Prosecution Insights
Last updated: July 17, 2026
Application No. 18/756,104

AUTONOMOUS MAKEUP APPLICATOR AND APPLICATION

Non-Final OA §102
Filed
Jun 27, 2024
Priority
Jun 29, 2023 — provisional 63/511,112 +1 more
Examiner
WAIT, CHRISTOPHER
Art Unit
2683
Tech Center
2600 — Communications
Assignee
L'Oréal
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
311 granted / 407 resolved
+14.4% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
9 currently pending
Career history
417
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
76.4%
+36.4% vs TC avg
§102
14.2%
-25.8% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 407 resolved cases

Office Action

§102
CTNF 18/756,104 CTNF 87078 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/8/24 & 2/17/26 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement are being considered by the examiner. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by DE 10 205 020 938 to Merlaku . Regarding claim 1. Merlaku discloses a system for autonomously applying a cosmetic style (“The invention relates to a make-up or makeup device that is capable of automatically applying make-up to the user's face”, paragraph 1) , the system comprising: a smart device (Fig. 1, 4 PC “The user's face is fixed by the fixing device 3, captured by the camera and transmitted to the PC 4”, paragraph 16) comprising an application (“the user can access the image in an image editing program”, paragraph 16) configured to: select the cosmetic style from a plurality of cosmetic styles; display the cosmetic style on an image of a body (“The program allows the user to edit their facial image on the PC screen as desired and virtually try out different makeup variations or makeup looks, as well as their own makeup patterns”, paragraph 16) ; and transmit the cosmetic style as a makeup image file (“A USB storage module can then be connected to the device to transfer the data for makeup patterns to a PC or another makeup device”, paragraph 32) ; and a printer device (Fig. 1, “8 Printhead”, paragraph 38) , comprising: at least one position sensor (“2 Camera”, paragraph 38) ; one or more reservoirs each configured to hold one or more dyes (“The device is said to have several cartridges filled with different substances”, paragraph 27, “12 Cartridge”, paragraph 38) ; a printer comprising a printer applicator (“8 Printhead”, paragraph 38) , wherein the printer is configured to print the cosmetic style with the one or more dyes through the printer applicator (Fig. 2) ; and a processor (“The data is continuously forwarded to an internal processor or a PC”, paragraph 36) configured to: receive the makeup image file, detect a position and a curvature of the body based on the position sensor (“A distance measuring device 28, preferably a distance measuring computer, can permanently detect the distance between the device and the user's face”, paragraph 34) , and direct the printer to print the cosmetic style in a specific location (“29 Printhead Control”, paragraph 38) . Regarding claim 2. Merlaku discloses wherein the system further comprises a primer configured to be applied before the cosmetic style (“The printhead 8 begins to move, similar to an inkjet printer, and transfers the makeup layer by layer onto the user's face via a liquid jet 9 or powder jet”, paragraph 16) . Regarding claim 3. Merlaku discloses wherein the system further comprises a topcoat configured to be applied after the cosmetic style (“the wax substance can be heated and liquefied. In this way, it can be emitted as a jet through the printhead. Piezoelectric elements, which can be installed in the print head, can "shoot" the liquefied wax in the form of fine drops”, paragraph 20) . Regarding claim 4. Merlaku discloses wherein the printer device further comprises: a camera configured to take a plurality of images, wherein the specific location is further informed by the plurality of images; and a light source configured to illuminate the body (Fig. 1) . Regarding claim 5. Merlaku discloses wherein the camera is a first camera, and the device further comprises a second camera, and wherein the first camera is located on a first side of the printer applicator, and the second camera is located on a second side opposite the first side of the printer applicator (“Figure 8 shows a device that is very small and looks almost like a mobile phone. The device features two video cameras or two image sensors that can create a stereo image”, paragraph 34) . Regarding claim 6. Merlaku discloses wherein the printer device further comprises a user interface configured to provide a printing guide (“The program allows the user to edit their facial image on the PC screen as desired and virtually try out different makeup variations or makeup looks, as well as their own makeup patterns, until the desired variation is found or created. Once it's created, you save it. Presaved patterns can also be used. Once that's done, the user goes to the makeup device and reattaches their head to the fixation device, which... B. consists of at least three quick-release jaws 6. The fixing device automatically fixes the head by means of an IR sensor detection 7 or at the push of a button. An automated voice prompt will be given, asking the user to close their eyes. Another announcement shows the makeup application process. Naturally, the jaws are spring-loaded and padded to prevent injuries. The device can be switched on a remote control. The printhead 8 begins to move, similar to an inkjet printer, and transfers the makeup layer by layer onto the user's face via a liquid jet 9 or powder jet.”, paragraph 16) . Regarding claim 7. Merlaku discloses wherein the position sensor is a rolling position sensor (“This device is able to detect the relative speed between the device flying over the face and the face of the person (user) who is to be made up. The data is continuously forwarded to an internal processor or a PC, with the printhead then being controlled depending on the speed. The speed can be detected optically by light sensors or by one or more movable rollers or balls that touch the user's face”, paragraph 36) . Regarding claim 8. Merlaku discloses wherein the rolling position sensor is configured to contact the body as the rolling position sensor rolls over the body and to measure a curvature of the body (“This device is able to detect the relative speed between the device flying over the face and the face of the person (user) who is to be made up. The data is continuously forwarded to an internal processor or a PC, with the printhead then being controlled depending on the speed. The speed can be detected optically by light sensors or by one or more movable rollers or balls that touch the user's face”, paragraph 36) . Regarding claim 9. Merlaku discloses wherein the printer is coupled with the printer device with a flexible connector, and wherein the flexible connector is configured to articulate the printer (Fig. 1, Fig. 3) . Regarding claim 10. Merlaku discloses wherein the image of the body is a live video feed of the smart device or the printer device (Fig. 1 & 2, “The automatic makeup device can be equipped with a screen that projects the user's face via the video camera during the makeup application process”, paragraph 37) . Regarding claim 11. Merlaku discloses wherein the application is further configured to recommend the cosmetic style from the plurality of cosmetic styles (“The program can be structured like some already known make-up simulation programs”, “Presaved patterns can also be used”, paragraph 16) . Regarding claim 12. Merlaku discloses wherein the recommendation is based on a trending cosmetic style (“Presaved patterns can also be used”, paragraph 16) , a color of a user’s hair, skin, or lips, a past cosmetic style selected by the user, a shape of the user’s eyes, eyebrows, nose, lips, cheeks, or forehead, a location of the user, a color of the user’s clothing, or a combination thereof (“The program allows the user to edit their facial image on the PC screen as desired and virtually try out different makeup variations or makeup looks, as well as their own makeup patterns, until the desired variation is found or created”, paragraph 16) . Regarding claim 13. Merlaku discloses a method of autonomously applying a cosmetic style with the system of Claim 1, the method comprising: selecting the cosmetic style from a plurality of cosmetic styles; displaying the cosmetic style on an image of a body (“The program allows the user to edit their facial image on the PC screen as desired and virtually try out different makeup variations or makeup looks, as well as their own makeup patterns, until the desired variation is found or created”, paragraph 16) ; transferring the cosmetic style as an image file to a printer device (“Once it's created, you save it”, paragraph 16) ; moving the printer device over the body; and printing the cosmetic style onto the body at a specific location based on one or more position sensors on the printer device (“Once that's done, the user goes to the makeup device and reattaches their head to the fixation device, which... B. consists of at least three quick-release jaws 6. The fixing device automatically fixes the head by means of an IR sensor detection 7 or at the push of a button. An automated voice prompt will be given, asking the user to close their eyes. Another announcement shows the makeup application process. Naturally, the jaws are spring-loaded and padded to prevent injuries. The device can be switched on using a remote control. The printhead 8 begins to move, similar to an inkjet printer, and transfers the makeup layer by layer onto the user's face via a liquid jet 9 or powder jet”, paragraph 16) . Regarding claim 14. Merlaku discloses wherein the method further comprises recommending the cosmetic style based on a trending cosmetic style (“Presaved patterns can also be used”, paragraph 16) , a color of a user’s hair, skin, or lips, a past cosmetic style selected by the user, a shape of the user’s eyes, eyebrows, nose, lips, cheeks, or forehead, a location of the user, a color of the user’s clothing or a combination thereof (“The program allows the user to edit their facial image on the PC screen as desired and virtually try out different makeup variations or makeup looks, as well as their own makeup patterns, until the desired variation is found or created”, paragraph 16) . Regarding claim 15. Merlaku discloses wherein the image of the body is a live video feed from a smart device or the printer device (Fig. 1 & 2, “The automatic makeup device can be equipped with a screen that projects the user's face via the video camera during the makeup application process”, paragraph 37) . Regarding claim 16. Merlaku discloses wherein the method further comprises recognizing a plurality of facial features in the image of the body before displaying the cosmetic style (“The program allows the user to edit their facial image on the PC screen as desired and virtually try out different makeup variations or makeup looks, as well as their own makeup patterns, until the desired variation is found or created”, paragraph 16) . Regarding claim 17. Merlaku discloses wherein the method further comprises selecting another cosmetic style in place of the cosmetic style (“The program allows the user to edit their facial image on the PC screen as desired and virtually try out different makeup variations or makeup looks, as well as their own makeup patterns, until the desired variation is found or created”, paragraph 16) . Regarding claim 18. Merlaku discloses wherein the cosmetic style is selected from an eyebrow, an eyeshadow, a concealer, a primer, a foundation, a blush, a lipliner, a lipstick, a bronzer, an eyeliner, a freckle pattern, a facial hair, a hair design, a highlighter, or a combination thereof (“Presaved patterns can also be used”, paragraph 16) . Regarding claim 19. Merlaku discloses wherein the method further comprises adjusting the cosmetic style (“The program allows the user to edit their facial image on the PC screen as desired and virtually try out different makeup variations or makeup looks, as well as their own makeup patterns, until the desired variation is found or created”, paragraph 16) . Regarding claim 20. Merlaku discloses wherein adjusting the cosmetic style comprises changing a color, a size, an angle, a length, a width, a hair size, a pattern, a position, a location of the cosmetic style, or a combination thereof (“The program allows the user to edit their facial image on the PC screen as desired and virtually try out different makeup variations or makeup looks, as well as their own makeup patterns, until the desired variation is found or created”, paragraph 16) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP 3541059 to Lee discloses a mobile image-forming device. The mobile image-forming device according to an embodiment of the present disclosure includes a surface measuring unit configured to measure a contact area with the mobile image-forming device in a surface area on which a print image is to be printed, an image processing unit configured to extract at least one of curvature data and moisture data from the measured result and correct the print image based on at least one of the extracted curvature data and moisture data, and an image forming unit configured to print the corrected print image on the surface . Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D. WAIT, Esq. whose telephone number is (571)270-5976. The examiner can normally be reached Monday-Friday, 9:30- 6:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abderrahim Merouan can be reached at 571 270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. CHRISTOPHER D. WAIT, Esq. Primary Examiner Art Unit 2683 /CHRISTOPHER WAIT/Primary Examiner, Art Unit 2683 Application/Control Number: 18/756,104 Page 2 Art Unit: 2683 Application/Control Number: 18/756,104 Page 3 Art Unit: 2683 Application/Control Number: 18/756,104 Page 4 Art Unit: 2683 Application/Control Number: 18/756,104 Page 5 Art Unit: 2683 Application/Control Number: 18/756,104 Page 6 Art Unit: 2683 Application/Control Number: 18/756,104 Page 7 Art Unit: 2683 Application/Control Number: 18/756,104 Page 8 Art Unit: 2683 Application/Control Number: 18/756,104 Page 9 Art Unit: 2683 Application/Control Number: 18/756,104 Page 10 Art Unit: 2683 Application/Control Number: 18/756,104 Page 11 Art Unit: 2683
Read full office action

Prosecution Timeline

Jun 27, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12669966
SYSTEM AND METHOD TO ALLOCATE AND ADMINISTER GUEST PRINTING
2y 4m to grant Granted Jun 30, 2026
Patent 12664763
APPARATUS FOR GENERATING DATASETS FOR TRAINING MACHINE LEARNING MODELS, AND A METHOD THEREOF
2y 4m to grant Granted Jun 23, 2026
Patent 12646282
COLOR ADJUSTMENTS OF HIGHLIGHTED AREAS
3y 4m to grant Granted Jun 02, 2026
Patent 12639815
SKINCARE DEVICE
2y 5m to grant Granted May 26, 2026
Patent 12626512
CLINICAL MONITORING DEVICE
3y 0m to grant Granted May 12, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
90%
With Interview (+13.4%)
2y 5m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 407 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month