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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/2/2026 has been entered.
Election/Restrictions
Claims 3-4 and 8-20 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/14/2025. Claims 1-2 and 5-7 have been examined 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.
Claims 1-2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Dedewo et al. (US 2020/0260840) in view of Kumpan-Bahrami et al. (US 2020/0138159).
Regarding claim 1, Dedewo et al. disclose a system for dispensing hair care (see the Abstract, Paragraph 0057) comprising a dispensing device (100, Figs. 1-2); at least one cartridge (204a-n) containing a hair care material (Paragraph 0057) configured to fit inside the dispensing device (Fig. 2); and a dispensing container (114, 1402; Fig. 14) removably attached to the dispensing device (Paragraph 0069) wherein the dispensing container is configured to accept a portioned amount of the hair care material from the at least one cartridge (Paragraph 0069).
Dedewo et al. further disclose a smart device communicatively coupled to the dispensing device (“Computing devices 5140a . . . 5440n may be a desktop computer, laptop computer, tablet computer, or other mobile devices”, “capable of processing program instructions, sending and receiving data, and communicating with one or more devices of system”; Paragraph 0098; Fig. 52). The smart device disclosed by Dedewo et al. would inherently possess the capability to store and execute an application, but Dedewo et al. does not explicitly disclose an application configured to: receive a photo of a user's hair, analyze an overall hair condition of the user's hair based on the photo, assess environmental conditions that exert influence on an overall hair condition, receive one or more user inputs based on a user's hair concern, and dispense the portioned amount of the hair care material based on the overall hair condition, environmental conditions, and user's hair concern.
Kumpan-Bahrami et al. teach a system (200) having a smart device (226; Paragraphs 0120, 0192) communicatively coupled to a dispensing device (see Fig. 2F), wherein the smart device comprises an application (Paragraph 0103) configured to: receive a photo of a user's hair (Paragraph 0106), analyze an overall hair condition of the user's hair based on the photo (Paragraph 0168), assess environmental conditions that exert influence on an overall hair condition (Paragraphs 0078-0080), receive one or more user inputs based on a user's hair concern (Paragraphs 0108-0111), and dispense the portioned amount of the hair care material based on the overall hair condition, environmental conditions, and user's hair concern (Paragraph 0181). Kumpan-Bahrami et al. teach this configuration as part of a system that provides an optimized/personalized hair treatment product (Paragraph 0115).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the smart device of Dedewo et al. with an application having the claimed configuration, as taught by Kumpan-Bahrami et al., in order to provide users with an optimized/personalized hair treatment product.
Regarding claim 2, Dedewo et al. further disclose that the dispensing container has a cap (a cap is placed on the container prior to mixing; Fig. 37A; Paragraph 0080).
Regarding claim 5, Dedewo et al. further disclose that the dispensing container has an opening (material is dispensed into the container through an opening in the top; Fig. 14; claim 6).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Dedewo et al. in view of Kumpan-Bahrami et al., as applied to claim 5 above, and further in view of Burrowes et al. (US 6,302,607).
Dedewo et al.- Kumpan-Bahrami et al. in combination disclose the system of claim 5, but do not disclose a dispensing container with a plurality of openings.
Burrowes et al. teaches a dispensing container (Fig. 9, including body 12 and applicator 114) having a plurality of openings (148, Fig. 11). Burrowes et al. further teaches that the plurality of openings are brush-like openings (Col. 11, lines 32-38; Col. 12, lines 28-36) configured to be brushed through hair while extruding the hair care material (see the Abstract; Col. 1, lines 3-6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the combined invention of Dedewo et al.- Kumpan-Bahrami et al. with the dispensing container having a plurality of brush-like openings taught by Burrowes et al. in order to provide an effective means of applying the hair care material to hair. Dedewo et al. notes that the system may be used with a variety of dispensing containers (bottle, tube, jar, etc.; Paragraph 0054). One having ordinary skill in the art would be capable of utilizing the dispensing container taught by Burrowes et al. in the combined invention with predictable results.
Claims 1-2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Giron et al. (FR 3052032) in view of Kumpan-Bahrami et al. (US 2020/0138159). All references to the written description of FR 3052032 contained herein are made to the attached machine translation into English: FR3052032-MT.
Regarding claim 1, Giron et al. disclose a system for dispensing hair care (Page 1, lines 1-3; Figs. 1-4) comprising a dispensing device (11); at least one cartridge (30) containing a hair care material (Page 15, lines 14-17) configured to fit inside the dispensing device (Fig. 4); and a dispensing container (110, see the embodiment of Figs. 17-21) removably attached to the dispensing device (Page 12, lines 29-32) wherein the dispensing container is configured to accept a portioned amount of the hair care material from the at least one cartridge (Page 15, lines 11-13).
Giron et al. further disclose a smart device communicatively coupled to the dispensing device (Page 17, first paragraph; Fig. 30) comprising an application configured to transfer dispensing instructions to the dispensing device (Page 21, last line - Page 22, first full paragraph), but Giron et al. do not explicitly disclose an application configured to: receive a photo of a user's hair, analyze an overall hair condition of the user's hair based on the photo, assess environmental conditions that exert influence on an overall hair condition, receive one or more user inputs based on a user's hair concern, and dispense the portioned amount of the hair care material based on the overall hair condition, environmental conditions, and user's hair concern.
Kumpan-Bahrami et al. teach a system (200) having a smart device (226; Paragraphs 0120, 0192) communicatively coupled to a dispensing device (see Fig. 2F), wherein the smart device comprises an application (Paragraph 0103) configured to: receive a photo of a user's hair (Paragraph 0106), analyze an overall hair condition of the user's hair based on the photo (Paragraph 0168), assess environmental conditions that exert influence on an overall hair condition (Paragraphs 0078-0080), receive one or more user inputs based on a user's hair concern (Paragraphs 0108-0111), and dispense the portioned amount of the hair care material based on the overall hair condition, environmental conditions, and user's hair concern (Paragraph 0181). Kumpan-Bahrami et al. teach this configuration as part of a system that provides an optimized/personalized hair treatment product (Paragraph 0115).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the smart device of Giron et al. with an application having the claimed configuration, as taught by Kumpan-Bahrami et al., in order to provide users with an optimized/personalized hair treatment product.
Regarding claim 2, Giron et al. further disclose that the dispensing container has a cap (118, Fig. 1; Page 18, lines 4-6).
Regarding claim 5, Giron et al. further disclose that the dispensing container has an opening (open cup region 115; Figs. 17-21; Page 17, lines 29-36).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Giron et al. in view of Kumpan-Bahrami et al., as applied to claim 5 above, and further in view of Burrowes et al. (US 6,302,607).
Giron et al.- Kumpan-Bahrami et al. in combination disclose the system of claim 5, but do not explicitly disclose a dispensing container with a plurality of openings. Giron et al. disclose multiple embodiments of a dispensing container (e.g., see Figs. 14-28), but the embodiment referenced above regarding claim 5 does not have a plurality of openings.
Burrowes et al. teaches a dispensing container (Fig. 9, including body 12 and applicator 114) having a plurality of openings (148, Fig. 11). Burrowes et al. further teaches that the plurality of openings are brush-like openings (Col. 11, lines 32-38; Col. 12, lines 28-36) configured to be brushed through hair while extruding the hair care material (see the Abstract; Col. 1, lines 3-6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the combined invention of Giron et al.- Kumpan-Bahrami et al. with the dispensing container having a plurality of brush-like openings taught by Burrowes et al. in order to provide an effective means of applying the hair care material to hair. One having ordinary skill in the art would have been capable of combining the dispensing container of the combined invention with the dispensing container and applicator taught by Burrowes et al. with predictable results. In such a combination, each element would merely perform the same function as it does separately.
Response to Arguments
Applicant’s arguments dated 4/2/2026 with respect to claim(s) 1-2 and 5-7 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.
Applicant correctly notes that the references relied upon in the previous Office Action dated 1/14/2026 (in particular, the teachings of Katzarov) do not explicitly disclose a smart device having an application configured as claimed in amended claim 1. However, upon further search and consideration necessitated by the amendment, the previously cited Kumpan-Bahrami reference was found to explicitly disclose a smart device having an application with the claimed configuration. Thus, the amended claims are now rejected under 35 U.S.C. 103 using the teachings of Kumpan-Bahrami et al.
As noted in the rejections under 35 U.S.C. 103 above, the newly cited combination of prior art renders obvious the amended claims dated 4/2/2026. The Restriction Requirement dated 5/14/2025 is therefore maintained and Applicant’s request for rejoinder of claims 3-4 and 8-20 is not applicable, as there is no allowable generic claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C PATTERSON whose telephone number is (571)270-5558. The examiner can normally be reached M-F 7:30-4:00 CST.
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/MICHAEL C PATTERSON/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 June 17, 2026
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