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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
No claim limitation has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-20 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.
Claim 1 recites the limitation "the consumer risk" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the consumer risk" in line 13. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-10 and 12-20 are further rejected based on their dependence from independent claims 1 and 11.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-8, 11-17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shinoda et al. (US Publication No. 2016/0154992 A1) (cited by Applicant).
Regarding claim 1, Shinoda et al. discloses a device comprising:
a processor configured to:
receive video data, wherein the video data comprises a plurality of frames associated with a face of a consumer (see [0052] – “Image obtainer 120 obtains an image where a user's facial skin is photographed. More specifically, image obtainer 120 photographs video of a user's face at a frame rate (cycle) of 30 Hz to 60 Hz (hertz) through the above-described digital camera. Then, image obtainer 120 sequentially outputs frame images which form the photographed video to wrinkle detector 130. In addition, image obtainer 120 outputs a representative image of the video to information output unit 170”);
identify a first frame and a second frame from the plurality of the frames, wherein the first frame associates a first state of the face of the consumer and the second frame associates a second state of the face of the consumer (see [0052] – “Image obtainer 120 obtains an image where a user's facial skin is photographed. More specifically, image obtainer 120 photographs video of a user's face at a frame rate (cycle) of 30 Hz to 60 Hz (hertz) through the above-described digital camera. Then, image obtainer 120 sequentially outputs frame images which form the photographed video to wrinkle detector 130. In addition, image obtainer 120 outputs a representative image of the video to information output unit 170” and [0177] – “For example, the wrinkle care support device may instruct a user, by an image or audio, to make a plurality of predetermined facial expressions, such as a smiling face, a confused face, a crying face, and an angry face, and detect a wrinkle state for each facial expression. Then, the wrinkle care support device may perform an overall analysis of results of the detection for the facial expressions, and detect (determine) potential wrinkles”);
determine a number of baseline wrinkles (“existent wrinkle”) associated with the first state (see Figures 3 and 5-6 and [0080] – “On the other hand, if a wrinkle has been detected (S1060: YES), wrinkle change detector 140 proceeds to step S1080. In addition, at this time, wrinkle change detector 140 starts clocking for detecting a wrinkle disappearing time. Note that wrinkles that can be detected here include an existent wrinkle that already appears even before performing the massage, in addition to a temporary wrinkle and a potential wrinkle that appear by the massage”);
determine a number of dissipating wrinkles (“temporary wrinkle”) associated with the second state (see Figures 3 and 5-6 and [0080] – “On the other hand, if a wrinkle has been detected (S1060: YES), wrinkle change detector 140 proceeds to step S1080. In addition, at this time, wrinkle change detector 140 starts clocking for detecting a wrinkle disappearing time. Note that wrinkles that can be detected here include an existent wrinkle that already appears even before performing the massage, in addition to a temporary wrinkle and a potential wrinkle that appear by the massage”);
based on the number of baseline wrinkles and the number of dissipating wrinkles, calculate a number of residual wrinkles between the first state and the second state (see Figures 3 and 5-6 and [0080] – “On the other hand, if a wrinkle has been detected (S1060: YES), wrinkle change detector 140 proceeds to step S1080. In addition, at this time, wrinkle change detector 140 starts clocking for detecting a wrinkle disappearing time. Note that wrinkles that can be detected here include an existent wrinkle that already appears even before performing the massage, in addition to a temporary wrinkle and a potential wrinkle that appear by the massage”); and
map the number of residual wrinkles to the consumer risk for premature aging (see Figures 5-6, 10, and 15 and [0109] – “As shown in FIG. 8, wrinkle care table 220a includes, for each combination of user's age 221a and wrinkle disappearing time 222a, details of wrinkle care to be suggested to a user (hereinafter, referred to as “suggested care details”) 223a”, [0126] – “For example, image 314a is displayed in an area between eyebrows, and description 315a of suggested care details “Recommend addition of moisturizers and supplements” is displayed. By the presentation of such information display image 310a, the user can perform appropriate wrinkle care such as use of moisturizers and addition of supplements, as measures to reduce a wrinkle (including a potential wrinkle) in the part between the eyebrows”, and [0169] – “For example, image 322b is displayed in an area between eyebrows, and description 323b of additional suggested care details “Recommend addition of muscle strengthening and protection against ultraviolet radiation” is displayed. By the presentation of such information display image 320b, the user can perform wrinkle care suitable for a wrinkle, such as addition of muscle strengthening and protection against ultraviolet radiation, as new measures to reduce the wrinkle (including a potential wrinkle) in the part between the eyebrows”).
Regarding claim 2, Shinoda et al. discloses to map the number of residual wrinkles comprises the processor being configured to:
determine whether the number of residual wrinkles is above a threshold (see [0056] – “Note that the level of wrinkles is a concept representing a strength of the wrinkles which is related to wrinkle depth, wrinkle width, wrinkle length, an amount of the wrinkles, a density of the wrinkles, and the like. Note also that the “wrinkle” in the following description indicates a wrinkle with a level higher than or equal to the predetermined level. Note also that the positional information of a wrinkle indicates a range of a wrinkle image area”); and
based on a determination that the number of residual wrinkles is above the threshold, identify the consumer as at risk for premature aging and send a notification that the consumer is at risk for premature aging, and wherein the notification further comprises a recommendation for the consumer to mitigate the risk for premature aging (see Figures 5-6, 10, and 15 and [0109] – “As shown in FIG. 8, wrinkle care table 220a includes, for each combination of user's age 221a and wrinkle disappearing time 222a, details of wrinkle care to be suggested to a user (hereinafter, referred to as “suggested care details”) 223a”, [0126] – “For example, image 314a is displayed in an area between eyebrows, and description 315a of suggested care details “Recommend addition of moisturizers and supplements” is displayed. By the presentation of such information display image 310a, the user can perform appropriate wrinkle care such as use of moisturizers and addition of supplements, as measures to reduce a wrinkle (including a potential wrinkle) in the part between the eyebrows”, and [0169] – “For example, image 322b is displayed in an area between eyebrows, and description 323b of additional suggested care details “Recommend addition of muscle strengthening and protection against ultraviolet radiation” is displayed. By the presentation of such information display image 320b, the user can perform wrinkle care suitable for a wrinkle, such as addition of muscle strengthening and protection against ultraviolet radiation, as new measures to reduce the wrinkle (including a potential wrinkle) in the part between the eyebrows”).
Regarding claim 3, Shinoda et al. discloses the processor is configured to:
based on a determination that the number of residual wrinkles is below the threshold, identify the consumer as a normal ager (see Figures 3, 8, and 12-13 and [0063] – “For example, for a combination of user's age 211 “40s” and wrinkle disappearing time 212 “2-6 seconds”, wrinkle type 213 “Potential” is provided. This indicates that in a case of a user in his/her 40s, a potential wrinkle has a wrinkle disappearing time of 2 seconds or more and less than 6 seconds, the wrinkle disappearing time being obtained when massage is performed”); and
send a notification that the consumer is not at risk for premature aging (see [0096] – “Note that wrinkle care support device 100 may determine, for each wrinkle, a type of the wrinkle based on a wrinkle disappearing time of the wrinkle, and display results of the determination”, [0116] – “As with information output unit 170 of the second exemplary embodiment, information output unit 170a creates an information display image in which images showing results of the determination performed by wrinkle care information determiner 160a are superimposed on a representative image. Note, however, that an information display image to be created shows suggested care details but not wrinkle types”, and [0164] – “More specifically, when wrinkle care evaluator 180b determines that the wrinkle care has been effective, wrinkle care evaluator 180b creates and displays an information display image showing that the wrinkle care has been effective or that the suggested care details should be continued”).
Regarding claim 4, Shinoda et al. discloses the first state of the face comprises a relaxed face and the second state of the face comprises a duration after a facial expression of the consumer upon initial relaxation of the facial expression (see [0052] – “Image obtainer 120 obtains an image where a user's facial skin is photographed. More specifically, image obtainer 120 photographs video of a user's face at a frame rate (cycle) of 30 Hz to 60 Hz (hertz) through the above-described digital camera. Then, image obtainer 120 sequentially outputs frame images which form the photographed video to wrinkle detector 130. In addition, image obtainer 120 outputs a representative image of the video to information output unit 170” and [0177] – “For example, the wrinkle care support device may instruct a user, by an image or audio, to make a plurality of predetermined facial expressions, such as a smiling face, a confused face, a crying face, and an angry face, and detect a wrinkle state for each facial expression. Then, the wrinkle care support device may perform an overall analysis of results of the detection for the facial expressions, and detect (determine) potential wrinkles”).
Regarding claim 5, Shinoda et al. discloses the duration comprises at least one of a fraction of a second or 50 frame after a peak and relaxation of the facial expression (see [0052] – “More specifically, image obtainer 120 photographs video of a user's face at a frame rate (cycle) of 30 Hz to 60 Hz (hertz) through the above-described digital camera” and [0178] – “The change in a wrinkle state may be, for example, a change in a level of a wrinkle obtained at a point in time when a predetermined period of time has elapsed from occurrence of the wrinkle (e.g., 3 seconds later)”).
Regarding claim 6, Shinoda et al. discloses the facial expression comprises at least one of the consumer laughing, smiling, or frowning (see [0177] – “For example, the wrinkle care support device may instruct a user, by an image or audio, to make a plurality of predetermined facial expressions, such as a smiling face, a confused face, a crying face, and an angry face, and detect a wrinkle state for each facial expression. Then, the wrinkle care support device may perform an overall analysis of results of the detection for the facial expressions, and detect (determine) potential wrinkles”).
Regarding claim 7, Shinoda et al. discloses the processor is further configured to:
determine an age of the consumer (see [0073] – “In step S1010, additional information obtainer 110 obtains user's additional information. Additional information to be obtained has, for example, pieces of content “user's age: 40s, temperature: 23° C., and humidity: 50%””); and
based on the age of the consumer, select a determined threshold associated with identification of the consumer as at risk for premature aging, wherein the determined threshold represents an output of an assessment from clinical study data (see Figures 3, 8, and 12-13 and [0065] – “In addition, such wrinkle type table 210 is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, [0114] – “In addition, such wrinkle care table 220a is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, and [0145] – “In addition, such evaluation table 230b and additional wrinkle care table 240b are created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”).
Regarding claim 8, Shinoda et al. discloses the processor is further configured to:
on a condition that the age of the consumer is within a first range, determine that the threshold is a first threshold (see Figures 3, 8, and 12-13 and [0065] – “In addition, such wrinkle type table 210 is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, [0114] – “In addition, such wrinkle care table 220a is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, and [0145] – “In addition, such evaluation table 230b and additional wrinkle care table 240b are created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”); and
on a condition that the age of the consumer is within a second range, determine that the threshold is a second threshold, wherein the second range is greater than the first range, and wherein the first threshold is greater than the second threshold (see Figures 3, 8, and 12-13 and [0065] – “In addition, such wrinkle type table 210 is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, [0114] – “In addition, such wrinkle care table 220a is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, and [0145] – “In addition, such evaluation table 230b and additional wrinkle care table 240b are created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”).
Regarding claim 11, Shinoda et al. discloses a method comprising:
receiving video data, wherein the video data comprises a plurality of frames associated with a face of a consumer (see [0052] – “Image obtainer 120 obtains an image where a user's facial skin is photographed. More specifically, image obtainer 120 photographs video of a user's face at a frame rate (cycle) of 30 Hz to 60 Hz (hertz) through the above-described digital camera. Then, image obtainer 120 sequentially outputs frame images which form the photographed video to wrinkle detector 130. In addition, image obtainer 120 outputs a representative image of the video to information output unit 170”);
identifying a first frame and a second frame from the plurality of the frames, wherein the first frame associates a first state of the face of the consumer and the second frame associates a second state of the face of the consumer (see [0052] – “Image obtainer 120 obtains an image where a user's facial skin is photographed. More specifically, image obtainer 120 photographs video of a user's face at a frame rate (cycle) of 30 Hz to 60 Hz (hertz) through the above-described digital camera. Then, image obtainer 120 sequentially outputs frame images which form the photographed video to wrinkle detector 130. In addition, image obtainer 120 outputs a representative image of the video to information output unit 170” and [0177] – “For example, the wrinkle care support device may instruct a user, by an image or audio, to make a plurality of predetermined facial expressions, such as a smiling face, a confused face, a crying face, and an angry face, and detect a wrinkle state for each facial expression. Then, the wrinkle care support device may perform an overall analysis of results of the detection for the facial expressions, and detect (determine) potential wrinkles”);
determining a number of baseline wrinkles (“existent wrinkle”) associated with the first state (see Figures 3 and 5-6 and [0080] – “On the other hand, if a wrinkle has been detected (S1060: YES), wrinkle change detector 140 proceeds to step S1080. In addition, at this time, wrinkle change detector 140 starts clocking for detecting a wrinkle disappearing time. Note that wrinkles that can be detected here include an existent wrinkle that already appears even before performing the massage, in addition to a temporary wrinkle and a potential wrinkle that appear by the massage”);
determining a number of dissipating wrinkles (“temporary wrinkle”) associated with the second state (see Figures 3 and 5-6 and [0080] – “On the other hand, if a wrinkle has been detected (S1060: YES), wrinkle change detector 140 proceeds to step S1080. In addition, at this time, wrinkle change detector 140 starts clocking for detecting a wrinkle disappearing time. Note that wrinkles that can be detected here include an existent wrinkle that already appears even before performing the massage, in addition to a temporary wrinkle and a potential wrinkle that appear by the massage”);
based on the number of baseline wrinkles and the number of dissipating wrinkles, calculating a number of residual wrinkles between the first state and the second state (see Figures 3 and 5-6 and [0080] – “On the other hand, if a wrinkle has been detected (S1060: YES), wrinkle change detector 140 proceeds to step S1080. In addition, at this time, wrinkle change detector 140 starts clocking for detecting a wrinkle disappearing time. Note that wrinkles that can be detected here include an existent wrinkle that already appears even before performing the massage, in addition to a temporary wrinkle and a potential wrinkle that appear by the massage”); and
mapping the number of residual wrinkles to the consumer risk for premature aging (see Figures 5-6, 10, and 15 and [0109] – “As shown in FIG. 8, wrinkle care table 220a includes, for each combination of user's age 221a and wrinkle disappearing time 222a, details of wrinkle care to be suggested to a user (hereinafter, referred to as “suggested care details”) 223a”, [0126] – “For example, image 314a is displayed in an area between eyebrows, and description 315a of suggested care details “Recommend addition of moisturizers and supplements” is displayed. By the presentation of such information display image 310a, the user can perform appropriate wrinkle care such as use of moisturizers and addition of supplements, as measures to reduce a wrinkle (including a potential wrinkle) in the part between the eyebrows”, and [0169] – “For example, image 322b is displayed in an area between eyebrows, and description 323b of additional suggested care details “Recommend addition of muscle strengthening and protection against ultraviolet radiation” is displayed. By the presentation of such information display image 320b, the user can perform wrinkle care suitable for a wrinkle, such as addition of muscle strengthening and protection against ultraviolet radiation, as new measures to reduce the wrinkle (including a potential wrinkle) in the part between the eyebrows”).
Regarding claim 12, Shinoda et al. discloses mapping the number of residual wrinkles to the consumer risk for premature aging comprises:
determining whether the number of residual wrinkles is above a threshold (see [0056] – “Note that the level of wrinkles is a concept representing a strength of the wrinkles which is related to wrinkle depth, wrinkle width, wrinkle length, an amount of the wrinkles, a density of the wrinkles, and the like. Note also that the “wrinkle” in the following description indicates a wrinkle with a level higher than or equal to the predetermined level. Note also that the positional information of a wrinkle indicates a range of a wrinkle image area”); and
based on a determination that the number of residual wrinkles is above the threshold, identifying the consumer as at risk for premature aging and sending a notification that the consumer is at risk for premature aging, and wherein the notification further comprises a recommendation for the consumer to mitigate the risk for premature aging (see Figures 5-6, 10, and 15 and [0109] – “As shown in FIG. 8, wrinkle care table 220a includes, for each combination of user's age 221a and wrinkle disappearing time 222a, details of wrinkle care to be suggested to a user (hereinafter, referred to as “suggested care details”) 223a”, [0126] – “For example, image 314a is displayed in an area between eyebrows, and description 315a of suggested care details “Recommend addition of moisturizers and supplements” is displayed. By the presentation of such information display image 310a, the user can perform appropriate wrinkle care such as use of moisturizers and addition of supplements, as measures to reduce a wrinkle (including a potential wrinkle) in the part between the eyebrows”, and [0169] – “For example, image 322b is displayed in an area between eyebrows, and description 323b of additional suggested care details “Recommend addition of muscle strengthening and protection against ultraviolet radiation” is displayed. By the presentation of such information display image 320b, the user can perform wrinkle care suitable for a wrinkle, such as addition of muscle strengthening and protection against ultraviolet radiation, as new measures to reduce the wrinkle (including a potential wrinkle) in the part between the eyebrows”).
Regarding claim 13, Shinoda et al. discloses based on a determination that the number of residual wrinkles is below the threshold, identifying the consumer as a normal ager (see Figures 3, 8, and 12-13 and [0063] – “For example, for a combination of user's age 211 “40s” and wrinkle disappearing time 212 “2-6 seconds”, wrinkle type 213 “Potential” is provided. This indicates that in a case of a user in his/her 40s, a potential wrinkle has a wrinkle disappearing time of 2 seconds or more and less than 6 seconds, the wrinkle disappearing time being obtained when massage is performed”); and
sending a notification that the consumer is not at risk for premature aging (see [0096] – “Note that wrinkle care support device 100 may determine, for each wrinkle, a type of the wrinkle based on a wrinkle disappearing time of the wrinkle, and display results of the determination”, [0116] – “As with information output unit 170 of the second exemplary embodiment, information output unit 170a creates an information display image in which images showing results of the determination performed by wrinkle care information determiner 160a are superimposed on a representative image. Note, however, that an information display image to be created shows suggested care details but not wrinkle types”, and [0164] – “More specifically, when wrinkle care evaluator 180b determines that the wrinkle care has been effective, wrinkle care evaluator 180b creates and displays an information display image showing that the wrinkle care has been effective or that the suggested care details should be continued”).
Regarding claim 14, Shinoda et al. discloses the first state of the face comprises a relaxed face and the second state of the face comprises a duration after a facial expression of the consumer upon initial relaxation of the facial expression (see [0052] – “Image obtainer 120 obtains an image where a user's facial skin is photographed. More specifically, image obtainer 120 photographs video of a user's face at a frame rate (cycle) of 30 Hz to 60 Hz (hertz) through the above-described digital camera. Then, image obtainer 120 sequentially outputs frame images which form the photographed video to wrinkle detector 130. In addition, image obtainer 120 outputs a representative image of the video to information output unit 170” and [0177] – “For example, the wrinkle care support device may instruct a user, by an image or audio, to make a plurality of predetermined facial expressions, such as a smiling face, a confused face, a crying face, and an angry face, and detect a wrinkle state for each facial expression. Then, the wrinkle care support device may perform an overall analysis of results of the detection for the facial expressions, and detect (determine) potential wrinkles”).
Regarding claim 15, Shinoda et al. discloses the duration comprises at least one of a fraction of a second or 50 frame after a peak and relaxation of the facial expression, and wherein the facial expression comprises at least one of the consumer laughing, smiling, or frowning (see [0052] – “More specifically, image obtainer 120 photographs video of a user's face at a frame rate (cycle) of 30 Hz to 60 Hz (hertz) through the above-described digital camera”, [0177] – “For example, the wrinkle care support device may instruct a user, by an image or audio, to make a plurality of predetermined facial expressions, such as a smiling face, a confused face, a crying face, and an angry face, and detect a wrinkle state for each facial expression. Then, the wrinkle care support device may perform an overall analysis of results of the detection for the facial expressions, and detect (determine) potential wrinkles”, and [0178] – “The change in a wrinkle state may be, for example, a change in a level of a wrinkle obtained at a point in time when a predetermined period of time has elapsed from occurrence of the wrinkle (e.g., 3 seconds later)”).
Regarding claim 16, Shinoda et al. discloses determining an age of the consumer (see [0073] – “In step S1010, additional information obtainer 110 obtains user's additional information. Additional information to be obtained has, for example, pieces of content “user's age: 40s, temperature: 23° C., and humidity: 50%””); and
based on the age of the consumer, determining a threshold associated with identification of the consumer as at risk for premature aging (see Figures 3, 8, and 12-13 and [0065] – “In addition, such wrinkle type table 210 is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, [0114] – “In addition, such wrinkle care table 220a is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, and [0145] – “In addition, such evaluation table 230b and additional wrinkle care table 240b are created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”).
Regarding claim 17, Shinoda et al. discloses on a condition that the age of the consumer is within a first range, determining that the threshold is a first threshold (see Figures 3, 8, and 12-13 and [0065] – “In addition, such wrinkle type table 210 is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, [0114] – “In addition, such wrinkle care table 220a is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, and [0145] – “In addition, such evaluation table 230b and additional wrinkle care table 240b are created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”); and
on a condition that the age of the consumer is within a second range, determining that the threshold is a second threshold, wherein the second range is greater than the first range, and wherein the first threshold is greater than the second threshold (see Figures 3, 8, and 12-13 and [0065] – “In addition, such wrinkle type table 210 is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, [0114] – “In addition, such wrinkle care table 220a is created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”, and [0145] – “In addition, such evaluation table 230b and additional wrinkle care table 240b are created for combination patterns of various users' ages, temperatures, and humidities, based on experiments and empirical rules”).
Regarding claim 20, Shinoda et al. discloses the video data is received based on at least one of a camera associated with a phone, a kiosk, or a cosmetic device (see [0195] – “Note that although, in each the above-described exemplary embodiments, a wrinkle care support device is described as a tablet terminal including a digital camera, a liquid crystal display with a touch panel, and a wireless communication circuit, the wrinkle care support device may be a so-called electronic mirror device that is used as a mirror by displaying, on a display, an image photographed by a camera”).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinoda et al., further in view of Kang (US Publication No. 2020/0037732 A1).
Regarding claims 9 and 18, it is noted Shinoda et al. does not specifically teach based on the video data, determining a pigmentation of the face; on a condition that the pigmentation of the face is associated with a dark color, send a low-risk notification notifying that the consumer is low-risk for premature aging; and on a condition that the pigmentation of the face is associated with a light color, determining that the number of residual wrinkles is above or below a threshold. However, Kang teaches based on the video data, determine a pigmentation of the face (see [0121] – “The second processor 153-21 may generate skin condition information of the user including pigmentation by using the facial area image. The second processor 153-21 leaves only the melanin pigment when detecting the dark pigmented area with the brightness value of the facial area image, and then removing the red pigment by using the color difference value. Before that, the hair is detected and removed. The pigment is calculated only by its brightness values, and the pigmentation may be calculated by firstly applying a weight thereto according to its darkness and secondly applying a weight to the darkness relative to its surroundings and then summing them and dividing it by the value of the size of the facial area image” and [0124] – “The second processor 153-21 may generate the skin condition information of the user including the skin tone on the facial area image by converting RGB data of the facial area image into CIE LAB color data, mapping the CIE LAB color data to color chart data, and matching the color chart data to a Fitzpatrick classification grade or color chart data”); on a condition that the pigmentation of the face is associated with a dark color, send a low-risk notification notifying that the consumer is low-risk for premature aging (see [0126] – “The provider 154 may provide beauty counseling information when the amount of change between the calculated body feature and previously stored existing body feature exceeds a predetermined value (for example, 10%). The provider 154 may provide counseling information on the degree of obesity when the amount of change between the calculated curvature and previously stored existing curvature exceeds a predetermined value, and provide counseling information on the degree of aging when the amount of change between the generated skin condition information and previously stored existing skin condition information exceeds a predetermined value” and [0129] – “In addition, the recommender 155 may provide, as recommendation information, skin care information and/or diet information and/or procedure information that may alleviate skin aging when providing skin aging degree counseling information”); and on a condition that the pigmentation of the face is associated with a light color, determine that the number of residual wrinkles is above or below a threshold (see [0126] – “The provider 154 may provide beauty counseling information when the amount of change between the calculated body feature and previously stored existing body feature exceeds a predetermined value (for example, 10%). The provider 154 may provide counseling information on the degree of obesity when the amount of change between the calculated curvature and previously stored existing curvature exceeds a predetermined value, and provide counseling information on the degree of aging when the amount of change between the generated skin condition information and previously stored existing skin condition information exceeds a predetermined value” and [0129] – “In addition, the recommender 155 may provide, as recommendation information, skin care information and/or diet information and/or procedure information that may alleviate skin aging when providing skin aging degree counseling information”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device and method of Shinoda et al. to include based on the video data, determining a pigmentation of the face; on a condition that the pigmentation of the face is associated with a dark color, send a low-risk notification notifying that the consumer is low-risk for premature aging; and on a condition that the pigmentation of the face is associated with a light color, determining that the number of residual wrinkles is above or below a threshold, as disclosed in Kang, so as to provide counseling information on the degree of aging as well as recommendation information such as skin care, diet, or procedure information that may alleviate skin aging (see Kang: [0129]).
Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinoda et al., further in view of Mostashari et al. (US Publication No. 2024/0371202 A1).
Regarding claims 10 and 19, it is noted Shinoda et al. does not specifically teach to map the number of residual wrinkles comprises the processor being configured to: translate the number of residual wrinkles to the consumer risk for premature aging, wherein the translation comprises the processor being configured to assess the number of residual wrinkles to the consumer for premature aging via population correlation data between residual wrinkles and premature aging risk. However, Mostashari et al. teaches to map the number of residual wrinkles comprises the processor being configured to: translate the number of residual wrinkles to the consumer risk for premature aging, wherein the translation comprises the processor being configured to assess the number of residual wrinkles to the consumer for premature aging via population correlation data between residual wrinkles and premature aging risk (see [0033] – “The personalized report may further contain a comparison of the individual's data with the reference population data and contain comparisons of the individual's data at different times. The personalized report may further be utilized by the individual, or third-party, for example, a dermatologist or beauty professional, for recommending skincare products and treatments”, [0045] – “For example, by analyzing, via the age predictor engine 112, collected data in the reference population storage 108, the system improves predictions for the facial biological age. The system may further build predictive models for other facial age-related phenotypes (e.g. wrinkles, pigmented spots), skin age-related conditions (e.g. seborrheic keratosis), and skin diseases (e.g. basal cell carcinoma)”, and [0046] – “The system may infer that individuals with specific combinations of methylation markers are more likely to develop premature wrinkles, in particular, if they live in polluted areas”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device and method of Shinoda et al. to include to map the number of residual wrinkles comprises the processor being configured to: translate the number of residual wrinkles to the consumer risk for premature aging, wherein the translation comprises the processor being configured to assess the number of residual wrinkles to the consumer for premature aging via population correlation data between residual wrinkles and premature aging risk, as disclosed in Mostashari et al., so as to assess efficacies of anti-aging treatments and compounds by comparing facial biological age before and after treatment for a general population, or for specific population groups within a general population (see Mostashari et al.: [0026]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Qu et al. (US 2015/0099947 A1) describes determining a skin youthfulness index based on a number of visual skin parameters including wrinkle score and skin color/brightness among others.
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/DEVIN B HENSON/Primary Examiner, Art Unit 3791