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 .
Terminal Disclaimer
The terminal disclaimer filed on 8/19/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of application 18/758529 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 nonobviousness.
Claims 16, 17, 21, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Terry et al. (US 20230320472 A1) in view of Lim et al. (US 20200144671 A1).
Regarding claim 16, Terry discloses “A nail enhancement comprising:
a conductive substrate configured for placement proximal to a nail of a wearer; ([0024] the artificial nail 211 comprises a microchip ) and
a color-changing layer comprising an electrochromic material, the color-changing layer integrated with the conductive substrate; ([0024] the artificial nail 211 comprises a microchip and/or color-changing nanoparticles, color-changing pigments, color-changing dyes or other color-changing material. For example, based on temperature (e.g., heat) application, light (e.g., wavelength) application and/or stress application (e.g., pressure), the artificial nail 211 changes color. Alternatively, with a microchip, an electrical signal (e.g., low voltage) is transmitted from the manicure device 200 to a microchip in the nail 211 to cause a color change in the material of the nail 211. Referring to steps 3 and 4, after opening an application 300 on, for example a mobile device (e.g., mobile phone), tablet or other computing device, a user selects a color option from a color palette 400 provided by the application 300. Responsive to selection of a color from the color palette 400, the application 300, which is electronically linked to the manicure device 200 by, for example, Bluetooth, WiFi or other wireless means, sends a signal to the manicure device 200 identifying the selected color. Referring to step 5, responsive to receipt of the signal identifying the selected color, the manicure device 200 sends the requisite voltage to the microchip, or applies the requisite temperature, light and/or stress to the color-changing material in the nail 211 to result in the nail 211 changing to the selected color. The manicure device 200 includes the requisite circuitry, heat elements (e.g., coils), light elements (e.g., bulbs, LEDs, OLEDs, etc.), transducers, movable elements, etc. required to generate the requisite voltage, temperature, light and/or stress. [0025])
wherein the color-changing layer changes appearance when activated by a change in electrical current. ([0024] the artificial nail 211 comprises a microchip and/or color-changing nanoparticles, color-changing pigments, color-changing dyes or other color-changing material. For example, based on temperature (e.g., heat) application, light (e.g., wavelength) application and/or stress application (e.g., pressure), the artificial nail 211 changes color. Alternatively, with a microchip, an electrical signal (e.g., low voltage) is transmitted from the manicure device 200 to a microchip in the nail 211 to cause a color change in the material of the nail 211. Referring to steps 3 and 4, after opening an application 300 on, for example a mobile device (e.g., mobile phone), tablet or other computing device, a user selects a color option from a color palette 400 provided by the application 300. Responsive to selection of a color from the color palette 400, the application 300, which is electronically linked to the manicure device 200 by, for example, Bluetooth, WiFi or other wireless means, sends a signal to the manicure device 200 identifying the selected color. Referring to step 5, responsive to receipt of the signal identifying the selected color, the manicure device 200 sends the requisite voltage to the microchip, or applies the requisite temperature, light and/or stress to the color-changing material in the nail 211 to result in the nail 211 changing to the selected color. The manicure device 200 includes the requisite circuitry, heat elements (e.g., coils), light elements (e.g., bulbs, LEDs, OLEDs, etc.), transducers, movable elements, etc. required to generate the requisite voltage, temperature, light and/or stress. [0025])
Terry does not use the term “wherein the conductive substrate is configured to delivery the electrical current to the color-changing layer”.
Lim discloses “wherein the conductive substrate is configured to delivery the electrical current to the color-changing layer”. ([0046] color change material layer was formed on a conductive transparent substrate by immersing the substrate in an aqueous solution containing 0.05 M HCl, 0.05 M K.sub.3Fe(CN).sub.6, and 0.05 M FeCl.sub.3.6 H.sub.2O. The thickness of the color change material layer can be regulated by controlling the current and time using chronopotentiometry. In the present invention, the color change material layer formed on the conductive transparent substrate used as working electrode with 40 uA and 140 s. On the other hand, ZnO buffer layer was formed by immersing another conductive transparent substrate in 5 mM ZnCl.sub.2, 0.1 M KCl, and an oxygen-saturated aqueous solution for 1000 s while applying −1 V at room temperature. Subsequently, the ZnO buffer layered transparent electrode was immersed in 0.5 mM ZnCl.sub.2, 0.1 M KCl and oxygen saturated water solution at 80° C. for 1000 s while applying −1 V, and then ZnO NW(nanowire)s layer was formed thereon, which was used as a relative electrode. Respective 3 working electrodes and the 3 relative electrodes were attached on the inside of the 3 electrochromic devices in the form of a sandwich using a thermal tape with the distance of 60 um between the two electrodes. Subsequently, through the fine holes formed in the second electrode, 0.5M solutions of carbon quantum dot ionic compound of with respective Li, Na, and K were injected into the corresponding electrochromic device. The pH of the aqueous electrolyte solutions were adjusted to 4, respectively. [0047] – [0051])
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate substrate by Lim into device of Terry. The suggestion/motivation would have been to provide a transparent layer. (Lim: [0046])
Regarding claim 17, Terry discloses “A nail enhancement comprising:
a conductive substrate configured for placement proximal to a nail of a wearer; ([0024] the artificial nail 211 comprises a microchip ) and
a color-changing layer comprising a thermochromic material, the color-changing layer integrated with the conductive substrate; ([0024] the artificial nail 211 comprises a microchip and/or color-changing nanoparticles, color-changing pigments, color-changing dyes or other color-changing material. For example, based on temperature (e.g., heat) application, light (e.g., wavelength) application and/or stress application (e.g., pressure), the artificial nail 211 changes color. Alternatively, with a microchip, an electrical signal (e.g., low voltage) is transmitted from the manicure device 200 to a microchip in the nail 211 to cause a color change in the material of the nail 211. Referring to steps 3 and 4, after opening an application 300 on, for example a mobile device (e.g., mobile phone), tablet or other computing device, a user selects a color option from a color palette 400 provided by the application 300. Responsive to selection of a color from the color palette 400, the application 300, which is electronically linked to the manicure device 200 by, for example, Bluetooth, WiFi or other wireless means, sends a signal to the manicure device 200 identifying the selected color. Referring to step 5, responsive to receipt of the signal identifying the selected color, the manicure device 200 sends the requisite voltage to the microchip, or applies the requisite temperature, light and/or stress to the color-changing material in the nail 211 to result in the nail 211 changing to the selected color. The manicure device 200 includes the requisite circuitry, heat elements (e.g., coils), light elements (e.g., bulbs, LEDs, OLEDs, etc.), transducers, movable elements, etc. required to generate the requisite voltage, temperature, light and/or stress. [0025])
wherein the color-changing layer changes appearance when activated by a change in temperature, a change in electrical current, or both; and ([0024] the artificial nail 211 comprises a microchip and/or color-changing nanoparticles, color-changing pigments, color-changing dyes or other color-changing material. For example, based on temperature (e.g., heat) application, light (e.g., wavelength) application and/or stress application (e.g., pressure), the artificial nail 211 changes color. Alternatively, with a microchip, an electrical signal (e.g., low voltage) is transmitted from the manicure device 200 to a microchip in the nail 211 to cause a color change in the material of the nail 211. Referring to steps 3 and 4, after opening an application 300 on, for example a mobile device (e.g., mobile phone), tablet or other computing device, a user selects a color option from a color palette 400 provided by the application 300. Responsive to selection of a color from the color palette 400, the application 300, which is electronically linked to the manicure device 200 by, for example, Bluetooth, WiFi or other wireless means, sends a signal to the manicure device 200 identifying the selected color. Referring to step 5, responsive to receipt of the signal identifying the selected color, the manicure device 200 sends the requisite voltage to the microchip, or applies the requisite temperature, light and/or stress to the color-changing material in the nail 211 to result in the nail 211 changing to the selected color. The manicure device 200 includes the requisite circuitry, heat elements (e.g., coils), light elements (e.g., bulbs, LEDs, OLEDs, etc.), transducers, movable elements, etc. required to generate the requisite voltage, temperature, light and/or stress. [0025])
Terry does not use the term “wherein the conductive substrate is configured to delivery the electrical current to the color-changing layer”.
Lim discloses “wherein the conductive substrate is configured to delivery the electrical current to the color-changing layer”. ([0046] color change material layer was formed on a conductive transparent substrate by immersing the substrate in an aqueous solution containing 0.05 M HCl, 0.05 M K.sub.3Fe(CN).sub.6, and 0.05 M FeCl.sub.3.6 H.sub.2O. The thickness of the color change material layer can be regulated by controlling the current and time using chronopotentiometry. In the present invention, the color change material layer formed on the conductive transparent substrate used as working electrode with 40 uA and 140 s. On the other hand, ZnO buffer layer was formed by immersing another conductive transparent substrate in 5 mM ZnCl.sub.2, 0.1 M KCl, and an oxygen-saturated aqueous solution for 1000 s while applying −1 V at room temperature. Subsequently, the ZnO buffer layered transparent electrode was immersed in 0.5 mM ZnCl.sub.2, 0.1 M KCl and oxygen saturated water solution at 80° C. for 1000 s while applying −1 V, and then ZnO NW(nanowire)s layer was formed thereon, which was used as a relative electrode. Respective 3 working electrodes and the 3 relative electrodes were attached on the inside of the 3 electrochromic devices in the form of a sandwich using a thermal tape with the distance of 60 um between the two electrodes. Subsequently, through the fine holes formed in the second electrode, 0.5M solutions of carbon quantum dot ionic compound of with respective Li, Na, and K were injected into the corresponding electrochromic device. The pH of the aqueous electrolyte solutions were adjusted to 4, respectively. [0047] – [0051])
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate substrate by Lim into device of Terry. The suggestion/motivation would have been to provide a transparent layer. (Lim: [0046])
Regarding claim 21, Terry and Lim disclose wherein the electrochromic material is at least one of tungsten oxide, molybdenum oxide, nickel oxide, (Lim [0005] [0006]) ferric hexacyanoferrate, polyaniline, a viologen, a spirooxazine, or a polymethine dye.
Regarding claim 22, Terry and Lim disclose wherein the thermochromic material is at least one of a leuco dye, a spiropyran, a cholesteric liquid crystal, cobalt chloride, (Lim [0045] [0046]) mercury iodide, or a polydiacetylene (PDA).
Allowable Subject Matter
Claims 1 – 12, 14,15 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1:
The closest prior art is (US 20230320472 A1).
However, the prior art does not teach or suggest either singularly or in combination the specifically claimed, “an aroma-emitting layer integrated with the conductive substrate, the aroma-emitting layer comprising a scent released when the color-changing layer is activated to change appearance; wherein the color-changing layer changes appearance when activated to change appearance.", in the context of the rest of the claimed limitations
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant incorporated claim 13 into claim 1, therefore, claim 1 is allowed.
Applicant’s arguments with respect to claim(s) 16, 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN-NAN LIN whose telephone number is (571)272-5646. The examiner can normally be reached Monday - Thursday 7:30am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin C Lee can be reached at 571-2722963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN-NAN LIN/Primary Examiner, Art Unit 2629
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