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 Status: Claims 1-5 and 7-15 are pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1have 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. New grounds of rejection were necessitated by Applicant’s amendment to the claims.
Response to Amendment
With respect to 35 U.S.C. 101 rejection, Applicant’s amendments have overcome the rejection.
Information Disclosure Statement
The information disclosure statement filed on October 1, 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
The information disclosure statement filed on October 1, 2025 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
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 1-3, 5, 7, 8, 10, 11, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Caruso (US 2006/0253176A1) in view of Altshuler (US 2009/0069741).
Re Claim 1, Caruso discloses a system configured to perform a personal care operation on skin of a subject, the system comprising:
a processing unit (fig. 8, image processor 811); and
a personal care device (fig. 4A) comprising:
a housing (para. [0099], housing 112, fig 4A) having an aperture (para. [0112], sapphire window 417; para. [0166], treatment window 2008) that is arranged in the housing such that the aperture is adjacent to the skin when the personal care device is in contact with the skin and is to be used to perform the personal care operation on the skin (para. [0099], housing 112, fig. 4A, para. [0112], sapphire window 417; para. [0166], treatment window 2008);
an imaging unit disposed in the housing and arranged to obtain images of the skin adjacent to the aperture (fig. 2B, 2C, para. [0102], image capture device 203; fig. 4A, para. [0111], image capture device 414), wherein the personal care device comprises a first light source arranged in the housing and adapted to generate light to pass through the aperture to illuminate the skin (fig. 2B, 2C, para. [0102], an illumination source 208; para. [0109], illumination sources 411), wherein the imaging unit is arranged to obtain images of the skin adjacent to the aperture using the light passing through the aperture and entering into the personal care device (fig. 2B, 2C, para. [0102], image capture device 203; fig. 4A, para. [0111], image capture device 414),
wherein, in a skin contact detection mode of the system, a focal plane of the imaging unit is aligned with the aperture, wherein the processing unit is configured to receive, in the skin contact detection mode, one or more images obtained by the imaging unit in the skin contact detection mode (para. [0106], focal plane of the optical system can be adjusted to image scattered light emanating from a selected target region; para. [0105], spatial resolution to measure average parameters of skin, such as skin pigmentation, skin redness, erythema, and/or skin birefringence; para. [0043], An electro capacitor image capture device can be desirable for skin surface and epidermis imaging; para. [0142], This embodiment can be used for precise imaging and control of skin surface conditions, for example, stratum corneum structure, pore size, sebaceous follicle opening, hair follicle opening, skin texture, wrinkles, psoriasis; para. [0142], [0143] discloses conditions very effective for obtaining high contrast image of skin surface. with reference to FIG. 13B, the total internal reflection mode can be used for visualization of skin surface irregularities, holes in stratum corneum, distribution on the skin surface of sebum, bacteria, water, oil, pores, glands and follicles opening); and
Caruso is silent regarding the processing unit configured to process the one or more images to determine whether the personal care device is in contact with the skin.
However, Altshuler discloses skin phototherapy device (abstract) and teaches a processing unit is configured to receive, in the skin contact detection mode, one or more images obtained by the imaging unit in the skin contact detection mode and to process the one or more images to determine whether the personal care device is in contact with the skin (para. [0176], The system 208 can also include detectors 216 and controllers 218. The detectors 216 can, for instance, detect contact with the skin and/or the speed of movement of the device over the patient's skin and can, for example, image the patient's skin. The controller 218 can be used, for example, to control the pulsing of an EMR source in relation to contact with the skin and/or the speed of movement of the hand piece; para. [0243], [0266], [0268], Circuitry containing a processing algorithm or the like can be in communication with the capacitive image sensor. The sensor can also function as a contact sensor. This allows for real time determination of immediate contact of a hand piece with the patient's skin. The combination of hardware and software allows this determination within one image frame. The algorithm measures in real time a skin contact and navigation parameters (position, velocity and acceleration) along the x-axis and y-axis. This enhances the safety of light treatment on human skin by allowing for the control of the velocity and the quality of skin contact. The quality of contact can be a function of lotion type and pressure applied to the treatment device.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Caruso, by configuring the processing unit to process the one or more images to determine whether the personal care device is in contact with the skin, as taught by Altshuler, for the purpose of real time determination of immediate contact of a hand piece with the patient's skin for the safety of light treatment on human skin (para. [0266], [0268]).
Re Claim 2, Caruso discloses that the imaging unit is configured such that the focal plane of the imaging unit is in a fixed position relative to the aperture (para. [0106], focal plane of the optical system can be adjusted to image scattered light emanating from a selected target region; para. [0105], spatial resolution to measure average parameters of skin, such as skin pigmentation, skin redness, erythema, and/or skin birefringence; para. [0043], An electro capacitor image capture device can be desirable for skin surface and epidermis imaging; para. [0142], This embodiment can be used for precise imaging and control of skin surface conditions, for example, stratum corneum structure, pore size, sebaceous follicle opening, hair follicle opening, skin texture, wrinkles, psoriasis. – focal plane of the optical system can be configured to be in a fixed position relative to the aperture during the imaging).
Re Claim 3, Caruso discloses that the imaging unit is configured such that the focal plane of the imaging unit is variable, and the imaging unit is configured to adjust the focal plane to align with the aperture in the skin contact detection mode of the system (para. [0106], focal plane of the optical system can be adjusted to image scattered light emanating from a selected target region; para. [0105], spatial resolution to measure average parameters of skin, such as skin pigmentation, skin redness, erythema, and/or skin birefringence; para. [0043], An electro capacitor image capture device can be desirable for skin surface and epidermis imaging; para. [0142], This embodiment can be used for precise imaging and control of skin surface conditions, for example, stratum corneum structure, pore size, sebaceous follicle opening, hair follicle opening, skin texture, wrinkles, psoriasis.).
Re Claim 5, Caruso discloses that the aperture comprises an optically transparent aperture covering plate aligned with the aperture (fig. 4A, para. [0112], sapphire window 417; para. [0166], treatment window 2008).
Re Claims 7 and 8, Caruso as modified by Altshuler discloses the claimed invention substantially as set forth in claim 1.
Caruso discloses that the processing unit is configured to analyse the one or more received images to determine values of parameters relating to focusing quality and/or sharpness (para. [0028], [0142], The coupling element 1309, which is disposed over the observation area, is selected to be substantially transparent to radiation emitted by the illumination source 1301, which is optically coupled to the coupling element 1309. By control of refractive index of the guiding element and incident angle of the illumination radiation at the skin contact surface of the guiding element, imaging contrast of a visualized target can be enhanced; para. [0143] discloses conditions very effective for obtaining high contrast image of skin surface. with reference to FIG. 13B, the total internal reflection mode can be used for visualization of skin surface irregularities, holes in stratum corneum, distribution on the skin surface of sebum, bacteria, water, oil, pores, glands and follicles opening).
Caruso does not expressly disclose that the processing unit is configured to determine whether the personal care device is in contact with the skin based on a focusing quality and/or sharpness of the image.
Caruso does not expressly disclose that the processing unit is configured to determine whether the personal care device is in contact with the skin based on the determined values of said parameters.
However, Altshuler discloses skin phototherapy device (abstract) and teaches a processing unit is configured to determine whether the personal care device is in contact with the skin based on a focusing quality and/or sharpness of the image and configured to analyse the one or more received images to determine values of parameters relating to focusing quality and/or sharpness and to determine whether the personal care device is in contact with the skin based on the determined values of said parameters (para. [0176], The system 208 can also include detectors 216 and controllers 218. The detectors 216 can, for instance, detect contact with the skin and/or the speed of movement of the device over the patient's skin and can, for example, image the patient's skin. The controller 218 can be used, for example, to control the pulsing of an EMR source in relation to contact with the skin and/or the speed of movement of the hand piece; para. [0243], [0266], [0268], Circuitry containing a processing algorithm or the like can be in communication with the capacitive image sensor. The sensor can also function as a contact sensor. This allows for real time determination of immediate contact of a hand piece with the patient's skin. The combination of hardware and software allows this determination within one image frame. The algorithm measures in real time a skin contact and navigation parameters (position, velocity and acceleration) along the x-axis and y-axis. This enhances the safety of light treatment on human skin by allowing for the control of the velocity and the quality of skin contact. The quality of contact can be a function of lotion type and pressure applied to the treatment device.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Caruso as modified by Altshuler, by configuring the processing unit to determine whether the personal care device is in contact with the skin based on a focusing quality and/or sharpness of the image and configuring the processing unit to analyse the one or more received images to determine values of parameters relating to focusing quality and/or sharpness and to determine whether the personal care device is in contact with the skin based on the determined values of said parameters, as taught by Altshuler, for the purpose of real time determination of immediate contact of a hand piece with the patient's skin and the safety of light treatment on human skin by allowing for the control of the quality of skin contact (para. [0266], [0268]).
Re Claim 10, Caruso discloses that the personal care device further comprises a second light source for generating treatment light to perform the light-based personal care operation (fig. 3A, para. [0106], a treatment beam 302; para. [0109], [0119], [0120], fig. 4A-4C, a treatment radiation source 413 producing treatment beam)).
Re Claim 11, Caruso discloses that the personal care device is configured such that the personal care operation is performed on the skin through the aperture (para. [0008], provide treatment energy to a subject's skin).
Re Claim 14, Claim 14 is rejected under substantially the same basis as claim 1.
Re Claim 15, Claim 15 is rejected under substantially the same basis as claim 1.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Caruso (US 2006/0253176A1) as modified by Altshuler (US 2009/0069741), and further in view of Nichols (WO 2020/227436 A1).
Re Claim 9, Caruso as modified by Altshuler discloses the claimed invention substantially as set forth in claim 1.
As described in claim 1, Altshuler discloses skin phototherapy device (abstract) and teaches a processing unit is configured to receive, in the skin contact detection mode, one or more images obtained by the imaging unit in the skin contact detection mode and to process the one or more images to determine whether the personal care device is in contact with the skin (para. [0176], The system 208 can also include detectors 216 and controllers 218. The detectors 216 can, for instance, detect contact with the skin and/or the speed of movement of the device over the patient's skin and can, for example, image the patient's skin. The controller 218 can be used, for example, to control the pulsing of an EMR source in relation to contact with the skin and/or the speed of movement of the hand piece; para. [0243], [0266], [0268], Circuitry containing a processing algorithm or the like can be in communication with the capacitive image sensor. The sensor can also function as a contact sensor. This allows for real time determination of immediate contact of a hand piece with the patient's skin. The combination of hardware and software allows this determination within one image frame. The algorithm measures in real time a skin contact and navigation parameters (position, velocity and acceleration) along the x-axis and y-axis. This enhances the safety of light treatment on human skin by allowing for the control of the velocity and the quality of skin contact. The quality of contact can be a function of lotion type and pressure applied to the treatment device.).
Caruso and Altshuler are silent regarding wherein the processing unit is configured to implement a machine learning, ML, model, that receives the one or more images as an input and determines whether the personal care device is in contact with the skin based on a classification of the one or more received images.
However, Nichols discloses personal care device with camera (abstract) and teaches a processing unit configured to implement a machine learning, ML, model that receives one or more images as an input and classifies the one or more received images (para. [0100], The Al-based solutions can be based on images of the user’s skin or hair or other data associated with the user. An operator or administrator of a server 600 or the API described herein may provide one or more machine learning models with labeled training data in order to train the model(s). The one or more machine learning models may implement any of various classification algorithms or regression algorithms known in the art in order to generate output of the model(s). As one example, training images depicting human faces may be labeled with the locations within the image and associated depths of skin wrinkles within the images, which may be provided to a machine learning model in order to train the model to identify skin wrinkles (such as via one or more classification algorithms or model types) and predict a numeric depth of each identified wrinkle (such as via one or more regression algorithms or model types)).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Caruso as modified by Altshuler, by configuring the processing unit to implement a machine learning, ML, model that receives the one or more images as an input and classifies the one or more received images, which is then used to determine whether the personal care device is in contact with the skin, as taught by Nichols, for the purpose of automation of complex and repetitive tasks, leading to greater efficiency and cost reduction.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Caruso (US 2006/0253176A1) as modified by Altshuler (US 2009/0069741) and further in view of Altshuler’206 et al. (US 2007/0038206).
Caruso as modified by Altshuler discloses the claimed invention substantially as set forth in claim 1.
Caruso is silent regarding wherein the system is further configured to perform the personal care operation if the processing unit determines that the personal care device is in contact with the skin, and/or prevent the personal care operation from being performed if the processing unit determines that the personal care device is not in contact with the skin, wherein the system is further configured to regulate power consumption of the personal care device based on whether the processing unit determines that the personal care device is in contact with the skin.
Altshuler’206 discloses phototherapy device (abstract) and teaches a system configured to perform the personal care operation if the processing unit determines that the personal care device is in contact with the skin, and/or prevent the personal care operation from being performed if the processing unit determines that the personal care device is not in contact with the skin, wherein the system is further configured to regulate power consumption of the personal care device based on whether the processing unit determines that the personal care device is in contact with the skin (para. [0083], Contact sensor ring 260 is secured directly behind and adjacent to window housing 250 within the interior housing of photocosmetic device 100. Six contact sensors 360 are located equidistantly around the window 240. Window housing 250 includes six small openings 350 directly adjacent to, and evenly spaced about, opening 330 to accommodate contact sensors 360 of contact sensor ring 260; para. [0089], Contact sensor ring 260 provides contact sensors 360 for detecting contact with tissue (e.g., skin). Contact sensor ring 260 can be used to detect when all of or portions of window 240 are in contact with, or in close proximity to, the tissue to be treated. The contact sensors can be used to ensure that no light is emitted from photocosmetic device 100 (e.g., no LEDs are illuminated) unless all of the sensors detect simultaneous contact with tissue; para. [0126], For example, light source assembly 230 may be illuminated only when all or a portion of window 240 is in contact with the tissue to be treated; para. [0129], Contact sensor ring 260 also provides information that can be used by electronic control system 220 to improve the treatment. Thus, electronic control system 220 is able to control and alter the overall treatment time depending on the treatment conditions and parameters. Electronic control system 220 can also control the overall power delivered to light source assembly 230, thereby controlling the intensity of the light illuminated from light source assembly 230 at any given point in the treatment.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Caruso as modified by Altshuler, by configuring the system to perform the personal care operation if the processing unit determines that the personal care device is in contact with the skin, and/or prevent the personal care operation from being performed if the processing unit determines that the personal care device is not in contact with the skin, wherein the system is further configured to regulate power consumption of the personal care device based on whether the processing unit determines that the personal care device is in contact with the skin, as taught by Altshuler’206, for the purpose of ensuring that no light is emitted from photocosmetic device 100 (e.g., no LEDs are illuminated) unless the device is in contact with tissue (para. [0089]).
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter with respect to 102/103 for claim 4.
The prior art of record does not disclose or fairly suggest either singly or in combination the claimed invention of claim 4, when taken as a whole, comprising, in addition to the other recited claim elements, wherein the processing unit is configured to process only part of a received image corresponding to one or more edges of the aperture.
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 VYNN V HUH whose telephone number is (571)272-4684. The examiner can normally be reached Monday to Friday from 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at (571) 270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
/V.V.H./
Vynn Huh, March 27, 2026Examiner, Art Unit 3792