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 Interpretation
Claims 13, 14 are interpreted as independent claims drafted with a short-hand format.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 13, 14 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 13 does not fall within at least one of the four categories of patent eligible subject matter because claim 13 is directed to a “computer program product” without being stored on a non-transitory computer-readable medium. The software computer program product per se does not fall within a statutory category.
Claim 14 does not fall within at least one of the four categories of patent eligible subject matter because claim 14 is directed to a “computer-readable medium". However, the broadest reasonable interpretation of the "computer-readable medium" can encompass a transitory propagating signal which is non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007).
The examiner suggests amending the claim(s) to recite a “non-transitory computer-readable medium” storing a computer program or equivalent. Any amendment to the claims should be commensurate with its corresponding disclosure.
Allowable Subject Matter
Claims 1-12 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Shimozaki discloses determining the color of a portion of a wearable outfit.
Natesh discloses searching for cosmetic products that match the target colors.
SCHICKEL teaches users may get a better impression of whether the lipstick color they choose matches the rest of their outfit.
However, none of the prior art whether taken singly or in combination discloses the combination of features “automatically determining, within a computational system, at least one colour of a cosmetic product compatible with an outfit of a user, comprising: a step (IMP) of importing at least one photographic image (IM) containing a representation of at least one portion of the outfit of the user; a step (SEG) of segmenting said at least one image (IM), to identify at least one region of interest (S1, S2, S3) in the outfit; a step (DET) of determining the colour of said at least one region of interest (S1, S2, S3); and a step (GEN) of generating said at least one colour compatible with the outfit of the user, on the basis of the determined colour of said region of interest (S1, S2, S3) depending on a database (PAL1-PAL4) of compatible colours or on a computational rule (RGL, 11-71) for obtaining compatible colours“ as required by independent claim 1. The remaining claims require similar combination of feature.
Conclusion
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/PHUOC TRAN/Primary Examiner, Art Unit 2668