Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Applicant’s submission filed 10/6/25 has been entered. Claims 3-5, 13-14, 19-20 are cancelled. Claims 21-23 are new. Claims 1, 2, 6-12, 15-18, 21-23 are presented for examination.
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.
STEP 1
Are the claims directed to a process, machine, manufacture or composition of matter?
Claims 1, 2, 6-12, 15-18, 21-23 are all directed to a statutory category (e.g., a process, machine, manufacture, or composition of matter). The answer is YES.
STEP 2A. Prong 1
The claims disclose the abstract idea generating tailored haircut treatments.
Exemplary claim 1 recites the following abstract concepts that are found to include “abstract idea”:
“receiving, [..] first user input regarding a hair salon service to be performed;
based on the hair salon service to be performed, identifying, […], a first amount of a first ingredient and a second amount of a second ingredient, resulting in a combination of ingredients for the hair salon service, and an application time for the combination of ingredients;
based on a first measurement […], dispensing, [..] the first amount of the first ingredient;
based on a second measurement […], dispensing, [..] the second amount of the second ingredient;
identifying, […], service information comprising:
an actual amount of the combination of ingredients used for the hair salon service
an actual application time that the combination of ingredients was applied, and
result information corresponding to a result of the hair salon service; wherein the result information comprises a comparison of a first hair condition of the salon user before the hair salon service to a second hair condition of the salon user after performance of the hair salon service; [[and]] based on a difference between an expected hair condition and the result of the hair salon service, updating the recipe information, wherein the expected hair condition is identified based on the combination of ingredients, the hair salon service, the actual application time, and the characteristic of the hair stylist; and
storing [..] in a service recipe system, recipe information corresponding to the hair salon service, the first amount of the first ingredient, the second amount of the second ingredient, the actual application time, and the result information.”
The remaining limitations are no more than computer elements (i.e., salon equipment comprising a processor) to be used as a tool to perform this abstract idea.
The recited limitations cover a process that, under its broadest reasonable interpretation, covers subject matter viewed as a certain method of organizing human activity with the additional recitation of generic computer components. For example, but for the “by a salon equipment” language, “receiving, identifying dispensing identifying storing” in the context of this claim encompasses the user manually receiving the order, combine the ingredients, identifying the mount of ingredients used and storing the information.
The practice of receiving, identifying, dispensing, identifying storing data is a commercial or legal interaction long prevalent in our system of commerce. The claims recite the idea of performing various conceptual steps generically resulting in the creation of a recipe. As determined earlier, none of these steps recites specific technological implementation details, but instead get to this result by receiving, selecting and determining data. Thus, the claims are directed to a certain method of organizing human activity
STEP 2A, Prong 2
Are there additional elements or a combination of elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception?
The claim recites: a processor and an automatic liquid dispensing pump is used to dispense the ingredients.
The pump and the processor in the steps are recited at a high level of generality, i.e., as a generic processor performing a generic computer function of processing data. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component.
Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
The claim is directed to an abstract idea.
STEP 2B
The next issue is whether the claims provide an inventive concept because the additional elements recited in the claims provide significantly more than the recited judicial exception. Taking the claim elements separately, the function performed by the computer system at each step of the process is purely conventional. The claim does not 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 processor to perform the steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Considered as an ordered combination, the computer components of Applicants' claims add nothing that is not already present when the steps are considered separately. The claimed invention does not focus on an improvement in computers as tools, but rather certain independently abstract ideas that use computers as tools. {Elec. Power, 830 F.3d at 1354). (Step 2B: NO).
There is no indication that indication that the processor is anything other than a generic, off-the-shelf computer component, and the Symantec, TLI, and OIP Techs. Court decisions cited in MPEP 2106.05(d)(II) indicate that mere collection or receipt of data over a network is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is here).
--Independent claims 9and 16 recite similar limitations as claim 1 and are therefore rejected under the same rationale.
--The dependent claims when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitations fail to establish that the claims are not directed to an abstract idea. The claims provide minimal technical structure or components for further consideration either individually or as ordered combinations with the independent claims. As such, additional recited limitations in the dependent claims only refine the identified abstract idea further. Further refinement of an abstract idea does not convert an abstract idea into something concrete.
Accordingly, a conclusion that the collecting step is well-understood, routine, conventional activity is supported under Berkheimer Option 2.
See MPEP 2106.05(d)(II) The courts have recognized the following computer functions as well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. A VAuto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350,1355,112 USPQ2d 1093,1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hoteis.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial,Vne claims at issue here specify how interactions with the Internet are manipulated to yield a desired result-a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added));
iv. Storing and retrieving information in memory, VersataDev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306,1334,115 USPQ2d 1681,1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363,115 USPQ2d at 1092-93.
The claims are ineligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 6-9, 11, 12, 15, 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Saranow et al. (US 20130123973 A1), in view of Wong et al. ( US 6565615 B1), in further view of Inzinna (US 20060033907 A1).
Re-claim 1, Saranow et al. teach a method, comprising:
--receiving, by salon equipment comprising a processor, first user input of a salon user regarding a hair salon service to be performed on the salon user;
(see e.g.[0295] Thus, a client may enter a salon in California and ask for the most common hair coloring service in Europe.
[0189] This service is needed when […] the client has requested a change of color.
[0194] In addition, the data input for the boxes or matrix can be based on other customer characteristics or services requested.
--based on the hair salon service to be performed, and a characteristic of a hair stylist, identifying, by the salon equipment, a first amount of a first ingredient and a second amount of a second ingredient, resulting in a combination of ingredients for the hair salon service, and an application time for the combination of ingredients; --based on a first measurement by an automatic powdered ingredient dispenser, dispensing, by the salon equipment, the first amount of the first ingredient;
based on a second measurement by an automatic liquid dispensing pump, dispensing, by the salon equipment, the second amount of the second ingredient;
(see e.g. [0010] In another embodiment, a method is provided for preparing a hair dye mixture. The method includes having a scale and control system in communication with each other. The control system provides for a memory and a display, wherein the memory contains a formula defining instructions for blending a hair dye mixture. The method displays the instructions on the display. The user may then view the display of instructions and then adds to a receptacle on the scale, colorant(s) and dye blending material(s) in accordance with the instructions by using hair color manufacturers' standardized packaging, such that non-standardized or specialized packaging of colorants and/or dye blending materials are not required.
[0355] As shown, the client formula may be selected based on the client, the colorist, the time, or other information.
[0213] An expert user may be able to access both previously created formulas and be given the ability to create a new formula from scratch without any oversight. Thus, the color preparation and management system and method enables, for example, novice hair stylists to produce exact color shades, while experienced colorists can easily create, document, and store new custom formulas.)
--identifying, by the salon equipment, service information comprising: --an actual amount of the combination of ingredients used for the hair salon service and result information corresponding to a result of the hair salon service; and
(see e.g. [0012] Yet in other aspects, the color management system may adjust the formulation of a mixture upon receiving an input on a total amount of mixture required or a strength of the mixture. Yet further aspects provide for receiving an input that the mixture is a custom color, the custom color software acts to display a listing of components and blending materials, activates indicator(s) for particular selected component(s), monitors a separate amount and a total amount of the components placed in the bowl or other container, and stores a formulated mixture upon receiving an input that the mixture is accepted and completed.)
[0264] . However, through experience, the user may prefer a different conversion. For example, instead of a 10% reduction in the amount for developer Z, the user may find a 10% increase works better. Therefore, in some embodiments, the user may modify the newly converted formula using the methods described herein (e.g., navigating to the "Modify Formula" screen 2880 using the GUI, such as the one shown in FIG. 28J). In other embodiments, the user may temporarily (e.g., stylist, supervisor, or administrator) or permanently (e.g., supervisor or administrator but not a stylist) modify a mathematical conversion. By modifying the mathematical conversion from 90% to 110% for developer C to developer Z using the GUI, the color preparation and management system and method would create a newly converted formula from color system 1 to 2 results in 9 parts of colorant X, 6 parts of colorant Y, and 33 parts of developer Z.
[0245] The color preparation and management system and method may also analyze the client data to determine relevant before and after pictures to display to the user.
--storing, by the salon equipment, in a service recipe system, recipe information corresponding to the hair salon service, the first amount of the first ingredient, the second amount of the second ingredient, … and the result information.
(see e.g. [0109] (r) when all ingredients have been added, the operator will be prompted to remove the mixing bowl, Box 550 (A database record is created with the precise amount of each ingredient dispensed and the record is stored in the history file (Box 555). A record containing the color name, amount, time and date is created and can be passed to the salon management software package, and the salon management software package is then able to attach the information as a note to the custom record file.);
[0084] The system maintains customer histories, so customer formulations can be precisely repeated time after time; using the system, even custom formulations are recorded for future reference;
Saranow et al. do not explicitly teach the following limitations as claimed.
However, Wong et al. teach --identifying, by the salon equipment, service information comprising: --an actual application time that the combination of ingredients was applied, and result information corresponding to a result of the hair salon service; and
--storing, by the salon equipment, in a service recipe system, recipe information corresponding to the hair salon service, …. the actual application time, and the result information.
(see e.g. col. 8, lines 36 -43 --Table 1 records the color results on gray hair when a dye component of Table 1 was mixed with a developer of Table 2 in a 1 to 1 ratio, and the resultant dye composition was applied to human hair for 30 minutes employing the usual procedures for human hair dyeing.
col. 6, lines 24-29- The dye and developer components of the compositions of this invention may be prepared in any of the usual formats, such as liquids, lotions, gels and the like. It is of course important that the compositions applied to the hair have and maintain sufficient viscosity to stay on the hair during the coloring procedure.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Saranow et al., and include the steps cited above, as taught by Wong et al., so that the desired hair color can be attained (see e.g. see e.g. col. 8, line 34).
Saranow et al., in view of Wong et al., do not explicitly teach the following limitations as claimed.
However, Inzinna teaches --wherein the result information comprises a comparison of a first hair condition of the salon user before the hair salon service to a second hair condition of the salon user after performance of the hair salon service;
(see e.g. [0063] In step 508 of process 500, the hair stylist formulates the mixtures and applies the formula to the hair in compliance with the instructions from the database in step 506.
[0064] In step 516 of process 500, a comparison is made of the color achieved versus the target color of step 504. If the target haircolor is achieved, the process ends.)
based on a difference between an expected hair condition and the result of the hair salon service, updating the recipe information,
(see e.g. [0063] If the target haircolor is not achieved, the now current haircolor is determined in step 518, and the process returns to step 506 (the process loop) where the database is queried to identify a formula and process that is unique to the now current haircolor and the target haircolor. In one embodiment, the process loop is repeated to correct for any discrepancies between the achieved and the target color. In another embodiment, the process loop is not repeated, but lesser corrective measures are taken.)
[0068] In some embodiments of the present invention, the formula database 300, and/or the haircolor formulating software 100 can be updated, modified, and added to through interaction with a Web server 650. The Web server 650 may contain additional haircolor formulas, improved haircolor formulas, manufacturer notes, stylist notes, client information, and the like.)
wherein the expected hair condition is identified based on the combination of ingredients, the hair salon service, the actual application time
(see e.g. [0040] Returning to FIG. 1, various data sources are used by the haircolor formulating software 100 to determine the optimal haircolor formulas and process steps required to meet a specific target haircolor.
[0048] At times, it may be desirable to modify and customize the formulas that are provided through the haircolor formulating software 100. These modifications and customizations are at times required by the stylist. ---- The outcome of the database query or database lookup 200 are data output results that can be used by the hair stylist or another professional to perform the haircoloring process in such a way that the expected outcome is achieved as specified by the target color functional block 340.
[0052] In functional block 400, formula results, the formula of the coloring agents is provided through an output device such as a printer or a graphical user interface (GUI), as is commonly known to one skilled in the art. The formula contains information such as the volume or mass of each constituent coloring agent that must be combined to achieve the desired target color. The formula results functional block 400 also contains a description of the number of steps required in the application of the coloring agents, the time of application of the coloring agents, and other information that may be useful or required by the hair stylist.
0060]. As will be apparent to one of ordinary skill in the art, this database is constructed so as to incorporate the experience of one highly skilled in the art of haircoloring. By utilizing the vast knowledge contained within this database, a novice in the art will be able to produce a haircolor formula with greater accuracy and quality. In one embodiment, this database comprises formula data for one color line. In another embodiment, this database comprises processing steps for using formula data (i.e. application times, etc.). In yet another embodiment, the database comprises both formula data and processing steps.
[0065] For each of the natural color levels provided in the database listing, a haircolor formula and application times are provided. These haircolor formulas and times are specific to each haircolor manufacturer, and may include modifications and improvements thereof.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Saranow et al., in view of Wong et al., and include the steps cited above, as taught by Inzinna, in order to combine the manufacturer's product information and formula guidance with a knowledge base gained through actual field experience by hair stylists and professionals to improve the accuracy and quality of the haircoloring process (see e.g. [0057]).
Re-claims 6-7, Saranow et al., in view of Wong et al., do not explicitly teach the limitation as claimed.
However, Inzinna teaches ---The method of claim 1, wherein the updating of the recipe information is based further on feedback regarding the second hair condition, wherein the feedback is received from sources comprising the hair stylist and the salon user. -- The method of claim 6, wherein the recipe information is updated further based on client information of the client, relevant to use of the combination of ingredients and the hair salon service.
(see e.g. [0047] Formula notes 370 may also be presented to the stylist through the user interface. The formula notes 370 may contain information from the manufacturer about a specific haircoloring product, process or formula. In other embodiments of the present invention, the formula notes 370 may contain information from another stylist or haircolor professional about a specific haircoloring product, process, or formula. In other embodiments of the present invention, the formula notes 370 may contain information from a stylist or a client.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Saranow et al., in view of Wong et al., and include the steps cited above, as taught by Inzinna, in order to combine the manufacturer's product information and formula guidance with a knowledge base gained through actual field experience by hair stylists and professionals to improve the accuracy and quality of the haircoloring process (see e.g. [0057]).
Re-claim 8, Saranow et al. teach the method of claim 1, wherein the hair salon service comprises a first hair salon service and the combination of ingredients comprises a first combination, and wherein the method further comprises:
based on a second hair salon service to be performed, retrieving, by the salon equipment, the recipe information from a salon service data system; based on the recipe information, identifying, by the salon equipment, a third amount of the first ingredient and a fourth amount of the second ingredient, resulting in a second combination of ingredients for the second hair salon service;
(see e.g. [0117] It is then possible for the blending control software to know the amount of mixture actually used by the user or stylist during application. The client's master formula can then be adjusted to the actual amount used, and if necessary, an additional amount can be added for a defined safely factor, such as a 5% or 10%. On subsequent client visits, the re-scaled master formula, combined with the precision measurement capabilities of the blending control software, virtually eliminates product waste.
The following limitations are anticipated by Saranow et al. as follows:
--based on a third measurement by the automatic powdered ingredient dispenser, dispensing, by the salon equipment, the first amount of the first ingredient;
--based on a fourth measurement by the automatic liquid dispensing pump, dispensing, by the salon equipment, the second amount of the second ingredient; and
(see e.g. [0117] In this embodiment, when an end weight of the mixture, defined to be the final weight of the mixture previously prepared minus an amount used by a user, is positioned on the scale and when the control apparatus receives a recalculation signal, a blending control software calculates the amount used, recalculates the mixture based on the amount used, and stores a new mixture for subsequent use. This helps reduce and eliminates extra waste.
based on the recipe information, generating a service order for application of the second combination of ingredients.
(see e.g. [0118] [0081] On return visits, information stored would be available to precisely re-create the mixture.
One of ordinary skill would keep track of the formula used for a specific application/client because as taught by Saranow et al. “This concept revolutionizes the way a mixture is produced, and especially when applied to salons. It replaces a messy, uncontrolled mixing process with an easy-to-use, guided process to produce the exact mixture (such as an exact color of hair dye) time after time.” See e.g. [0117].
Claim 9 recites similar limitations as claims 1 and 6, and is therefore rejected under the same arts and rationale.
Re-claim 11, Saranow et al., do not teach the limitations as claimed.
However, Wong et al. teach the salon device of claim 9, wherein the result information comprises a period of time that the combination of ingredients were in contact with hair to facilitate performance of the hair salon service.
(see e.g. col. 8, lines 36 -43 --Table 1 records the color results on gray hair when a dye component of Table 1 was mixed with a developer of Table 2 in a 1 to 1 ratio, and the resultant dye composition was applied to human hair for 30 minutes employing the usual procedures for human hair dyeing.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Saranow et al., and include the steps cited above, as taught by Wong et al., so that the desired hair color has been attained (see e.g. see e.g. col. 8, line 34).
Re-claims 12, 15, Saranow et al., in view of Wong et al., do not explicitly teach the limitation as claimed.
However, Inzinna teaches --- 12.The salon device of claim 9, wherein the result information further comprises client information applicable to the salon user, relevant to use of the combination of ingredients and the hair salon service.
(see e.g. [0068] In some embodiments of the present invention, the formula database 300, and/or the haircolor formulating software 100 can be updated, modified, and added to through interaction with a Web server 650. The Web server 650 may contain additional haircolor formulas, improved haircolor formulas, manufacturer notes, stylist notes, client information, and the like.
[0077] Referring now to FIG. 9, a data relationship diagram 900 is illustrated. Client information 310, as previously described by way of FIG. 1, in one embodiment of the present invention, further contains saved formulas 930 that have either been applied to a client's hair, or have been suggested to a client. In one embodiment of the present invention, the haircolor formulas may include modifications, customizations, and the like. These data provide historical information that can be used by a stylist to better serve a client and also, in some embodiments of the present invention, the saved formulas 930 may be used to increase and improve the knowledge base of the haircolor formula database 300. The base formulas 920 may include, in some embodiments of the present invention, haircolor formulas, as they originally appear in the haircolor formula database 300.
[0078] Turning now to FIG. 10, a screenshot of a client information screen 1020 is depicted on a pocket personal computer 1010. The screenshot illustrates a graphical user interface according to one embodiment of the present invention, and shows data fields, for example, first name, last name, address, city, state, zip code, home phone, mobile phone, notes, and the like. Variations and changes to the screenshot of a client information screen 1020 may be made by one skilled in the art, and fall within the spirit and broad scope of this invention.)
15. The salon device of claim 9, wherein the feedback was received from sources comprising at least one of, the hair stylist and or the salon user a client to whom the hair salon service was applied.
(see e.g. [0047] Formula notes 370 may also be presented to the stylist through the user interface. The formula notes 370 may contain information from the manufacturer about a specific haircoloring product, process or formula. In other embodiments of the present invention, the formula notes 370 may contain information from another stylist or haircolor professional about a specific haircoloring product, process, or formula. In other embodiments of the present invention, the formula notes 370 may contain information from a stylist or a client.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Saranow et al., in view of Wong et al., and include the steps cited above, as taught by Inzinna, in order to provide historical information that can be used by a stylist to better serve a client (see e.g. [0077]).
Re-claims 21. Saranow et al., in view of Wong et al., do not explicitly teach the limitation as claimed.
However, Inzinna teaches --The method of claim 1, wherein the characteristic of the hair stylist that identifies the combination of ingredients for the hair salon service, and the application time for the combination of ingredients comprises at least one of:
-a first characteristic obtained from an employment record of the hair stylist,
-a second characteristic obtained from a public record applicable to the hair stylist,
-a third characteristic obtained from another hair stylist,
-a fourth characteristic comprising an amount of experience of the hair stylist generally,
-a fifth characteristic comprising an amount of experience that the hair stylist has performing the hair salon service,
-a sixth characteristic comprising an amount of experience that the hair stylist has performing services for a salon user that provided the first user input,
-a seventh characteristic comprising an education level of the hair stylist, or
-an eighth characteristic comprising an amount of experience that the hair stylist has performing services on hair of a type similar to the salon user.
(see e.g. [0047] In other embodiments of the present invention, the formula notes 370 may contain information from another stylist or haircolor professional about a specific haircoloring product, process, or formula. In other embodiments of the present invention, the formula notes 370 may contain information from a stylist or a client.
[0055] The listing of suggested products is determined in part by manufacturer and stylist recommendations that are contained in the formula database 300, and are often dependent on the color line 360.
[0057] The haircolor formulating software 100 combines the manufacturer's product information and formula guidance with a knowledge base gained through actual field experience by hair stylists and professionals to improve the accuracy and quality of the haircoloring process.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Saranow et al., in view of Wong et al., and include the steps cited above, as taught by Inzinna, in order to continually improve and refine of the haircolor formulas contained in the formula database and create a so-called "expert system" or knowledge base that can exceed the knowledge and skill level of an individual expert hair stylist. (see e.g. [0039]).
Re-claims 22. Saranow et al., in view of Wong et al., do not explicitly teach the limitation as claimed.
However, Inzinna teaches -- The method of claim 21, wherein the identifying of the combination of ingredients for the hair salon service, and the application time for the combination of ingredients is based further on a user characteristic of the salon comprising at least one of:
--a first user characteristic comprising a previous hair salon service previously performed on the salon user,
-- a second user characteristic comprising a satisfaction level applicable to the previous hair salon service, or
--a third user characteristic comprising a resulting color of hair applicable to the previous hair salon service.
(see e.g. [0053] The haircoloring chemical compositions contained under the refreshing options functional block 410 are typically used for the treatment and correction of faded ends of hair that have changed color from a previous application of haircoloring agents.
[0009] One may wish to change haircolor from a non-natural haircolor to a different color (i.e. a "retouch"). In any or all of these application types, one should preferably identify a number of properties of the hair prior to applying the haircolor. Such properties include, but are not limited to, starting color (either natural or non-natural), hair texture, tenacity, porosity, percentage of gray, previous haircoloring history, and the like.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Saranow et al., in view of Wong et al., and include the steps cited above, as taught by Inzinna, because previous coloring of hair can complicate the re-coloring process, as previous haircolor as well as the natural haircolor must be taken into consideration. (see e.g. [0015]).
Re-claims 23. Saranow et al., in view of Wong et al., do not explicitly teach the limitation as claimed.
However, Inzinna teaches --the method of claim 22, wherein the expected hair condition is identified based further on the user characteristic.
(see e.g. [0039] –[0041] In one embodiment of the invention, client information 310 is entered through a user interface such as a graphical user interface (GUI) that is commonly known to one skilled in the art. The client information 310 contains personally identifiable information about the client such as name, address, telephone numbers, past haircolor formulas used, information related to a client's hair attributes and properties, and other information that may be necessary to the operation of a salon or other such establishment that performs or is involved with haircoloring services. This specific client information 310 may be used to assist in the formulation of haircoloring agents and processes, and may also be used for other purposes related to the operation of the haircolor related business.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Saranow et al., in view of Wong et al., and include the steps cited above, as taught by Inzinna, in order to meet the specific needs of a client (see e.g. [0039]).
Claims 2, 10, 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Saranow et al. (US 20130123973 A1), in view of Wong et al. ( US 6565615 B1), in view of Inzinna (US 20060033907 A1), in further view of Driessen et al. (US 20070084520 A1).
Re-claim 2, Saranow et al., in view of Wong et al., in view of Inzinna, do not explicitly teach the limitation as claimed.
However, Driessen et al. teach the method of claim 1, wherein the hair salon service comprises a hair coloring service, wherein the first ingredient comprises a powdered hair color ingredient, and wherein the second ingredient comprises a liquid color developer solution.
(see e. g . [0008] Coloring products may also be customized for curly hair, thin hair, afro, etc. Mixing ratios of the colorant and developer can vary greatly depending upon the desired effect.
[0136] Turning first to FIGS. 1 and 2, an apparatus 10 for dispensing a plurality of different fluids, such as components of hair dyes, paints, paint colorants, nail polish, shampoos, foundations, medicaments and other multiple component liquids is illustrated. The disclosed apparatus 10 can be used for dispensing numerous recipes of these types of products and, because of its compact and aesthetically pleasing design, can be located in a retail environment, such as hair salons and spas.
[0023] In a refinement, the formulas for a hair dye or a cosmetic application.
Abstract - The routine is a fast and efficient means for gravimetrically dispensing each ingredient of a multiple ingredient formula and is applicable to liquid and powder ingredients.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Saranow et al., in view of Wong et al., in view of Inzinna, and include the steps cited above, as taught by Driessen et al., because in order to satisfy the needs of today's time pressured and time conscious consumers, there is a need for an improved dispensing methodology that provides for faster dispense times for multiple ingredient formulations where the ingredients may be liquid or powder or a combination of liquids and powders. (see e.g. [0013]).
Claim 10 recites similar limitations as claim 2 and is therefore rejected under the same arts and rationale.
Claim 16 recites similar limitations as claims 1, 6 and 2, and is therefore rejected under the same arts and rationale.
Claim 17 recites similar limitations as claim 2 and is therefore rejected under the same arts and rationale.
Claim 18 recites similar limitations as claim 7 and is therefore rejected under the same arts and rationale.
Response to Arguments
Applicant's arguments filed 10/06/25 have been fully considered but they are not persuasive.
1.The claims, as amended, do not overcome the 101 rejection. The addition of “the characteristic of the stylist, and the updating of the recipe based on a difference between hair conditions” does not alter the abstract nature of the claims and does not add an inventive component that renders the claims patentable.
2. The characteristic of the stylist, added and argued by Applicant, is taught by Inzinna.
3.The reference Fukuhara is no longer relied upon to teach the limitations.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/LUNA CHAMPAGNE/Primary Examiner, Art Unit 3627 March 10, 2026