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 .
Claim Objections
Claim 20 objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9 and 12-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 9 and 12 recite the limitation "the color matching results". There is insufficient antecedent basis for this limitation in the claims.
The term “module” in claim 13 is a relative term which renders the claim indefinite. The term “module” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. There is no computer, CPU or processor disclosed in the Specification that would be necessary to operate a module for running an algorithm, program or process. The claim simply describes a function for a software module with no hardware or software to perform the function.
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.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The limitations, under their broadest reasonable interpretation, cover mental process (concept performed in a human mind, including as observation, evaluation, judgment, opinion, organizing human activity and mathematical concepts and calculations).
Claim 1 recites A method of using a color classification system, comprising: providing a color classification system including categorized colors organized in 16 color categories; selecting a personality type of an individual by identifying skin tone and personality characteristics of the individual; providing an analysis of skin undertone, skin tone intensity, hair color and eye color of the individual; using the personality type and the analysis for determining a target color category of the 16 colors categories matches the individual; and using the color classification system for implementing the target category for color selection for the individual.
This judicial exception is not integrated into a practical application because the steps do not add meaningful limitations to be considered specifically applied to a particular technological problem to be solved. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the steps of the claimed invention can be performed mentally and no additional features in the claim would preclude them from being performed as such.
According to the USPTO guidelines, a claim is directed to non-statutory subject matter if:
STEP 1: the claim does not fall within one of the four statutory categories of invention (process, machine, manufacture or composition of matter), or
STEP 2: the claim recites a judicial exception, e.g., an abstract idea, without reciting additional elements that amount to significantly more than the judicial exception, as determined using the following analysis:
STEP 2A (PRONG 1): Does the claim recite an abstract idea, law of nature, or natural phenomenon?
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application?
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
Using the two-step inquiry, it is clear that claims 1-20 are directed to an abstract idea as shown below:
STEP 1: Do the claims fall within one of the statutory categories? YES. Claim(s) 1-20 are directed to a method and a system performing a method.
STEP 2A (PRONG 1): Is the claim directed to a law of nature, a natural phenomenon or an abstract idea? YES , the claims are directed toward a mental process (i.e., abstract idea).
With regard to STEP 2A (PRONG 1), the guidelines provide three groupings of subject matter that are considered abstract ideas:
Mathematical concepts — mathematical relationships, mathematical formulas or equations, mathematical calculations;
Certain methods of organizing human activity -- fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and
Mental processes -- concepts that are practicably performed in the human mind (including an observation, evaluation, judgment, opinion).
The method in claim 1 comprises a mental process that can be practicably performed in the human mind (or generic computers or components configured to perform the method) and, therefore, an abstract idea.
Regarding claim 1: the method recites the steps (functions) of:
providing a color classification system including categorized colors organized in 16 color categories (mental process that can be performed by a human looking at and evaluating a card containing 16 color categories); selecting a personality type of an individual by identifying skin tone and personality characteristics of the individual (mental process that can be performed by a human observing and selecting identifying details and forming an opinion based on organizing human activity); providing an analysis of skin undertone, skin tone intensity, hair color and eye color of the individual (mental process that can be performed by a human observing and evaluating and making a judgment based upon the observation and evaluation); using the personality type and the analysis for determining a target color category of the 16 colors categories matches the individual (mental process that can be performed by a human observing and evaluating and making a judgment and/or opinion based upon the observation and evaluation); and using the color classification system for implementing the target category for color selection for the individual (mental process that can be performed by a human observing and evaluating and making a judgment and/or opinion based upon the observation and evaluation and by organizing human activity).
These limitations, as drafted, are a simple process that, under their broadest reasonable interpretation, covers performance of the limitations in the mind or by a human. The Examiner notes that under MPEP 2106.04(a)(2)(III), the courts consider a mental process (thinking) that “can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, "methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 ("‘[M]ental processes and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193,197 (1978) (same).
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application? NO, the claims do not recite additional elements that integrate the judicial exception into a practical application.
With regard to STEP 2A (prong 2), whether the claim recites additional elements that integrate the judicial exception into a practical application, the guidelines provide the following exemplary considerations that are indicative that an additional element (or combination of elements) may have integrated the judicial exception into a practical application:
an additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field;
an additional element that applies or uses a judicial exception to affect a particular treatment or prophylaxis for a disease or medical condition;
an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim;
an additional element effects a transformation or reduction of a particular article to a different state or thing; and
an additional element applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
While the guidelines further state that the exemplary considerations are not an exhaustive list and that there may be other examples of integrating the exception into a practical application, the guidelines also list examples in which a judicial exception has not been integrated into a practical application:
an additional element merely recites the words “apply it” (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea;
an additional element adds insignificant extra-solution activity to the judicial exception; and
an additional element does no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Claim 1 does not recite any of the exemplary considerations that are indicative of an abstract idea having been integrated into a practical application.
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception? NO, the claims do not recite additional elements that amount to significantly more than the judicial exception.
With regard to STEP 2B, whether the claims recite additional elements that provide significantly more than the recited judicial exception, the guidelines specify that the pre-guideline procedure is still in effect. Specifically, that examiners should continue to consider whether an additional element or combination of elements:
adds a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present; or
simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present.
Claim 1 does not recite any additional elements that are not well-understood, routine or conventional. The use of generic computer elements to “providing, selecting, providing, using and using” as claimed in Claim 1 is a routine, well-understood and conventional process that is performed by computers.
Independent Claims 13 and 20 (duplicate of claim) contain the same steps included in claim 1; therefore, the same rationale pertains.
Thus, since Claims 1-20 are: (a) directed toward an abstract idea, (b) do not recite additional elements that integrate the judicial exception into a practical application, and
(c) do not recite additional elements that amount to significantly more than the judicial exception, it is clear that Claim(s) 1-20 are not eligible subject matter under 35 U.S.C 101.
Regarding claim 2: the additional limitations do not integrate the mental process into practical application or add significantly more to the mental process. The limitation(s): wherein the method is a replicable and teachable method of using a color classification system (mental process including teaching the method (observation and evaluation; organizing human activity), and can be done mentally in the human mind or by a human using pen and paper).
Regarding claim 3: the additional limitations do not integrate the mental process into practical application or add significantly more to the mental process. The limitation(s): wherein the method is taught to trainees for management or customer care (mental process including teaching the method (observation and evaluation; organizing human activity), and can be done mentally in the human mind or by a human using pen and paper).
Regarding claim 4: the additional limitations do not integrate the mental process into practical application or add significantly more to the mental process. The limitation(s): wherein the method is replicated in a franchise (mental process organizing human activity and can be done mentally in the human mind or by human using pen and paper).
Regarding claim 5: the additional limitations do not integrate the mental process into practical application or add significantly more to the mental process. The limitation(s): wherein the target color category is used to target colors for one or more apparel (mental process organizing human activity and can be done mentally in the human mind or by human using pen and paper).
Regarding claim 6: the additional limitations do not integrate the mental process into practical application or add significantly more to the mental process. The limitation(s): wherein the target color category is used to target colors for one or more interior design elements selection for the individual (mental process including observation, evaluation, and organizing human activity, and can be done mentally in the human mind or by human using pen and paper).
Regarding claim 7: the additional limitations do not integrate the mental process into
practical application or add significantly more to the mental process. The limitation(s):
wherein the personality type of an individual is determined as active or passive and
wherein the method includes using the active or passive determination in analyzing the
undertone hue and intensity of the skin tones, hair color and eye color of the individual to
provide color analysis results. (mental process including observation, evaluation,
opinion and judgment and organizing human activity, and can be done mentally in
the human mind or by human using pen and paper).
Regarding claim 8: the additional limitations do not integrate the mental process into
practical application or add significantly more to the mental process. The limitation(s):
wherein the color classification system is a 4x4 color system. (mental process including
observation, evaluation, opinion and judgment and organizing human activity, and
can be done mentally in the human mind or by human using pen and paper using a
4 x 4 matrix of colors).
Claims 16 recites the same limitations; therefore, the same rationale is applicable.
Regarding claim 9: the additional limitations do not integrate the mental process into
practical application or add significantly more to the mental process. The limitation(s):
wherein the color matching results are based on the analysis of the undertone hue and
intensity of the skin tones, hair color and eye color of the individual. (mental process
including observation, evaluation, opinion and judgment and organizing human
activity, and can be done mentally in the human mind or by human using pen and
paper).
Claims 19 recites the same limitations; therefore, the same rationale is applicable.
Regarding claim 10: the additional limitations do not integrate the mental process into
practical application or add significantly more to the mental process. The limitation(s):
wherein the target color category is used to determine season matches for the individual's
personality and physical characteristics. (mental process including observation, evaluation, opinion and judgment and organizing human activity, and can be done mentally in the human mind or by human using pen and paper).
Regarding claim 11: the additional limitations do not integrate the mental process into
practical application or add significantly more to the mental process. The limitation(s):
wherein the color classification system includes seasonal colors organized in 16 seasons. (mental process including observation, evaluation, opinion and judgment and organizing human activity, and can be done mentally in the human mind or by human using pen and paper).
Regarding claim 12: the additional limitations do not integrate the mental process into
practical application or add significantly more to the mental process. The limitation(s):
wherein the color matching results are used to provide personalized color recommendations for the individual. (mental process including observation, evaluation, opinion and judgment and organizing human activity, and can be done mentally in the human mind or by human using pen and paper).
Regarding claim 14: the additional limitations do not integrate the mental process into
practical application or add significantly more to the mental process. The limitation(s):
wherein the system targets colors for one or more apparel and one or more interior design elements selection for the individual. (mental process including observation, evaluation, opinion and judgment and organizing human activity, and can be done mentally in the human mind or by human using pen and paper).
Regarding claim 15: the additional limitations do not integrate the mental process into
practical application or add significantly more to the mental process. The limitation(s):
wherein the personality type of an individual is determined as active or passive. (mental process including observation, evaluation, opinion and judgment and organizing human activity, and can be done mentally in the human mind or by human using pen and paper).
Regarding claim 17: the additional limitations do not integrate the mental process into
practical application or add significantly more to the mental process. The limitation(s):
wherein the color matching results are used to target colors for clothing selection for the individual. (mental process including observation, evaluation, opinion and judgment and organizing human activity, and can be done mentally in the human mind or by human using pen and paper).
Regarding claim 18: the additional limitations do not integrate the mental process into
practical application or add significantly more to the mental process. The limitation(s):
wherein the color matching results are used to target colors for décor selection for the individual. (mental process including observation, evaluation, opinion and judgment and organizing human activity, and can be done mentally in the human mind or by human using pen and paper).
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.
Claim(s) 1-2, 4-6, 8-14 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McFarlane (US 4,909,632) in view of Watling (US 10,964,064).
Regarding claim 1: McFarlane discloses providing a color classification system including categorized colors organized in 16 color categories (Fig. 1); selecting a personality type of an individual by identifying skin tone and personality characteristics of the individual (As both the skin color undertones of an individual person and the labeling of the color of a dyed piece of material can be classified into one of the above four categories, it is possible to match the skin of the user to the material and determine the most compatible colors in a given material a person may wear, or use on their person. Once the classification of the individual user is established, it is possible to provide that person with a simplified color chart 10, as shown for example in FIG. 1, and the selection of a garment or articles to be worn may be matched as closely as possible from the standpoint of color to a color 12 on the chart., col. 2, ln. 37-48); providing an analysis of skin undertone, skin tone intensity of the individual; using the personality type and the analysis for determining a target color category of the 16 colors categories matches the individual (I have found that a compilation of four sets of basic color ranges in material fabric can be made that is most compatible with the four ranges of basic skin pigment undertones into which the great bulk of the population may be classified. These skin and fabric color categories are as follows: Classification A includes almost all of the colors of the visible spectrum. They have the highest intensity (50 to 100%) per spectrum analysis of the shorter wave lengths of the skin color spectrum, that is to say, the "blue base" tones. Black is also in this classification. Classification B also includes most all colors, with the exclusion of black. They have the next highest or one to fifty percent intensity per spectrum analysis of the shorter wave lengths of the skin color spectrum, or the "blue based" tones. Classification C also includes most of the colors, and these have a one to fifty percent intensity of the yellow-red tones, or the longer wave lengths of the skin color spectrum, per spectrum analysis. Classification D, again, includes most of the colors, and they have the highest intensity of the yellow-red tones, fifty to one hundred percent, or the longest wave lengths of the skin color spectrum, per spectrum analysis.
As both the skin color undertones of an individual person and the labeling of the color of a dyed piece of material can be classified into one of the above four categories, it is possible to match the skin of the user to the material and determine the most compatible colors in a given material a person may wear, or use on their person. Once the classification of the individual user is established, it is possible to provide that person with a simplified color chart 10, as shown for example in FIG. 1, and the selection of a garment or articles to be worn may be matched as closely as possible from the standpoint of color to a color 12 on the chart., col. 2, ln. 12-48); and using the color classification system for implementing the target category for color selection for the individual (Individual testing of a subject is conducted using a draping technique of material around the shoulders, near the face, the materials being of the full color spectrum, but being either blue-based or red-yellow based and observed visually as to compatibility to the skin pigment of the subject, or by use of a spectrometer, or by means of a specialized color temperature meter calibrated to indicate broadly in which of the four categories A through D the skin of the subject is properly classified. Once this reading has been made, the subject is supplied with the appropriate color chart, and selection of a garment, cosmetic make up or hair tint can be guided by comparing the apparent color thereof with colors 12 on the chart 10. While in most cases, the user will want to try the garment, make up or hair tint, as a practical matter, the chart is useful in facilitating an initial rejection of an item based upon improper color alone., col. 2, ln. 56 through col. 3, ln. 5).
McFarlane fails to specifically address hair color and eye color.
Watling discloses hair color and eye color (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., col. 7, ln. 63-66).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include hair color and eye color in order to recommend a customized seasonal color harmony palette to a user as taught by Watling (Abstract).
Regarding claim 2: McFarlane in view of Watling satisfy all the elements of claim 1.
McFarlane fails to specifically address wherein the method is a replicable and teachable method of using a color classification system.
Watling discloses wherein the method is a replicable and teachable method of using a color classification system (Figs. 6-7, vendor and customer are able to obtain a customized personal palette).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the method is a replicable and teachable method of using a color classification system in order to recommend a customized seasonal color harmony palette to a user (Abstract).
Regarding claim 4: McFarlane in view of Watling satisfy all the elements of claim 2.
McFarlane fails to specifically address wherein the method if replicated in a franchise.
Watling discloses wherein the method if replicated in a franchise (Fig. 5, vendor can be a franchise).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the method is a replicable and teachable method of using a color classification system in order to recommend a customized seasonal color harmony palette to a user at a vendor site as taught by Watling (Abstract and Fig. 5).
Regarding claim 5: McFarlane in view of Watling satisfy all the elements of claim 1. McFarlane further discloses wherein the target color category is used to target colors for one or more apparel (I have found that a compilation of four sets of basic color ranges in material fabric can be made that is most compatible with the four ranges of basic skin pigment undertones into which the great bulk of the population may be classified. These skin and fabric color categories are as follows: Classification A includes almost all of the colors of the visible spectrum. They have the highest intensity (50 to 100%) per spectrum analysis of the shorter wave lengths of the skin color spectrum, that is to say, the "blue base" tones. Black is also in this classification. Classification B also includes most all colors, with the exclusion of black. They have the next highest or one to fifty percent intensity per spectrum analysis of the shorter wave lengths of the skin color spectrum, or the "blue based" tones. Classification C also includes most of the colors, and these have a one to fifty percent intensity of the yellow-red tones, or the longer wave lengths of the skin color spectrum, per spectrum analysis. Classification D, again, includes most of the colors, and they have the highest intensity of the yellow-red tones, fifty to one hundred percent, or the longest wave lengths of the skin color spectrum, per spectrum analysis.
As both the skin color undertones of an individual person and the labeling of the color of a dyed piece of material can be classified into one of the above four categories, it is possible to match the skin of the user to the material and determine the most compatible colors in a given material a person may wear, or use on their person. Once the classification of the individual user is established, it is possible to provide that person with a simplified color chart 10, as shown for example in FIG. 1, and the selection of a garment or articles to be worn may be matched as closely as possible from the standpoint of color to a color 12 on the chart., col. 2, ln. 12-48).
Regarding claim 6: McFarlane in view of Watling satisfy all the elements of claim 1. McFarlane further discloses wherein the target color category is used to target colors; selection for the individual (I have found that a compilation of four sets of basic color ranges in material fabric can be made that is most compatible with the four ranges of basic skin pigment undertones into which the great bulk of the population may be classified. These skin and fabric color categories are as follows: Classification A includes almost all of the colors of the visible spectrum. They have the highest intensity (50 to 100%) per spectrum analysis of the shorter wave lengths of the skin color spectrum, that is to say, the "blue base" tones. Black is also in this classification. Classification B also includes most all colors, with the exclusion of black. They have the next highest or one to fifty percent intensity per spectrum analysis of the shorter wave lengths of the skin color spectrum, or the "blue based" tones. Classification C also includes most of the colors, and these have a one to fifty percent intensity of the yellow-red tones, or the longer wave lengths of the skin color spectrum, per spectrum analysis. Classification D, again, includes most of the colors, and they have the highest intensity of the yellow-red tones, fifty to one hundred percent, or the longest wave lengths of the skin color spectrum, per spectrum analysis.
As both the skin color undertones of an individual person and the labeling of the color of a dyed piece of material can be classified into one of the above four categories, it is possible to match the skin of the user to the material and determine the most compatible colors in a given material a person may wear, or use on their person. Once the classification of the individual user is established, it is possible to provide that person with a simplified color chart 10, as shown for example in FIG. 1, and the selection of a garment or articles to be worn may be matched as closely as possible from the standpoint of color to a color 12 on the chart., col. 2, ln. 12-48).
McFarlane fails to specifically address for one or more interior design elements.
Watling discloses for one or more interior design elements (The tangible objects may include, but not limited to, cosmetics or beauty products, clothes, fabrics, textiles, accessories, jewelry, home products such as, but not limited to, paints, design, crafts, print, etc., books, and so forth., col. 8, ln. 13-16).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include for one or more interior design elements in order to recommend a customized seasonal color harmony palette as taught by Watling (Abstract).
Regarding claim 8: McFarlane in view of Watling satisfy all the elements of claim 1. McFarlane further discloses wherein the color classification system is a 4x4 color system (Fig. 1).
Regarding claim 9: McFarlane in view of Watling satisfy all the elements of claim 1. McFarlane further discloses wherein the color matching results are based on the analysis of the undertone hue and intensity of the skin tones; of the individual (I have found that a compilation of four sets of basic color ranges in material fabric can be made that is most compatible with the four ranges of basic skin pigment undertones into which the great bulk of the population may be classified. These skin and fabric color categories are as follows: Classification A includes almost all of the colors of the visible spectrum. They have the highest intensity (50 to 100%) per spectrum analysis of the shorter wave lengths of the skin color spectrum, that is to say, the "blue base" tones. Black is also in this classification. Classification B also includes most all colors, with the exclusion of black. They have the next highest or one to fifty percent intensity per spectrum analysis of the shorter wave lengths of the skin color spectrum, or the "blue based" tones. Classification C also includes most of the colors, and these have a one to fifty percent intensity of the yellow-red tones, or the longer wave lengths of the skin color spectrum, per spectrum analysis. Classification D, again, includes most of the colors, and they have the highest intensity of the yellow-red tones, fifty to one hundred percent, or the longest wave lengths of the skin color spectrum, per spectrum analysis. As both the skin color undertones of an individual person and the labeling of the color of a dyed piece of material can be classified into one of the above four categories, it is possible to match the skin of the user to the material and determine the most compatible colors in a given material a person may wear, or use on their person. Once the classification of the individual user is established, it is possible to provide that person with a simplified color chart 10, as shown for example in FIG. 1, and the selection of a garment or articles to be worn may be matched as closely as possible from the standpoint of color to a color 12 on the chart., col. 2, ln. 12-48).
McFarlane fails to specifically address hair color and eye color.
Watling discloses hair color and eye color (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., col. 7, ln. 63-66).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include hair color and eye color in order to recommend a customized seasonal color harmony palette to a user as taught by Watling (Abstract).
Regarding claim 10: McFarlane in view of Watling satisfy all the elements of claim 1. McFarlane further discloses wherein the target color category is used to determine (I have found that a compilation of four sets of basic color ranges in material fabric can be made that is most compatible with the four ranges of basic skin pigment undertones into which the great bulk of the population may be classified. These skin and fabric color categories are as follows: Classification A includes almost all of the colors of the visible spectrum. They have the highest intensity (50 to 100%) per spectrum analysis of the shorter wave lengths of the skin color spectrum, that is to say, the "blue base" tones. Black is also in this classification. Classification B also includes most all colors, with the exclusion of black. They have the next highest or one to fifty percent intensity per spectrum analysis of the shorter wave lengths of the skin color spectrum, or the "blue based" tones. Classification C also includes most of the colors, and these have a one to fifty percent intensity of the yellow-red tones, or the longer wave lengths of the skin color spectrum, per spectrum analysis. Classification D, again, includes most of the colors, and they have the highest intensity of the yellow-red tones, fifty to one hundred percent, or the longest wave lengths of the skin color spectrum, per spectrum analysis.
As both the skin color undertones of an individual person and the labeling of the color of a dyed piece of material can be classified into one of the above four categories, it is possible to match the skin of the user to the material and determine the most compatible colors in a given material a person may wear, or use on their person. Once the classification of the individual user is established, it is possible to provide that person with a simplified color chart 10, as shown for example in FIG. 1, and the selection of a garment or articles to be worn may be matched as closely as possible from the standpoint of color to a color 12 on the chart., col. 2, ln. 12-48).
McFarlane fails to specifically address season matches for the individual's personality and physical characteristics.
Watling discloses season matches for the individual's personality and physical characteristics (FIG. 1 illustrates a block diagram depicting a seasonal color coding system 100 (hereinafter referred to as “a color coding system 100”), according to an embodiment of the present invention. The color coding system 100 may provide recommendations for a seasonal color palette to a user based on attributes associated with the user., col. 5, ln. 43-48) for the individual's personality and physical characteristics (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, col. 6, ln. 36 -39; Colors are an important part of every industry and therefore, seasonal color harmony and analysis are important tools wherein color identification and color harmonies are needed. Appropriate color selection form a color palette in various industries such as, but not limited to, fashion, jewelry, beauty, home products, arts, commerce, and so forth. The appropriate color selection and other personal characteristics of a user can have a very good impact on the user's social interactions, personal and professional achievements, physical and mental health, and various other aspects of life, while improving personal appearance of the user. On the contrary, inappropriate color combinations can affect many aspects of the user's well-being and success. Therefore, it is important for the user to select harmonious colors and combinations for a better lifestyle., col. 1, ln. 18-32).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include season matches for the individual's personality and physical characteristics in order to select harmonious colors and combinations for a better lifestyle as taught by Watling (col. 1, ln. 18-32).
Regarding claim 11: McFarlane in view of Watling satisfy all the elements of claim 1. McFarlane further discloses wherein the color classification system organized in 16 (Fig. 1, 16 categories).
McFarlane fails to specifically address includes seasonal colors; seasons.
Watling discloses includes seasonal colors; seasons (FIG. 1 illustrates a block diagram depicting a seasonal color coding system 100 (hereinafter referred to as “a color coding system 100”), according to an embodiment of the present invention. The color coding system 100 may provide recommendations for a seasonal color palette to a user based on attributes associated with the user., col. 5, ln. 43-48) for the individual's personality and physical characteristics (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, col. 6, ln. 36 -39; Colors are an important part of every industry and therefore, seasonal color harmony and analysis are important tools wherein color identification and color harmonies are needed. Appropriate color selection form a color palette in various industries such as, but not limited to, fashion, jewelry, beauty, home products, arts, commerce, and so forth. The appropriate color selection and other personal characteristics of a user can have a very good impact on the user's social interactions, personal and professional achievements, physical and mental health, and various other aspects of life, while improving personal appearance of the user. On the contrary, inappropriate color combinations can affect many aspects of the user's well-being and success. Therefore, it is important for the user to select harmonious colors and combinations for a better lifestyle., col. 1, ln. 18-32).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include includes seasonal colors; seasons in order to select harmonious colors and combinations for a better lifestyle as taught by Watling (col. 1, ln. 18-32).
Regarding claim 12: McFarlane in view of Watling satisfy all the elements of claim 1. McFarlane further discloses wherein the color matching results are used to provide personalized color recommendations for the individual (As both the skin color undertones of an individual person and the labeling of the color of a dyed piece of material can be classified into one of the above four categories, it is possible to match the skin of the user to the material and determine the most compatible colors in a given material a person may wear, or use on their person. Once the classification of the individual user is established, it is possible to provide that person with a simplified color chart 10, as shown for example in FIG. 1, and the selection of a garment or articles to be worn may be matched as closely as possible from the standpoint of color to a color 12 on the chart., col. 2, ln. 37-48).
Regarding claim 13: McFarlane discloses a module for providing a color classification system including categorized colors organized in 16 color categories (Fig. 1); a module for determining the personality type of an individual by identifying the individual's skin tone and personality characteristics (As both the skin color undertones of an individual person and the labeling of the color of a dyed piece of material can be classified into one of the above four categories, it is possible to match the skin of the user to the material and determine the most compatible colors in a given material a person may wear, or use on their person. Once the classification of the individual user is established, it is possible to provide that person with a simplified color chart 10, as shown for example in FIG. 1, and the selection of a garment or articles to be worn may be matched as closely as possible from the standpoint of color to a color 12 on the chart., col. 2, ln. 37-48); a module for using the personality type determination and analyzing the skin undertone, skin tone intensity; to provide color matching results; a module for using the color matching results to determine which one out of 16 color categories matches the individual (I have found that a compilation of four sets of basic color ranges in material fabric can be made that is most compatible with the four ranges of basic skin pigment undertones into which the great bulk of the population may be classified. These skin and fabric color categories are as follows: Classification A includes almost all of the colors of the visible spectrum. They have the highest intensity (50 to 100%) per spectrum analysis of the shorter wave lengths of the skin color spectrum, that is to say, the "blue base" tones. Black is also in this classification. Classification B also includes most all colors, with the exclusion of black. They have the next highest or one to fifty percent intensity per spectrum analysis of the shorter wave lengths of the skin color spectrum, or the "blue based" tones. Classification C also includes most of the colors, and these have a one to fifty percent intensity of the yellow-red tones, or the longer wave lengths of the skin color spectrum, per spectrum analysis. Classification D, again, includes most of the colors, and they have the highest intensity of the yellow-red tones, fifty to one hundred percent, or the longest wave lengths of the skin color spectrum, per spectrum analysis.
As both the skin color undertones of an individual person and the labeling of the color of a dyed piece of material can be classified into one of the above four categories, it is possible to match the skin of the user to the material and determine the most compatible colors in a given material a person may wear, or use on their person. Once the classification of the individual user is established, it is possible to provide that person with a simplified color chart 10, as shown for example in FIG. 1, and the selection of a garment or articles to be worn may be matched as closely as possible from the standpoint of color to a color 12 on the chart., col. 2, ln. 12-48); and using the color classification system for implementing the target category for color selection for the individual (Individual testing of a subject is conducted using a draping technique of material around the shoulders, near the face, the materials being of the full color spectrum, but being either blue-based or red-yellow based and observed visually as to compatibility to the skin pigment of the subject, or by use of a spectrometer, or by means of a specialized color temperature meter calibrated to indicate broadly in which of the four categories A through D the skin of the subject is properly classified. Once this reading has been made, the subject is supplied with the appropriate color chart, and selection of a garment, cosmetic make up or hair tint can be guided by comparing the apparent color thereof with colors 12 on the chart 10. While in most cases, the user will want to try the garment, make up or hair tint, as a practical matter, the chart is useful in facilitating an initial rejection of an item based upon improper color alone., col. 2, ln. 56 through col. 3, ln. 5); and a module for using the selected color category for targeted color selection for the individual (Individual testing of a subject is conducted using a draping technique of material around the shoulders, near the face, the materials being of the full color spectrum, but being either blue-based or red-yellow based and observed visually as to compatibility to the skin pigment of the subject, or by use of a spectrometer, or by means of a specialized color temperature meter calibrated to indicate broadly in which of the four categories A through D the skin of the subject is properly classified. Once this reading has been made, the subject is supplied with the appropriate color chart, and selection of a garment, cosmetic make up or hair tint can be guided by comparing the apparent color thereof with colors 12 on the chart 10. While in most cases, the user will want to try the garment, make up or hair tint, as a practical matter, the chart is useful in facilitating an initial rejection of an item based upon improper color alone., col. 2, ln. 56 through col. 3, ln. 5).
McFarlane fails to specifically address individual's hair color and individual's eye color.
Watling discloses individual's hair color and individual's eye color (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., col. 7, ln. 63-66).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include individual's hair color and individual's eye color in order to recommend a customized seasonal color harmony palette to a user as taught by Watling (Abstract).
NOTE TO APPLICANT: Since there is no computer in Applicant’s Specification, Examiner has given the term “module” its broadest reasonable interpretation and that is satisfied by McFarlane (Figs. 1-2).
Regarding claim 14: McFarlane in view of Watling satisfy all the elements of claim 13. McFarlane further discloses wherein the system targets colors for one or more apparel (I have found that a compilation of four sets of basic color ranges in material fabric can be made that is most compatible with the four ranges of basic skin pigment undertones into which the great bulk of the population may be classified. These skin and fabric color categories are as follows: Classification A includes almost all of the colors of the visible spectrum. They have the highest intensity (50 to 100%) per spectrum analysis of the shorter wave lengths of the skin color spectrum, that is to say, the "blue base" tones. Black is also in this classification. Classification B also includes most all colors, with the exclusion of black. They have the next highest or one to fifty percent intensity per spectrum analysi