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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/15/2025 has been entered.
Response to Arguments
Applicant’s amendments submitted 12/15/2025 have been accepted and entered.
Applicant’s arguments with respect to claims 1 and 14 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 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6-9, 11-12, 14-15, and 18-19 are rejected under pre-AIA 35 U.S.C. 103 as being unpatentable over Amir (US 20180014777 A1) in view of Edgar (US 11090474 B2) in view of Liang (US 20150379369 A1, hereinafter Liang ‘369), further in view of Maclellan (US 20220051409 A1), further in view of Charraud (US 20200098174 A1).
Regarding Claim 1, Amir discloses a system for treating skin (paragraph 2), the system comprising: at least one cartridge containing a skin formula (considered the “at least one removable capsule each comprising at least one cosmetic substance” of paragraph 20), a dispensing device configured to accept the at least one cartridge and comprising an applicator (considered the treatment applicator having a substance container for storing the capsule (paragraph 20)); and a processor communicatively coupled to the dispensing device (paragraph 18), and a removably attached handle (applicator 202 includes a grip element, considered a handle, which is removably attached to applicator elements 216, Fig 2, paragraph 60), wherein the processor is configured to: visualize an image of a user’s skin (see paragraph 59, wherein Amir discloses an imaging sensor of the device may capture still images and/or videos, and wherein data from the sensors may be analyzed to obtain visual skin properties, such as color, shade, pigmentation, wrinkles, moles, or others), detect one or more features on the user’s skin with image processing (see paragraph 18, wherein Amir discloses a processor coupled to a program for acquiring at least one personal characteristic of facial skin from the patient and calculating a current facial status of the patient), determine if the dispensing device meets a proximity threshold to the face and a feature of the face to apply the skin care formula, and when the dispensing device meets the proximity threshold (see paragraph 59, applicator 202 may include one or more sensors 214 may include a sensing surface that senses the skin by contact with the skin, thus the proximity threshold is contact with the skin), apply the skin formula onto the one or more skin conditions to the user’s skin through the applicator on the dispensing device (see step 110 of Fig. 1, “Instruct the skin treatment applicator to deliver the treatment plan using the selected instructions”).
Amir is silent regarding the dispensing device including a light sensor configured to determine if light conditions are suitable for detecting the one or more facial features on skin with an infrared camera, and whether the processor is configured to: when the light conditions are not suitable, alert the user to move to another location, the infrared camera, one or more contact pins located on a same face of the dispensing device as the applicator, imaging the skin with the infrared camera, and wherein the image processing comprises assigning a probability to each pixel of the image as being either a feature, a facial landmark, or normal skin based on a color of each pixel; setting a probability threshold for determining whether or not to apply the skin formula to a designated area based on the image processing; detect a proximity between the dispensing device and a user’s face with a contact pin; and when the designated area exceeds the probability threshold, applying the skin formula onto the one or more features in the designated area of the user’s skin.
However, Edgar teaches a device for application of topical compositions to skin, thus from the same field of endeavor, wherein a light sensor (detector arrangement 120, Fig 1) is configured to determine if light conditions are suitable for detecting the one or more facial features (sensor 122 of detector arrangement 120 may detect skin features for treatment by imaging the area to determine if conditions are suitable for treatment. Fig 1 Col 16, ln 13-35. See Fig 2 steps 204-212, where light conditions are used to determine if an area of the skin contains a skin artifact), the processor is configured to: when the light conditions are not suitable, alert the user to move to another location (step 216, wherein the user is directed to move the device to a new location on the skin for further analysis by processing arrangement 140, Fig 2 Col 17 ln65-Col 18 ln 18) in order to selectively apply a topical composition as guided by imaging of the skin to identify areas for enhancing the aesthetic appearance of the skin (Col 1 ln 17-20).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Amir so that the dispensing device includes a light sensor configured to determine if light conditions are suitable for detecting the one or more facial features, and so that the processor is configured to: when the light conditions are not suitable, alert the user to move to another location, as taught by Edgar in order to selectively apply a topical composition as guided by imaging of the skin to identify areas for enhancing the aesthetic appearance of the skin (as motivated by Edgar Col 1 ln 17-20).
Amir/Edgar is silent regarding an infrared camera, one or more contact pins located on a same face of the dispensing device as the applicator, imaging the skin with the infrared camera, and wherein the image processing comprises assigning a probability to each pixel of the image as being either a feature, a facial landmark, or normal skin based on a color of each pixel; setting a probability threshold for determining whether or not to apply the skin formula to a designated area based on the image processing; detecting a proximity between the dispensing device and a user’s face with a contact pin; and when the designated area exceeds the probability threshold, applying the skin formula onto the one or more features in the designated area of the user’s skin.
However, Liang ‘369 teaches a method wherein infrared imaging is used to perform skin color identification, thus from the same field of endeavor, including an infrared camera (¶[0003]), imaging the skin with the infrared camera (¶[0003]), and wherein the image processing comprises assigning a probability to each pixel of the image as being either a feature, a facial landmark, or normal skin based on a color of each pixel (the system of Liang ‘369 uses a probability distribution to determine whether a pixel imaged by the image processing, based on IR intensity, is a skin pixel. This can be distinguished from non-skin pixels such as clothing or background, and may also identify the presence of hair, which may be considered a feature or facial landmark, such as an eyebrow or facial hair. ¶[0037-0040]) in order to differentiate between skin pixels and non-skin pixels to prioritize skin pixels which are of greater interest (¶[0041-0042]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Amir/Edgar to include an infrared camera, imaging the skin with the infrared camera, and wherein the image processing comprises assigning a probability to each pixel of the image as being either a feature, a facial landmark, or normal skin based on a color of each pixel, as taught by Liang ‘369, in order to differentiate between skin pixels and non-skin pixels to prioritize skin pixels which are of greater interest (as motivated by Liang ‘369 ¶[0041-0042]). In combination, one of ordinary skill would have Edgar’s teachings of a light sensor to detect light conditions with the infrared camera imaging system of Liang ‘369 to determine if light conditions are suitable for detecting the one or more facial feature on skin with an infrared camera.
Amir/Edgar/Liang ‘369 is silent regarding one or more contact pins located on a same face of the dispensing device as the applicator, setting a probability threshold for determining whether or not to apply the skin formula to a designated area based on the image processing; detecting a proximity between the dispensing device and a user’s face with a contact pin; and when the designated area exceeds the probability threshold, applying the skin formula onto the one or more features in the designated area of the user’s skin.
However, Maclellan teaches a skin diagnosis and treatment system, thus from the same field of endeavor as the claimed invention, including setting a probability threshold for determining whether or not to apply the skin formula to a designated area based on the image processing (¶[0170] After capturing the images of the potentially diseased area of skin, the application 320 can transmit the images and the user information in one or more messages to the skin analysis system 120, for example as part of a request for a skin diagnosis. ¶[0175] The treatment plan determiner 394 can provide the data structures that represent the medical information and the diagnosis information as an input layer to a treatment determination model. The treatment determination model can be a neural network that is trained to take, as input, one more data structures that represent a skin diagnosis and user medical information to determine a set of output probabilities corresponding to a respective set of possible treatment plans. After providing the data structures as input to the skin treatment determination model, the treatment plan determiner 392 can propagate (e.g., perform the mathematical computations of each layer, etc.) the input data through the treatment determination model until a set of output probabilities corresponding to a respective set of treatment plans are output at an output layer. ¶[0176] The treatment plan selector 396 can receive a data structure from the treatment plan determiner 394 or the trained treatment determination model that includes a set of output probabilities corresponding to a respective set of treatment plans for a particular skin condition. For example, the treatment plan selector 396 can compare each of the probability values in the data structure to a predetermined probability threshold. If the probability of a particular position or data entry in the data structure is greater than or equal to the threshold, the treatment plan selector 396 can select the treatment plan associated with that position in the data structure as the personalized treatment plan for the skin condition of the user.); and when the designated area exceeds the probability threshold, applying the skin formula onto the one or more features in the designated area of the user’s skin (¶[0176] The treatment plans can include a description of the treatment plan, the course of the treatment plan, the duration of the treatment plan, one or more prescriptions, instructions for applying the prescriptions, instructions to the user to perform one or more actions to treat the skin condition, or any other information about skin disease treatment.) in order to provide the user with a treatment plan having the highest probability of success (¶[0176]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Amir/Edgar/Liang ‘369 to set a probability threshold for determining whether or not to apply the skin formula to a designated area based on the image processing; and when the designated area exceeds the probability threshold, apply the skin formula onto the one or more features in the designated area of the user’s skin, as taught by Maclellan in order to provide the user with a treatment plan having the highest probability of success (as motivated by Maclellan ¶[0176]).
Amir/Edgar/Liang ‘369/Maclellan is silent regarding one or more contact pins located on a same face of the dispensing device as the applicator, and detecting a proximity between the dispensing device and a user’s face with a contact pin.
However, Charraud teaches a sensing cosmetic device including one or more contact pins located on a same face of the dispensing device as the applicator (Fig 8 paragraph [0077] conducted pin quills 813), and detecting a proximity between the dispensing device and a user’s face with a contact pin (Fig 8 [0077][0074] pin quills 813 detect contact with the hair or face of the user) in order to detect contact with the user or to sense if the surface is wet or dry (¶[0070]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Amir/Edgar/Liang ‘369/Maclellan to include one or more contact pins located on a same face of the dispensing device as the applicator and detecting a proximity between the dispensing device and a user’s face with a contact pin, as taught by Charraud in order to in order to detect contact with the user or to sense if the surface is wet or dry (as motivated by Charraud ¶[0070]).
Regarding Claim 6, Amir further discloses wherein the skin formula is a skin treatment (paragraph 2).
Regarding Claim 7, Amir further discloses wherein the skin treatment is an anti-wrinkle treatment (paragraph 84).
Regarding Claim 8, Amir further discloses wherein the skin treatment is an acne treatment (paragraph 84).
Regarding Claim 9, Amir further discloses wherein the skin formula is a cosmetic (considered the post-treatment stage which may include applying cosmetic substance disclosed in paragraph 128; as the post-treatment stage is part of the treatment plan, and the treatment plan can be carried out by the applicator (paragraph 132), this application of cosmetic is considered to be performed by the applicator).
Regarding Claim 11, Amir further discloses wherein the skin formula is both a skin treatment and a cosmetic (see paragraphs 20 and 29 wherein the treatment substance is referred to as both “treatment” and a “cosmetic substance”).
Regarding Claim 12, Amir further discloses wherein the feature is a wrinkle, a fine line, pigmentation, hyper pigmentation, or acne (see paragraph 84, which wherein Amir discloses the features being treated may be wrinkles, pigmentation, acne, or other features).
Regarding Claim 14, Amir discloses a method of applying a skin treatment with the system of claim 1, comprising: visualizing an image of a user’s skin (see paragraph 59, wherein Amir discloses an imaging sensor of the device may capture still images and/or videos, and wherein data from the sensors may be analyzed to obtain visual skin properties, such as color, shade, pigmentation, wrinkles, moles, or others and paragraph 18, wherein Amir discloses a processor); detecting one or more features on the user’s skin with the image processing (see paragraph 18, wherein Amir discloses a processor coupled to a program for acquiring at least one personal characteristic of facial skin from the patient and calculating a current facial status of the patient); determining if the dispensing device meets a proximity threshold to the face and a feature of the face to apply the skin care formula, and when the dispensing device meets the proximity threshold (see paragraph 59, applicator 202 may include one or more sensors 214 may include a sensing surface that senses the skin by contact with the skin, thus the proximity threshold is contact with the skin), applying the skin formula onto the one or more features on the user’s skin through the applicator on the dispensing device (see step 110 of Fig. 1, “Instruct the skin treatment applicator to deliver the treatment plan using the selected instructions” and paragraph 18, which discloses the applicator comprises at least one applicator element for applying a treatment).
Amir is silent regarding determining if light conditions are suitable for detecting the one or more features, and when the light conditions are not suitable, alerting the user to move to another location, and wherein the image processing comprises assigning a probability to each pixel of the image as being either a feature, a facial landmark, or normal skin based on a color of each pixel, and setting a probability threshold for determining whether or not to apply the skin formula to a designated area based on the image processing; detecting a proximity between the dispensing device and a face with the contact pin; and when the designated area exceeds the probability threshold, applying the skin formula onto the one or more features in the designated area of the user’s skin.
However, Edgar teaches a method for application of topical compositions to skin, thus from the same field of endeavor, including determining if light conditions are suitable for detecting the one or more features (sensor 122 of detector arrangement 120 may detect skin features for treatment by imaging the area to determine if conditions are suitable for treatment. Fig 1 Col 16, ln 13-35. See Fig 2 steps 204-212, where light conditions are used to determine if an area of the skin contains a skin artifact), and when the light conditions are not suitable, alerting the user to move to another location (step 216, wherein the user is directed to move the device to a new location on the skin for further analysis by processing arrangement 140, Fig 2 Col 17 ln65-Col 18 ln 18) in order to selectively apply a topical composition as guided by imaging of the skin to identify areas for enhancing the aesthetic appearance of the skin (Col 1 ln 17-20).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Amir to include determining if light conditions are suitable for detecting the one or more features, and when the light conditions are not suitable, alert the user to move to another location, as taught by Edgar in order to selectively apply a topical composition as guided by imaging of the skin to identify areas for enhancing the aesthetic appearance of the skin (as motivated by Edgar Col 1 ln 17-20).
Amir/Edgar is silent whether the image processing comprises assigning a probability to each pixel of the image as being either a feature, a facial landmark, or normal skin based on a color of each pixel, and setting a probability threshold for determining whether or not to apply the skin formula to a designated area based on the image processing; detecting a proximity between the dispensing device and a face with the contact pin; and when the designated area exceeds the probability threshold, applying the skin formula onto the one or more features in the designated area of the user’s skin.
However, Liang ‘369 teaches a method wherein infrared imaging is used to perform skin color identification, thus from the same field of endeavor, wherein the image processing comprises assigning a probability to each pixel of the image as being either a feature, a facial landmark, or normal skin based on a color of each pixel (the system of Liang ‘369 uses a probability distribution to determine whether a pixel imaged by the image processing, based on IR intensity, is a skin pixel. This can be distinguished from non-skin pixels such as clothing or background, and may also identify the presence of hair, which may be considered a feature or facial landmark, such as an eyebrow or facial hair. ¶[0037-0040]) in order to differentiate between skin pixels and non-skin pixels to prioritize skin pixels which are of greater interest (¶[0041-0042]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Amir/Edgar to include an infrared camera, imaging the skin with the infrared camera, and wherein the image processing comprises assigning a probability to each pixel of the image as being either a feature, a facial landmark, or normal skin based on a color of each pixel, as taught by Liang ‘369, in order to differentiate between skin pixels and non-skin pixels to prioritize skin pixels which are of greater interest (as motivated by Liang ‘369 ¶[0041-0042]).
Amir/Edgar/Liang ‘369 is silent regarding setting a probability threshold for determining whether or not to apply the skin formula to a designated area based on the image processing; detecting a proximity between the dispensing device and a face with the contact pin; and when the designated area exceeds the probability threshold, applying the skin formula onto the one or more features in the designated area of the user’s skin.
However, Maclellan teaches a skin diagnosis and treatment system, thus from the same field of endeavor as the claimed invention, including setting a probability threshold for determining whether or not to apply the skin formula to a designated area based on the image processing (¶[0170] After capturing the images of the potentially diseased area of skin, the application 320 can transmit the images and the user information in one or more messages to the skin analysis system 120, for example as part of a request for a skin diagnosis. ¶[0175] The treatment plan determiner 394 can provide the data structures that represent the medical information and the diagnosis information as an input layer to a treatment determination model. The treatment determination model can be a neural network that is trained to take, as input, one more data structures that represent a skin diagnosis and user medical information to determine a set of output probabilities corresponding to a respective set of possible treatment plans. After providing the data structures as input to the skin treatment determination model, the treatment plan determiner 392 can propagate (e.g., perform the mathematical computations of each layer, etc.) the input data through the treatment determination model until a set of output probabilities corresponding to a respective set of treatment plans are output at an output layer. ¶[0176] The treatment plan selector 396 can receive a data structure from the treatment plan determiner 394 or the trained treatment determination model that includes a set of output probabilities corresponding to a respective set of treatment plans for a particular skin condition. For example, the treatment plan selector 396 can compare each of the probability values in the data structure to a predetermined probability threshold. If the probability of a particular position or data entry in the data structure is greater than or equal to the threshold, the treatment plan selector 396 can select the treatment plan associated with that position in the data structure as the personalized treatment plan for the skin condition of the user.); and when the designated area exceeds the probability threshold, applying the skin formula onto the one or more features in the designated area of the user’s skin (¶[0176] The treatment plans can include a description of the treatment plan, the course of the treatment plan, the duration of the treatment plan, one or more prescriptions, instructions for applying the prescriptions, instructions to the user to perform one or more actions to treat the skin condition, or any other information about skin disease treatment.) in order to provide the user with a treatment plan having the highest probability of success (¶[0176]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Amir/Edgar/Liang ‘369 to set a probability threshold for determining whether or not to apply the skin formula to a designated area based on the image processing; and when the designated area exceeds the probability threshold, apply the skin formula onto the one or more features in the designated area of the user’s skin, as taught by Maclellan in order to provide the user with a treatment plan having the highest probability of success (as motivated by Maclellan ¶[0176]).
Amir/Edgar/Liang ‘369 is silent regarding detecting a proximity between the dispensing device and a face with the contact pin.
However, Charraud teaches a sensing cosmetic device including detecting a proximity between the dispensing device and a user’s face with a contact pin (Fig 8 [0077][0074] pin quills 813 detect contact with the hair or face of the user) in order to detect contact with the user or to sense if the surface is wet or dry (¶[0070]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Amir/Edgar/Liang ‘369/Maclellan to include detecting a proximity between the dispensing device and a user’s face with a contact pin, as taught by Charraud in order to in order to detect contact with the user or to sense if the surface is wet or dry (as motivated by Charraud ¶[0070]).
Regarding Claim 15, Amir further discloses wherein the system further comprises a communication device configured to visualize the user’s skin on a user interface (considered the user interface 220 of Fig. 5, which may present a display with marked facial segments to a user (paragraph 95)).
Regarding Claim 18, Amir further discloses wherein the method further comprises actuating a user input to apply the skin formula (see paragraph 71, wherein Amir discloses a user may input data using a keyboard, a touch-pad, a touch-screen, button(s), dial(s), and/or a microphone and/or a speaker).
Regarding Claim 19, Amir further discloses wherein the feature is a wrinkle, a fine line, pigmentation, hyper pigmentation, or acne (see paragraph 84, which wherein Amir discloses the features being treated may be wrinkles, pigmentation, acne, or other features).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Amir (US 20180014777 A1) in view of Edgar (US 11090474 B2), in view of Liang (US 20150379369 A1), in view of Maclellan (US 20220051409 A1), in view of Charraud (US 20200098174 A1), further in view of Chiasson (US 20160058156 A1).
Regarding Claim 4, Amir/Edgar/Liang ‘369/Maclellan/Charraud does not disclose wherein the applicator is a piezoelectric pump.
However, Chiasson teaches a consumer product application device (abstract), thus from the same field of endeavor, wherein the applicator is a piezoelectric pump (paragraph 38) to provide a vibrating force to a consumer product causing the consumer product to change states (e.g., to a gas) and/or to form a mist, and to be moved from a reservoir to an applicator element (paragraph 39) and to provide a specified amount of force predetermined to deliver a specified amount of a consumer product (paragraph 44).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Amir/Edgar to include the piezoelectric pump of Chiasson to provide a vibrating force to a consumer product causing the consumer product to change states (e.g., to a gas) and/or to form a mist, and to be moved from a reservoir to an applicator element (as motivated by Chiasson paragraph 39) and to provide a specified amount of force predetermined to deliver a specified amount of a consumer product (as motivated by Chiasson paragraph 44).
Regarding Claim 5, Amir/Edgar/Liang ‘369/Maclellan/Charraud does not disclose wherein the applicator is a mechanical pump
However, Chiasson teaches a consumer product application device (abstract), thus from the same field of endeavor, wherein the applicator is a mechanical pump (paragraph 38) to push a consumer product out of a reservoir to an applicator element (paragraph 39) and to provide a specified amount of force predetermined to deliver a specified amount of a consumer product (paragraph 44).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Amir/Edgar/Liang ‘369 to include the mechanical pump of Chiasson to push a consumer product out of a reservoir to an applicator element (as motivated by Chiasson paragraph 39) and to provide a specified amount of force predetermined to deliver a specified amount of a consumer product (as motivated by Chiasson paragraph 44).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Amir (US 20180014777 A1) in view of Edgar (US 11090474 B2), in view of Liang (US 20150379369 A1), in view of Maclellan (US 20220051409 A1), in view of Charraud (US 20200098174 A1), further in view of Liang (US 20060098076 A1, Hereinafter Liang ‘076).
Regarding Claim 10, Amir/Edgar/Liang ‘369/Maclellan/Charraud does not disclose wherein the cosmetic is a concealer, an eyeliner, a brow tint, or a brow gel, but does disclose wherein the cosmetic substance may be a cream or lotion, which, although not explicitly a concealer, is very similar.
However, Liang ‘076 teaches an eye brow and face make up printer (abstract), thus from the same field of endeavor, wherein an applied cosmetic is a brow tint (considered the ink used for printing a realistic eyebrow, which as disclosed may be pigmented, dye based, or water based (paragraphs 1 and 8) so as to allow the user to apply an eyebrow makeup quickly while minimizing human error (paragraphs 1 and 8).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the cosmetic of Amir/Edgar/Liang ‘369/Maclellan/Charraud to include an eyebrow tint as in Liang ‘076 so as to allow the user to apply an eyebrow makeup quickly while minimizing human error (as motivated by Liang ‘076 paragraphs 1 and 8).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Amir (US 20180014777 A1) in view of Edgar (US 11090474 B2), in view of Liang (US 20150379369 A1), in view of Maclellan (US 20220051409 A1), in view of Charraud (US 20200098174 A1), further in view of Hyde (US 20150057623 A1).
Regarding Claim 17, Amir/Edgar/Liang ‘369/Maclellan/Charraud teaches the method of claim 14. Amir/Edgar/Liang ‘369/Maclellan/Charraud is silent regarding issuing an alert to the user that the skin formula will be applied.
However, Hyde teaches methods and devices for delivering treatment to a skin surface based on a treatment map (abstract), thus from the same field of endeavor, including issuing an alert to the user that the skin formula will be applied (considered notifying the user of a future treatment location in paragraph 185) to have the user hold the current position of the device to allow imaging and application of treatment agents (paragraph 245).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Amir/Edgar/Liang ’369/Maclellan/Charraud to include issuing an alert to the user that the skin formula will be applied as taught by Hyde to have the user hold the current position of the device to allow imaging and application of treatment agents (as motivated by Hyde paragraph 245).
Claims 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Amir (US 20180014777 A1) in view of Edgar (US 11090474 B2), in view of Liang (US 20150379369 A1), in view of Maclellan (US 20220051409 A1), further in view of Charraud (US 20200098174 A1), further in view of Samain (US 20120017929 A1).
Regarding Claim 13, Amir/Edgar/Liang ‘369/Maclellan/Charraud does not teach wherein the feature is an upper lash line, a lower lash line, a waterline, or an eyebrow.
Samain teaches a method of applying makeup to the face (abstract) using captured images for product placement (paragraph 228), thus from the same field of endeavor, wherein the feature is an upper lash line, a lower lash line, a waterline, or an eyebrow (see paragraph 703 wherein Samain teaches using a captured image to detect the eyebrows) so as to adapt makeup application to the morphology of the user’s face (paragraph 41) and because applying makeup to the eyebrows and the eyelashes is known in the art (paragraph 117).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Amir/Edgar/Liang ‘369/Maclellan to include detecting an upper lash line, a lower lash line, a waterline, or an eyebrow as in Samain (which teaches detecting an eyebrow) so as to adapt makeup application to the morphology of the user’s face (as motivated by Samain paragraph 41) and because applying makeup to the eyebrows and the eyelashes is known in the art (as motivated by Samain paragraph 117).
Regarding Claim 20, Amir/Edgar/Liang ‘369/Maclellan/Charraud does not teach wherein the feature is an upper lash line, a lower lash line, a waterline, or an eyebrow.
Samain teaches a method of applying makeup to the face (abstract) using captured images for product placement (paragraph 228), thus from the same field of endeavor, wherein the feature is an upper lash line, a lower lash line, a waterline, or an eyebrow (see paragraph 703 wherein Samain teaches using a captured image to detect the eyebrows) so as to adapt makeup application to the morphology of the user’s face (paragraph 41) and because applying makeup to the eyebrows and the eyelashes is known in the art (paragraph 117).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Amir/Edgar/Liang ‘369/Maclellan/Charraud to include detecting an upper lash line, a lower lash line, a waterline, or an eyebrow as in Samain (which teaches detecting an eyebrow) so as to adapt makeup application to the morphology of the user’s face (as motivated by Samain paragraph 41) and because applying makeup to the eyebrows and the eyelashes is known in the art (as motivated by Samain paragraph 117).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Meschkat et al. US 20200196734 A1 teaches an apparatus for applying a skin treatment having an image capture device, a processor, an applicator, and a cartridge.
Samain US 20110155161 A1 teaches a method of treating human keratinous material having a detection system with a contact sensor and one or more sensors that are responsive to white light.
Binner et al. US 20210046296 A1 teaches a device for applying a composition to skin of a face comprising a processing arrangement configured to receive image data from a detector and analyze whether the applicator is positioned properly to dispense a composition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY LEE FLYNN whose telephone number is (571)272-8255. The examiner can normally be reached Monday-Friday 7:30-5 ET.
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, Rebecca Eisenberg can be reached on 571-270-5879. 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.
/TIMOTHY L FLYNN/Examiner, Art Unit 3781
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781