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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-6, 11-15, and 18-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation “the intelligent caring device” in line 3. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination “the intelligent caring device” will be read as “an intelligent caring device”.
Claim 5 recites the limitation “communicative connection” in line 5. Since the claim language does not use antecedent basis (e.g. “the” or “said”), it is unclear if applicant is referring to the same ones of “communicative connection” of claim 5 line 4 or a second communicative connection. For purposes of examination, it is assumed that “communicative connection” refers to the same ones of “communicative connection” found in claim 5 line 4.
Claim 6 recites the limitation “the user” in line 3. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination “the user” will be read as “a user”.
Claim 11 recites the limitation “a user image” in line 4. Since the claim language does not use antecedent basis (e.g. “the” or “said”), it is unclear if applicant is referring to the same ones of “a user image” of claim 1 from which claim 11 depends or a second user image. For purposes of examination, it is assumed that “a user image” refers to the same ones of “a user image” found in claim 1.
Claim 11 recites the limitation “an intelligent-caring-device image” in line 4. Since the claim language does not use antecedent basis (e.g. “the” or “said”), it is unclear if applicant is referring to the same ones of “an intelligent-caring-device image” of claim 1 from which claim 11 depends or a second intelligent-caring-device image. For purposes of examination, it is assumed that “an intelligent-caring-device image” refers to the same ones of “an intelligent-caring-device image” found in claim 1.
Claim 13 recites the limitation “the step” in line 1. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination “the step” will be read as “a step”.
Claim 14 recites the limitation “the step” in line 2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination “the step” will be read as “a step”.
Claim 15 recites the limitation “the step” in line 1. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination “the step” will be read as “a step”.
Claim 15 recites the limitation “the user” in lines 3 and 4. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination the first instance of “the user” will be read as “a user”.
Claims 12, 18-20 objected to as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by CHOE YUN (KR102118151B1, see-translation; hereinafter Yun).
Regarding claim 9, Yun discloses an intelligent caring device, wherein the intelligent caring device (Smart toothbrush 110; 0021) comprises: a main toothbrush body (body 110a; 0021); and a second communication element (Near Field communication element; 0020) configured for sending a caring record of a user to a first communication element of an intelligent caring mirror (brushing score and brushing time displayed on guide unit 121; 0038).
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.
Claims 1-3, 7, 11-12, 15-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yun in view of LI DIANMENG (CN110109553A, see-translation; hereinafter Li).
Regarding claim 1, Yun discloses an intelligent caring mirror (smart mirror 120; 0026), a processor (a processor is inherent to any smart device) and a mirror-body displaying assembly (combination of display units like guide unit 121, fern position display unit 122, real-time image display unit 123, and time display unit 124; 0027); wherein the target image comprises at least a user image and an intelligent-caring-device image (when toothbrush is turned on, the guide unit on the mirror will show the user a brushing order. This means the user and the toothbrush in front of the mirror are the target image; 0005); the processor is configured for, according to the user image and the intelligent-caring-device image, acquiring a caring instructing video (guide video for brushing teeth; 0005); and the mirror-body displaying assembly is configured for displaying the caring instructing video (video shown through guide unit 121; 0028). Yun does not explicitly disclose wherein the intelligent caring mirror comprises an imaging unit, and the imaging unit is configured for collecting a target image in front of the intelligent caring mirror.
However, Li teaches wherein the intelligent caring mirror comprises an imaging unit (camera ranging module 30; Fig 1), and the imaging unit is configured for collecting a target image in front of the intelligent caring mirror (0008).
Thus, 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 Yun to implement the teachings of Li for the benefit of also acquiring an image of the user with the toothbrush in front of the mirror. Yun’s mirror does reflect the image of the user with the toothbrush but doesn’t acquire an image of the user with the toothbrush with an imaging unit.
Regarding claim 2, Li teaches wherein the mirror-body displaying assembly comprises a transparent substrate layer (first transparent substrate 012; Fig 2), a transmitting-and-reflecting layer (first semi-transparent and semi-reflective layer 011; Fig 2) and a displaying layer (displaying module 20; Fig 1) that are arranged in stack (stacked in Fig 2), wherein the transmitting-and-reflecting layer and the displaying layer are located on two sides of the transparent substrate layer (Shown in Fig 2 located on two side); the transmitting-and-reflecting layer comprises a transmitting-and-reflecting region and a reflecting region (may include at least 2 discrete semi-transparent and semi-reflective subareas; 0085), and a light-emitting face of the displaying layer faces the transmitting-and-reflecting region (light transmittance; 0085); the reflecting region is used for reflecting an incident light pointing to the light-emitting face (incident light hitting a mirror is an inherent property necessary for a mirror to work and the reflective region of the semi-reflective area has reflective properties; 0085); and the transmitting-and-reflecting region is used for partially transmitting (partially transmits light because it's semi-transparent; 0085) and partially reflecting of the incident light pointing to the light-emitting face (partially reflects light because it's semi-reflective; 0085), and transmitting a light emitted from the light- emitting face (This is an inherent property of a semi-transparent and semi-reflective area).
Thus, 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 Yun to implement the teachings of Li for the benefit of teaching the structure of a smart mirror and how it works because Yun doesn’t disclose the specific structure of the smart mirror.
Regarding claim 3, Li teaches wherein a padding layer (first protective layer 013; Fig 2) is provided between the transmitting-and-reflecting layer and the displaying layer (on the surface of the first semi-transparent and reflective layer 011 and the front side of the mirror - see 0088. After the front side of the mirror you have the display module 20 as seen in Fig 1).
Thus, 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 Yun to implement the teachings of Li for the benefit of understand the structure of a smart mirror and how it works because Yun doesn’t disclose the specific structure of the smart mirror.
Regarding claim 7, Yun discloses wherein the intelligent caring mirror further comprises: an audio outputting element (video announced by voice as well; 0005) configured for outputting voice data of the caring instructing video (brushing order; 0005).
Regarding claim 11, Yun discloses an image displaying method, applied to the intelligent caring mirror according to claim 1, wherein the method comprises: wherein the target image comprises at least a user image and an intelligent-caring-device image (when toothbrush is turned on, the guide unit on the mirror will show the user a brushing order. This means the user and the toothbrush in front of the mirror are the target image; 0005); according to the user image and the intelligent-caring-device image, acquiring the caring instructing video (guide video for brushing teeth; 0005); and displaying the caring instructing video (video shown through guide unit 121; 0028). Yun does not explicitly disclose collecting the target image in front of the intelligent caring mirror.
However, Li teaches collecting the target image in front of the intelligent caring mirror (0008).
Thus, 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 Yun to implement the teachings of Li for the benefit of also acquiring an image of the user with the toothbrush in front of the mirror. Yun’s mirror does reflect the image of the user with the toothbrush but doesn’t acquire an image of the user with the toothbrush with an imaging unit.
Regarding claim 12, Yun discloses wherein the caring instructing video comprises a personal virtual image containing a teeth virtual image (virtual image of tooth being brushed; 0030), and an intelligent-caring-device virtual image (the tooth being brushed would show the toothbrush as well; 0030).
Regarding claim 15, Yun discloses wherein after the step of displaying the caring instructing video, the method further comprises: collecting a caring image of the user (user's brushing image in real time; 0043); acquiring a first position of the intelligent-caring-device image in the caring image of the user (the position of the toothbrush performing the caring will be shown from the captured image of the camera unit 111; 0035), and a second position of the intelligent-caring-device virtual image in the caring instructing video (position of user currently brushing will be displayed in position display unit 122; 0030); comparing the first position and the second position, to obtain a coinciding degree and a coinciding duration of the intelligent-caring-device image and the intelligent-caring-device virtual image (the coinciding degree and coinciding duration is implied because when it is determined that the user has sufficiently brushed the corresponding tooth, the control unit will update the display, in this example it would remove the tooth decay icon; 0031); and according to the coinciding degree and the coinciding duration, obtaining a caring score, and displaying the caring score (calculating brushing score and displaying brushing score; 0038).
Regarding claim 16, Yun discloses an image displaying system, wherein the system comprises the intelligent caring mirror (smart mirror; 0027) according to any one of claim 1 and an intelligent caring device (smart toothbrush 110; 0021), and the intelligent caring device comprises: a main toothbrush body (body 110a; 0021); and a second communication element (near field communication; 0020) configured for sending a caring record of a user to a first communication element of the intelligent caring mirror (brushing score and brushing time displayed on guide unit 121; 0038).
Regarding claim 18, Yun discloses a calculating and processing device, wherein the calculating and processing device comprises: a memory (inherent to a smart device) storing a computer-readable code (this is inherent because the processor needs to follow instruction through computer-readable code); and one or more processors (a processor is inherent to any smart devices), wherein when the computer-readable code is executed by the one or more processors (inherent because the processor executes code to function), the calculating and processing device implements the image displaying method according to claim 11.
Regarding claim 19, Yun discloses a computer program product, wherein the computer program product comprises a computer-readable code (this is inherent because the processor needs to follow instruction through computer-readable code to function), and when the computer-readable code is executed in a calculating and processing device (inherent because the processor executes code), the computer-readable code causes the calculating and processing device to implement the image displaying method according to claim 11.
Regarding claim 20, Yun discloses a non-transitory computer-readable storage medium (non-transitory computer readable storage is inherent to smart device because it will need the storage to store computer readable code), wherein the non- transitory computer-readable storage medium stores a computer instruction (inherent because the storage is needed to store the computer-readable code), and the computer instruction, when executed by a processor, implements the image displaying method according to claim 11 (inherent, displaying the image is a result of code being executed by the processor).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Yun in view of LIU Cong-Jiang (CN 110087106 A, see-translation; hereinafter Liu).
Regarding claim 10, Liu teaches wherein the main toothbrush body is provided with at least one identification mark at a surface (device identifier; 0009).
Thus, 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 Yun to implement the teachings of Liu for the benefit of marking the toothbrush to be able to identify it.
Claims 4-5, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Yun in view of Li in view of Liu.
Regarding claim 4, Yun discloses wherein the intelligent caring mirror further comprises: a first communication element (NFC communication; 0020) configured for, in response to the intelligent caring device being an intelligent toothbrush, acquiring a caring record of a user from the intelligent toothbrush (total brushing time and brushing score; 0038); the mirror-body displaying assembly is further configured for displaying the caring record of the user (displayed on the guide unit 121; 0038); and the caring record contains at least one of a current caring duration (total brushing time; 0038), and a caring score (brushing score; 0038). Yun does not disclose the caring record containing a successive-caring-day quantity.
However, Liu teaches the caring record containing a successive-caring-day quantity (cumulative number of days of brushing teeth; 0013).
Thus, 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 Yun to implement the teachings of Liu for the benefit of also disclosing the continuous days of caring performed by the user for an improved caring record of the user.
Regarding claim 5, Yun discloses wherein the first communication element is a first near-field-communication element (Near Field Communication; 0020); the first near-field-communication element is configured for, in response to a request of communicative connection by a second near-field-communication element of the intelligent toothbrush, performing communicative connection (Performing Near Field Communication with both the smart electric toothbrush 110 and the smart mirror 120; 0020) ; and the processor is further configured for, in response to the communicative connection between the first near-field-communication element and the second near-field-communication element of the intelligent toothbrush (inherent because the processor needs to be involved in the process of communication between smart devices). Yun does not explicitly disclose controlling the imaging unit to perform image acquisition.
However, Li teaches controlling the imaging unit to perform image acquisition (image acquisition; 0008).
Thus, 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 Yun to implement the teachings of Li because it is necessary for the processor to be involved in the action of image acquisition as well as the communication between smart devices.
Regarding claim 17, Liu teaches wherein the main toothbrush body is provided with at least one identification mark at a surface (device identifier; 0009).
Thus, 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 Yun to implement the teachings of Liu for the benefit of marking the toothbrush to be able to identify it.
Claims 6, 8, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yun in view of Li in view of LI GUANG-HUANG (CN 108776663 A, see-translation; hereinafter Guang).
Regarding claim 6, Li teaches wherein the intelligent caring mirror further comprises: an audio inputting element configured for collecting a voice information of the user (instructions through voice; 0103); controlling the imaging unit to perform image acquisition (recognize voice command and display image; 0106).
Thus, 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 Yun to implement the teachings of Li for the benefit of teaching the structure of a smart mirror and how it works because an input element can be part of a smart mirror.
Li does not teach the processor is further configured for, if the voice information satisfies a voice-awakening standard.
However, Guang teaches the processor is further configured for, if the voice information satisfies a voice-awakening standard (GUANG recognizing keywords from voice; 0064).
Thus, 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 Yun to implement the teachings of Guang for the benefit of allowing hands free and improved interaction with a smart mirror. With a voice-awakening standard certain keywords will wake up the device and then you can give a command to be executed.
Regarding claim 8, Guang teaches wherein the intelligent caring mirror further comprises: an infrared sensor configured for collecting a thermal-radiation information of a current environment (infrared sensor module in 0024 and collecting thermal-radiation is inherent for an infrared sensor); and the processor is further configured for, in response to the thermal-radiation information of the current environment containing a human-body thermal-radiation information, controlling the imaging unit to perform image acquisition (image acquisition when the infrared sensor detects a person in the preset area; 0025).
Thus, 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 Yun to implement the teachings of Guang for the benefit of detecting how close the user is to the mirror trough human-body thermal information.
Regarding claim 13, Yun discloses wherein the step of acquiring the caring instructing video comprises: according to the first relative position and a predetermined caring instructing rule, acquiring a second relative position of the personal virtual image and the intelligent-caring-device virtual image (virtual image displayed of the user brushing their teeth with the toothbrush in the position of the display unit 122; 0030); and according to the second relative position, synthesizing the personal virtual image and the intelligent-caring-device virtual image, to obtain the caring instructing video (combined and displayed as a single image and watch fern video; 0030 and 0043). Yun does not disclose acquiring a first relative position of the intelligent-caring-device image and the user image in the target image.
However, Guang teaches acquiring a first relative position of the intelligent-caring-device image and the user image in the target image (obtaining position of user of .8 meters from the smart mirror; 0067).
Thus, 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 Yun to implement the teachings of Guang for the benefit of detecting how close the user is to the mirror.
Regarding claim 14, Yun discloses wherein the teeth virtual image contains an emphatically displayed mark (tooth decay icon on the corresponding tooth; 0031), and the step of, according to the second relative position, synthesizing the personal virtual image and the intelligent-caring-device virtual image, to obtain the caring instructing video (combined and displayed as a single image and watch fern video; 0030 and 0043) comprises: according to the second relative position, determining a region of coincidence (intersecting region of the tooth being brushed by the toothbrush will be shown in the display; 0030) of a preset continuous duration between the teeth virtual image and the intelligent-caring-device virtual image as a target region (preset continuous duration will be the scheduled brushing end time; 0033); deleting the emphatically displayed mark of the target region in the teeth virtual image, to obtain the teeth virtual image obtained after the deletion (delete tooth decay icon after it has been brushed properly; 0031); and according to the second relative position, synthesizing the personal virtual image containing the teeth virtual image obtained after the deletion and the intelligent-caring-device virtual image (combined and displayed as a single image and the control unit commands the display unit 122 to delete tooth decay icon; 0030 and 0031), to obtain the caring instructing video (watch fern video; 0043).
Conclusion
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/JOSE ANGELES/Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715