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 .
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Claims 3-4 and 8-20 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim.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 Objections
Claim 1 is objected to because of the following informalities: the claim recites “analyze on overall hair condition of the user’s hair based on the photo” in line 11, which is difficult to understand and appears to be a typographical or grammatical error. Appropriate correction is required.
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 Katzarov (US 2020/0221854).
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 on overall hair condition of the user's hair based on the photo, and dispense the portioned amount of the hair care material based on the overall hair condition.
Katzarov teaches a system having a smart device (Paragraph 0051) communicatively coupled to a dispensing device (Paragraph 0063), wherein the smart device comprises an application configured to: receive a photo of a user's hair (Paragraph 0047), analyze on overall hair condition of the user's hair based on the photo (Paragraph 0048), and dispense the portioned amount of the hair care material based on the overall hair condition (Paragraph 0063). Katzarov teaches this configuration as part of a system that “may provide the user with a personalized or user-specific cosmetic hair treatment product” (Paragraph 0063).
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 Katzarov, in order to provide users with a 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 Katzarov, as applied to claim 5 above, and further in view of Burrowes et al. (US 6,302,607).
Dedewo et al.-Katzarov 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.-Katzarov 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 Katzarov (US 2020/0221854). 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 on overall hair condition of the user's hair based on the photo, and dispense the portioned amount of the hair care material based on the overall hair condition.
Katzarov teaches a system having a smart device (Paragraph 0051) communicatively coupled to a dispensing device (Paragraph 0063), wherein the smart device comprises an application configured to: receive a photo of a user's hair (Paragraph 0047), analyze on overall hair condition of the user's hair based on the photo (Paragraph 0048), and dispense the portioned amount of the hair care material based on the overall hair condition (Paragraph 0063). Katzarov teaches this configuration as part of a system that “may provide the user with a personalized or user-specific cosmetic hair treatment product” (Paragraph 0063).
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 Katzarov, in order to provide users with a 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 Katzarov, as applied to claim 5 above, and further in view of Burrowes et al. (US 6,302,607).
Giron et al.-Katzarov 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.-Katzarov 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 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.
As noted in the rejections under 35 U.S.C. 103 above, the newly cited prior art, in combination with the previously cited references, renders obvious the amended claims dated 10/27/2025. 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 for additional examples of devices and/or methods including dispensing of a hair care product based on analysis of a user’s hair.
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 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
/FREDERICK C NICOLAS/Primary Examiner, Art Unit 3754