DETAILED ACTION
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)(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.
Claim(s) 1, 6-10, 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pack et al, (US 201210076707).
Claims 1 and 10, Pack discloses a dispenser (100; FIG 5) configured to receive a cartridge set of two or more cartridges (151) and to dispense a specified amount of formula from each cartridge ([0138] – [0140]), wherein each cartridge contains a formula and an electronic communication and storage device ([0129]; [0206] - [0209]), wherein the electronic communication and storage device of each cartridge stores data including one or more keys to check compatibility of the cartridges in the cartridge set (any or all of the information recorded on the cartridge may be used to determine if it is the correct cartridge, i.e. cosmetic type, cosmetic contained, manufacturing date, expiration date, ect…), and one or more tracks (905; FIG 7, 10a & 15), each track specifying dosages for the cartridge for each administering of formulas.
Claim 6, Pack discloses wherein each cartridge contains a skincare ingredient selected from the group consisting of alpha hydroxy acids, Vitamin C, Vitamin E ([0138] to [0140]), hyaluronic acid, ferulic acid, retinol, cucumber, thyme, mulberry, and combinations thereof.
Claim 7, Pack discloses wherein the electronic communication and storage device includes data indicating a status of each cartridge is ready for dispensing ([0127], [0129]; S41, FIG 14-15).
Claims 8-9 are optionally claimed and therefore are inherently rejected, in light of the rejection of claim 1.
Claim 15, Pack discloses wherein the dispenser is connected to a computing device (10), the computing device includes an app ([0102]) that is configured to perform a method including, analyzing a user's skin condition ([0098] to [0100]), assessing environmental conditions that influence a user's skin, receiving a skincare concern of a user, and specifying the amounts of formulas to be dispensed, wherein the method is performed without connecting to the computing device (mobile unit 10 is not necessary for operation of dispenser 100), wherein each cartridge contains a skincare ingredient ([0138] to [0140]) selected from the group consisting of alpha hydroxy acids, Vitamin C, Vitamin E, hyaluronic acid, ferulic acid, retinol, cucumber, thyme, mulberry, and combinations thereof.
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.
Claim(s) 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Pack et al as applied to claim 1 and 10 above, and further in view of Koerner et al (US 20050269374 A1).
Claims 2 and 11, Pack substantially discloses the apparatus as claimed above but is silent on wherein the dispenser includes a counter configured to increment upon a trigger event, wherein the counter keeps a chronological order, wherein each increment in the counter corresponds to each administering of formulas.
Koerner teaches wherein the dispenser includes a counter ([0009], [0015], [0017]) configured to increment upon a trigger event, wherein the counter keeps a chronological order, wherein each increment in the counter corresponds to each administering of formulas.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Pack with counter as taught by Koerner in order to track dispensed doses of a medium.
Claim(s) 3-5 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Pack et al as applied to claim 1 and 10 above, and further in view of Salisbury (US 20040181681 A1).
Claims 3 and 12, Pack substantially discloses the apparatus as claimed above but is silent on wherein the keys include a sub-type key and a combination key, and the dispenser includes a CPU configured to allow dispensing after performing a compatibility check using the keys.
Salisbury teaches wherein the keys include a sub-type key and a combination key ([0031] – [0032]), and the dispenser includes a CPU configured to allow dispensing after performing a compatibility check using the keys ([0028] – [0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Pack with encryption as taught by Salisbury in order to provide validation of cartridges to ensure only authentic cartridges are used.
Claims 4 and 13, the modified apparatus of Pack teaches wherein the sub-type key of each cartridge is the same, the combination key of each cartridge is different, and the combination keys of all cartridges follow a rule (Salisbury: [0031] – [0033]).
Claims 5 and 14, the modified apparatus of Pack teaches wherein the rule requires combination keys to be associated with a numerical value, and the sum of the numerical values is a multiple of a number determined in advance (Salisbury: [0031] – [0033]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
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