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 .
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Pang et al (11,458,062) in view of Uehara et al (9,468,280).
Pang et al teaches a device (such as a lipstick applicator) configured to apply a cosmetic formulation to a user, comprising:
PNG
media_image1.png
451
410
media_image1.png
Greyscale
PNG
media_image2.png
643
359
media_image2.png
Greyscale
a connector (such as 106 or at least one of 104, 105, 106) configured to attach to an external device (such as 102, 101, 103); and
a processing circuitry configured to control an angular position of the stamp as the stamp is moved toward the target area of the user; see at least the SUMMARY in columns 1-2 and claim 5.
Pang et al further teaches:
Column 4, lines 40-45 read: FIG. 4 shows the components of the makeup applicator 106. The applicator includes the applicator tool portion 401, which is shown as a mascara brush but it is not limited thereto and it may be any protruding or extending type of make-up tool, such as a lipstick applicator, a nail polish applicator, or the like.
However, it is unclear if any of the applicator tool portions 401 (stamp) comprise a recessed area configured to receive the cosmetic formulation, the recessed area having a shape confirming to a target area of the user for applying the cosmetic formulation.
Uehara et al teaches a stamp (applicator tool portion 21) having a recessed area 21C configured to receive the cosmetic formulation, the recessed area having a shape conforming to a target area of the user for applying the cosmetic formulation. See included figures below.
PNG
media_image3.png
329
414
media_image3.png
Greyscale
PNG
media_image4.png
438
256
media_image4.png
Greyscale
It would have been obvious to one having ordinary skill in the art to have substituted the lipstick applicator (stamp) of Uehara et al for the lipstick applicator of Pang et al to obtain predictable results.
Claim 2, wherein the cosmetic formulation is lipstick (interpreted as not positively claimed) and the recessed area has a shape confirming to a user's lip region, as shown above.
Claim 3, further comprising an embedded camera (inherently to one of the client devices 720) and proximity sensor that are configured to detect the target area of the user as the stamp is moved toward the target area of the user; see applicant’s specification teaching the camera and proximity sensor are the same. Further, see column 1, lines 66 - column 2, lines 7 teaching at least one sensor; column 5, lines 25-30 and lines 57-59.
Claim 4, regarding, “further comprising a 2-axis gimbal motor system that is controlled by the processing circuitry to control the angular position of the stamp”, see at least figure 3A and column 4, lines 11-23 and column 6, lines 32-45.
Claim 5, giving the language, “mobile user device” it’s broadest reasonable interpretation, it can be interpreted as the motion generation components.
Claim 6, further comprising a connector 105 configured to attach and communicatively couple the stamp to a motion stabilizing device 100.
Claim 7 claims a system comprising a stamp (see rejection of at least claim 1 above), connector 105, and (positively claims) the motion stabilizing device 100 configured to receive information of the target area of the user via at least the user’s vision or the client device.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: external device (claim 1). Please add a reference numeral.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE EDWARD SNOW whose telephone number is (571)272-4759. The examiner can normally be reached 7:30 am - 5:00 pm Monday through Thursday.
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, Melanie Tyson can be reached at 5712729062. 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.
/BRUCE E SNOW/Primary Examiner, Art Unit 3774