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
This action is in response to the amendment filed on 9th October, 2025. Claims 1 and 11 have been amended. Claims 2, 6, 12, and 16 have been cancelled. Claims 1, 3-5, 7-11, 13-15, and 17-20 remain rejected in the application.
Response to Arguments
Applicant's arguments with respect to Claims 1 and 11, filed on 9th October, 2025, with respect to the rejection under 35 U.S.C. § 103 regarding that the prior art does not teach "a processor, wherein the processor is configured to: acquire a measurement point which is a position on a skin where measurement is required by a measuring device" and "display a measuring device indicator indicating the position of the measuring device". The proposed amended claim limitations have been fully considered, but are not persuasive.
In response to applicant's argument that the prior art of Xu merely discloses features that resize, rotate, or position a face in an image to be the same as the size and alignment of the neutral face in an image of the neutral face, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). Therefore, applicant’s remark cannot be considered persuasive.
In response to applicant's argument that the prior art does not teach "acquire a measurement point which is a position on a skin where measurement is required by a measuring device" as recited in Claim 1, these limitations are taught by Payonk. In particular, Payonk teaches the following:
Paragraph [0103]: discloses using a probe <read on measuring device> to initiate testing over an area of interest, which is indicated by a focus box 226 <read on measurement point>, on a skin surface as shown in FIG. 5; and
Paragraph [0106]: discloses "in the event that the user elects to select a probe by pressing button 228c, then the procedures necessary to capture and store the probe data 313 <read on required measurement> and display the probe data 315 are initiated".
Therefore, applicant’s remark cannot be considered persuasive.
In response to applicant's argument that the prior art does not teach "display a measuring device indicator indicating the position of the measuring device" as recited in Claim 1, these limitations are taught by Payonk. In particular, Payonk teaches the following
FIG. 5 teaches a probe being displayed on a monitor, where an enlarged window indicates a region of interest that the probe is positioned at, where the live video feed of the probe is being interpreted as the measuring device indicator.
Therefore, applicant’s remark cannot be considered persuasive.
In response to applicant's argument that the prior art does not teach "control the display to display a first number of measurement points if the size of the user's face on the preview image is smaller than a reference size" and "display a second number of measurement points if the size of the user's face on the preview image is larger than the reference size" as recited in Claim 1, these limitations are taught by Xu. In particular Xu teaches the following
Paragraph [0016]: discloses the alignment engine 205 selecting a size or an alignment of the face in the image <read on control display> based on a size or an alignment of a neutral face, where "selecting the size and alignment to be the same may cause corresponding landmarks <read on first and second number of measurement points> between the face and neutral face to be in similar positions in the images"; and
Paragraph [0016]: additionally discloses that "resizing the face in the image may include cropping the image, magnifying <read on size of user's face on preview image being larger than reference size> or shrinking <read on size of user's face on preview image being smaller than reference size> the image, or the like".
Therefore, applicant’s remark cannot be considered persuasive.
Regarding arguments to Claims 3-5, 7-10, 13-15, and 17-20, they directly/indirectly depend on independent Claims 1 and 11 respectively. Applicant does not argue anything other than independent Claims 1 and 11. The limitations in those claims, in conjunction with combination, was previously established as explained.
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, 3-5, 11, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Payonk et al. (US 20060092315 A1, previously cited), hereinafter referenced as Payonk, in view of Xu et al. (US 20220114838 A1, previously cited), hereinafter referenced as Xu.
Regarding Claim 1, Payonk discloses a skin characteristic data visualization device (Payonk, [0105]: teaches a computer of an imaging station 200 <read on skin characteristic data visualization device> that displays the taken images of the user's face by a separate computer system) comprising:
a camera (Payonk, [0107]: teaches a camera video output);
a display configured to display a preview image of the camera (Payonk, FIG. 5 teaches a display of a user's face <read on preview image>, which is taken from the camera; [0106]: teaches the camera taking a picture at the same time a probe test is conducted); and
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a processor (Payonk, FIG. 14 teaches a system computer 652 <read on processor>), wherein the processor is configured to:
acquire a measurement point which is a position on a skin where measurement is required by a measuring device (Payonk, [0103]: teaches using a probe <read on measuring device> to initiate testing over an area of interest, which is indicated by a focus box 226 <read on measurement point>, on a skin surface as shown in FIG. 5; [0106]: teaches "in the event that the user elects to select a probe by pressing button 228c, then the procedures necessary to capture and store the probe data 313 <read on required measurement> and display the probe data 315 are initiated"),
display the measurement point on the preview image by an augmented reality (AR) (Payonk, [0103]: teaches a monitor 270 displaying the subject S interactively positioning the probe over the area of interest, which is indicated by a focus box 226 <read on measurement point>),
recognize a position of the measuring device (Payonk, [0103]: teaches the area of interest being examined by positioning the probe over it and activating the probe to initiate testing; [0106]: teaches the probe test being conducted to correlate between the test result data and the position of the probe <read on recognize position of measuring device>),
display a measuring device indicator indicating the position of the measuring device (Payonk, FIG. 5 teaches a probe being displayed on a monitor, where an enlarged window indicates a region of interest that the probe is positioned at <read on measuring device indicator>; Note: it should be noted that the live video feed of the probe is being interpreted as the measuring device indicator),
change a color of the measurement point when the measuring device is positioned at the measurement point (Payonk, [0110]: teaches updating the pixel set <read on change color of measurement point> associated with focus box 226 when there has been a change to area of interest),
[[adjust a number of measurement points differently according to a size of a user's face on the preview image, and]]
[[control the display to display a first number of measurement points if the size of the user's face on the preview image is smaller than a reference size, and]]
[[display a second number of measurement points if the size of the user's face on the preview image is larger than the reference size.]]
However, Payonk does not expressly disclose
adjust a number of measurement points differently according to a size of a user's face on the preview image, and
control the display to display a first number of measurement points if the size of the user's face on the preview image is smaller than a reference size, and
display a second number of measurement points if the size of the user's face on the preview image is larger than the reference size.
Xu discloses
adjust a number of measurement points differently according to a size of a user's face on the preview image (Xu, [0015]: teaches a landmark engine 210 determining and detecting the locations of facial landmarks <read on adjust number of measurement points> based on the detected face <read on user's face> using machine learning; [0016]: teaches an alignment engine 205 selecting a size or an alignment of the face in the image <read on preview image> based on a size or an alignment of a neutral face), and
control the display to display a first number of measurement points if the size of the user's face on the preview image is smaller than a reference size (Xu, [0016]: teaches the alignment engine 205 selecting a size or an alignment of the face in the image <read on control display> based on a size or an alignment of a neutral face, where "selecting the size and alignment to be the same may cause corresponding landmarks <read on first number of measurement points> between the face and neutral face to be in similar positions in the images"; [0016]: further teaches that "resizing the face in the image may include cropping the image, magnifying or shrinking <read on size of user's face on preview image being smaller than reference size> the image, or the like"), and
display a second number of measurement points if the size of the user's face on the preview image is larger than the reference size (Xu, [0016]: teaches the alignment engine 205 selecting a size or an alignment of the face in the image <read on control display> based on a size or an alignment of a neutral face, where "selecting the size and alignment to be the same may cause corresponding landmarks <read on second number of measurement points> between the face and neutral face to be in similar positions in the images"; [0016]: further teaches that "resizing the face in the image may include cropping the image, magnifying <read on size of user's face on preview image being larger than reference size> or shrinking the image, or the like").
Xu is analogous art with respect to Payonk because they are from the same field of endeavor, namely face image capturing and analysis. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a landmark engine and an alignment engine as taught by Xu into the teaching of Payonk. The suggestion for doing so would allow the system to normalize facial images for more consistent landmark detection, thereby offering more reliable detected points. Therefore, it would have been obvious to combine Xu with Payonk.
Regarding Claim 11, it recites the limitations that are similar in scope to Claim 1, but in a skin characteristic data visualization system. As shown in the rejection, the combination of Payonk and Xu discloses the limitations of Claim 1. Additionally, Payonk discloses a skin characteristic data visualization system (Payonk, [0105]: teaches a computer system <read on skin characteristic data visualization system> that captures images of the user's face, which are then prepared for display and downloaded to the computer of imaging station 200) comprising:
a measuring device (Payonk, [0103]: teaches using a probe <read on measuring device> to initiate testing over an area of interest on a user's face); and
a skin characteristic data visualization device configured to communicate with the measuring device (Payonk, [0105]: teaches a computer of an imaging station 200 <read on skin characteristic data visualization device> that displays the taken images of the user's face by a separate computer system; [0106]: teaches the camera taking a picture at the same time the probe test is conducted to create a correlation <read on communication with measuring device> between the test result data and the position of the probe), wherein…
Thus, Claim 11 is met by Payonk according to the mapping presented in the rejection of Claim 1, given the skin characteristic data visualization device corresponds to a skin characteristic data visualization system.
Regarding Claims 3 and 13, the combination of Payonk and Xu discloses the skin characteristic data visualization device and the skin characteristic data visualization system of Claims 1 and 11 respectively. Additionally, Payonk further discloses wherein
the processor is further configured to display the position of the measuring device on the preview image by the AR (Payonk, FIG. 5 teaches a display of a user's face with a probe's position <read on measuring device position> being displayed).
Regarding Claims 4 and 14, the combination of Payonk and Xu discloses the skin characteristic data visualization device and the skin characteristic data visualization system of Claims 1 and 11 respectively. Additionally, Payonk further discloses wherein
the processor is further configured to activate a window for inputting a measurement value when the measuring device is positioned at the measurement point (Payonk, [0102]: teaches "button 228g being used to select a probe <read on measuring device> for examination for examination/analysis of the skin using a probe", where the user can select a probe from a menu along with a description of each probe's function; [0103]: teaches positioning the probe over an area of interest of the user's face defined by the focus box in a magnified image <read on measuring device positioned at measurement point> to aid the subject to place the probe in the correct position for testing and quantifying <read on measurement value input> skin conditions, where a live video thumbnail of the area of interest in the focus box is displayed <read on activate a window> to the user; [0103]: further teaches probe testing an area of irritation to "ascertain skin conductivity or redness weekly over the course of 4 weeks" through comparing quantified results) and
deactivate the window for inputting the measurement value when the measuring device is not positioned at the measurement point (Payonk, [0106]: teaches synchronizing the probe position with the live video; [0110]: teaches updating the pixel set associated with the focus box, where a "clear" signal <read on deactivate window> can be generated; Note: it should be noted that the focus box is updated when the probe's position is within the area of interest; should the position move out of the area of interest, the pixel set associated with the area of interest will no longer update).
Regarding Claims 5 and 15, the combination of Payonk and Xu discloses the skin characteristic data visualization device and the skin characteristic data visualization system of Claims 1 and 11 respectively. Additionally, Payonk further discloses wherein
the processor is further configured to display past data when there is a past measurement record at the measurement point where the measuring device is positioned (Payonk, [0099]: teaches the user reviewing images taken at different times <read on past data> regarding "the progress of their skin condition over time"; [0101]: teaches the user performing a side-by-side image comparison, where the position of the focus box <read on measurement point> in one image is synchronized with the other image; [0122]: teaches data obtained from skin in vivo on day 1 and 7 <read on past measurement record> as shown in FIGS. 17 and 18).
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Claims 7-9 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Payonk et al. (US 20060092315 A1, previously cited), hereinafter referenced as Payonk, in view of Xu et al. (US 20220114838 A1, previously cited), hereinafter referenced as Xu as applied to Claims 1 and 11 above respectively, and further in view of Son et al. (US 20160125228 A1, previously cited), hereinafter referenced as Son.
Regarding Claims 7 and 17, the combination of Payonk and Xu discloses the skin characteristic data visualization device and the skin characteristic data visualization system of Claims 1 and 11 respectively. The combination of Payonk and Xu does not expressly disclose the limitations of Claims 7 and 17; however, Son discloses wherein
the processor is further configured to display a simulation image representing a change in skin characteristics according to a past measurement date and a past measurement value (Son, FIG. 41 teaches the device displaying predicted changes <read on simulation images> of the user's face over time <read on change in skin characteristics>, which can also include the user's skin properties, such as developed wrinkles; [0363]: teaches an analysis result screen 4100 displaying the history of the analysis results <read on past measurement values> of the user's face in the analysis result region 4120 <read on past measurement date>).
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Son is analogous art with respect to Payonk, in view of Xu because they are from the same field of endeavor, namely image analysis of faces. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement an analysis results screen that can predict changes of the user's face as taught by Son into the teaching of Payonk, in view of Xu. The suggestion for doing so would allow the user to be better informed on how they might look in the future and receive skin treatment recommendations, thereby further aiding the user's progress. Therefore, it would have been obvious to combine Son with Payonk, in view of Xu.
Regarding Claims 8 and 18, the combination of Payonk, Xu, and Son discloses the skin characteristic data visualization device and the skin characteristic data visualization system of Claims 7 and 17 respectively. The combination of Payonk and Xu does not expressly disclose the limitations of Claims 8 and 18; however, Son discloses wherein
the processor is further configured to display monitor information together with the simulation image (Son, FIG. 32 teaches the analysis result region 3220 containing a graph, where both are displayed simultaneously), and
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the monitor information includes external environment information and customer information (Son, [0187]: teaches an application 1934 containing environmental information application <read on external environment information>; [0070]: teaches user identification information 152 <read on customer information> including face information for a specific user).
Son is analogous art with respect to Payonk, in view of Xu because they are from the same field of endeavor, namely image analysis of faces. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement an analysis results screen that can predict changes of the user's face in various environments as taught by Son into the teaching of Payonk, in view of Xu. The suggestion for doing so would allow the user to be better informed on how they might look in the future and receive skin treatment recommendations, thereby further aiding the user's progress. Therefore, it would have been obvious to combine Son with Payonk, in view of Xu.
Regarding Claims 9 and 19, the combination of Payonk, Xu, and Son discloses the skin characteristic data visualization device and the skin characteristic data visualization system of Claims 7 and 17 respectively. The combination of Payonk and Xu does not expressly disclose the limitations of Claims 9 and 19; however, Son discloses wherein
when displaying the simulation image, the processor sets a transition effect between scenes (Son, FIG. 41 teaches image 4100 being shifted in time associated with the user's face information at a specific time; the images at each associated time are being interpreted as scenes; [0364]: teaches an analysis result region 4120 including a graph representing the previously analyzed results as a score of skin conditions; [0366]: teaches the user input 4101 being positioned at different points on the graph and the image region 4110 updating the analyzed image accordingly; this process is being interpreted as a transition effect between scenes).
Son is analogous art with respect to Payonk, in view of Xu because they are from the same field of endeavor, namely image analysis of faces. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a system that predicts a change of the user's face over a given period of time, based on past data as taught by Son into the teaching of Payonk, in view of Xu. The suggestion for doing so would allow the user to see how they might look at a certain point in the future, thereby informing the user of their current progress. Therefore, it would have been obvious to combine Son with Payonk, in view of Xu.
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Payonk et al. (US 20060092315 A1, previously cited), hereinafter referenced as Payonk, in view of Xu et al. (US 20220114838 A1, previously cited), hereinafter referenced as Xu as applied to Claims 1 and 11 above respectively, and further in view of Higashitsutsumi et al. (US 20150235359 A1, previously cited), hereinafter referenced as Higashitsutsumi.
Regarding Claims 10 and 20, the combination of Payonk and Xu discloses the skin characteristic data visualization device and the skin characteristic data visualization system of Claims 1 and 11 respectively. The combination of Payonk and Xu does not expressly disclose the limitations of Claims 10 and 20; however, Higashitsutsumi discloses
a communication unit wirelessly connected to the measuring device (Higashitsutsumi, [0164]: teaches a measuring instrument 21 <read on measuring device> containing a communication unit 21c that "wirelessly communicates with the smartphone 22"), wherein
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the processor receives measurement information corresponding to the measurement point from the measuring device (Higashitsutsumi, [0196]: teaches the measuring instrument 21 <read on measuring device> measuring "a skin image at each of multiple different measurement positions <read on measurement points> while moving in close proximity to the user's skin"; [0197]: teaches measurement region 121 representing "a region measured <read on measurement information> by the measuring instrument 21").
Higashitsutsumi is analogous art with respect to Payonk, in view of Xu because they are from the same field of endeavor, namely skin image analysis of faces. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a wireless measuring instrument that communicates with the main unit as taught by Higashitsutsumi into the teaching of Payonk, in view of Xu. The suggestion for doing so would allow the user to measure their face without physical interference, thereby offering an overall better user experience. Therefore, it would have been obvious to combine Higashitsutsumi with Payonk, in view of Xu.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bourquin et al. (US 20210322098 A1) discloses a handheld device for scanning facial hair via marking points; and
Hayasaka (US 20210082097 A1) discloses generating synthetic faces using scanned facial data.
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 KARL TRUONG whose telephone number is (703)756-5915. The examiner can normally be reached 7:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kent Chang can be reached at (571) 272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.D.T./Examiner, Art Unit 2614
/KENT W CHANG/Supervisory Patent Examiner, Art Unit 2614