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 .
Status of Claims
This office action is in response to the arguments filed 8/17/2026. Since the initial filing, claims 1 and 7 have been amended, claims 12-15 have been added, no claims have been canceled. Thus claims 1-15 are pending in the application.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 7-9, 11-12, 14, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pathak (US 20180311062 A1).
Regarding claim 1, Pathak discloses a motion stabilization device (handheld tool 100) stabilization of a cosmetic applicator comprising:
a motion stabilizer handle (handle 106, FIG 1A) configured to receive an adapter (actuator assembly 107, FIG 1A-C) that holds a cosmetic applicator for a cosmetic application (user-assistive implement 102, FIG 1A); and
processing circuitry (controller 405 of control module 120, FIGs 1 and 4) configured to:
detect a transition from a set up phase to an application phase of the cosmetic application process, and
hold the cosmetic applicator in a set position when the transition is detected (As described by Pathak in [0030], the device utilizes a multitude of sensors that control a motion stabilizing device. This device utilizes those sensors to detect transition phases or application vs preparation phases of the device. The design is set so that the device can hold a variety of products including makeup applicators and then go from one phase to the next, allowing the device to better steady the user hand when they are trying to complete a task, FIG 2A-C and FIG 5).
Regarding claim 2, Pathak discloses the device of claim 1, wherein the processing circuitry is configured to detect the transition based on a predetermined change in movement patterns of the cosmetic applicator (The device described by Pathak in [0030], can be utilized in a variety of ways. The device is made to go from a set up phase (where a utensil or make up applicator is placed into the device) and then go to application phase (phase where the device is being utilized in its intended manor by the user), the phases are there to allow for the user to better place the object into the device before the motion stabilization begins. Pathak describes that the transition from one phase to another can be done by various means, one mean in particular is through the use of predetermined position changes or movement patterns done by the user, such as changes in the implement's orientation. Processes are further detailed in FIG 5 as a set by step process of how the device goes through these transitions).
Regarding claim 3, Pathak discloses the device of claim 1, further comprising a force sensor (sensor 114 configured to be a force sensor), wherein the processing circuitry is configured to detect the transition based on a detected threshold amount of force placed upon the cosmetic applicator (Another embodiment of Pathak's is the device transition from phases is through body motion. The device detailed is made to go from its set up phase to its application phase based off of the force that is applied to the adaptor on the device and forced into a specific position. This iteration replaces the sensors 114 and its corresponding circuitry interface 145 with a force sensor for measuring the force applied by the user and then taking that information through the processing circuitry and activating the device to go into the next phase. ([0028] "In one embodiment, each of the sensors 116 and 114 are inertial measuring units (IMUs) capable of providing measurements of orientations, angular rate of movement, force, etc. of the bodies in which they are placed").
Regarding claim 7, Pathak discloses the device of claim 1, further comprising a microphone (sensor 114 configured to be a microphone, FIG 4), and the processing circuitry is configured to detect the transition based on an audible input from the user indicating that the application phase has started. (As iterated by Pathak, interface 425 can be comprised of different sensors, in one embodiment, the sensor comprises a microphone in order to activate the processing circuitry to go into application phase from set up phase. ([0034] "In one embodiment, control module 120 also) provides an integrated user interface 425 to received direct user commands. User interface 425 may include one or more of a microphone for voice commands").
Regarding claim 8, Pathak discloses the device of claim 1; further comprising a switch (sensor 114 configured into a switch), and the processing circuitry (controller 405 of control module 120) is configured to detect the transition based on an activation of the switch by the user indicating that the application phase has started. (Pathak details in one embodiment that the phase transition can be initiated through sensor 114 being a button (a commonly known on-off switch) and then to the interface 425 to complete the action. This would then active the interval switch of the processing circuitry, causing the device to then transition to the appropriate phase. As a switch is a button and a button is a switch for, they both use the same circuitry to go from off to on in regard to devices. [0034] "User interface 425 may include one or more of a microphone for voice commands or a tactile interface (e.g., buttons, touch sensitive screen, pressure sensors to measure squeeze commands, etc.) for touch commands.")
Regarding claim 9, Pathak discloses the device of claim 1, wherein the processing circuitry is configured to detect the transition based on detecting that the motion stabilization device is held in a singular position for a threshold amount of time (Pathak details another device embodiment where instead of a switch of set of force sensors, the device will automatically go from one phase to another after a set period of time. This allows the user to place an applicator into the device and then wait until the device reconfigures itself into the next phase and then begin using the device. Further detailed in Pathak's claim 10 language, "the current orientation of the user-assistive implement is adjusted to the next orientation after a fixed period of time").
Regarding claim 11, Pathak discloses a method, implemented by processing circuitry (controller 405 of control module 120) of a motion stabilization device (handheld tool 100) for stabilization of a cosmetic applicator, the motion stabilization device including a motion stabilizer handle configured to receive an adapter (actuator assembly 107) that holds a cosmetic applicator for a cosmetic application, the method comprising:
detecting a transition from a set up phase to an application phase of the cosmetic application process (Behavior Routines - FIG 5 and FIG 6), and
holding the cosmetic application in a set position when the transition is detected (FIG 5 and FIG 6 depict a set of behavior routines that the device goes through when being used. As the images show, the device accepts an implement in its initial set up phase and then through a multitude of ways described in the application (timer, force sensor, positioning, etc.); goes into the application phase so the device may be used in its intended manor and allowing the device to begin counteracting the user's disability. Further discussed in Pathak's claim 16- "A method for assisting a user of a handheld tool, the method comprising: identifying a type of user-assistive implement attached to an implement mount disposed at an end of a handle of the handheld tool; selecting a behavior routine based upon the type of the user-assistive implement identified; and manipulating the user-assistive implement relative to the handle with an actuator assembly mounted to the handle according to a behavior routine to aid the user while the user performs a task with the handheld tool"; which further coincides with the method being claimed in the current application).
Regarding claim 12, Pathak discloses the device of claim 1, wherein the set up phase comprises one or more of movement of the motion stabilization device from a base unit, insertion of the cosmetic applicator onto the motion stabilization device ([0025-0026] details that the user assistive implements 102 may consist of a variety of implementations these many implementations must be placed within the implement mount 140; therefore the set up phase can be seen as including the movements of the user placing the any of the many implementations into the mount 104), or orientation of the motion stabilization device to an initial position.
(Examiner's note: as the limitation is described as "one or more of movement of the motion stabilization device from a base unit, insertion of the cosmetic applicator onto the motion stabilization device, or orientation of the motion stabilization device to an initial position" only one of the three mentioned movements need to be shown in the prior art for the claim to be fully rejected).
Regarding claim 14, Pathak discloses a motion stabilization device (handheld tool 100) for stabilization of a cosmetic applicator comprising:
a motion stabilizer handle (handle 106, FIG 1A) configured to receive an adapter (actuator assembly 107, FIG 1A-C) that holds a cosmetic applicator for a cosmetic application; and
processing circuitry (controller 104 of control module 120, FIGS 1 and 4) configured to;
detect a transition from a set up phase to an application phase of the cosmetic application process based on a predetermined change in movement patterns of the cosmetic applicator (As orientation and position placement can be defined as a type of movement, [007] discloses that based on the orientation and the relative positioning of the hand held tool the actuator assembly 107 will then determine the specific behavior the device will then implement), and
hold the cosmetic application in a set position when the transition is detected ([0041] states that the controller determines the handle threshold position (i.e. the transition) and when the threshold is reached, the controller then locks the device into position).
Regarding claim 15, Pathak discloses the device of claim 14, wherein detection of the transition from the set up phase to the application phase of the cosmetic application process is further based on a received input, and wherein the received input comprises one or more of an audio signal ([0034] discloses that the device can be controlled through control module 120 with an integrated interface 425 which can be a microphone set to receive verbal commands from the user in order for the device to change positions according to the users preference), detection of the motion stabilization device within a selected distance of a user, actuation of a switch ([0034] discloses that the device can be controlled through control module 120 with an integrated interface 425 which can be a tactical interface (i.e. a button; button being another form of switch), or detection of a lapsing timer.
(Examiner's note: as the limitation is described as "comprises one or more of an audio signal, detection of the motion stabilization device within a selected distance of a user, actuation of a switch, or detection of a lapsing timer" only one of the five mentioned inputs need to be shown in the prior art for the claim to be fully rejected).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Pathak as applied to the claims above, and further in view of Shashou et al. (US 2021/0120935 A1).
Regarding claim 4, Pathak discloses the device of claim 1.
Pathak does not disclose the use of torque sensors for detecting a transition from one phase to another.
Shashou teaches a torque sensor, wherein the processing circuitry is configured to detect the transition based on a detected threshold amount of torque placed upon the cosmetic applicator. Shashou's torque sensor is utilized as a means of determining hand position and transitioning from one hand to another. The sensor works in the same manner as the applicants in that the torque sensor is made to go from one phase to another, in Shashou the phase is from painting the nails of one hand to painting the next. As iterated in Shashou [1243], the torque sensor analyzes hand position for correct utilization of the device.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Pathak
as applied to the claim above, and further in view of Kim et al (US 20230042047 A1).
Regarding claim 5, Pathak discloses the device of claim 1.
Pathak does not disclose the use of a hall sensor for detecting a transition from one phase to another by recognition of cosmetic applicator placement in adaptor.
Kim teaches the use of a hall sensor, and the processing circuitry is configured to detect the transition based on the hall sensor detecting that an applicator has been inserted into the adapter. Kim's use is through a skin care device with a detachable head for clean and smooth skin. FIG 5, [0092] "For example, the cap mounting detection sensor 34 may be implemented with a hall sensor. In this case, a magnet 403 may be provided to the cap 4." Additionally, Kim describes how the hall sensor is then used as the means of attaching and detaching the head for changeability. As the device is made to have interchangeable heads, the use of a hall sensor allows a magnetically secure attachment to the device head while also being able to keep the device clean and waterproof, as the hall sensor has no issues with getting wet due to its magnetic pull.
Therefore, it would have been prima facie obvious to one of ordinary skill in
the art before the effective filling sate of the claimed invention to have modified Pathak to incorporate the hall sensor utilized in Kim as an attachment recognizing sensor and to then implement the other sensors for phase transition. As one of the stated purposes of the applicant is to provide a device that has an easy changeability of the adaptor a hall sensor would be the most obvious combination of use between not only different makeup materials but also utilizing different adaptors to be able to fit different makeup tools. Makeup and cosmetic applications all have various sizes and shapes; for example, a nail polish brush and a nail file; for the device to be able to hold all types of cosmetics the adaptor would need to be able to change easily and with little trouble to the user. Using a hall sensor; a common sensor being utilized in the current marked for its strong attachment but easy disconnect; would allow the device to use a multitude of cometic objects and their corresponding adaptors with ease. Make-up also tends to get wet or covered in cosmetic oils; by using a magnetic attachment system for the adaptor, this not only allows the device to be easily cleaned but it also gives the device durability in its utilization.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Pathak, and further in view of Lee et al. (11534263).
Regarding claim 6, Pathak discloses the device of claim 1.
Pathak fails to disclose an iteration of the device that uses a camera/or proximity sensor in order to active the device between phases.
Lee teaches an embedded camera and/or proximity sensor, and the
processing circuitry configured to detect the transition based on the camera and/or proximity sensor detecting that the applicator has moved towards a target area. [0038] "position sensor 216 includes one or accelerometers, touch sensors (e.g., capacitive touch sensors), proximity sensors (e.g., optical proximity sensors), and the like. Lee utilizes these proximity sensors as a way to increase the efficiency of his device; targeting specific areas and allowing the user to orient the device so that it is playing the hair formula in the correct position.
Therefore, it would have been prima facie obvious to one of ordinary skill in
the art before the effective filling sate of the claimed invention to have modified Pathak's sensor 114 to be configured to the sensor used in Lee to incorporate a camera/proximity sensor for the purpose of improving the accuracy and efficiency of the applicator to the user's preferred location.
Claim 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Pathak in view Tekalur et al. (US 20230112139 A1).
Regarding claim 10, Pathak discloses the device of claim 1.
Pathak fails to disclose an iteration of the device that uses a specific multitude of sensors and user interfaces to create a personalized handheld tool that will learn the users' personal disabilities and then the best way to stabilize the handheld tool for said user.
Tekalur teaches a machine learning interface wherein the processing circuitry is configured to provide a learning mode to learn the predetermined change in movement patterns specific to the user, wherein in the learning mode the processing circuitry is configured to:
record movement patterns before the application phase has started (training phase 51, FIG 5);
receive an input from the user directly indicating when the application phase has started and record movement patterns during the application phase (user input 521, FIG 5);
receive an input from the user directly indicating that the application phase has ended and record movement patterns for after the application phase has ended (task trained 523. [0035] "the user input device to act to external systems exactly as a conventional user input device, it may be desirable to provide a physical mechanism-such as a button or catch-on the device to establish that it is in the "use" state or the "training" state In the training phase, there will typically need to be interaction with an external computing device").
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Pathak to incorporate the teachings of Pathak and Tekalur to provide iteration of the device that uses a user interface for personalized tremor cancelation and allows the users’ condition to remain private. (Tekalur [0004] "It would be highly desirable to achieve a solution that allowed a user with tremor to use a physical user interface effectively in a way that preserved user privacy and did not make the nature of their condition apparent to others.") One would want to combine the device with the AI system of personalization not only because AI has become a popular amenity that many look for in devices but also as it creates a more personalized device for the individual. The device would then have the ability to adjust itself to allow the most efficient usage by the user.
Regarding claim 13, the modified device of Pathak has wherein a machine learning model for the learning mode, and wherein the machine learning model is trained on previous users data to detect transitions from the set up phase to the application phase (Tekalur details the machine learning module as obtaining user data though user training program, [0038]. The program allows the user to do a single task or multiple different types of tasks as to allow the program to learn the user’s disability through multiple user interactions; then the program runs the individual users data against a module of an individual that has no tremor; and thus creating a unique user tremor model for each user. This would then allow the device to detect when the user is in “set up phase” and “application phase” and implement the necessary stabilization methods specific to the user).
Response to Arguments
Applicant's arguments filed 8/17/2026 have been fully considered but they are not persuasive. More specifically:
With respect to the argument, “Pathak does not describe a set up phase or an application phase,” as the “set up phase” is not defined within the specifications of the device, the “set up phase” can be defined as any phase or position in which the device is not in the “application phase.” Pathak describes [0038] that the device has a lock/unlock feature as to allow the device to remain in the selected position by the user; the locked position described by Pathak can be seen as the same as the Applicant’s claimed, “application phase.” Therefore, when Pathak’s device is in its unlocked phase, it can be reasonably seen as the same as Applicant’s “set up phase.”
With respect to the argument “Pathak does not describe the transition between any similar phase”, Pathak details [0038] how the handheld device can be placed into a lock/unlock position according to the commands of the user, When the device executes the lock command the device activates the actuator assembly 107 to lock the user assistive device into position through processing block 540. As the device implements an additional program in order to place the device into its “application phase”, it can be acknowledged that this processing command is the “transition phase” where the device goes from its unlocked position (set up phase) into its locked position (application phase).
With respect to the argument “Pathak does not describe holding, via processing circuitry, the cosmetic application in a set position”, as the described above the “set up phase” is any position that is not the “application phase”; Pathak details [0038] that the device is locked or held in a set position once the command is given by the user (though processing circuitry connected to a microphone, button, or other user interface 425) allowing the device to remain in place and the “application phase” to be implemented by the user.
Conclusion
THIS ACTION IS MADE FINAL. 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 DANIELLE B RESTAINO whose telephone number is (571)272-8697. The examiner can normally be reached Mon-Fri 8:00AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571) 272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIELLE B RESTAINO/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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