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
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 24 has been entered.
Response to Amendment
2. This action is in response to the amendment filed on November 24th, 2025. Claims 1, 13, and 17 have been amended. Claims 12 and 19 have been cancelled. Claim 20 has been added. Applicant’s amendments to the claims have overcome the 112(a) and 112(d) rejections previously set forth in the Final Office Action mailed September 24th, 2025. Claims 1-11, 13, 15-18, and 20 remain rejected in the application.
Response to Arguments
3. Applicant’s arguments with respect to the 35 U.S.C. 101 rejection has been fully considered but are not persuasive. Response to arguments regarding the 35 U.S.C. 101 rejection are answered in the rejection below.
4. Applicant’s arguments with respect to claim 1, and similarly claim 13, with respect to the rejection under 35 U.S.C. 103 regarding that the prior art does not teach the limitation(s): “wherein each of the plurality of user match colors are determined independent from each of the other plurality of user match colors” and “wherein each of the hue number is defined by a 360 degree scale, the chroma number in defined by a scale starting at 0 and terminating at an end number based on the hue of the color, and the value number is defined by a scale from 1 to 100.” have been fully considered but are moot because of the new ground of rejection. The claims are now disclosed by Watling, Campbell, and Morovic.
5. In addition, applicant’s arguments with respect to claims 4 and 5 have been fully considered but are moot because of the new ground of rejection. Claim 4 is now disclosed by Watling, Campbell, Morovic, and Chaturvedi and claim 5 is now disclosed by Watling, Campbell, Morovic, and Flynn.
6. Regarding arguments to claims 2-3, 6-11, 15-18, and 20, they are dependent on independent claims 1 and 13 respectively. Applicant does not argue anything other than independent claim 1, and similarly claim 13. The limitations in those claims, in conjunction with their combination, has previously been established and explained.
Claim Objections
7. Claims 1 and 13 are objected to because of the following informalities:
In claim 1, line 17 and claim 13, line 17, "chroma number in" should read "chroma number is"
Appropriate correction is required.
Claim Rejections - 35 USC § 101
8. 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.
9. Claims 1-11, 13, 15-18, and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without significantly more.
10. As per Step 1 of the subject matter eligibility analysis, it is to determine whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter.
11. In this case, claims 1-11, 13, 15-18, and 20 are directed to a method, with claims 13 and 18 specifically a "non-transitory computer implemented method." Thus, Step 1 is satisfied.
12. In Step 2A, Prong One, it is to “determine whether the claim at issue is directed to a judicial exception (i.e., an abstract idea, a law of nature, or a natural phenomenon). Under this step, a two-prong inquiry will be performed to determine if the claim recites a judicial exception (an abstract idea enumerated in the 2019 Guidance), then determine if the claim recites additional elements that integrate the exception into a practical application of the exception. See 2019 Revised Patent Subject Matter Eligibility Guidance (2019 Guidance), 84 Fed. Reg. 50, 54-55 (January 7, 2019).
13. Claim 1 and claim 13, which is similar in scope to claim 1, recite the following: A method for analyzing and creating a color palette for clothing, fabric, or accessories, comprising:
taking one or more user fixed color readings;
breaking down the fixed color readings into numerical components;
determining a plurality of user match colors based on the fixed color readings numerical components;
determining at least one harmony color for each of the at least one match colors by varying at least one numerical component reading of the user match color;
determining at least one fringe color for each of the at least one match colors by varying at least two numerical component readings of the user match color;
assembling the plurality of user match colors, at least one harmony color, and at least one fringe color into a personalized user color palette;
displaying to the user a user match guide including at least the fixed color readings, the plurality of user match colors, the at least one harmony color, and the at least one fringe color;
wherein each of the plurality of user match colors are determined independent from each of the other plurality of user match colors;
wherein each of the hue number is defined by a 360 degree scale, the chroma number in defined by a scale starting at 0 and terminating at an end number based on the hue of the color, and the value number is defined by a scale from 1 to 100.
14. The limitations of independent claims 1 and 13 as drafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of the "non-transitory computer implemented method" of claim 13. That is, other than reciting a generic “computer implemented method,” nothing in the claims’ elements precludes the step from practically being performed in the mind. Page 9 of applicant's remarks filed on November 24th, 2025 claim that: “specific steps for “taking one or more user fixed color readings,” “breaking down the fixed color readings into numerical components,” “determining a plurality of user match colors based on the fixed color readings numerical components,” and “determining at least one harmony color for each of the at least one match colors by varying at least one numerical component reading of the user match color" … require technological tools and processes that cannot be practically performed in the human mind alone.” Also, on page 10: “Moreover, the claims as amended include the limitation “wherein each of the plurality of user match colors are determined independently.” This limitation further emphasizes the technological nature of the claimed method …” Examiner respectfully disagrees as none of these steps require technological tools to perform. For example, there only needs to exist an individual, such as a color coordinator, that is capable to performing the method as outlined in the claims. The method as outlined need not be performed by every human being (such as those with vision deficiency). An individual, such as a color coordinator, would be able to “take,” or choose a singular color and “break down,” or assign a unique number and/or name to that color. This process can be repeated with any number of colors. The examiner acknowledges the following amendment to claims 1 and 13: “wherein each of the hue number is defined by a 360 degree scale, the chroma number in defined by a scale starting at 0 and terminating at an end number based on the hue of the color, and the value number is defined by a scale from 1 to 100.” Even with this stated limitation, there is no limit to the number and/or names of colors assigned by the color coordinator. This individual can also use a color wheel to determine harmony colors (such as a complementary color opposite of a chosen color or adjacent analogous colors) and a visual color system, such as the Munsell color system, to determine “fringe colors” that have one equal color component, such as hue, chroma, or value (or represented on the same color plane with two fixed color components within a 3D color space). These selected colors by the individual are determined independently and can be assembled into a color palette to “display,” or visualize in the mind.
15. Aside from the recitation of a generic "color sensing device" in claim 2, dependent claims 2-11, 15-18, and 20, as drafted, recite similar limitations, such as “taking the one or more user fixed color readings ... of the user's hair color, skin color, eye color; breaking down the sensed user fixed colors into at least a hue number, a chroma number, and a value number; determining at least one complimentary color; and determining at least one fringe color" are processes that cover performance of the limitations in the human mind. Additionally, in claims 15-18, limitations such as “recommending to the user a clothing, fabric, or accessory match; comparing … one or more clothing readings of one or more pieces of clothing” are also processes that cover performance of the limitations in the human mind. An individual, such as a color coordinator, can also be a “user” and mentally recommend a product to themselves. In new claim 20, limitations such as “giving a numeric rating to each of the one or more pieces of clothing, fabric, or accessories; wherein the numeric rating indicates how well the clothing, fabric, or accessories complements the user match guide” is also a process that covers performance of the limitations in the human mind. An individual, such as a color coordinator, can give a product a numeric rating depending on how well that product complements a user color palette. For instance, the coordinator could give a rating of 100 for an excellent complementary product or a rating of 1 for a poor complementary product.
16. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of a generic “computer implemented method” or "color sensing device," then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
17. In Step 2A, Prong Two, it is to determine if the claim recites additional elements that integrate the exception into a practical application of the exception.
18. This judicial exception is not integrated into a practical application. Claim 2 recites the additional element of a generic "color sensing device" for "taking the one or more user fixed color readings" to perform the steps of claims 2, 3, 5, 6, 10, and 11. In addition, claim 4 recites the additional element of a generic "photo on a digital display" in which color readings are obtained. Both claims 2 and 4 recite "taking" or "obtaining" color readings at a high level of generality (i.e., as a generic means of capturing color data) and amounts to mere data gathering, which is a form of insignificant extra-solution activity. Regarding the color sensing device, applicant argues on page 10: “The color sensing device is not merely gathering data but is specifically integrated into a technological process for analyzing user attributes and creating personalized color palettes for clothing, fabric, or accessories.” First, applicant acknowledges that the color sensing device is performing data gathering. Second, examiner respectfully submits that the color sensing device, as disclosed in claim 2, is only defined to perform the following: “using a color sensing device to sense one or more of the user's hair color, skin color, eye color.” None of claim 2’s dependents add further limitations regarding the color sensing device. Thus, as disclosed, the device is only defined to gather data. See MPEP 2106.05(g). Regarding claim 13, this recites using a “computer implemented method" to perform its steps. The “computer implemented method" in these steps is recited at a high-level of generality (i.e., as a generic “computer implemented method" performing generic steps to analyze and create a color palette) such that it amounts no more than mere instructions to apply the exception using a generic computer. As previously mentioned above, the steps outlined in the claims are capable of being performed by a color coordinator, where no computer is required. Accordingly, these additional elements do not integrate the abstract ideas into a practical application because they do not impose any meaningful limits on practicing the abstract ideas. The claims are directed to abstract ideas and the remaining claims do not include additional elements. See MPEP 2106.05(f).
19. In Step 2B, this is a search for an "inventive concept" (i.e., an element or combination of elements that is sufficient to ensure that the patent in practice amounts to significantly more). The claims as described in Step 2A, Prong Two above, the additional elements mentioned amount to no more than insignificant extra-solution activity for claims 2 and 4 and mere instructions to apply the exception using a generic computer for claim 13. The remaining claims do not include additional elements. The same analysis applies for Step 2B.
20. In regard to the insignificant extra-solution activity of claims 2 and 4, further evaluation is required under 2B to determine if it is more than what is a well-understood, routine, conventional activity in the field. There is no indication that the process of gathering color data is anything but using a generic, off-the-shelf color sensing device, as in claim 2, or just visually selecting a color, as in claim 4. As such, these activities are simply well-understood, routine, and conventional functions when claimed in a generic manner. As such, the claims do not provide an unconventional method in the creation of a user color palette that amount to significantly more, such as with processing the color data after it has been gathered from the color sensing device.
21. In regard to claims 13, the claims do include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a “computer implemented method" to perform the steps of claim 13 amount to no more than mere instructions to apply the exception using a generic computer. Mere instructions to apply an exception using a generic computer cannot provide an inventive concept.
22. For the foregoing reasons, independent claim 1, along with its dependents, cover subject matter that is judicially-excepted from patent eligibility under § 101. Independent claim 13, the "non-transitory computer implemented method," along with its dependents, similarly cover claimed subject matter that is judicially-excepted from patent eligibility under § 101. Therefore, the claims as a whole, the additional elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself. The claims are not patent eligible.
Claim Rejections - 35 USC § 103
23. 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.
24. Claims 1-2, 6-7, 13, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Watling (US-10964064-B1) in view of Campbell et al. (US-2007/0076013-A1, hereinafter "Campbell"), and further in view of Morovic et al. (US-2020/0186680-A1, hereinafter "Morovic").
25. As per claim 1, Watling discloses: A method for analyzing and creating a color palette for clothing, fabric, or accessories, comprising: (Watling, col. 1, lines 8-14, “Embodiments of the present invention generally relate to a system and method to generate a customized seasonal color harmony palette for a user …”, and Abstract, “The system further includes an analysis module to analyze the plurality of attributes by using mathematical algorithms to identify colors corresponding to each of the attributes.”, and col. 6, lines 34-42, “The scanning device 106 may further be configured to scan attributes of tangible objects associated with a user, in an embodiment of the present invention. The attributes of the user may include physical attributes such as, but not limited to, an eye color, a hair color, and a skin tone (e.g., undertone, overtone, etc.), and so forth, in an embodiment of the present invention. Examples of the tangible objects may include, but not limited to, clothes, accessories, shoes, books, images, videos, wall paints, and so forth.”)
taking one or more user fixed color readings; (Watling, col. 2, lines 51-54, “The method includes scanning a plurality of attributes comprising a skin color, a hair color, and an eye color, a plurality of colors of one or more tangible objects, or a combination thereof associated with the at least one user ...”)
breaking down the fixed color readings into numerical components; (Watling, col. 8, lines 30-63, “The analysis module 206 may be configured to analyze the scanned data, in an embodiment of the present invention. The analysis module 206 may be configured to analyze the scanned colors and measure values of each of the scanned colors in terms of colors are rendered in a particular media, which currently include at least one of a RGB value, a CMYK value, a HSV, and can include a new future systems or a combination thereof, but not limited to, RGB, CMYK, HSV, any other new measurements, and so forth. ...”)
determining a plurality of user match colors based on the fixed color readings numerical components; (Watling, col. 9, 40-42, “Based on the comparison, colors from the color palettes matching the scanned colors of the attributes may be selected by the analysis module 206.”, and col. 8, lines 30-63)
determining at least one harmony color for each of the at least one match colors by varying at least one numerical component reading of the user match color; (Watling, col. 1, lines 11-14, “... method for automatically generating and recommending a customized seasonal color harmony palette to complement existing coloring of the user and/or an inventory associated with the user.”, and col. 9, 40-42, “Based on the comparison, colors from the color palettes matching the scanned colors of the attributes may be selected by the analysis module 206.”, and col. 2, lines 23-36, “The seasonal color coding system further includes an analysis module configured to analyze the plurality of attributes by using one or more mathematical algorithms to identify one or more colors from a color palette corresponding to each of the plurality of the attributes ...”, and col. 9, lines 27-36, “Further, by using mathematical algorithms, the analysis module 206 may further be configured to identify colors based on each of the attributes of the user. The mathematical algorithms may include, but not limited to, fuzzy logic, artificial intelligence, and so forth. Embodiments of the present invention are intended to include or otherwise cover any mathematical algorithm, including known, related art, and/or later developed technologies, which may be beneficial to identify colors based on each of the attributes associated with the user.”, and col. 8, lines 30-63; Examiner’s note: Using mathematics, it would have been obvious to a person having ordinary skill in the art to use a known algorithm to generate a complementary color by varying one color component so that the colors are opposite on a color wheel. For instance, in the LCh color space, a complementary color is generated by varying the hue component by 180 degrees.)
[[determining at least one fringe color]] for each of the at least one match colors by varying [[at least two]] numerical component readings of the user match color; (Watling, col. 9, 40-42, “Based on the comparison, colors from the color palettes matching the scanned colors of the attributes may be selected by the analysis module 206.”, and col. 2, lines 23-36, “The seasonal color coding system further includes an analysis module configured to analyze the plurality of attributes by using one or more mathematical algorithms to identify one or more colors from a color palette corresponding to each of the plurality of the attributes ...”, and col. 9, lines 27-36, “Further, by using mathematical algorithms, the analysis module 206 may further be configured to identify colors based on each of the attributes of the user. The mathematical algorithms may include, but not limited to, fuzzy logic, artificial intelligence, and so forth. Embodiments of the present invention are intended to include or otherwise cover any mathematical algorithm, including known, related art, and/or later developed technologies, which may be beneficial to identify colors based on each of the attributes associated with the user.”, and col. 8, lines 30-63)
assembling the plurality of user match colors, at least one harmony color, and at least one [[fringe color]] into a personalized user color palette; (Watling, col. 1, lines 8-14, “Embodiments of the present invention generally relate to a system and method to generate a customized seasonal color harmony palette for a user …”, and col. 1, lines 11-14, “... method for automatically generating and recommending a customized seasonal color harmony palette to complement existing coloring of the user and/or an inventory associated with the user.” and col. 2, lines 23-26, “The seasonal color coding system further includes one or more databases configured to store the plurality of scanned attributes associated with the at least one user.”, and col. 9, lines 42-49, “In an embodiment of the present invention, when a new color is identified by the analysis module 206 based on the measured values of the RGB, CMYK, and so forth, then a new label is assigned to the new color and is then added to the unfilled spaces within the value scale table associated with the identified color. The value scale table is then updated and stored in the database, such as the database 114.”, and col. 2, lines 23-36, “The seasonal color coding system further includes an analysis module configured to analyze the plurality of attributes by using one or more mathematical algorithms to identify one or more colors from a color palette corresponding to each of the plurality of the attributes ...”, and col. 11, lines 56-60, “In an embodiment of the present invention, the display module 214 may be configured to display the customized color palette in, but not limited to, a single color, a plurality of colors, a tabular form, a collage, and so forth.”, and Abstract)
displaying to the user a user match guide including at least the fixed color readings, the plurality of user match colors, the at least one harmony color, and the at least one [[fringe color;]] (Watling, col. 11, lines 52-60, “The display module 214 may be configured to display the customized color palette to the user. The display module 214 may function in conjunction with the user interface module 212 in order to display the customized color palette on the user device 102 and/or the vendor device 108. In an embodiment of the present invention, the display module 214 may be configured to display the customized color palette in, but not limited to, a single color, a plurality of colors, a tabular form, a collage, and so forth.” and col. 1, lines 11-14, “... method for automatically generating and recommending a customized seasonal color harmony palette to complement existing coloring of the user and/or an inventory associated with the user.”, and col. 9, 40-42, “Based on the comparison, colors from the color palettes matching the scanned colors of the attributes may be selected by the analysis module 206.”)
wherein each of the plurality of user match colors are determined independent [[from each of the other plurality of user match colors;]] (Watling, col. 2, lines 16-23, “Embodiments in accordance with the present invention provide a seasonal color coding system for recommending at least one customized color palette to at least one user. The seasonal color coding system includes a scanning module configured to scan a plurality of attributes comprising a skin color, a hair color, and an eye color, a plurality of colors of one or more tangible objects, or a combination thereof, associated with the at least one user.”)
wherein each of the hue number [[is defined by a 360 degree scale,]] the chroma number [[in defined by a scale starting at 0 and terminating at an end number based on the hue of the color,]] and the value number [[is defined by a scale from 1 to 100.]] (Watling, col. 8, 39-45, “The analysis module 206 may be configured to measure values of colors based on, but not limited to, Red (RGB) %, Green (RGB) %, Blue (RGB) %, Hue (HSL/HSV) degree, Saturation (HSL) %, Light (HSL) %, Saturation (HSV) %, Value (HSV) %, Chroma, brightness, reflection, absorption, diffusion, and so forth.”)
26. Watling doesn't explicitly disclose but Campbell discloses: [[wherein each of the plurality of user match colors are determined independent]] from each of the other plurality of user match colors; (Campbell, Abstract, “A method and apparatus to automatically generate a customized color palette receives data corresponding to several physical attributes of a living subject, such as hair, skin and eyes and conducts an analysis uniquely corresponding to each attribute, and may associate each attribute with at least one property such as a color family, a technical identifier, an intensifier, a temperature, a power color, and a saturation designation.” and [0011], “In one embodiment, an assessment module receives data corresponding to each attribute of a plurality of physical attributes of a subject. The assessment module, for example, may receive data corresponding to a subject's hair, skin and eyes. Based on this data, the assessment module may output an analysis uniquely corresponding to each attribute.” and [0060], “In some embodiments, the scanning device enables a user to input information identifying a subject attribute. The user may then actuate the scanning device to detect a color uniquely corresponding to the attribute.”)
27. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling to incorporate the teachings of Campbell to determine a plurality of user match colors independent from each other. Doing so would ensure that each user match color is individually considered when creating a personalized color palette.
28. Watling in view of Campbell doesn't explicitly disclose but Morovic discloses: determining at least one fringe color [[for each of the at least one match colors by varying]] at least two [[numerical component readings of the user match color;]]
[[assembling the plurality of user match colors, at least one harmony color, and at least one]] fringe color [[into a personalized user color palette;]]
[[displaying to the user a user match guide including at least the fixed color readings, the plurality of user match colors, the at least one harmony color, and the at least one]] fringe color; (Morovic, [0051], “If the user has indicated 522 which variables to constrain, the constrained variables of the color identified as furthest outside the reproducible gamut may be adjusted 526 using a color gamut mapping algorithm. For example, for a color palette in the LCH color space, a user may choose at least one of the variables chroma, hue and lightness to favor. The color gamut mapping algorithm may then adjust the two other variables of the identified color to produce a suggested color.” and [0050], “For example, for a color palette in the LCH color space, a user may choose to constrain a subset of the variables chroma, hue and lightness.”; Examiner’s note: By choosing one color component (chroma, hue, or value/lightness), a “fringe” color can be generated by adjusting the other two values.)
[[wherein each of the hue number]] is defined by a 360 degree scale, [[the chroma number]] in defined by a scale starting at 0 and terminating at an end number based on the hue of the color, [[and the value number]] is defined by a scale from 1 to 100. (Morovic, Fig. 1; [0019], “Referring to the LCH color space of FIG. 1, the lightness axis 102 extends from black (0) to white (100). Chrome is the radius 106 of a circle wherein the centre of the circle is the lightness axis and may represent grey at the lightness axis and highly chromatic furthest from the lightness axis. Hue is often represented on a color wheel 104, ranging from red through yellow, green and blue and back to red, with corresponding hue angles, ranging from 0 to 360 degrees. Thus, hue may be referred to in terms of an angle, and chroma and lightness may be referred to in terms of magnitudes.” and [0025], “FIGS. 6, 7 and 8 provide examples of color palettes being represented in the LCH color space. For clarity, these figures show a two dimensional plane rather than three dimensional diagram of the LCH color space wherein lightness is kept constant. In this example the circle 604 is the maximum chroma and may be equal to a value of 100.”; Examiner’s note: “Lightness” corresponds to “value,” on a “black-to-white” scale. Also, Fig. 1 shows a three-dimensional color space of LCH where chroma ranges from 0 at the center of the circle to a maximum value of 100. Figs. 6, 7, and 8 demonstrates how chroma changes based on hue and a fixed lightness.)
29. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling in view of Campbell to incorporate the teachings of Morovic to determine at least one fringe color by varying two numerical components and to define the numeric ranges for hue, chroma, and value. First, determining a “fringe” color by varying two numerical components would provide additional color variation while still being associated with a singular component of a user match color. Secondly, numeric ranges for hue, chroma, and value help to define each component’s upper and lower limits. This provides a reasonable expectation of the scale of each component. For instance, if the component value is ranged from 1 to 100 (black to white), then it can be reasonably assumed that a value near 1 would be closer to black and a value near 100 would be closer to white.
30. As per claim 2, Watling in view of Campbell, and further in view of Morovic discloses: The method for analyzing and creating a color palette of claim 1, wherein taking the one or more user fixed color readings further comprises using a color sensing device to sense one or more of the user's hair color, skin color, eye color. (Watling, Abstract, “The system includes a scanning module to scan attributes comprising a skin color, a hair color, and an eye color ...”, and col. 9, lines 17-19)
31. As per claim 6, Watling in view of Campbell, and further in view of Morovic discloses: The method for analyzing and creating a color palette of claim 2, wherein breaking down the fixed color readings into numerical components comprises, breaking down the sensed user fixed colors into at least a hue number, a chroma number, and a value number. (Watling, col. 8, 39-45, “The analysis module 206 may be configured to measure values of colors based on, but not limited to, Red (RGB) %, Green (RGB) %, Blue (RGB) %, Hue (HSL/HSV) degree, Saturation (HSL) %, Light (HSL) %, Saturation (HSV) %, Value (HSV) %, Chroma, brightness, reflection, absorption, diffusion, and so forth.”)
32. As per claim 7, Watling in view of Campbell, and further in view of Morovic discloses: The method for analyzing and creating a color palette of claim 1, further comprising:
determining at least one complementary color for each user match color by varying at least one numerical component to be opposite the numerical component of the user match color; (Campbell, [0115], “Thus, a color of eyes, skin, or hair may be highlighted by a completely contrasting or complementary color from the opposite side of the color wheel of hues. Nevertheless, saturation of the color will still correspond to that of the existing color of the subject. Thus, a tinted, shaded, or toned color of an attribute of a subject is typically matched by an opposing or complementary color having the same degree of tint, tone, or shade as the saturation level of that color to be worn.” and [0114], “The intensifier module 98 provides an intensifier identification identified as opposing a color occurring in a subject. Thus, the intensifier module 98 relies primarily on finding an exact opposite on “the color wheel.” The intensifier module 98 deals principally with hue. That is, an opposite hue provides an intensifier. The intensifier may represent a color that will intensify the appearance of the existing coloring of a subject.”)
wherein the color palette includes at least one complementary color. (Campbell, [0205], “Intensifiers may also be provided in the palette. Intensifiers are colors that are complementary, opposite on the color wheel, to the existing coloring of an individual. Thus, these colors are bolder, being opposites, and tend to accent existing coloring by contrast, rather than by bringing out the existing color itself through a match.”)
33. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling in view of Morovic to incorporate the teachings of Campbell to determine at least one complementary color for each user match color by varying at least one numerical component to be opposite the numerical component of the user match color and include it in a color palette. Doing so would produce additional color variation by providing at least one complementary color for each user match color. Due to the nature of complementary colors, their addition to a color palette would help each user match color look more vibrant or intense next its color complement. As such, complementary colors are often used in many applications as a means of grabbing a person’s attention due to its striking visual contrast.
34. Claim 13 is similar in scope to claim 1 except for additional limitations that Watling in view of Campbell, and further in view of Morovic discloses: A non-transitory computer implemented method for analyzing and creating a color palette for clothing, fabric, or accessories, comprising: (Watling, col. 2, lines 48-51, “Embodiments in accordance with the present invention further provide a computer-implemented method for recommending at least one customized color palette to at least one user.” and col. 6, lines 34-42, “The scanning device 106 may further be configured to scan attributes of tangible objects associated with a user… Examples of the tangible objects may include, but not limited to, clothes, accessories, shoes, books, images, videos, wall paints, and so forth.” and col. 6, line 62-col. 7, line 4, “In another embodiment of the present invention, the color coding platform 112 may be implemented as a hardware, a firmware, a software, or a combination thereof managed by a third-party service provider. The color coding system 100 may further comprises a database 114, in an embodiment of the present invention. The database 114 may store the data associated with the devices such as, but not limited to, the user device 102, the scanning device 106, the vendor device 108, the color coding platform 112, and so forth.”)
In addition, the rational for modifying is the same as claim 1 above.
35. As per claim 15, Watling in view of Campbell, and further in view of Morovic discloses: The method of claim 1, further comprising recommending to the user a clothing, fabric, or accessory match by comparing one or more pieces of clothing, fabric, or accessories against the user match guide. (Watling, col. 11, lines 52-67, “The display module 214 may be configured to display the customized color palette to the user. The display module 214 may function in conjunction with the user interface module 212 in order to display the customized color palette on the user device 102 and/or the vendor device 108. In an embodiment of the present invention, the display module 214 may be configured to display the customized color palette in, but not limited to, a single color, a plurality of colors, a tabular form, a collage, and so forth. ... In another embodiment of the present invention, the user interface module 212 may be configured to display an image of an object recommended by the recommendation module 210, which is stored in the user's and/or vendor's inventory.” and col. 10, line 61-col. 11, line 11, “In another embodiment of the present invention, the recommendation module 210 may further be configured to recommend one or more web addresses for one or more shopping websites from where the user may purchase desired clothes or accessories, and so forth based on the determined category or a palette of colors recommended to the user. In yet another embodiment of the present invention, the recommendation module 210 may be configured to provide recommendations to a user about an object from the user's inventory. In an exemplary scenario, a user desires to wear a dress for a party, then the recommendation module 210 may provide recommendations about a black dress or a red dress stored in the inventory of the user based on the user's determined category. In another exemplary scenario, the recommendation module 210 may provide recommendations to a vendor to display a particular blue fabric to a customer having a cool undertone and a winter season.”)
36. As per claim 16, Watling in view of Campbell, and further in view of Morovic discloses: The method of claim 15, wherein comparing one or more pieces of clothing against the user match guide further comprises taking one or more clothing readings of one or more pieces of clothing. (Watling, col. 2, lines 18-23, “The seasonal color coding system includes a scanning module configured to scan a plurality of attributes comprising a skin color, a hair color, and an eye color, a plurality of colors of one or more tangible objects, or a combination thereof, associated with the at least one user.” and col. 6, lines 40-42, “Examples of the tangible objects may include, but not limited to, clothes, accessories, shoes, books, images, videos, wall paints, and so forth.” and col. 8, lines 13-14, “The tangible objects may include ... fabrics ...”)
37. As per claim 17, Watling in view of Campbell, and further in view of Morovic discloses: The method of claim 15, further comprising using the clothing, fabric, or accessory match to assist in product selection. (Watling, col. 11, lines 52-67, “The display module 214 may be configured to display the customized color palette to the user. The display module 214 may function in conjunction with the user interface module 212 in order to display the customized color palette on the user device 102 and/or the vendor device 108. In an embodiment of the present invention, the display module 214 may be configured to display the customized color palette in, but not limited to, a single color, a plurality of colors, a tabular form, a collage, and so forth. ... In another embodiment of the present invention, the user interface module 212 may be configured to display an image of an object recommended by the recommendation module 210, which is stored in the user's and/or vendor's inventory.” and col. 10, line 61-col. 11, line 11, “In another embodiment of the present invention, the recommendation module 210 may further be configured to recommend one or more web addresses for one or more shopping websites from where the user may purchase desired clothes or accessories, and so forth based on the determined category or a palette of colors recommended to the user. In yet another embodiment of the present invention, the recommendation module 210 may be configured to provide recommendations to a user about an object from the user's inventory. In an exemplary scenario, a user desires to wear a dress for a party, then the recommendation module 210 may provide recommendations about a black dress or a red dress stored in the inventory of the user based on the user's determined category. In another exemplary scenario, the recommendation module 210 may provide recommendations to a vendor to display a particular blue fabric to a customer having a cool undertone and a winter season.”)
38. Claim 18, which is similar in scope to dependent claim 15 and independent claim 13, is thus rejected under the same rationale as described above.
39. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Watling (US-10964064-B1) in view of Campbell et al. (US-2007/0076013-A1, hereinafter "Campbell"), further in view of Morovic et al. (US-2020/0186680-A1, hereinafter "Morovic"), and further in view of Pu et al. (US-9924175-B2, hereinafter "Pu").
40. As per claim 3, Watling in view of Campbell, and further in view of Morovic discloses: The method for analyzing and creating a color palette of claim 2, wherein before determining the at least one user match color, the fixed color readings are recorded and any that are more than a predetermined threshold [[outside of the average value are discarded.]] (Morovic, [0050], “For example, for a color palette in the LCH color space, a user may choose to constrain a subset of the variables chroma, hue and lightness. A user input may also indicate maximum thresholds for constraints of variables.” and Watling, col. 2, lines 51-54, “The method includes scanning a plurality of attributes comprising a skin color, a hair color, and an eye color, a plurality of colors of one or more tangible objects, or a combination thereof associated with the at least one user ...” and Watling, col. 8, lines 30-34, “The analysis module 206 may be configured to analyze the scanned data, in an embodiment of the present invention. The analysis module 206 may be configured to analyze the scanned colors and measure values of each of the scanned colors in terms of colors are rendered in a particular media …”)
41. Watling in view of Campbell, and further in view of Morovic doesn't explicitly disclose but Pu discloses: [[wherein before determining the at least one user match color, the fixed color readings are recorded and any that are more than a predetermined threshold]] outside of the average value are discarded. (Pu, col. 10, lines 25-32, “In one example, a new color value may be added to the palette based on whether an absolute difference between the new color value and each of the existing color values already included in the palette is greater than a threshold. If the absolute difference is less than or equal to the threshold, the new color value may not be added to the palette, and instead is either dropped or merged with an existing color value included in the palette.”)
42. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling in view of Campbell, and further in view of Morovic to incorporate the teachings of Pu to utilize a predetermined threshold to discard colors outside of the average value. Doing so would help prevent undesirable colors to be added to a color palette.
43. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Watling (US-10964064-B1) in view of Campbell et al. (US-2007/0076013-A1, hereinafter "Campbell"), further in view of Morovic et al. (US-2020/0186680-A1, hereinafter "Morovic"), and further in view of Chaturvedi (US-2020/0134811-A1).
44. As per claim 4, Watling in view of Campbell, and further in view of Morovic discloses: The method for analyzing and creating a color palette of claim 1, [[wherein the one or more user fixed color readings are obtained from a photo on a digital display.]] (See rejection for claim 1 above.)
45. Watling in view of Campbell, and further in view of Morovic doesn't explicitly disclose but Chaturvedi discloses: wherein the one or more user fixed color readings are obtained from a photo on a digital display. (Chaturvedi, [0033], “Alternatively, in some embodiments, the user 202 can interact with a display screen of the computing device 204 to identify a single color, e.g., using an eyedropper tool, that identifies a pixel in the image 224. Thus, for example, for an image that includes multiple colors, the user 202 can still select a particular color in the image, and in response, a palette of colors can be generated to include colors that are visually similar to the selected color.” and Abstract, “A computing device is used to capture image data of a physical environment. The image data is analyzed to determine color information for colors represented in the physical environment and to determine scene information that describes a room type associated with the physical environment. A palette of colors is assembled using the colors from the color information and provided for display.”)
46. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling in view of Campbell, and further in view of Morovic to incorporate the teachings of Chaturvedi to obtain fixed color readings from a photo on a digital display. Doing so would allow a user to select colors from a digital display (such as through a touch screen device) so that colors for objects or people not physically present can still be chosen and available to a user in creating a palette.
47. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Watling (US-10964064-B1) in view of Campbell et al. (US-2007/0076013-A1, hereinafter "Campbell"), further in view of Morovic et al. (US-2020/0186680-A1, hereinafter "Morovic"), and further in view of Flynn (US-6437866-B1).
48. As per claim 5, Watling in view of Campbell, and further in view of Morovic discloses: The method for analyzing and creating a color palette of claim 2, wherein the one or more fixed color readings [[are at least 3 color readings]] of each of hair color, skin color, and eye color. (Watling, col. 2, lines 51-54, “The method includes scanning a plurality of attributes comprising a skin color, a hair color, and an eye color, a plurality of colors of one or more tangible objects, or a combination thereof associated with the at least one user ...”)
49. Watling in view of Campbell, and further in view of Morovic doesn't explicitly disclose but Flynn discloses: [[wherein the one or more fixed color readings]] are at least 3 color readings [[of each of hair color, skin color, and eye color.]] (Flynn, Fig. 8; col. 4, lines 38-41, “Pop-up Screen 8 measures skin color. It consists of a series of screens to assist an adviser with color measurement. This session is repeated three times. FIG. 8 depicts the Pop-up Screen 8.”; Examiner’s note: Fig. 8 shows that the measured skin color is recorded three times in L, A, and B color space. Also, since Watling establishes scanning attributes from skin, hair, and eye color, Flynn only needs to disclose capturing this type of data three times.)
50. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling in view of Campbell, and further in view of Morovic to incorporate the teachings of Flynn to sample at least three color readings from a person such as hair color, skin color, and eye color. Doing so would provide multiple color samples from areas of a person’s body. Doing this could help minimize data variation and provide more accurate color reading results.
51. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Watling (US-10964064-B1) in view of Campbell et al. (US-2007/0076013-A1, hereinafter "Campbell"), further in view of Morovic et al. (US-2020/0186680-A1, hereinafter "Morovic"), and further in view of Munsell Color Company (NPL: "Munsell Manual of Color – Defining and Explaining the Fundamental Characteristics of Color," https://munsell.com/color-blog/manual-color-defining-fundamental-characteristics-color/, hereinafter "Munsell").
52. As per claim 8, Watling in view of Campbell, and further in view of Morovic discloses: The method for analyzing and creating a color palette of claim 7, wherein the complementary color for each user match color has a hue and [[value]] opposite the corresponding match color. (Campbell, [0115], “Thus, a color of eyes, skin, or hair may be highlighted by a completely contrasting or complementary color from the opposite side of the color wheel of hues. Nevertheless, saturation of the color will still correspond to that of the existing color of the subject. Thus, a tinted, shaded, or toned color of an attribute of a subject is typically matched by an opposing or complementary color having the same degree of tint, tone, or shade as the saturation level of that color to be worn.” and [0114], “The intensifier module 98 provides an intensifier identification identified as opposing a color occurring in a subject. Thus, the intensifier module 98 relies primarily on finding an exact opposite on “the color wheel.” The intensifier module 98 deals principally with hue. That is, an opposite hue provides an intensifier. The intensifier may represent a color that will intensify the appearance of the existing coloring of a subject.” and [0205], “Intensifiers may also be provided in the palette. Intensifiers are colors that are complementary, opposite on the color wheel, to the existing coloring of an individual. Thus, these colors are bolder, being opposites, and tend to accent existing coloring by contrast, rather than by bringing out the existing color itself through a match.”)
53. Watling in view of Campbell, and further in view of Morovic doesn't explicitly disclose but Munsell discloses: [[wherein the complementary color for each user match color has a hue and]] value [[opposite the corresponding match color.]] (Munsell, Fig. 3 and 7, "The Color Sphere" Section, ¶ 1, “The top pole of the Color Sphere is White, the bottom pole Black, and the axis is the graduated scale of NEUTRAL Grays, which places N 5/ in the exact center of the Sphere.” and “Fig. 7 – Diagram showing characteristic CHROMAS extending beyond the surface of the Color Sphere, the Yellow reaching its strongest CHROMA at the 8th level of VALUE, while its opposite, Purple-Blue, reaches its strongest CHROMA at VALUE 3.”; Examiner’s note: On a color sphere as described in Munsell, colors that are “directly opposite” of each other would also include an opposite component to lightness (or “value”) in addition to an opposite component to hue. When such opposite colors are combined, this produces neutral gray, effectively cancelling each other out. Thus, the concept would be that given any color, select a color on the complete opposite end of the color sphere of the three-dimensional color space.)
54. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling in view of Campbell, and further in view of Morovic to incorporate the teachings of Munsell, which defines a color sphere where both the hue and value of a color can be “directly opposite” of another color. When “directly opposite” colors on the color sphere are mixed, the result produces neutral gray at the center of the color sphere. This effectively cancels the colors out. Thus, by using the concept of a color sphere to define colors that are “directly opposite” of other colors, this can add unique colors to a color palette that are either visually appealing and/or stand out next to each other.
55. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Watling (US-10964064-B1) in view of Campbell et al. (US-2007/0076013-A1, hereinafter "Campbell"), further in view of Morovic et al. (US-2020/0186680-A1, hereinafter "Morovic"), and further in view of Nix Sensor Ltd. (NPL: "How to find color harmonies using Paints App," https://web.archive.org/web/20211027184538/
https://www.nixsensor.com/blog/how-to-find-color-harmonies-using-paints-app/, October 27th, 2021; "How to save a paint match to the app," https://web.archive.org/web/20211027200217/
https://www.nixsensor.com/blog/how-to-save-a-paint-match-to-the-app/, October 27th, 2021, hereinafter "Nix").
56. As per claim 9, Watling in view of Campbell, and further in view of Morovic discloses: The method for analyzing and creating a color palette of claim 1, further comprising [[matching the color palette with at least one color swatch for each of the at least one user match color or harmony color.]] (See rejection for claim 1 above.)
57. Watling in view of Campbell, and further in view of Morovic doesn't explicitly disclose but Nix discloses: matching the color palette with at least one color swatch for each of the at least one user match color or harmony color. (Nix reference, please see Figures 1-3 on the next page. Archived website shows images of a color scanning device measuring a swatch and matching the color as "excellent" or "good" matches, as well as various color harmonies.)
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Figure 1
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Figure 1: Nix app demonstrating how to scan a color swatch. Figure 2: Demonstrating the use
of the Nix color scanner to properly scan the color swatch. Figure 3: Nix app showing the match
color and a complementary color in relation to the scanned swatch color. (Nix)
58. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling in view of Campbell, and further in view of Morovic to incorporate the teachings of Nix to use a swatch to match a user's color palette. Doing so would help a user determine if the predetermined swatch color matched the range of colors in the user's color palette.
59. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Watling (US-10964064-B1) in view of Campbell et al. (US-2007/0076013-A1, hereinafter "Campbell"), further in view of Morovic et al. (US-2020/0186680-A1, hereinafter "Morovic"), and further in view of Rochat et al. (US-5334992-A, hereinafter "Rochat").
60. As per claim 10, Watling in view of Campbell, and further in view of Morovic discloses: The method for analyzing and creating a color palette of claim 6, [[wherein the personalized color palette displays at least the corresponding hue number, chroma number, and value number for each color.]] (See rejection for claim 6 above.)
61. As per claim 10, Watling in view of Campbell, and further in view of Morovic doesn't explicitly disclose but Rochat discloses: wherein the personalized color palette displays at least the corresponding hue number, chroma number, and value number for each color. (Rochat, col. 6, lines 23-44, "Referring now to FIG. 3, a picture is shown representing the display image of the color template depicting the color selections available to the user with a color appearance space defining color in terms of attributes correlating with hue, chroma and value and also displaying other associated and useful information. ...", and Abstract, and Figs. 3, 4, 5, 8)
62. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling in view of Campbell, and further in view of Morovic to incorporate the teachings of Rochat to utilize a display to show individual hue, chroma, and value numbers for the corresponding colors. Doing so would provide a user with specific color values for present and future applications and reference.
63. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Watling (US-10964064-B1) in view of Campbell et al. (US-2007/0076013-A1, hereinafter "Campbell"), further in view of Morovic et al. (US-2020/0186680-A1, hereinafter "Morovic"), further in view of Rochat et al. (US-5334992-A, hereinafter "Rochat"), and further in view of Abraham (US-9019296-B1).
64. As per claim 11, Watling in view of Campbell, further in view of Morovic, and further in view of Rochat discloses: The method for analyzing and creating a color palette of claim 10, [[wherein the personalized color palette further includes a tolerance range or margin of error for each of the at least hue number, chroma number, and value number for each color.]] (See rejection for claim 10 above.)
65. Watling in view of Campbell, further in view of Morovic, and further in view of Rochat doesn't explicitly disclose but Abraham discloses: wherein the personalized color palette further includes a tolerance range or margin of error for each of the at least hue number, chroma number, and value number for each color. (Abraham, col. 7, lines 22-45, “For example, the color tolerance module 322 may assign the user's color tolerance a score between one and 10, where one indicates that the user has a low color tolerance and a 10 indicates that the user has a high color tolerance. The color tolerance module 322 uses the user's color tolerance in combination with the Munsell color system to determine a range of colors acceptable (i.e., tolerated by) the user in view of the user's compatibility profile. In the Munsell color system, a color is specified by hue, value and chroma. ...”, and Figs. 3, 5, and col. 6, line 55-col. 7, line 7)
66. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling in view of Campbell, further in view of Morovic, and further in view of Rochat to incorporate the teachings of Abraham to utilize a tolerance range or margin of error for each color's specific color values. Doing so would ensure that colors chosen for a color palette would stay within a specific and desired tolerance range, excluding any outside that range.
67. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Watling (US-10964064-B1) in view of Campbell et al. (US-2007/0076013-A1, hereinafter "Campbell"), further in view of Morovic et al. (US-2020/0186680-A1, hereinafter "Morovic"), and further in view of Aristizabal (US-2021/0390430-A1).
68. As per claim 20, Watling in view of Campbell, and further in view of Morovic discloses: The method of claim 16, further comprising [[giving a numeric rating to each of the one or more pieces of clothing, fabric, or accessories;]]
[[wherein the numeric rating indicates how well the clothing, fabric, or accessories complements the user match guide.]] (See rejection for claim 16 above.)
69. Watling in view of Campbell, and further in view of Morovic doesn't explicitly disclose but Aristizabal discloses: giving a numeric rating to each of the one or more pieces of clothing, fabric, or accessories;
wherein the numeric rating indicates how well the clothing, fabric, or accessories complements the user match guide. (Aristizabal, [0085], “In accordance with some embodiments, the garment recommendation unit 412 may be configured to determine a recommended score of each garment based on a color distance (also referred to as color distance rating/ranking) between each garment color of the one or more garment colors and the plurality of colors in the color palette associated with the user. The color distance may be defined as a distance between two colors in a color space. The garment recommendation unit 412 may be configured to determine, for each garment color, a color from the plurality of colors in the color palette with a minimum linear distance from the garment color and accordingly determine a recommendation score for each of the garment digital images based on the determined color and the determined minimum linear distance. In accordance with various embodiments, the garment recommendation unit 412 is configured to assign the recommendation score to the garment based on the proximity of the one or more garment colors to the colors in the color palette of the user. The system uses the color distance to sort the recommendation list. For example, the garment recommendation unit 412 may be configured to assign a higher recommendation score to a garment when the one or more garment colors are closer to the colors in the color palette of the user and a lower recommendation score when the one or more garment colors are farther from the colors in the color palette of the user.” and [0111], “In accordance with some embodiments, the garment recommendation unit 412 of the garment recommendation computing device 104 determines the recommendation score for each of the garment digital images. For example, the garment recommendation unit 412 determines the one or more garment colors in the garment digital image and then determines, for each garment color of the one or more garment colors, the color distance between the garment color and the plurality of colors in the color palette associated with the user. The garment recommendation unit 412 further determines the recommendation score for the corresponding garment digital image based on the color distance between each garment color of the one or more garment colors and the plurality of colors in the color palette associated with the user.”)
70. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have modified Watling in view of Campbell, and further in view of Morovic to incorporate the teachings of Aristizabal to give a numeric rating to one or more pieces of clothing, fabric, or accessories wherein the rating indicates how well the item(s) complement the user match guide. Doing so would help compare how various clothing, fabric, or accessories rank according to the user match guide. For instance, on a scale of 1 to 100, an article of clothing rated at 85 would have a higher complementary rank than an accessory that is rated 60.
Conclusion
71. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW CLOTHIER whose telephone number is (571)272-4667. The examiner can normally be reached Mon-Fri 8:00am-4:00pm.
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/MATTHEW CLOTHIER/Examiner, Art Unit 2614
/KENT W CHANG/Supervisory Patent Examiner, Art Unit 2614