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 .
This office action is responsive to communication filed on 05/20/2024.
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.
Claim 19 is 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.
Regarding claim 19, the term “a tangible kit” is not disclosed in the specification. The Examiner is unable to find where such term is being disclosed. It is not clear to what exactly Applicant is referring as a “tangible” kit.
Claim 20 is necessarily rejected as being dependent upon the rejection of claim 19.
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.
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter
Claims 1, 11, and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, and abstract idea, or a mental process) without significantly more. The claim(s) recite(s) an abstract idea.
The claims recite: “collecting user inputted personalized appearance and personality data through a series of prompts; analyzing said data with system data to calculate a personalized user profile containing a personalized color palette; creating an output comprising the personalized user profile and recommendations to the user based upon the personalized user profile”. The claims amount to simply provide recommendations to user(s) based on their personal profiles being processed. The claims have not shown anything that will prevent from being performed on paper or mental processes.
This judicial exception is not integrated into a practical application because all the elements of the claims recite general information which are abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the functions of the combined elements merely provide conventional computer implementation.
The dependent claims 2 – 10, 12 – 16, and 18 – 20 when analyzed and each taken as a whole are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitations fail to establish that claims are not directed to an abstract idea. There are no additional elements recited, so the claims do not provide a practical application and are not considered to be significantly more.
Thus, the claims as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. Therefore, the claims are not patent eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hunsmann et al (US 2024/0289865; hereinafter Hunsmann).
Regarding claim 1, Hunsmann discloses a color palette reference system and method (fig. 2), comprising:
collecting user inputted personalized appearance and personality data through a series of prompts (paragraphs [0023], [0029], [0052]; Hunsmann discloses that the customers will input their unique, personalized colors data into the online platform database via various websites);
analyzing said data with system data to calculate a personalized user profile containing a personalized color palette (paragraphs [0035], [0036], [0050], [0052]; Hunsmann discloses that this data can be analyzed using traditional data science and artificial intelligence. In addition to the color profile information that is collected within the databases);
creating an output comprising the personalized user profile and recommendations to the user based upon the personalized user profile (paragraphs [0035], [0038], [0050], [0052]; Hunsmann discloses that using the samples so far compiled in the process, perform a subjective analysis to finalize the color palette by gauging emotional and energetic response to the selected colors and by considering one's personal style preferences; (8) complete a system provided proprietary questionnaire to further define the color profile and inform system recommendations; and (9) compile final color profile choices into a personalized color palette reference system in a fixed place for storage and reference).
Regarding claim 2, Hunsmann discloses the color palette reference system and method of claim 1 wherein the steps are performed by an algorithm (paragraphs [0025], [0053]).
Regarding claim 3, Hunsmann discloses the reference system and method of claim 2, further comprising the user accessing the system through an interface available via the internet on an internet connected computation device (paragraph [0053]).
Regarding claim 4, Hunsmann discloses the color palette reference system and method of claim 3, wherein the interface available via the internet is a mobile application (paragraph [0053]).
Regarding claim 5, Hunsmann discloses the color palette reference system and method of claim 1, wherein the personalized appearance and personality data comprises the user’s hair color, skin tone, eye color, brow color, and contrast level (paragraphs [0033], [0038]; Hunsmann discloses that the facial analyses 106 involve both color analyses 106-A, and style analyses 106-B. Consistent with some embodiments, the style analyses 106-B involve using one or more machine learned models to analyze the selfie image and to detect or recognize certain facial features and facial characteristics; see also paragraphs [0050], [0056],[0070] of U.S. Application No. 18/045,424 which is incorporated by reference).
Regarding claim 6, Hunsmann discloses the color palette reference system and method of claim 1, wherein the system data comprises a color library (paragraphs [0051], [0053]).
Regarding claim 7, Hunsmann discloses the color palette reference system and method of claim 1, wherein the outputted recommendations comprise personalized style, beauty, and decoration suggestions (paragraphs [0013], [0015]; Hunsmann discloses that an end-user's style profile is then used as input to a product selection or matching module, which evaluates product data and the user's personal style profile in order to provide personalized product recommendations to the end-user).
Regarding claim 8, Hunsmann discloses the color palette reference system and method of claim 3, further comprising creating personalized web cookies containing portions of the personalized user profile (see paragraph [0044] of U.S. Application No. 18/045,424 which is incorporated by reference (Pub. No. US 2023/0129243)).
Regarding claim 9, Hunsmann discloses the color palette reference system and method of claim 8, further comprising transmitting the cookies to the user and retailers related to the recommendations (see paragraph [0044] of U.S. Application No. 18/045,424 which is incorporated by reference; Hunsmann’s 424 discloses that the web service may send a web cookie including the color palette information to the user's computer to be stored by the user's web browser while the user is browsing ).
Regarding claim 10, Hunsmann discloses the color palette reference system and method of claim 9, further comprising receiving web cookies containing merchandise data from the retailers and incorporating the merchandise data into the output (see paragraph [0044] of U.S. Application No. 18/045,424 which is incorporated by reference; Hunsmann’s 424 discloses that the web cookie can then be accessed by e-commerce websites to access the color palette information, and a style profile of the user. This would allow the user to shop in the future at any e-commerce websites that have access to the web cookie without submitting a new selfie).
Regarding claim 11, Hunsmann discloses a color palette reference system and method, comprising:
interfacing with a user via an internet-accessible platform (paragraph [0053]);
receiving user inputted personalized appearance and personality data through a series of prompts (paragraphs [0023], [0029], [0052]; Hunsmann discloses that the customers will input their unique, personalized colors data into the online platform database via various websites);
analyzing said data with a system-stored data library (paragraphs [0035], [0036], [0050], [0052]; Hunsmann discloses that this data can be analyzed using traditional data science and artificial intelligence. In addition to the color profile information that is collected within the databases);
generating a personalized user profile containing a personalized color palette (paragraph [0017]; Hunsmann discloses that various colors from an end-user's personalized color palette may be used to boost a ranking or relevance score assigned to a product, for example, when the product is known to be or have the corresponding color); and
generating an output comprising the personalized user profile (paragraphs [0035], [0038], [0050], [0052]; Hunsmann discloses that using the samples so far compiled in the process, perform a subjective analysis to finalize the color palette by gauging emotional and energetic response to the selected colors and by considering one's personal style preferences; (8) complete a system provided proprietary questionnaire to further define the color profile and inform system recommendations; and (9) compile final color profile choices into a personalized color palette reference system in a fixed place for storage and reference).
Regarding claim 12, Hunsmann discloses the color palette reference system and method of claim 11, wherein the output is further comprised of recommendations based on the personalized user profile and personalized color palette (paragraphs [0017], [0024], [0036]; Hunsmann discloses that Product selection and recommendation can thus depend on the extent to which a product profile of a product corresponds with or matches criteria set forth to map the product profile to a user’s style profile).
Regarding claim 13, Hunsmann discloses the color palette reference system and method of claim 11, further comprising:
creating personalized web cookies containing portions of the personalized user profile (see paragraph [0044] of U.S. Application No. 18/045,424 which is incorporated by reference);
transmitting the cookies to the user and recommended retailers (see paragraph [0044] of U.S. Application No. 18/045,424 which is incorporated by reference; Hunsmann’s 424 discloses that the web service may send a web cookie including the color palette information to the user's computer to be stored by the user's web browser while the user is browsing);
receiving web cookies containing merchandise data from the retailers (see paragraph [0044] of U.S. Application No. 18/045,424 which is incorporated by reference; Hunsmann’s 424 discloses that the web cookie can then be accessed by e-commerce websites to access the color palette information, and a style profile of the user. This would allow the user to shop in the future at any e-commerce websites that have access to the web cookie without submitting a new selfie); and
incorporating the merchandise data into the output (paragraph [0044]).
Regarding claim 14, Hunsmann discloses the color palette reference system and method of claim 11, wherein the internet-accessible platform is a mobile application (paragraph [0053]).
Regarding claim 15, Hunsmann discloses the color palette reference system and method of claim 11, wherein the personalized appearance and personality data comprises the user’s hair color, skin tone, eye color, brow color, and contrast level (paragraphs [0033], [0038]; Hunsmann discloses that the facial analyses 106 involve both color analyses 106-A, and style analyses 106-B. Consistent with some embodiments, the style analyses 106-B involve using one or more machine learned models to analyze the selfie image and to detect or recognize certain facial features and facial characteristics; see also paragraphs [0050], [0056],[0070] of U.S. Application No. 18/045,424 which is incorporated by reference).
Regarding claim 16, Hunsmann discloses the color palette reference system and method of claim 11, wherein the system- stored data library is comprised of a color library containing a plurality of color hues and tones (paragraphs [0004], [0058]; Hunsmann discloses that colors can be affiliated with each other based on hue, which then can be added, or removed, from the personalized version of the color profile.).
Regarding claim 17, Hunsmann discloses a color palette reference system and method, comprising:
instructing a user through a series of prompts related to the user’s appearance and personality (paragraphs [0023], [0029], [0052]; Hunsmann discloses that the customers will input their unique, personalized colors data into the online platform database via various websites);
instructing the user to use a plurality of color palette samples in various shades and tones to determine a personalized user color profile based on the prompt responses (paragraph [0014]; Hunsmann discloses that the color samples are weighted and evaluated to determine a color type of the end-user. The color type of the end-user can be selected from multiple color types based on the color sampling. With some embodiments, the determined color type may be a set or palette of colors that complement the user, for example, based on the skin tone or complexion of the user. Details of the color type determination system and method are described in related, U.S. Pat. No. 10,984,559, entitled, “Color Engine.”);
compiling a plurality of color palette samples matching the personalized user color profile into a personalized color palette reference (paragraph [0014]; Hunsmann discloses that the determined color type may be a set or palette of colors that complement the user, for example, based on the skin tone or complexion of the user);
providing the personalized color palette reference to the user in a portable container (paragraph [0048] of U.S. Application No. 18/045,424 which is incorporated by reference; Hunsmann discloses that these are analyzed for color content by color sample analysis logic, and base color results from the analysis are used to look up a well-matched color palette for the user's face based on configured lookup rules/associations. The determined color palette is returned to the user (e.g., via the user's web browser), and/or is stored in the user’s profile).
Regarding claim 18, Hunsmann discloses the color palette reference system and method of claim 17, wherein the prompts solicit the user’s hair color, skin tone, eye color, brow color, and contrast level (paragraphs [0033], [0038]; Hunsmann discloses that the facial analyses 106 involve both color analyses 106-A, and style analyses 106-B. Consistent with some embodiments, the style analyses 106-B involve using one or more machine learned models to analyze the selfie image and to detect or recognize certain facial features and facial characteristics; see also paragraphs [0050], [0056],[0070] of U.S. Application No. 18/045,424 which is incorporated by reference).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hunsmann et al (US 2024/0289865; hereinafter Hunsmann) in view of Webb et al (US 2006/0195369; hereinafter Webb).
Regarding claim 19, Hunsmann discloses all the limitations in claim 17, but fails to specifically disclose that the color palette reference system and method comprises a tangible kit, said kit having a box containing an instruction book and a plurality of receptacles, each receptacle capable of receiving a plurality of color palette samples; and wherein the personalized color palette reference comprises a selection of the color palette samples determined by the responses, said personalized color palette reference being bound and accompanied by a portable storage unit.
Webb, in an analogous art, discloses the color palette reference system and method comprises a tangible kit, said kit having a box containing an instruction book and a plurality of receptacles, each receptacle capable of receiving a plurality of color palette samples (fig. 17; paragraphs [0058 - 0059], [0061 – 0063]; Webb discloses that each of which may have seven different colors thereon and which may, for example, be sufficient in number to depict over 1600 available colors of a paint collection. Finally, a brochure library selection button 97 is provided linking to a brochure library selection page, which includes buttons 135 enabling selection of one of a plurality of brochure libraries 145, 147, 149 ); and wherein the personalized color palette reference comprises a selection of the color palette samples determined by the responses, said personalized color palette reference being bound and accompanied by a portable storage unit (153, 155, 157, fig. 8; fig. 17; paragraphs [0052 – 0054], [0061 – 0063]; Webb discloses that four 8 oz. paint samples, which have been custom made to conform to the user's selection from over 1600 colors or may comprise designer kits of four pre-selected colors, as described further below. The sample pack 155 may further include a plurality of rollers, roller trays, a roller handle and a matching preview swatch featuring stripes of the same colors as the samples, e.g., 157. Thus the kit 155 provides the user with everything needed to test the selected color sample set at home).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Hunsmann by that the color palette reference system and method comprises a tangible kit, said kit having a box containing an instruction book and a plurality of receptacles, each receptacle capable of receiving a plurality of color palette samples; and wherein the personalized color palette reference comprises a selection of the color palette samples determined by the responses, said personalized color palette reference being bound and accompanied by a portable storage unit as evidenced by Webb for the purpose of providing the consumers the ability to select and purchase samples of selected paint colors and other decorative materials from home in an effective and reliable manner.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Hunsmann et al (US 2024/0289865; hereinafter Hunsmann) in view of Webb et al (US 2006/0195369; hereinafter Webb), and further in view of Tseng et al (US 6,719,439; hereinafter Tseng).
Hunsmann and Webb disclose all the limitations in claim 19, but fail to specifically disclose the color palette samples are folium-shaped petals and the receptacles are contoured to receive said folium-shaped petal color palette samples.
Tseng, in an analogous art, discloses the color palette samples are folium-shaped petals and the receptacles are contoured to receive said folium-shaped petal color palette samples (abstract; figs. 1-9; col. 1, lines 23 - 34 ; Tseng discloses that a type of decorative lamp appeared on the market that has discrete petals on the corolla portion. The petals are designed over the surface of a cylindrical tube, and several of these are placed over the lamp bulb like sleeve tubes, each on top of the other, so as to bring on a column of colorful floral lighting under the illumination from the stamen).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Hunsmann and Webb by showing that the color palette samples are folium-shaped petals and the receptacles are contoured to receive said folium-shaped petal color palette samples as evidenced by Tseng for the purpose of creating a layered petals design for boosting the ornamental lighting atmosphere; thereby increasing the visual value, such as good appearance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hunsmann et al (US 2023/0129243) discloses a style profile engine.
Tokiwa Togashi (US 2018/0235850) discloses a cosmetic product and method for producing the same.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVES DALENCOURT whose telephone number is (571)272-3998. The examiner can normally be reached M-F 8AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ario Etienne can be reached at 571-272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YVES DALENCOURT/Primary Examiner, Art Unit 2457