DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
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) 1-6, 13, 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wong (US 20120067364 A1).
As to claim 1, Wong teaches a system, comprising:
a communication interface via which the system is communicatively connected to a smart cosmetics apparatus that is configured to cause makeup looks to be applied to a person ([Figs. 1-2, 11-12] [0049, 0051] The cosmetics provider 3 is controlled by the control device 4 to output the materials and perform a makeup-application operation… The display 421 and the human-machine interface are used to input a program or command to the control device 4 for controlling the robot 2 and the cosmetics provider 3 to automatically apply facial make-up… The makeup-application operation and control unit of the control device 4 can transform the makeup-application profile C into a moving path of the robot 2 and a make-up control signal for the cosmetics provider 3, such that the control device 4 can control the robot 2 to move the cosmetics provider 3 to the make-up application position T corresponding to the facial contour F1 to apply make-up. In this case, the make-up is applied on one upper eyelid, and the cosmetics provider 3 is driven to jet out the cosmetic material);
a data store storing indications of associations between one or more bounded locations and a respective makeup look that is to be applied to the person when the person is within each bounded location of the one or more bounded locations ([Figs. 1-2, 8-9, 11-14 indicating the control device determine whether the user is within an available makeup range and a desired makeup application profile is selected, in order to apply the desired makeup to the user] [0051-0055, 0072-0074] the specific facial image F and the makeup-application profile C can be a pre-made autodyne picture of a user that is input by the externally connected flash drive, or pre-stored in an image database 45 built in the control device 4… The makeup-application operation and control unit of the control device 4 can transform the makeup-application profile C into a moving path of the robot 2 and a make-up control signal for the cosmetics provider 3, such that the control device 4 can control the robot 2 to move the cosmetics provider 3 to the make-up application position T corresponding to the facial contour F1 to apply make-up… the jaw support 111 and head-positioning element 112 of the face-positioning module 11 can have a security sensor 6 to detect whether the face is within safe range of the make-up application position… When the face of the user is out of the jaw support 111 or does not touch the head-positioning element 112, the security sensor 6 can detect an abnormality due to the pressure change, so as to output an abnormal signal A to the control device 4 to thereby control the cosmetics provider not to provide the material);
one or more processors; and computer-executable instructions that are stored on one or more memories of the system and that are executable by the one or more processors to cause the system to [0012]:
detect, via one or more sensors, that the person has entered into a bounded location in which makeup looks of the person are to be controlled ([0013, 0053, 0073-0074] a security sensor electrically connected to the control device in order to detect whether the face is out of an available make-up range… the jaw support 111 and head-positioning element 112 of the face-positioning module 11 can have a security sensor 6 to detect whether the face is within safe range of the make-up application position… the security sensor 6 can cooperate with the distance-measuring device 43 or the face-positioning module 11 of the machine to, for example, indicate that the face of the user is accurately positioned on the make-up application position T when the face of the user disposes on the face-positioning module 11 or the head-positioning element 112 of the face-positioning module 11 is a full-size element to completely cover the head. Alternately, the operation is interrupted when the distance-measuring device 43 detects a wrong distance, thereby excluding the control device to drive the cosmetics provider 3 to output the cosmetic material 31 to a user not accurately positioned on the make-up application position T); and
responsive to the detection:
obtain, from the data store, an indication of a location-specific makeup look for the person while the person is within the bounded location, and transmit, via the communication interface and a wireless transceiver, one or more control signals instructing the smart cosmetics apparatus to cause the location-specific makeup look to be applied to the person ([0051, 0054-0055, 0061] the specific facial image F and the makeup-application profile C can be a pre-made autodyne picture of a user that is input by the externally connected flash drive, or pre-stored in an image database 45 built in the control device 4…. The makeup-application simulation unit of the control device 4 has a makeup-application simulation software to edit the specific facial image F into the makeup-application profile C. The makeup-application operation and control unit of the control device 4 can transform the makeup-application profile C into a moving path of the robot 2 and a make-up control signal for the cosmetics provider 3, such that the control device 4 can control the robot 2 to move the cosmetics provider 3 to the make-up application position T corresponding to the facial contour F1 to apply make-up. In this case, the make-up is applied on one upper eyelid, and the cosmetics provider 3 is driven to jet out the cosmetic material 31 (such as an eye shadow material) through the piezoelectric nozzle 32 based on the makeup-application profile C... A user can input a specific facial image F or a makeup-application profile C through the input interface 41 from the external storage device 44 to the control device 4, or directly extract a specific facial image F or a facial contour F1 from the built-in storage device 44 of the control device 4 in order to edit the specific facial image F or the facial contour F1 as a desired makeup-application profile C. The edit can be done by the makeup-application simulation software of the makeup-application simulation unit of the control device 4. In this case, the preset eye shadow make-up and associated materials, colors, and proportions are selected to modify the makeup-application profile C. For example, the parameters of color, lighting, saturation, and contrast are added to automatically adjust and meet with the color requirement of the user. Next, the display 421 displays the makeup-application profile C after the simulation, such that the user can preview the eye shadow color or the texture of the applied cosmetics to decide if it is appropriate or meets with the requirement… Next, the user selects a make-up application position T and disposes the face on the face-positioning module 11…. Next, the control device 4 changes the make-up application position T of the makeup-application profile C into a control signal of the robot 2 and cosmetics provider 3 to control an application path of the robot 2 and an automatic makeup-application operation of the cosmetic provider 3. Next, a directional position signal measured by the distance-measuring device 43 is input to the control device 4 for obtaining an alignment signal to align the axis-direction position which, in this case, indicates the X axis of FIG. 1. Next, the control device 4 controls the robot 2 and the cosmetic provider 3 to perform the makeup application processing, i.e., detecting whether all make-up operations are complete).
As to claim 2, Wong teaches detect, via the one or more sensors and subsequent to the transmission of the first set of control signals, that the person has exited from the bounded location; and transmit, via communication interface and the wireless transceiver, a second set of control signals instructing the smart cosmetics apparatus to cause the location-specific makeup look that has been applied to the person to be modified or removed from the person ([0053, 0073] When the face of the user is out of the jaw support 111 or does not touch the head-positioning element 112, the security sensor 6 can detect an abnormality… so as to output an abnormal signal A to the control device 4 to thereby control the cosmetics provider not to provide the material. Thus, the security sensor 6 can exclude the jetting cosmetic material from touching the eyes or unwanted parts of the face that are not appropriately positioned on the face-positioning module 11…. the operation is interrupted when the distance-measuring device 43 detects a wrong distance, thereby excluding the control device to drive the cosmetics provider 3 to output the cosmetic material 31 to a user not accurately positioned on the make-up application position T).
As to claim 3, Wong teaches the smart cosmetics apparatus includes a smart cosmetics package in which a cosmetic product is contained; the transmission of the one or more control signals includes a transmission of a control signal to the smart cosmetics package; and responsive to a reception of the control signal, the smart cosmetics package dispenses a predetermined amount of the cosmetic product corresponding to the location-specific makeup look for the person [0049-0051].
As to claim 4, Wong teaches the smart cosmetics apparatus includes a smart cosmetics applicator; the transmission of the one or more control signals includes a transmission of a control signal to the smart cosmetics applicator; and responsive to reception of the control signal, the smart cosmetics applicator applies a cosmetic product to the person in accordance with the location-specific makeup look for the person [0049-0055].
As to claim 5, Wong teaches the smart cosmetics apparatus includes a smart cosmetic product; the transmission of the one or more control signals includes a transmission of a control signal to the smart cosmetic product; and responsive to reception of the control signal, the smart cosmetic product changes a visual appearance of the smart cosmetic product in accordance with the location-specific makeup look for the person [0049-0055].
As to claim 6, Wong teaches the smart cosmetic product has been applied to the person, and the transmission of the control signal to the smart cosmetic product is a transmission of the control signal to the smart cosmetic product that has been applied to the person [0049-0055].
As to claim 13, Wong teaches customize an application of the location-specific makeup look to the person based on at least one of: a facial feature of the person, a skin type of the person, one or more personal preferences of the person, a characteristic of an environment of the bounded location, an occasion or event corresponding to the bounded location, or a property of a cosmetic product utilized for the location-specific makeup look; and the one or more control signals are indicative of the customization of the application of the location-specific makeup look for the person [0054, 0072-0074].
As to claim 15, Wong teaches a user interface, and wherein at least one of: the location-specific makeup look is based on one or more preferences indicated by the person or an agent of the person via the user interface; or the association between the bounded location and the location-specific makeup look for the person is defined via the user interface [0054, 0072-0074].
As to claim 16, Wong teaches the definition, via the user interface, of the association between the bounded location and the location-specific makeup look for the person is responsive to a presentation, at the user interface, of a simulation of the location-specific makeup look applied to the person within an environment of the bounded location [0054, 0072-0074].
As to claim 17, Wong teaches the smart cosmetics apparatus [Figs. 1-2, 11-12] [0049-0055].
As to claim 18, Wong teaches the smart cosmetics apparatus is at least one of paired with or authenticated to the system [Figs. 1-2, 11-12] [0049-0055].
As to claim 19, Wong teaches the smart cosmetics apparatus is included in a plurality of smart cosmetics apparatuses corresponding to the person; the plurality of smart cosmetics apparatuses includes two or more of: a smart cosmetics package, a smart cosmetics applicator, a smart cosmetic product, or a smart cosmetics guide; and the system transmits a respective control signal to each smart cosmetics apparatus, the respective control signal instructing the each smart cosmetics apparatus to cause the location-specific makeup look to be applied to the person [Figs. 1-2, 11-12] [0049-0055].
As to claim 20, Wong teaches the system includes the plurality of smart cosmetics apparatuses corresponding to the person [Figs. 1-2, 11-12] [0049-0055].
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.
Claim(s) 7-12, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong in view of Sartori Odizzio et al. (hereinafter “Sartori Odizzio”) (US 20210383460 A1).
As to claim 7, Wong teaches the smart cosmetics apparatus includes a smart cosmetics guide; the transmission of the one or more control signals includes a transmission of a control signal to the smart cosmetics guide by using makeup-application simulation software of the makeup-application simulation unit of the control device to modify the makeup-application profile. For example, the parameters of color, lighting, saturation, and contrast are added to automatically adjust and meet with the color requirement of the user. Next, the display displays the makeup-application profile C after the simulation, such that the user can preview the eye shadow color or the texture of the applied cosmetics to decide if it is appropriate or meets with the requirement [0054]. Wong does not explicitly teach the smart cosmetics guide positions an overlay on the person, the overlay being indicative of a guide to applying the location-specific makeup look to the person.
However, Sartori Odizzio teaches a system and method for generating and calibrating virtual makeup products that can be applied to images to simulate the application of real-world makeup products. Especially, Sartori Odizzio teaches a smart guide positions an overlay on the person, the overlay being indicative of a guide to applying the location-specific makeup look to the person [Figs. 8-9] [0043-0045, 0048-0049, 0070-0072].
Wong and Sartori Odizzio are analogous art because they are from the same field of endeavor of assisting user to perform makeup operation. At the time before the effective filing date of the invention it would have been obvious to a person of ordinary skill in the art to using a display to present an overlay on a person to applying desired makeup look to the person. Therefore, it would have been obvious to an ordinary person skilled in the art before the effective filing date of the invention to incorporate the teachings of Sartori Odizzio with the teachings of Wong for the purpose of providing an overlay guide to the person to perform makeup operation as specified in the claim 7.
As to claim 8, Sartori Odizzio teaches the overlay is an augmented reality overlay [0077].
As to claim 9, Sartori Odizzio teaches the overlay is customized for the person based on the location-specific makeup look and at least one of: a facial feature of the person, a skin type of the person, a characteristic of an environment of the bounded location, an occasion or event corresponding to the bounded location, or a property of a cosmetic product utilized for the location-specific makeup look [Figs. 8-9] [0043-0045, 0048-0053, 0070-0072, 0082].
As to claim 10, Wong teaches present, on a user interface, a simulation of the location-specific makeup look applied to the person within an environment of the bounded location; receive, via the user interface, of an approval of the simulation; and responsive to the reception of the approval [0054]. Sartori Odizzio teaches generate the overlay in accordance with the approved simulation [Figs. 8-9] [0043-0045, 0048-0053, 0070-0072, 0082].
As to claim 11, Wong teaches the presentation of the simulation is a presentation of an initial simulation; the computer-executable instructions are executable to cause the system further to receive, via the user interface, an indication of a change to the initial simulation, and update the simulation in accordance with the change; and the approval of the simulation is an approval of the updated simulation [0054, 0072-0074].
As to claim 12, Sartori Odizzio teaches the simulation is a virtual reality simulation [0077].
As to claim 14, Sartori Odizzio teaches the second computer-executable instructions include a machine learning model trained on historical data indicative of one or more facial features of the person, the skin type of the person, the one or more personal preferences of the person, respective characteristics of a plurality of different environments, one or more respective properties of a plurality of cosmetic products used in creating makeup looks, and a plurality of different makeup looks; and the system further comprises third computer-executable instructions stored on the one or more memories and executable by the one or more processors to cause the system to: update the historical data to include data indicative of the application of the location-specific makeup look to the person; re-train the machine learning model utilizing the updated historical data; and utilize the re-trained machine learning model to cause a second location-specific makeup look to be applied to the person [0096, 0105-0108].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHIPENG WANG whose telephone number is (571)272-5437. The examiner can normally be reached Monday-Friday 10-7.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at 5712722279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZHIPENG WANG/Primary Examiner, Art Unit 2115
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