DETAILED ACTION
Status of Claims
In response to applicant’s preliminary amendment, claims 1-18 and 42-43 are pending in this application.
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.
Claims 1-3, 6, 11-16, and 42-43, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Troutman et al. (US 2022/0207802).
Regarding claims 1-2, and 42-43, Troutman discloses a system for assistance with makeup application, comprising sensors to capture real-time data of a face of a user. See paragraph 0060 (note the camera as per claim 2). Troutman discloses wherein the system creates a 3D map of the user’s face based upon the data. See paragraph 0061 and 0065. Troutman discloses wherein one or more facial features of the user is identified on the map. See paragraphs 0069 and 0075. Troutman discloses wherein guidance is provided to apply a cosmetic product so as to achieve a makeup look selected by the user, and wherein the guidance is superimposed on the user’s image. See paragraphs 0078-0079, 0083, and 0088-0089 – the instructional display on the video of the user’s face is reasonably considered as a HUD.
Regarding claim 3, Troutman discloses step by step guidance in paragraph 0048. The updating of the image with the steps is described in paragraphs 0091 and 0099.
Regarding claim 6, Troutman discloses an audio aspect for the training in paragraph 0100.
Regarding claims 11-13, Troutman discloses wherein information can be sent to a mobile device wired or wirelessly. See paragraphs 0037.
Regarding claim 14, Troutman discloses an AR component in paragraph 0095.
Regarding claim 15-16, Troutman discloses a 3D preview of the selected makeup look and application in paragraphs 0088-0089.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Troutman et al. (US 2022/0207802) in view of Kosecoff (US 2023/0101374).
Regarding claim 4, Troutman does not disclose explicitly lines and arrows in the instructions. However, such instructional aids are common, as is disclosed by the training system of Kosecoff in paragraph 0082. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider this with the Troutman system, so as to provide useful instructions.
Regarding claim 5, Troutman does not disclose wherein the makeup stays with the user even with movement. However, this is an established feature with regard to training systems, and is disclosed by Kosecoff in paragraph 0083. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider this with the Troutman system, in order to provide a realistic simulation.
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Troutman et al. (US 2022/0207802) in view of Karunamuni (US 12,265,687).
Regarding claims 7-10, Troutman does not disclose haptic feedback of various patterns, which can be applied to an external device, such as a bracelet. However, these manners of feedback are established with regard to training systems, as is disclosed by Kurunamuni in col. 10: 49-53 (haptic patterns) and col. 91: 26-41 (feedback to external devices). It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider such concepts with regard to the Troutman system, so as to provide various versatile feedback scenarios.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Troutman et al. (US 2022/0207802) in view of Besen et al. (US 10,810,902).
Regarding claims 17-18, Troutman does not disclose wherein the system comprises a light for the face of the user. However, this is established with regard to similar systems, as is disclosed by the makeup application system of Besen in col. 5: 45-55. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider such with the Troutman system, so as to acquire detailed images for analysis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY A MUSSELMAN whose telephone number is (571)272-1814. The examiner can normally be reached Monday - Thursday, 8:00AM - 4:00PM.
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TIMOTHY A. MUSSELMAN
Primary Examiner
Art Unit 3715
/TIMOTHY A MUSSELMAN/Primary Examiner, Art Unit 3715