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 .
Response to Amendment
The Amendment filed 09/19/2025 has been entered. Claims 1-22 are pending in this application.
Claims 1, 4- 5, and 10 have been amended. Claims 11- 14, and 20- 21 are cancelled. Claim 22 is new.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3- 10, 15-18, and 20- 22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 5, 6, and 10 are objected to under 37 CFR 1.75(c) as being in improper form because a claim should not refer to a preceding claim. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1- 3, 8, and 15- 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng Cao (US 20190146128 A1) (hereinafter Cao) further in view of Eberhard Schmidt (US 20140375554 A1) (hereinafter Schmidt):
Regarding Claim 1, Cao teaches a computer-implemented method ([0054] teaches a computer method), comprising:
displaying an active window on a display integrated in a reflective surface such that a reflection of a subject is visible on the reflective surface and the subject has a view of content within the active window ([0001], and [0048] teaches a smart mirror with active windows on a display, and a reflection of the user);
capturing data by a sensor to analyze a first biological parameter of the subject ([0020] teaches sensors that capture biometric information).
Cao does not explicitly teach the following limitations; however, in an analogous art, Schmidt teaches determining associated with analyzing the first biological parameter ([0019] teaches determining a deviation of the body for analyzing );
acquiring a current body configuration of the subject ([0039] teaches capturing the current body part position);
determining an adjustment to be performed by the subject to change from the current body configuration to the target body configuration ([0046] teaches determining the adjustment needed to be performed by user to be in optimal position);
determining a modification to the active window, thereby resulting in a modified active window ([0043] teaches determining the modification of the window),
wherein the modification to the active window comprises at least one of modifying a position of the active window on the display, modifying a size of the active window, modifying a viewing angle of the content within the active window, or modifying a viewing depth of the content within the active window, such that the modification to the active window adversely impacts the view of the content for the subject ([0043] teaches the modification of the window, where the modifications the depth, and the size so that the modification impacts the view of the content for the user),
wherein the content is distinct from information related to the adjustment and information related to the modification to the active window ([0043] teaches the content is different from information regarding adjustment or the modification to the window),
wherein the modification to the active window comprises indirect guidance to the subject that is configured to induce the subject to perform the adjustment ([0044- 0047] teaches indirect guidance to the user to perform the adjustment ):
for the subject to reestablish the view of the content ([0044- 0047] teaches indirect guidance to the user to perform the adjustment to be position in the optimal position); and
without directly instructing the subject to perform the adjustment ([0044- 0047] teaches indirect guidance to the user to perform the adjustment ); and
outputting the modified active window on the display such that the subject is induced to perform the adjustment ([0044- 0046] teaches indirect guidance to the user to perform the adjustment, and the modification is displayed on the display).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao to add the teaching of Schmidt as disclosed above to improve the user guidance (Schmidt [0016]).
Regarding Claim 2, Cao in view of Schmidt teach the method according to claim 1, Cao further teaches wherein the position of the active window is represented by coordinates and indicates a relative position of the active window to the sensor ([0026], [0050]- [0051] teach the window is represented by x-y coordinates, and the position of the window is relative to the sensors used), and
wherein modifying the position of the active window comprises changing the coordinates of the active window such that the relative position of the active window to the sensor is changed ([0049], [0065] the coordinates of the window is updated based on the new position).
Regarding Claim 3, Cao in view of Schmidt teach the method according to claim 1, Cao further teaches wherein determining the modification to the active window is based on the first biological parameter ([0050] the window is modified based on the biological parameter).
Regarding Claim 8, Cao in view of Schmidt teach the method according to claim 1, Schmidt further teaches acquiring feedback from the subject in response to the modified active window, wherein the feedback is associated with at least one of a movement of a body part of the subject or a third biological parameter of the subject ([0048]- [0049] teaches capturing the users feedback based on the modification of the window as the movement of the user occurs);
determining whether to update the indirect guidance based on the acquired feedback ([0048- 0052] teaches determining the update of the indirect guidance based on the users position); and
additionally modifying the modified active window when the determination is to update of the indirect guidance. ([0048- 0052] teaches updating the indirect guidance based on the users position);
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao to add the teaching of Schmidt as disclosed above to improve the user guidance (Schmidt [0016]).
Regarding Claim 15, Cao in view of Schmidt teach the method according to claim 1, Cao further teaches wherein the reflective surface comprises a mirror ([0017] teaches the reflective mirror),
wherein the reflective surface and the display form at least a portion of a smart mirror for personal care ([0017] the mirror and the display form the smart mirror for personal care).
Regarding Claim 16, Cao in view of Schmidt teach the method according to claim 1, Cao further teaches wherein the display comprises a touchscreen ([0013] teaches the touchscreen display).
Regarding Claim 17, Cao in view of Schmidt teach the method according to claim 1. Schmidt further teaches
wherein the target body configuration comprises ([0008], and [0017] target the target position of the user) at least one of:
a desired orientation of a body part of the subject ([0039] teaches the desired set position including orientation);
a desired position of the body part ([0039] teaches the desired set position of body part);;
a desired movement of the body part ([0039] teaches the desired movement); or
a desired level of a second biological parameter of the subject,
wherein the current body configuration ([0011] teaches current body configuration) comprises at least one of:
a current orientation of the body part;
a current position of the body part ([0011] teaches the current position of the body part), or
a current movement of the body part ([0011] teaches the movement of the body part), or
a current level of the second biological parameter.
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao to add the teaching of Schmidt as disclosed above to improve the user guidance (Schmidt [0016]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng Cao (US 20190146128 A1) (hereinafter Cao) further in view of Eberhard Schmidt (US 20140375554 A1) (hereinafter Schmidt) further in view of Sawyer I. Cohen (hereinafter Cohen) (US 20200104620 A1):
Regarding Claim 4, Cao in view of Schmidt teach the method according to claim 1; however do not explicitly teach determining a sound effect,
wherein the indirect guidance further comprises the sound effect,
wherein the sound effect comprises at least one of modifying a sound source location, modifying a sound intensity, modifying a sound frequency, or modifying a sound duration,
outputting the sound effect via one or more speakers such that the subject is induced to perform the adjustment.
However, in an analogous art, Cohen teaches determining a sound effect ([0226] teaches selecting a sound effect),
wherein the indirect guidance further comprises the sound effect ([0209] teaches generating audio cues),
wherein the sound effect comprises at least one of modifying a sound source location, modifying a sound intensity, modifying a sound frequency, or modifying a sound duration ([0193] teaches modifying the sound location and intensity),
outputting the directional sound effect via one or more speakers such that the subject is induced to perform the adjustment([0193] teaches output the sound cues using speakers).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao and Schmidt to add the teaching of Cohen as disclosed above to improve the audio feedback to the user (Cohen [0222]).
Claims 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng Cao (US 20190146128 A1) (hereinafter Cao) further in view of Eberhard Schmidt (US 20140375554 A1) (hereinafter Schmidt) further in view of Tamer Mohamed Mounir Shahin (US 20170319148 A1) (hereinafter Shahin):
Regarding Claim 7, Cao in view of Schmidt teach the method according to claim 1. Cao further teaches wherein acquiring the current body configuration comprises:
acquiring at least one of an image of a body part of the subject or a sound of an environment of the subject ([0027] teaches capturing an image of the face of the user);
detecting a physical feature of the body part by analyzing at least one of the image or the sound ([0027] teaches capturing an image of the face of the user and determining the facial features of the user).
Cao in view of Schmidt do not explicitly teach the following limitations; however, in an analogous art, Schmidt teaches determining the current body configuration based on the detected physical feature ([0012] teaches determining the body configuration based on the physical features).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao and Schmidt to add the teaching of Shahin as disclosed above to improve the reliability of measurement(Shahin [0007]).
Regarding Claim 9, Cao in view of Schmidt teach the method according to claim 1; however do not explicitly teach wherein the first biological parameter is associated with a physiological state of the subject or a psychological state of the subject.
However, in an analogous art, Shahin teaches wherein the first biological parameter is associated with a physiological state of the subject ([0009], and [0030] teaches biological parameter associated with the phycological state) or a psychological state of the subject ([0035] teaches the biological parameter associated with the psychological state).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao and Schmidt to add the teaching of Shahin as disclosed above to improve the reliability of measurement(Shahin [0007]).
Claims 5- 6, 10, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng Cao (US 20190146128 A1) (hereinafter Cao) further in view of Eberhard Schmidt (US 20140375554 A1) (hereinafter Schmidt) further in view of Ingo Vetter (US 20170236298 A1) (hereinafter Vetter):
Regarding Claim 22, Cao in view of Schmidt teach the method according to claim 1; however do not explicitly teach acquiring a parameter for the sensor to capture the data,
wherein the target body configuration is determined based on the parameter.
However, in an analogous art, Vetter teaches acquiring a parameter for the sensor to capture the data ([0051] teaches obtaining a distance parameter for the senor to capture the data),
wherein the target body configuration is determined based on the parameter ([0014], and [0121] teaches determining the target position based on the distance parameter).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao and Schmidt to add the teaching of Vetter as disclosed above to improve the sensor measurement accuracy (Vetter [0004]).
Regarding Claim 5, Cao in view of Schmidt and Vetter teach the method according to claim 22, Vetter further teaches prior to acquiring the parameter:
acquiring initial data associated with at least one of the subject, a device used by the subject, or an application program used by the subject ([0178] teaches acquiring the first data associated with the user); and
determining whether the acquired initial data is sufficient to analyze the first biological parameter with at least one of a level of accuracy higher than a predetermined threshold or a level of speed higher than a predetermined threshold ([0179] teaches the threshold value range to analyze the biological parameters),
wherein acquiring the parameter is performed upon determining that the acquired initial data is not sufficient ([0179] teaches determining the parameter if the data values are out of range).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao and Schmidt to add the teaching of Vetter as disclosed above to improve the sensor measurement accuracy (Vetter [0004]).
Regarding Claim 6, Cao in view of Schmidt and Vetter teach the method according to claim 5. Cao further teaches wherein the acquired initial data comprises at least one of:
data associated with a preference of the subject ([0055] teaches data associated with the user preference),
data associated with an environment of the subject, usage data of the device, usage data of the application program, a value of a second biological parameter, image data of a body part of the subject associated with the first biological parameter, or sound data generated by at least one of the subject, the environment of the subject, the device used, or the application program. ([0020] teaches data associated with the environment of the user).
Regarding Claim 10, Cao in view of Schmidt and Vetter teach the method according to claim 22,
wherein the sensor comprises a camera ([0023] teaches the sensor as a camera),
wherein the captured data comprises an image of a body part of the subject ([0016] capturing an image of the body part).
Cao does not explicitly teach the following limitations; however, in an analogous art, Vetter teaches wherein the parameter comprises ([0009] teaches image capturing parameters) at least one of:
a sharpness of the image, a level of illumination of the body part, an angle at which the image is captured, or an activity performed by the subject during which the image is captured ([0174] teaches the illumination level; [0009] teaches the angle of the capture image).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao and Schmidt to add the teaching of Vetter as disclosed above to improve the sensor measurement accuracy (Vetter [0004]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng Cao (US 20190146128 A1) (hereinafter Cao) further in view of Eberhard Schmidt (US 20140375554 A1) (hereinafter Schmidt) further in view of Imamura Norihiro (hereinafter Norihiro) (JP 2015029168 A):
Regarding Claim 18, Cao in view of Schmidt teach the method according to claim 1; however do not explicitly teach wherein the first biological parameter is associated with a skin health of the subject or a dental health of the subject.
However, in an analogous art, Norihiro teaches the first biological parameter is associated with a skin health of the subject or a dental health of the subject ([0056] teaches the evaluation of the skin condition).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao and Schmidt to add the teaching of Norihiro as disclosed above to improve the detecting of health conditions to the users skin (Norihiro [0007]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng Cao (US 20190146128 A1) (hereinafter Cao) further in view of Eberhard Schmidt (US 20140375554 A1) (hereinafter Schmidt) in view of Imamura Norihiro (hereinafter Norihiro) (JP 2015029168 A) further in view of Lada Rasochova (hereinafter Rasochova) (US 20210027897 A1):
Regarding Claim 19, Cao in view of Schmidt and Norihiro teach the method according to claim 18,however do not explicitly teach wherein the first biological parameter comprises: a level of oiliness of the skin of the subject, a level of elasticity of the skin of the subject, a level of a parameter relating to acne of the subject, a level of a parameter relating to eczema of the subject, or an extent of plague on teeth of the subject.
However, in an analogous art, Rasochova teaches wherein the first biological parameter comprises: a level of oiliness of the skin of the subject ([0087], [0096], and [0143] teach the level of skin oiliness as a parameter), a level of elasticity of the skin of the subject, a level of a parameter relating to acne of the subject ([0058], and [0140] teach the level of acne of the subject as a parameter), a level of a parameter relating to eczema of the subject ([0144], [0058], and [0140], teach the level of eczema of the subject as a parameter ), or an extent of plague on teeth of the subject.
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the smart mirror disclosed by Cao in view of Schmidt and Norihiro to add the teaching of Rasochova as disclosed above to increase the accuracy of detection of skin conditions. (Rasochova [0086]).
Conclusion
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 MAHMOUD KAMAL ABOUZAHRA whose telephone number is (703)756-1694. The examiner can normally be reached M-F 7:00 AM to 5:00 PM.
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, Jamie Atala can be reached at (571) 272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MAHMOUD KAMAL ABOUZAHRA/Examiner, Art Unit 2486
/TAT C CHIO/Primary Examiner, Art Unit 2486