinary skill in the art would have been motivated to make this modification in order to maintain safe exposure of the composition to the subject, as recognized by Baym (see, e.g., Para. [0043]).
Regarding claim 12, Edgar modified by Baym discloses the handheld device of claim 9. Edgar does not disclose wherein the tracer absorbs light having a peak wavelength from 650 nm to 700 nm and does not significantly absorb light having a peak wavelength of 610 nm.
However, in the same field of endeavor of light detection utilizing cameras for medical purposes, Baym discloses wherein the tracer absorbs light having a peak wavelength from 650 nm to 700 nm and does not significantly absorb light having a peak wavelength of 610 nm (see, e.g., Para. [0011], “The method may comprise tracking a position of the one or more body regions of the subject in the environment. The method may comprise identifying a unique tag/identifier with a location in the environment. The marker/tracer is detectable may be one or more of infrared light, visible light, or ultraviolet light. The unique tag/identifier is configured within the detectable marker/tracer. The unique tag/identifier may be detectable in one or more of infrared light, visible light, or ultraviolet light”, where visible red light is known to have wavelengths at around 620-750nm; also see, e.g., Para. [0035-0043], and Para. [0048], and Para. [0059-0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the handheld device of Edgar modified by Baym by including wherein the tracer absorbs light having a peak wavelength from 650 nm to 700 nm and does not significantly absorb light having a peak wavelength of 610 nm, as disclosed by Baym. One of ordinary skill in the art would have been motivated to make this modification in order to maintain safe exposure of the composition to the subject, as recognized by Baym (see, e.g., Para. [0043]).
Regarding claim 13, Edgar modified by Baym discloses the handheld device of claim 1. Edgar does not disclose wherein the tracer is not visible to a human under ambient light conditions.
However, in the same field of endeavor of light detection utilizing cameras for medical purposes, Baym discloses wherein the tracer is not visible to a human under ambient light conditions (see, e.g., Para. [0011], “The method may comprise tracking a position of the one or more body regions of the subject in the environment. The method may comprise identifying a unique tag/identifier with a location in the environment. The marker/tracer is detectable may be one or more of infrared light, visible light, or ultraviolet light. The unique tag/identifier is configured within the detectable marker/tracer. The unique tag/identifier may be detectable in one or more of infrared light, visible light, or ultraviolet light”, and Para. [0035], “The system may include one or more dispensers configured to dispense a marker/tracer compound unique to a subject in an environment. The marker/tracer compound may include one or more tracer particles including fluorescent tracer particles. Fluorescent tracer particles may contain fluorescent compounds that emit visible (VIS) light (wavelengths approximately 380 nm-750 nm) or near infrared (NIR) light (wavelengths approximately 750 nm-1100 nm) when irradiated with a light source”, and Para. [0039-0040], “The near infrared (NIR) marker may include, but is not limited to, FHI 8162, FHI 7782, FHI 8082, FHI 8022, and FHI 7832, available from Fabricolor Holding Inc., Paterson, N.J., and the invisible inks marketed under the name ClirCode available from Eastman Chemical Company, Kingsport, Tenn., and the IR dye 700 and 800 labels available from LI-COR Biosciences, Lincoln, Nebr. The ultraviolet (UV) marker may include, but is not limited to, fluoresceins, rhodamines (FAM, R6G, TAMRA, and ROX), Texas red, BODIPY, coumarins, cyanine dyes (thiazole orange [TO], oxazole yellow [YO], TOTO, YOYO; Cy3, Cy5), and Alexa dyes”, where infrared light and ultraviolet light are known to be not visible to humans).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the handheld device of Edgar modified by Baym by including wherein the tracer is not visible to a human under ambient light conditions, as disclosed by Baym. One of ordinary skill in the art would have been motivated to make this modification in order to maintain safe exposure of the composition to the subject, as recognized by Baym (see, e.g., Para. [0043]).
Regarding claim 14, Edgar modified by Baym discloses the handheld device of claim 13. Edgar does not disclose wherein the tracer is a fluorescent dye or a fluorescent pigment.
However, in the same field of endeavor of light detection utilizing cameras for medical purposes, Baym discloses wherein the tracer is a fluorescent dye or a fluorescent pigment (see, e.g., Para. [0035-0041], and Para. [0043], “The cameras and illumination sources of the monitor system may use pulsed lighting and synchronized frame acquisition to maximize detection of fluorescent tracer particles…”, and Para. [0048], and Para. [0059-0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the handheld device of Edgar modified by Baym by including wherein the tracer is a fluorescent dye or a fluorescent pigment, as disclosed by Baym. One of ordinary skill in the art would have been motivated to make this modification in order to maintain safe exposure of the composition to the subject, as recognized by Baym (see, e.g., Para. [0043]).
Regarding claim 15, Edgar modified by Baym discloses the handheld device of claim 1. Edgar further discloses wherein the composition comprises at least one cosmetic ingredient for modifying an appearance of the skin (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes”, and Para. [0010], “The current invention relates to automated methods to selectively and precisely apply one or more reflectance modifying agents (RMAs), such as a pigment or dye, to human skin to improve their visual attractiveness”; also see, e.g., Para. [0224-0236], and Figs. 18-20; also see, e.g., Para. [0099-0102]).
Regarding claim 16, Edgar modified by Baym discloses the handheld device of claim 15. Edgar further discloses wherein the composition comprises at least one of an opaque substance, a cosmetic pigment, and a cosmetic dye (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes”, and Para. [0010], “The current invention relates to automated methods to selectively and precisely apply one or more reflectance modifying agents (RMAs), such as a pigment or dye, to human skin to improve their visual attractiveness”; also see, e.g., Para. [0224-0236], and Figs. 18-20; also see, e.g., Para. [0099-0102]).
Regarding claim 17, Edgar modified by Baym discloses the handheld device of claim 15. Edgar further discloses wherein the composition further comprises a reflectance modifying agent (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes”, and Para. [0010], “The current invention relates to automated methods to selectively and precisely apply one or more reflectance modifying agents (RMAs), such as a pigment or dye, to human skin to improve their visual attractiveness”; also see, e.g., Para. [0224-0236], and Figs. 18-20; also see, e.g., Para. [0099-0102]).
Regarding claim 18, Edgar modified by Baym discloses the handheld device of claim 1. Edgar further discloses wherein the skin condition is selected from a group consisting of excessive melanin deposits, infection, inflammation, acne, wrinkles, and nonuniformities in skin color (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes”, and Para. [0102], “The term "attribute" means the local reflectance of skin, the surface morphology of the skin, or both. The term "attribute" is a subset of the broader term "characteristic" which refers to any measurable skin property. The terms "in register in agreement" or "in agreement" means specifically applying an RMA in register to frexel attributes in a manner to accentuate one or more frexels of a feature such as applying a light RMA to lighten a light skin feature; applying a dark RMA to a darken a dark feature; adding red RMA a red frexel; and applying RMA to a dimple to highlight the dimple. The terms "in register in opposition" or "in opposition" means specifically applying an RMA in register to frexel attributes in a manner to conceal or cover one or more frexels of a feature such as applying a light RMA to a dark skin feature to lighten the feature; applying a dark RMA to a light feature to darken the skin; adding a green or blue RMA to a red frexel; and applying a light RMA to a portion of a wrinkle to hide the wrinkle”; also see, e.g., Para. [0277]).
Response to Arguments
Applicant's arguments, see Remarks filed 07/27/2026, have been fully considered but they are not persuasive.
Regarding Edgar (US 2009/0025747 A1) and Baym (US 2014/0333744 A1), Applicant argues that Edgar and Baym, alone or in combination, do not teach or suggest all of the elements of Applicant's amended claims 1 and 19. Specifically, Applicant argues that Edgar and/or Baym does not teach or suggest “a tracer for tracking an amount of the active benefit agent to be applied to the skin, wherein the tracer is not visible to a human under ambient light conditions, or absorbs light in a far-red spectrum” and “a detector arrangement comprising at least one light source configured to provide light having at least two different peak wavelengths”, as recited in claim 1 (and similarly claim 19).
Examiner respectfully disagrees and emphasizes that Edgar modified by Baym does disclose each and every limitation of the independent claims 1 and 19, as set forth above. Examiner emphasizes that:
[1] Edgar discloses an applicator (sprayer 652, needle 674) configured to apply a composition to skin, the composition comprising an active benefit agent for treating the skin condition and a tracer (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes”, and Para. [0099], “the terms "reflectance modifying agent" or "RMA" refer to any compound useful for altering the reflectance of skin. Some examples of RMAs are inks, dyes, pigments, bleaching agents, chemically altering agents, and other substances that can alter the reflectance of human skin and other features. An "RMA composition" is a composition which includes at least one RMA. An RMA composition typically includes other ingredients such as a moisturizer or carrier. A "transparent RMA" is typically a dye, although dilute pigmented RMAs are essentially transparent also. An "opaque RMA" typically comprises high refractive index particles”, where the claimed composition is interpreted as corresponding to the disclosed “RMA composition” (Para. [0099]) that is disclosed as a composition which includes at least one RMA and typically includes other ingredients such as a moisturizer or carrier, and where the claimed active benefit agent is interpreted as corresponding to the disclosed “other ingredients such as a moisturizer or carrier” (Para. [0099]) included in the RMA composition, and where the claimed tracer is interpreted as corresponding to the disclosed “at least one RMA” (Para. [0099]) included in the RMA composition) for tracking an amount of the active benefit agent to be applied to the skin (see, e.g., Figs. 28B and 32, and Para. [0246] and [0258], where the amount of target reflectance Rt 202 is shown versus regions 222, 223, and 224, such that the amount of target reflectance is representative of the amount of tracer and also representative of the tracked amount of ingredients such as moisturizer/active ingredient/composition/cosmetic already applied to the skin that comprises the tracer for tracking the amount of ingredients, which are both shown/represented as the measured reflectance imaged from the skin), and
a detector arrangement (camera 654, LEDs 670) comprising at least one light source (LEDs 670) configured to provide light having at least two different peak wavelengths and at least one sensor (camera 654), the detector arrangement (654, 670) configured to obtain image data corresponding to an image of an area (camera field of view 655) of the skin (see, e.g., Abstract, “One or more reflectance modifying agent (RMA) such as a pigmented cosmetic agent is applied selectively and precisely with a controlled spray to human skin according to local skin reflectance or texture attributes. One embodiment uses digital control based on the analysis of a camera images”, and Para. [0025], “the use of multiple LEDs provides additional flexibility to sequence the light sources to provide different lighting states in order to obtain data for skin topology. The use of multiple LEDs also permits a pairing of one or more LEDs with one or more photodiodes in another embodiment. The sensor can be any element that is sensitive to the amount of reflected light in one or more wavelength, and is typically one or more camera or a plurality of photodiodes or phototransistors” (emphasis added), and Para. [0027], “a digital eraser brush comprises at least one camera and multiple illuminators such as LEDs. Images are used to determine the distance and tilt of a device from the skin, and to determine accurate local reflectance of the skin. This information is then used to control one or more deposition elements in order to selectively apply one or more RMA to the skin”, and Para. [0172], “the illuminators are LEDs in a green wavelength to provide improved visibility of skin conditions relative to red or other wavelengths. In other examples, other wavelengths or combinations of wavelengths may be used” (emphasis added); also see, e.g., Figs. 11a-11c, and Para. [0225-0226, 0228-0229, 0231]); and
[2] Edgar is then modified by Baym to further include the teachings of Baym relied upon herein (both references in the same field of endeavor of light detection utilizing cameras for medical purposes), where Baym discloses the composition comprising a tracer, wherein the tracer is not visible to a human under ambient light conditions, or absorbs light in a far-red spectrum (see, e.g., Para. [0011], “The method may comprise tracking a position of the one or more body regions of the subject in the environment. The method may comprise identifying a unique tag/identifier with a location in the environment. The marker/tracer is detectable may be one or more of infrared light, visible light, or ultraviolet light. The unique tag/identifier is configured within the detectable marker/tracer. The unique tag/identifier may be detectable in one or more of infrared light, visible light, or ultraviolet light”, and Para. [0035], “The system may include one or more dispensers configured to dispense a marker/tracer compound unique to a subject in an environment. The marker/tracer compound may include one or more tracer particles including fluorescent tracer particles. Fluorescent tracer particles may contain fluorescent compounds that emit visible (VIS) light (wavelengths approximately 380 nm-750 nm) or near infrared (NIR) light (wavelengths approximately 750 nm-1100 nm) when irradiated with a light source”, and Para. [0039-0040], “The near infrared (NIR) marker may include, but is not limited to, FHI 8162, FHI 7782, FHI 8082, FHI 8022, and FHI 7832, available from Fabricolor Holding Inc., Paterson, N.J., and the invisible inks marketed under the name ClirCode available from Eastman Chemical Company, Kingsport, Tenn., and the IR dye 700 and 800 labels available from LI-COR Biosciences, Lincoln, Nebr. The ultraviolet (UV) marker may include, but is not limited to, fluoresceins, rhodamines (FAM, R6G, TAMRA, and ROX), Texas red, BODIPY, coumarins, cyanine dyes (thiazole orange [TO], oxazole yellow [YO], TOTO, YOYO; Cy3, Cy5), and Alexa dyes”, where infrared light and ultraviolet light are known to be not visible to humans), and one of ordinary skill in the art would have been motivated to make this modification in order to maintain safe exposure of the composition to the subject, as recognized by Baym (see, e.g., Para. [0043]).
Therefore, the combination of Edgar modified by Baym does disclose each and every limitation of the independent claims 1 and 19, as set forth above.
Conclusion
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/T.D./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798
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