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 .
Election/Restrictions
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/26/2026.
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) 1, 6-9, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 2020/0405039 A1), and further in view of Schwartz (US 2015/0231582 A1).
Re: Claim 1, Jung discloses the claimed invention including a cosmetic dispenser comprising:
a base (1) comprising:
multiple cartridge receptacles (23) configured to receive removable cartridges, each of the removable cartridges (30 being configured to contain a different pigment (Fig. 7A); and
multiple pumps (33), each of the pumps coupled to a respective cartridge receptacle of the cartridges and configured to dispense pigment from the respective cartridge to a container (Fig. 4-6, Para. 45, dispensing into a container); and
a wand structure (2) comprising:
a scanner including a skin color sensor configured to capture data indicative of a user's skin tone, the wand structure being physically removable from the base to operate the scanner (Para. 65, measures skin condition);
a controller (3, 4) configured to:
receive, from the wand structure electrically coupled to the controller, the data indicative of the user's skin color (Fig. 1, Para. 68, wand electrically couples with controller and can be received on the base),
determine an amount of each pigment in the cartridges needed to create a cosmetic foundation having a shade of the user's skin color when combined with a foundation base (Para. 67, calculates the amount of each ingredient needed), and
cause one or more of the pumps to dispense, from respective cartridges, the amount of each pigment needed to create the cosmetic foundation having the shade of the user's skin tone when combined with the foundation base in the container (Fig. 4-6, Para. 62, pumps discharge cosmetic based on skin information) except for a cavity configured to receive the wand structure and electrically couple to the base and the wand electrically couples when disposed therein. However, Schwartz discloses a cavity in the base (102) configured to receive a sensor structure (112) (Para. 72-75, sensor received in cavity in the base electrically coupling to base)
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a cavity for storing a sensor as taught by Schwartz, since Schwartz states in para. 75 that it would have been obvious to be located on the sides of the portable cosmetic creator or on other locations as well or, the sensor may be flush with the outer surface of the portable cosmetic creator and may include pockets so that it may be pulled out of its storage location in the portable. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70
Re: Claim 6, Jung as modified by Schwartz in the rejection of claim 1 above discloses the claimed invention including the cavity is a notch cavity at least partially surrounded by the base (Schwartz: Para. 75, partially surrounded by base), and wherein the wand structure is removable from the notch so that the scanner can be uncoupled from the cosmetic dispenser to measure the user's skin color (Schwartz: Fig. 75-76, may be pulled out of the notch to be uncoupled thereto) .
Re: Claim 7, Jung as modified by Schwartz in the rejection of claim 1 above discloses the claimed invention including the wand structure is configured to be inserted into the cavity to electrically couple to the base (Schwartz: Fig. 75-76, electrically couples with base in cavity) .
Re: Claim 8, Jung as modified by Schwartz in the rejection of claim 1 above discloses the claimed invention including the wand structure is configured to be disposed in the cavity so that a portion of an outer surface of the wand structure forms a portion of an outer surface of the base when the wand structure is disposed in the cavity (Schwartz: Figs. 1-3, Para. 75, portion of sensor structure outer surface is portion of outer surface of the base).
Re: Claim 9, Jung discloses the claimed invention including a foundation base cartridge receptacle configured to receive a foundation base cartridge configured to contain the base for the foundation(para. 6, 13, any cosmetic as needed by user can be stored in the cartridges including a base substance); and
an additional pump configured to dispense the foundation base from the foundation base cartridge to the container (para. 6, 13, any cosmetic as needed by user can be stored in the cartridges);
wherein the controller is further configured to cause the additional pump to dispense an amount of foundation base from the foundation base cartridge to the container (para. 6, 13, any cosmetic as needed by user can be stored in the cartridges).
Re: Claim 13, Jung discloses the claimed invention including the pumps include peristaltic pumps, diaphragm pumps, centrifugal pumps, piston pumps, or plunger pumps (Fig. 6, Para. 52, piston pump).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 2020/0405039 A1) and Schwartz (US 2015/0231582 A1) as applied to claim 1 above, and further in view of von Kraus et al. (US 2019/0144252 A1).
Re: Claim 2, Jung discloses the claimed invention including drip sensors, each of the dispense sensors (54) coupled to an end of a respective cartridge, wherein each of the dispense sensors is configured to detect an amount of pigment dispensed from the respective cartridge, and wherein the controller is configured to deactivate the one or more of the pumps when the drip sensors detect that the amount of each pigment needed has been dispensed (Para. 55, counts each time the pump moves to drip fluid for discharge, thus calculating the amount dispensed) except for the dispenser sensor expressly detecting drips. However, von Kraus teaches drip sensors (5200), each of the drip sensors coupled to an end of a respective cartridge (Para. 17, drop sensor for each cartridge), wherein each of the drip sensors is configured to detect an amount of pigment dispensed from the respective cartridge (Para. 17, detects amount of fluid dispensed), and wherein the controller is configured to deactivate the one or more of the pumps when the drip sensors detect that the amount of each pigment needed has been dispensed (Para. 301, controller deactivates pump once amount needed is dispensed).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include drop sensors as taught by von Kraus, since von Kraus states in para. 306 that such a modification provides a means for accurately evaluating a number of drops dispensed, as it is useful for drops to fall consistently in a known location.
Claim(s) 3, 4, 10, 11, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 2020/0405039 A1) and Schwartz (US 2015/0231582 A1) as applied to claim 1 above, and further in view of Igarashi (US 2014/0081463 A1).
Re: Claim 3, Jung discloses the claimed invention including a heat exchanger (81) coupled to the pumps (Para. 58) except for a heater configured to heat the pigment during dispensing of pigment from the respective cartridge. However, Ignarashi heater coupled to the pumps, the heater configured to heat the pigment during dispensing of pigment from the respective cartridge (Para. 169, for maintaining fluid viscosity of liquid material).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include the heater as taught by Ignarashi, since Ignarashi states in para. 169 that such a modification maintains a fluid viscosity of all liquid materials.
Re: Claim 4, Jung discloses the claimed invention including a light capturing sensor (71) (Para. 57, optical sensor inherently detects light in some capacity) except for expressly stating a photoelectric sensor or a Light Detection and Ranging (LIDAR) sensor. However, Ignarashi discloses a photoelectric sensor (Fig. 12, Para. 36, photoelectric sensor within the spectrometer). It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include the photoelectric sensor of Ignarashi, since Ignarashi states in paragraph 143 that such modification add efficiencies by allowing for the use of light weight, less expensive and small colorimeters that are more consumer friendly as compared to the large and expensive spectrophotometers of the related art.
Re: Claim 10, Jung discloses the claimed invention including determining a condition of the user’s skin (para. 57 optical sensor for detecting condition of a user’s skin) except for expressly stating converting the data indicative of the user's skin color into a color format for determining said shade. However, Ignarashi discloses determining shade of user’s skin tone by converting the data indicative of the user's skin color into a color format for determining said shade (Figs. 1A, 10-12, Para. 133, 146-148m converting skin data into color format.)
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include color format data conversion as taught by Ignarashi, since Ignarashi states in paragraph 146 that such a modification provides color analysis subroutine accepts color information and derives the proper amount of pigments, thinners, and additives to dispense, such that a more accurate, minimal waste, final product can be dispensed.
Re: Claim 11, Jung discloses the claimed invention including cosmetics (which often includes colors) except for expressly mentioning pigments. However, Ignarashi teaches dispensing pigments include a red, green, blue, black, yellow, cyan, magenta, and/or white colored pigment (Para. 133, plurality of color pigments to produce any color).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include color pigments as taught by Ignarashi, since Ignarashi states in paragraph 170 that such a modification provides an original formulation of color for each customer and thus the fabrication of individual custom color formulas using all the available pigments to recreate any color.
Re: Claim 14, Jung discloses the claimed invention except for a mixer. However, Ignarashi discloses a mixer configured to mix the container including the dispensed pigments and the.base in the container (Fig 1A, 10-12; para 36, mixer)
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a mixer as taught by Ignarashi, since Ignarashi states in para. 33 that such a modification provides for homogenizing for best mixing result and avoiding separation.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 2020/0405039 A1) and Schwartz (US 2015/0231582 A1) as applied to claim 1 above, and further in view of Xie et al. (US 2022/0331585 A1).
Re: Claim 5, Jung discloses the claimed invention except for expressly stating a touch sensor for the scanner. However, However, Xie teaches a device (Fig. 1A-2B; para 341, comprising a touch sensor configured to determine whether the scanner is in contact with the user's skin touch sensor determining whether device is in contact with user's skin for activation; Fig. 1A-2B; para. 361).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include the touch sensor as taught bv Xie, since such a modification further ensures accurate data collection of a user's skin tone, as it guarantees proximate placement to said skin.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US 2020/0405039 A1) and Schwartz (US 2015/0231582 A1) as applied to claim 1 above, and further in view of Danby (US Patent No. 7,237,691).
Re: Claim 12, Jung discloses the claimed invention including dispensing the cosmetics under pressure except for air pressure on bag. However, Danby teaches a device comprising flexible bags configured to be compressed by air when pigment is dispensed from the cartridges (9; Fig. 19; col 4 & 5, lines 65-67 & 1-30; see also col 18, Iines 1-48, air pressure on bags).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include the bags as taught by Danby, since such a modification is known in the art to precisely dispense a desired amount of foundation during formulation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 provide additional examples of cosmetic dispensers with sensors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754