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 .
Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 9-13, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown et al. (US 20220225747 A1).
As per claim 1, Brown discloses a non-transitory computer-readable medium having stored thereon instructions configured to, when executed by one or more computing devices of a computer system, cause the computer system to perform operations comprising:
obtaining digital image data of hair of a live subject (Brown e.g., Fig. 9, [0145]);
providing the digital image data to a style recommendation engine of the computer system (Brown [0055] Initial hair color scanned from image of client’s hair.);
determining, by the style recommendation engine of the computer system, color of the hair of the live subject based on the digital image data (Brown [0058] Color analysis module identifies color of scanned client’s hair.); and
executing a machine learning model of the style recommendation engine using the color of the hair of the live subject as input to generate a style profile as output (Brown [0100] The system may use artificial intelligence and machine learning processes to organize and analyze the prior client data and then run instructions to identify corresponding characteristics from the database of prior hair characteristics and use the information from the database with instructions to determine the proper protocols and composition to place on the client's hair to reach the target desired hair color.), wherein the style profile comprises parameters configured to control discharge of one or more components of a hair coloring formulation by a formulation dispensing system of a hair coloring device (Brown [0062]-[0064]).
As per claim 2, Brown discloses the non-transitory computer-readable medium of Claim 1, wherein the style profile generated by the machine learning model further comprises a pattern of hair coloring, and wherein the parameters are further configured to modulate discharge of the one or more components to color the hair of the live subject according to the pattern (Brown [0069]).
As per claim 3, Brown discloses the non-transitory computer-readable medium of Claim 1, wherein the style profile generated by the machine learning model further comprises one or more custom components of the hair coloring formulation (Brown [0069] Dye formulation.).
As per claim 4, Brown discloses the computer-readable medium of Claim 1, the operations further comprising determining length or texture of the hair of the live subject, wherein the executing of the machine learning model uses the length or texture of the hair as additional input to generate the style profile as output (Brown [0069] Neural network trained on prior target texture data evaluates input client data to output target texture for client.).
As per claim 9, Brown discloses the computer-readable medium of Claim 1, wherein determining the color of the hair of the live subject based on the digital image data comprises: executing a machine learning model of the style recommendation engine using the digital image data as input to generate the determined color of the hair as output (Brown [0069]).
As per claim 10, Brown discloses a computer-implemented method executed by one or more computing devices of a computer system, the method comprising:
obtaining digital image data of hair of a live subject (Brown e.g., Fig. 9, [0145]);
providing the digital image data to a style recommendation engine of the computer system (Brown [0055] Initial hair color scanned from image of client’s hair.);
determining, by the style recommendation engine of the computer system, color of the hair of the live subject based on the digital image data (Brown [0058] Color analysis module identifies color of scanned client’s hair.); and
executing a machine learning model of the style recommendation engine using the color of the hair of the live subject as input to generate a style profile as output (Brown [0100] The system may use artificial intelligence and machine learning processes to organize and analyze the prior client data and then run instructions to identify corresponding characteristics from the database of prior hair characteristics and use the information from the database with instructions to determine the proper protocols and composition to place on the client's hair to reach the target desired hair color.), wherein the style profile comprises parameters configured to control discharge of one or more components of a hair coloring formulation by a formulation dispensing system of a hair coloring device (Brown [0062]-[0064]).
As per claim 11, Brown discloses the method of Claim 10, wherein the style profile further comprises a pattern of hair coloring, and wherein the parameters are further configured to modulate discharge of the one or more components to color the hair of the live subject according to the pattern (Brown [0069]).
As per claim 12, Brown discloses the method of Claim 10, wherein the style profile generated by the machine learning model comprises one or more custom components of the hair coloring formulation (Brown [0069] Dye formulation.).
As per claim 13, Brown discloses the method of Claim 10 further comprising determining length or texture of the hair of the live subject, wherein the executing of the machine learning model uses the length or texture of the hair as additional input to generate the style profile as output (Brown [0069] Neural network trained on prior target texture data evaluates input client data to output target texture for client.).
As per claim 18, Brown discloses the method of Claim 10, wherein determining the color of the hair of the live subject based on the digital image data comprises: executing a machine learning model of the style recommendation engine using the digital image data as input to generate the determined color of the hair as output (Brown [0069]).
As per claim 19, Brown discloses a hair coloring device, comprising:
a formulation dispensing system (Brown Fig. 1 and associated text.); and
computational circuitry configured to: receive a style profile comprising parameters configured to control discharge of one or more components of a hair coloring formulation by the formulation dispensing system (Brown [0062]-[0064]); and
operate the formulation dispensing system according to the style profile, wherein the style profile is generated as output of a machine learning model of a style recommendation engine (Brown [0062]-[0064]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5-8, 14-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al. (US 20220225747 A1) in view of Xing et al. (US 20230232965 A1).
As per claim 5, Brown teaches the limitations of claim 1 as discussed above. Brown does not explicitly disclose, however Xing discloses the operations further comprising obtaining environmental data associated with the environment of the live subject, wherein the executing of the machine learning model uses the environmental data as additional input to generate the style profile as output (Xing [0142-145] Environmental data including humidity and temperature.).
Each of Brown and Xing are directed to hair coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add Xing’s features to Brown with the motivation to more accurately and consistently color hair.
Furthermore, all of the claimed elements were known in the prior art of Brown and Xing and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per claim 6, Brown teaches the limitations of claim 5 as discussed above. Brown does not explicitly disclose, however Xing discloses wherein the environmental data includes temperature data, humidity data, or a combination thereof (Xing [0142-145] Environmental data including humidity and temperature.).
Each of Brown and Xing are directed to hair coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add Xing’s features to Brown with the motivation to more accurately and consistently color hair.
Furthermore, all of the claimed elements were known in the prior art of Brown and Xing and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per claim 7, Brown teaches the limitations of claim 1 as discussed above. Brown does not explicitly disclose, however Xing discloses the operations further comprising: obtaining sensor information from the hair coloring device during a hair coloring operation; and modifying the discharge of the one or more components based on the sensor information (Xing [0073] "Based upon position signals received from the position sensor of the formulation delivery device, the calibration engine 316 and/or the formulation delivery device records the calibration locations. Then, the calibration engine 316 and/or the formulation delivery device adjusts one or more user-specific routines based upon the recorded calibration locations. In some embodiments, this adjustment step includes adjusting a spatial limit and/or a temporal duration of one or more formulation routines stored in the formulation routine engine)"; [0135] "the formulation delivery device 104 transmits information regarding application of the dispensed formulation products to the usage analysis system 702. [...] the information regarding application of the dispensed formulation products may be processed information (e.g., three-dimensional position information derived from the signals generated by the position sensor 216).
Each of Brown and Xing are directed to hair coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add Xing’s features to Brown with the motivation to more accurately and consistently color hair.
Furthermore, all of the claimed elements were known in the prior art of Brown and Xing and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per claim 8, Brown teaches the limitations of claim 7 as discussed above. Brown does not explicitly disclose, however Xing discloses wherein the sensor information comprises position sensor data, and wherein modifying the discharge of the one or more components based on the sensor information comprises: calculating, based on the position sensor data, a position of the hair coloring device relative to the hair of the live subject; and modifying the discharge of the one or more components based on the calculated position (Xing [0073] "Based upon position signals received from the position sensor of the formulation delivery device, the calibration engine 316 and/or the formulation delivery device records the calibration locations. Then, the calibration engine 316 and/or the formulation delivery device adjusts one or more user-specific routines based upon the recorded calibration locations. In some embodiments, this adjustment step includes adjusting a spatial limit and/or a temporal duration of one or more formulation routines stored in the formulation routine engine)"; [0135] "the formulation delivery device 104 transmits information regarding application of the dispensed formulation products to the usage analysis system 702. [...] the information regarding application of the dispensed formulation products may be processed information (e.g., three-dimensional position information derived from the signals generated by the position sensor 216).
Each of Brown and Xing are directed to hair coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add Xing’s features to Brown with the motivation to more accurately and consistently color hair.
Furthermore, all of the claimed elements were known in the prior art of Brown and Xing and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per claim 14, Brown teaches the limitations of claim 10 as discussed above. Brown does not explicitly disclose, however Xing discloses the operations further comprising obtaining environmental data associated with the environment of the live subject, wherein the executing of the machine learning model uses the environmental data as additional input to generate the style profile as output (Xing [0142-145] Environmental data including humidity and temperature.).
Each of Brown and Xing are directed to hair coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add Xing’s features to Brown with the motivation to more accurately and consistently color hair.
Furthermore, all of the claimed elements were known in the prior art of Brown and Xing and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per claim 15, Brown teaches the limitations of claim 14 as discussed above. Brown does not explicitly disclose, however Xing discloses wherein the environmental data includes temperature data, humidity data, or a combination thereof (Xing [0142-145] Environmental data including humidity and temperature.).
Each of Brown and Xing are directed to hair coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add Xing’s features to Brown with the motivation to more accurately and consistently color hair.
Furthermore, all of the claimed elements were known in the prior art of Brown and Xing and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per claim 16, Brown teaches the limitations of claim 10 as discussed above. Brown does not explicitly disclose, however Xing discloses the operations further comprising: obtaining sensor information from the hair coloring device during a hair coloring operation; and modifying the discharge of the one or more components based on the sensor information (Xing [0073] "Based upon position signals received from the position sensor of the formulation delivery device, the calibration engine 316 and/or the formulation delivery device records the calibration locations. Then, the calibration engine 316 and/or the formulation delivery device adjusts one or more user-specific routines based upon the recorded calibration locations. In some embodiments, this adjustment step includes adjusting a spatial limit and/or a temporal duration of one or more formulation routines stored in the formulation routine engine)"; [0135] "the formulation delivery device 104 transmits information regarding application of the dispensed formulation products to the usage analysis system 702. [...] the information regarding application of the dispensed formulation products may be processed information (e.g., three-dimensional position information derived from the signals generated by the position sensor 216).
Each of Brown and Xing are directed to hair coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add Xing’s features to Brown with the motivation to more accurately and consistently color hair.
Furthermore, all of the claimed elements were known in the prior art of Brown and Xing and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per claim 17, Brown teaches the limitations of claim 1 as discussed above. Brown does not explicitly disclose, however Xing discloses wherein the sensor information comprises position sensor data, and wherein modifying the discharge of the one or more components based on the sensor information comprises: calculating, based on the position sensor data, a position of the hair coloring device relative to the hair of the live subject; and modifying the discharge of the one or more components based on the calculated position (Xing [0073] "Based upon position signals received from the position sensor of the formulation delivery device, the calibration engine 316 and/or the formulation delivery device records the calibration locations. Then, the calibration engine 316 and/or the formulation delivery device adjusts one or more user-specific routines based upon the recorded calibration locations. In some embodiments, this adjustment step includes adjusting a spatial limit and/or a temporal duration of one or more formulation routines stored in the formulation routine engine)"; [0135] "the formulation delivery device 104 transmits information regarding application of the dispensed formulation products to the usage analysis system 702. [...] the information regarding application of the dispensed formulation products may be processed information (e.g., three-dimensional position information derived from the signals generated by the position sensor 216).
Each of Brown and Xing are directed to hair coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add Xing’s features to Brown with the motivation to more accurately and consistently color hair.
Furthermore, all of the claimed elements were known in the prior art of Brown and Xing and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
As per claim 20, Brown teaches the limitations of claim 19 as discussed above. Brown does not explicitly disclose, however Xing discloses one or more sensors, wherein the computational circuitry is further configured to: obtain sensor information from the one or more sensors during a hair coloring operation; and modulate the discharge of the one or more components of the hair coloring formulation based on the sensor information (Xing [0073] "Based upon position signals received from the position sensor of the formulation delivery device, the calibration engine 316 and/or the formulation delivery device records the calibration locations. Then, the calibration engine 316 and/or the formulation delivery device adjusts one or more user-specific routines based upon the recorded calibration locations. In some embodiments, this adjustment step includes adjusting a spatial limit and/or a temporal duration of one or more formulation routines stored in the formulation routine engine)"; [0135] "the formulation delivery device 104 transmits information regarding application of the dispensed formulation products to the usage analysis system 702. [...] the information regarding application of the dispensed formulation products may be processed information (e.g., three-dimensional position information derived from the signals generated by the position sensor 216).
Conclusion
The prior art made of record and not relied upon is considered pertinent to
Applicant's disclosure. Please see PTO-892.
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JEFF ZIMMERMAN
Supervisory Patent Examiner
Art Unit 3628
/JEFF ZIMMERMAN/Supervisory Patent Examiner, Art Unit 3628