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 .
1. Claims 1-20 are presented for examination.
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.
2. 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.
2.1 Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20220095775 A1) in view of Pang et al. (US 20200085168A1).
Regarding claims 1, Lee discloses a device adjustment system for a cosmetic device configured for users with limited mobility ([0007]-[0008], motion stabilizing device or a leveling device and a makeup applicator to assist persons with hand tremors or limited hand and arm mobility), comprising:
a motion stabilizer handle (Fig. 1, [0008], [0032], a motion stabilizing device 400);
a first and second cosmetic adapter attached to a first and second end of the motion stabilizer handle (Abstract, Fig. 1,Fig. 9-Fig. 13, [0047], [0049], the motion stabilizing device 400 provided that connects any one of a variety of makeup applicators for applying makeup to a motion controlling device that directs movement of the makeup applicator. The adapter includes a base component having a base connection for connecting the adapter to the motion controlling device in a certain orientation, and an end component having an end connection for connecting the adapter to a makeup applicator);
an adjustable coupler disposed in the motion stabilizer handle (Abstract, [0050], an adapter with one or more rotating elements to allow for ease of adjusting the angle of the makeup applicator. The applicator coupling element 900 includes multiple detents to allow for fine adjustment of the angle at which the applicator is positioned relative to the motion stabilization device 400), and
the first and second motion adjustment group ([0043] the motion generating elements) configured to couple with the first and second cosmetic adapter and manipulate a motion of the first and second cosmetic adapter (Fig. 9-11, [0043], [0050]-[0058], a control algorithm that moves the motion-generating elements appropriately to cancel the net effect of a user's unintentional muscle movements and thus stabilize the position of the makeup applicator. The applicator coupling unit 1000 includes multiple detents to allow for fine adjustment of the angle at which the makeup applicator is rotated and positioned relative to a central axis of the motion stabilization device 400),
Lee does not disclose the processing circuitry configured to determine an arrangement of the motion stabilizer handle, and instruct a motor disposed in the motion stabilizer handle and mechanically connected to the adjustable coupler to adjust a coupling of the adjustable coupler based on the arrangement of the motion stabilizer handle.
However, Pang discloses the processing circuitry configured to determine an arrangement of the motion stabilizer handle ([0004], [0037], circuitry configured to determine a compensation movement to offset the detected movement and motors that control movement of the connection component 405 relative to the movement of a detected tremor), and instruct a motor disposed in the motion stabilizer handle and mechanically connected to the adjustable coupler to adjust a coupling of the adjustable coupler based on the arrangement of the motion stabilizer handle ([0004], [0038], [0037], circuitry configured to determine a compensation movement to offset the detected movement; and at least one motion generation device embedded in the receiver configured to control a motion of the cosmetic applicator according to the determined compensation movement. A printed circuit board assembly (PCBA) 302, which may include positional sensor circuitry 307, reader circuitry 308, control circuitry 309, and communication interface 310).
Lee and Pang are analogous art. They relate to motorizing cosmetic dispenser.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify detect a movement caused by a user, taught by Pang incorporated with the movement of the makeup applicator, taught by Lee, for reducing the movement of a cosmetic applicator caused by unintentional movements of a user.
Regarding claim 13, Lee discloses a method of adjusting an adjustable coupler in a cosmetic device configured for users with limited mobility ([0007]-[0008], motion stabilizing device or a leveling device and a makeup applicator to assist persons with hand tremors or limited hand and arm mobility, comprising:
determining, via processing circuitry disposed in a motion stabilizer handle of the cosmetic device, an arrangement of the motion stabilizer handle ([0046], [0051], by the control circuitry in the PCBA, hold a makeup applicator in place, bumps 911 may be arranged inside the opening 909. The bumps 911 may be evenly spaced in a linear arrangement around the inner circumference of the opening. More than one linear arrangement may be provided along the depth of the opening. The bumps 911 may be randomly arranged in the inner surface of the opening),
the motion stabilizer handle including a first and second cosmetic adapter attached to a first and second end of the motion stabilizer handle (Abstract, Fig. 1,Fig. 9-Fig. 13, [0047], [0049], the motion stabilizing device 400 provided that connects any one of a variety of makeup applicators for applying makeup to a motion controlling device that directs movement of the makeup applicator. The adapter includes a base component having a base connection for connecting the adapter to the motion controlling device in a certain orientation, and an end component having an end connection for connecting the adapter to a makeup applicator),
the adjustable coupler including a first motion adjustment group ([0050], The applicator coupling element 900 includes multiple detents to allow for fine adjustment of the angle at which the applicator is positioned relative to the motion stabilization device 400), a second motion adjustment group ([0046], [0053], The applicator coupling unit 1000 includes multiple detents to allow for fine adjustment of the angle at which the makeup applicator is rotated relative to a central axis of the motion stabilization device 400, and processing circuitry (The applicator stabilizer unit 600 includes a printed circuit board assembly (PCBA) 703, which may include positional sensor circuitry 711, reader circuitry 713, control circuitry 715, and communication interface 717),
the adjustable coupler being adjustably translated between the first end and the second end of the motion stabilizer handle ( Abstract, an adapter with one or more rotating elements to allow for ease of adjusting the angle of the makeup applicator);
the first and second motion adjustment group ([0043], the motion generating elements) configured to couple with the first and second cosmetic adapter and manipulate a motion of the first and second cosmetic adapter (Fig. 9-11, [0043], [0050]-[0058], a control algorithm that moves the motion-generating elements appropriately to cancel the net effect of a user's unintentional muscle movements and thus stabilize the position of the makeup applicator. The applicator coupling unit 1000 includes multiple detents to allow for fine adjustment of the angle at which the makeup applicator is rotated and positioned relative to a central axis of the motion stabilization device 400), and
upon determining the first end of the motion stabilizer handle is vertically elevated compared to the second end of the motion stabilizer handle and the first cosmetic adapter is attached to the first end of the motion stabilizer handle ([0060], [0061], The leveling device 500 is configured to apply a motion to the connector 505 which causes a vertical angular motion 1501 of the applicator coupling element 1300. The vertical angular motion 1501 is a wider range of motion than the motion 1401 as the motion allows the applicator coupling element 1300 to remain level over a range of orientations of the leveling device) , instruct, via the processing circuitry (PCBA) 703 and control circuitry 715), the motor to adjust the adjustable coupler towards the first end of the motion stabilizer handle to couple the first motion adjustment group with the first cosmetic adapter (Fig. 9, [0049], [0050]-[0058], Fig. 9-Fig. 15, The applicator coupling element 1300 may include a detent to allow for adjustment of the angle at which the makeup applicator is positioned relative to the applicator stabilizer unit 500. The applicator coupling element 1300 may include multiple detents for fine adjustment of the rotation angle of the makeup applicator).
Lee does not disclose the processing circuitry configured to determine an arrangement of the motion stabilizer handle and instruct a motor disposed in the motion stabilizer handle and mechanically connected to the adjustable coupler to adjust a coupling of the adjustable coupler based on the arrangement of the motion stabilizer handle.
Pang discloses the processing circuitry configured to determine an arrangement of the motion stabilizer handle ([0004], circuitry configured to determine a compensation movement to offset the detected movement) and instruct a motor disposed in the motion stabilizer handle and mechanically connected to the adjustable coupler to adjust a coupling of the adjustable coupler based on the arrangement of the motion stabilizer handle (Abstract, [0004], [0038], [0037], the receiver configured to control a motion of the cosmetic applicator according to the determined compensation movement. circuitry configured to determine a compensation movement to offset the detected movement; and at least one motion generation device embedded in the receiver configured to control a motion of the cosmetic applicator according to the determined compensation movement. A printed circuit board assembly (PCBA) 302, which may include positional sensor circuitry 307, reader circuitry 308, control circuitry 309, and communication interface 310).
Lee and Pang are analogous art. They relate to motorizing cosmetic dispenser.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify detect a movement caused by a user, taught by Pang incorporated with the movement of the makeup applicator, taught by Lee, for reducing the movement of a cosmetic applicator caused by unintentional movements of a user.
Regarding claims 2 and 16, Lee discloses the motion stabilizer handle includes a hinge portion attached to the first end of the motion stabilizer handle, the first cosmetic adapter being attached to the hinge portion at the first end of the motion stabilizer handle ([0009], [[39], Fig. 6 and Fig. 7an end component having an end connection for connecting the adapter to a makeup applicator. The end component has a center axis through its center and is rotatably attached about the center axis to the base component with a structure for locking the end component in a certain rotated angle about the center axis. A hinge mechanism contained inside the connection component 621. FIG. 6 shows that the hinge mechanism is a self-leveling/motion stabilizing hinge. FIG. 7 is a diagram of internal components of the applicator stabilizing unit).
Regarding claims 3 and 17, Lee discloses first motion adjustment group includes an x- axis motive element and a y-axis motive element ([0045], the two motive elements include a y-axis motive element 705 and an x-axis motive element 707), configured to maintain a level position of the first cosmetic adapter in response to manipulation of the motion stabilizer handle that arranges the motion stabilizer handle in a non-level arrangement ([0045],[0061], [0038], Fig. 5-Fig. 8, The leveling device 500 is configured to apply a motion to the connector 505 which causes a vertical angular motion 1501 of the applicator coupling element 1300. The vertical angular motion 1501 is a wider range of motion than the motion 1401 as the motion allows the applicator coupling element 1300 to remain level over a range of orientations of the leveling device)
Regarding claims 4 and 18, Lee discloses motion adjustment group includes an electromagnetic positioner (an electromagnetic positioner 811) configured to maintain a same position of the second cosmetic adapter in free space in response to manipulation of the motion stabilizer handle with random oscillating motion (Fig. 8, [0046], the applicator stabilizer unit 600 in which the connection component 621 includes an electromagnetic positioner 811, which is used to generate a variable magnetic field that acts upon the magnetic fluid, causing it to be displaced, thereby enabling the armature to be moved to a desired coordinate position and/or orientation).
Regarding claim 5, Pang discloses electromagnetic positioner includes magnetic cores arrayed around a non-magnetic tube filled with a magnetic fluid, each of the magnetic cores surrounded by windings, the magnetic cores controlled via the processing circuitry to generate a variable magnetic field that acts upon and displaces the magnetic fluid to adjust the second cosmetic adapter ([0043], The electromagnetic positioner 311 may include U-shaped magnetic cores 312 arrayed around a non-magnetic tube 313, which is filled with a magnetic fluid 314. Each of the magnetic cores has arm portions that are surrounded by windings 315. The magnetic cores may be controlled by the control circuitry in the PCBA 302 to act as a controllable active magnetic field-generating structure which is used to generate a variable magnetic field that acts upon the magnetic fluid, causing it to be displaced, thereby enabling the armature to be moved to a desired coordinate position and/or orientation).
Regarding claim 6, Pang discloses upon coupling the adjustable coupler to the first cosmetic adapter, the adjustable coupler is not coupled to the second cosmetic adapter (Fig. 1, Fig. 5A [0034] [0046], the device 100 couples with an adaptor 105 and a make-up applicator 106, the adaptor 105. As seen in FIG. 5A, the applicator receiving end 501 may be a female threaded screw coupling having a size configured to receive the applicator, while the device receiving end 502 may be a female threaded screw. Fig. 4, The makeup applicator 106, the applicator includes the applicator tool portion 401, The applicator includes a base portion 402 which is coupling having a different size configured to attach to the coupling element 305 of the device 100. a receiver coupling element 403, which is shown as a male screw portion).
Regarding claims 7-8 and 14, Lee discloses upon determining the first and second end of the motion stabilizer handle is vertically elevated compared to the second and first end of the motion stabilizer handle ([0061], Fig. 15, The leveling device 500 is configured to apply a motion to the connector 505 which causes a vertical angular motion 1501 of the applicator coupling element 1300. The vertical angular motion 1501 is a wider range of motion than the motion 1401 as the motion allows the applicator coupling element 1300 to remain level over a range of orientations of the leveling device) and the first and second cosmetic adapter is attached to the first and second end of the motion stabilizer handle ([0063], The applicator coupling element (adapter) 1300 may be used to join makeup applicators, such as applicators 103, 105, 107, 201, 203, to the leveling device 500 or applicator stabilizer unit 600. The detent 1303 allows the applicator coupling element 1300 to be rotated and locked at a rotation angle 1313),
instruct, via the processing circuitry ([0036], Fig. 7, printed circuit board assembly (PCBA) 703 and control circuitry 715), the motor to adjust the adjustable coupler towards the first and second end of the motion stabilizer handle to couple the second motion adjustment group with the first and second cosmetic adapter (Fig. 9, [0049], [0050]-[0058], Fig. 9-Fig. 15, The applicator coupling element 1300 may include a detent to allow for adjustment of the angle at which the makeup applicator is positioned relative to the applicator stabilizer unit 500. The applicator coupling element 1300 may include multiple detents for fine adjustment of the rotation angle of the makeup applicator).
Regarding claims 9 and 15, Lee discloses Upon determining the first end of the motion stabilizer handle is vertically elevated compared to the second end of the motion stabilizer handle (Abstract, [0008], [0009], The end component has a center axis through its center and is rotatably attached about the center axis to the base component with a structure for locking the end component in a certain rotated angle about the center axis), and
the second cosmetic adapter is attached to the first end of the motion stabilizer handle via a radiofrequency identification (RFID) reader disposed at the second end of the motion stabilizer handle ([0045], Each of the motive elements may be servo motors as understood in the art. The applicator stabilizer unit 600 further includes connector 505, which is configured to couple with an adaptor. The connector 505 may include a radiofrequency identification (RFID) reader 709, configured to read an RFID tag, which may be included with the makeup applicate),
instruct, via the processing circuitry ([0039], The applicator stabilizer unit 600 includes a printed circuit board assembly (PCBA) 703, which may include positional sensor circuitry 711, reader circuitry 713, control circuitry 715, and communication interface 717), the motor to adjust the adjustable coupler towards the first end of the motion stabilizer handle to couple the second motion adjustment group with the second cosmetic adapter (Fig. 9, [0049], [0050]-[0058], Fig. 9-Fig. 15, The applicator coupling element 1300 may include a detent to allow for adjustment of the angle at which the makeup applicator is positioned relative to the applicator stabilizer unit 500. The applicator coupling element 1300 may include multiple detents for fine adjustment of the rotation angle of the makeup applicator).
Regarding claim 10, Pang discloses a strap (Strap 103) attached to a rotating platform (Fig. 1, Fig. 5A and 5B), the rotating platform connected to the motion stabilizer handle via a rotating post ([0042], Fig, 1, Fig. 2, Fig. 3A, Fig 5A, Fig. 5B, Each of the motive elements may be servo motors (rotating platform) end effector coupling 305, which is configured to couple with the adaptor 105) a rotation axis of the rotating post being orthogonal to a length axis of the motion stabilizer handle (Fig. 1, Fig. 2, Fig. 5A and 5B,[0042], [0046], the adaptor 105. As seen in FIG. 5A, the applicator receiving end 501 may be a female threaded screw coupling having a size configured to receive the applicator, while the device receiving end 502 may be a female threaded screw coupling having a different size configured to attach to the coupling element 305 of the device), the strap (strap 103) configured to secure an object to the rotating platform and the motion stabilizer handle (Fig. 1).
Regarding claims 11 and 19, Lee discloses the adjustable coupler (a connection component 521) includes an accelerometer electrically connected to the processing circuitry, and the processing circuitry is further configured to determine the arrangement of the motion stabilizer handle via the accelerometer ([0037-[0042], The motion stabilizing device may include a circuit board 411 containing sensors, a controller and motors that control movement of the connection component 405 relative to the movement of a detected. The leveling device may include a circuit board 511containing sensors, a controller and motors that control movement of a connection component 521 to keep it level over a range of motion of the leveling device. The inertial sensor in the sensor circuitry is a sensor including but not limited to an accelerometer, gyroscope, or combination of the two).
Regarding claims 12 and 20, Lee discloses the adjustable coupler (a connection component 521) includes a gyroscope electrically connected to the processing circuitry, and the processing circuitry is further configured to determine the arrangement of the motion stabilizer handle via the gyroscope ([0037-[0042], The motion stabilizing device may include a circuit board 411 containing sensors, a controller and motors that control movement of the connection component 405 relative to the movement of a detected. The leveling device may include a circuit board 511containing sensors, a controller and motors that control movement of a connection component 521 to keep it level over a range of motion of the leveling device. The inertial sensor in the sensor circuitry is a sensor including but not limited to an accelerometer, gyroscope, or combination of the two).
Citation Pertinent prior art
3. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lockhart (US 12035796 B1) discloses a cosmetic container that provides for touchless opening and closing of said cosmetic container is disclosed. In some embodiments the cosmetic container includes a controller, one or more motion sensors, a power source, a button, a plurality of compartments, a plurality of hinges, and a handle. In alternative embodiments, the cosmetic container includes a casing, a controller, one or more motion sensors, a power source, and a button.
Beck et al. (US 5107870 A ) discloses a dual cosmetic applicator and container for applying cosmetics, especially mascara, to the eyelashes. A cosmetic container is provided with two open ends, each end capable of receiving a cosmetic applicator. Each cosmetic applicator is a rod which is provided with a brush or a set of bristles at the end thereof which is designed to be inserted into an open end of the cosmetic container.
Wong et al. (US 20120067364 A1) discloses facial make-up application machine is provided, which includes a base, a robot, a cosmetics provider, and a control device. The control device can control the robot to move the cosmetics provider to a make-up application position in order to spray or apply cosmetic materials to a contour corresponding to a human face.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for allthat it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed wereinstead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1 009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. Biocraft Labs., Inc., 874 F.2d804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1, 215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163USPQ 545, 549 (CCPA 1969).
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed Kidest Worku whose telephone number is 571-272-3737. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ali Mohammad can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIDEST WORKU/Primary Examiner, Art Unit 2119
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