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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/4/2026 has been entered.
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 1, 2, 4, 6, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20240081738 A1, Filed: 11/29/2022) in view of Terry et al. (US 20230320472 A1) in view of Aitchison et al. (US 12155056 A1).
Regarding claim 1, Zhang discloses A nail enhancement comprising:
a conductive substrate configured for placement proximal to a nail of a wearer; (Fig. 6, 500 a substrate layer 500 [0062] [0064][0066]) and
a power source in continuous direct or indirect physical contact with the color-changing layer; ([0062] the power supply module being provided on the substrate layer 500 for providing electrical power [0063] [0067][0068])
Zhang does not disclose “a color-changing layer comprising a chromic material, the color-changing layer integrated with the conductive substrate;
wherein the color-changing layer is activated to change appearance by the power source”.
Terry discloses “a color-changing layer comprising a chromic 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 is activated to change appearance by the power source”. ([0024] [0025])
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 color-changing nanoparticles by Terry into device of Zhang . The suggestion/motivation would have been to changing color. (Terry: [0024])
Zhang and Terry do not disclose “the conductive substrate comprising graphene;
via the graphene of the conductive substrate”.
Aitchison discloses “the conductive substrate comprising graphene; (col. 1: 60 – c2:12, col. 6:53- c7:14)
via the graphene of the conductive substrate”. (col. 1: 60 – c2:12, col. 6:53- c7:14)
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 graphene by Aitchison into device of Zhang and Terry . The suggestion/motivation would have been to changing color. (Aitchison: col. 1: 60 – c2:12)
Regarding claim 2, Zhang, Terry and Aitchison disclose wherein the power source is integrated with the conductive substrate. (Zhang [0062] [0063] [0067][0068])
Regarding claim 4 Zhang, Terry and Aitchison disclose wherein the power source comprises a battery. (Zhang [0062] [0063] [0067][0068])
Regarding claim 6, Zhang, Terry and Aitchison disclose further comprising a power source positioned in a wearable device, the power source in wired electrical communication with the color-changing layer. (Zhang [0062] [0063] [0067][0068])
Regarding claim 7, Zhang, Terry and Aitchison disclose wherein the power source derives power from a wearer’s body. (Zhang [0062] [0063] [0068])
Claims 3, 5 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20240081738 A1, Filed: 11/29/2022) in view of Terry et al. (US 20230320472 A1) in view of Aitchison et al. (US 12155056 A1) in view of Bertken et al. (US 20240120750 A1).
Regarding claim 3, Zhang, Terry and Aitchison do not disclose wherein the power source comprises solar cells.
Bertken discloses wherein the power source comprises solar cells. ([0117])
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 solar cells by Bertken into device of Zhang, Terry and Aitchison. The suggestion/motivation would have been to provide different power source. (Bertken: [0117]).
Regarding claim 5, Zhang, Terry and Aitchison do not disclose wherein the battery is rechargeable, and the power source further comprises a separate charging station configured to secure the nail enhancement and charge the battery.
Bertken discloses wherein the battery is rechargeable, and the power source further comprises a separate charging station configured to secure the nail enhancement and charge the battery. ([0034] [0117]).
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 rechargeable battery by Bertken into device of Zhang, Terry and Aitchison. The suggestion/motivation would have been to provide different power source. (Bertken: [0117])
Claims 8, 9, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sola et al. (WO 2024220358 A1, Filed: 4/17/2023) in view of Zhang et al. (US 20240081738 A1, Filed: 11/29/2022) in view of Gu et al. (US 20250192615 A1).
Regarding claim 8, Sola discloses”A nail enhancement system comprising: (Fig. 1, [0049] a digital nail system 20 includes a client device 30, a color programming device 40 and an artificial nail assembly 60 with a color display 62 bonded to an underside of a nail blank 64. )
a nail enhancement including: (Fig. 1 combine a color programming device 40 and an artificial nail assembly 60)
a conductive substrate (Fig. 1 first conductive layer 70) configured for placement proximal to a nail of a wearer, ([0056] – [0058])
a color-changing layer comprising a chromic material, (Fig. 1 [0057] In one embodiment, the electronic paper layer 72 is an electrophoretic layer. In other embodiments, the electronic paper layer 72 may be an electrochromic layer, for example. For discussion purposes of the color display 62, the electronic paper layer 72 is configured as the electrophoretic layer. [0058] E Ink Corporation is a supplier of electronic paper. Electronic paper is also known as e-paper, electronic ink, or e- ink, and is a technology that replicates the appearance of ordinary ink on paper. It works by using tiny capsules filled with clear fluid containing minuscule particles, each about the width of a human hair. ) the color-changing layer integrated with the conductive substrate, and
a device connected to the color-changing layer; ([0098] The wireless transceiver 210 is configured to communicate with the client device 30 to receive a subset of color options 206 and a corresponding subset of color files 208. The wireless transceiver 210 may operate based on short-range 16801-002 wireless technology, such as Bluetooth. [0109] The wireless transceiver 210 may use a Bluetooth Low Energy protocol for communications and data transfer between the clinet device 30 and the wand 40. This is the means by which color information is transferred to the wand 40 for local storage of the selected colors. With increased color options, cycling through all colors if one is missed becomes increasingly frustrating. By limiting color options on the wand 40 locally, it improves user experience since the user input 212 configured as a capacitive touch interface cycles color choices in one direction.) and
an external device (Fig. 1, 40) comprising an external power source ([0107] The color programming device 40 is powered by a battery 222. The battery monitor 220 monitors a voltage level of 16801-002 the battery 222 and reports the voltage level to the controller 202. The controller 202 will display a status of the battery 222 in the color display 218 in the color programming device 40.) and a device wireless transmitter; ([0109] The wireless transceiver 210 may use a Bluetooth Low Energy protocol for communications and data transfer between the clinet device 30 and the wand 40. This is the means by which color information is transferred to the wand 40 for local storage of the selected colors. With increased color options, cycling through all colors if one is missed becomes increasingly frustrating. By limiting color options on the wand 40 locally, it improves user experience since the user input 212 configured as a capacitive touch interface cycles color choices in one direction.)
wherein the color-changing layer is activated to change appearance by the external power source. ([0107] [0110] [0120]).
Sola does not disclose “a nail wireless receiver positioned in or on the nail enhancement”
Zhang discloses “a nail wireless receiver positioned in or on the nail enhancement” ([0015] As an optional embodiment of a nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus, the said nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus further comprising a wireless communication module, the wireless communication module being arranged on the nail patch, wherein when the processing module is arranged on the nail patch, the wireless communication module is used for transmitting the biological signal to the processing module, and the wireless communication module is used for outputting the physiological parameter obtained by the processing module; wherein when the processing module is arranged to separate from the nail patch, the wireless communication module is used for transmitting the biological signal to the processing module. ([0014] [0016] [0033]), The term “positioned in or on” and is very broad term.)
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 wireless communication module by Zhang into device of Sola. The suggestion/motivation would have been to transmitting signal. (Zhang: [0015])
Sola and Zhang do not disclose “configured to transmit power from the external power source to the nail wireless receiver via the electromagnetic induction;”.
Gu discloses “configured to transmit power from the external power source to the nail wireless receiver via the electromagnetic induction;”. ([0005] For example, wireless charging techniques using electromagnetic induction or resonance are recently being widely adopted for electronic devices, such as smartphones. For example, if a power transmitting unit (PTU) (e.g., a wireless power transmitter) and a power receiving unit (PRU) (e.g., a smartphone or a wearable electronic device) come in contact or close to each other within a predetermined distance, power may be transferred to the power receiving unit by an electromagnetic induction or electromagnetic resonance method between the transmission coil or resonator of the power transmitting unit and the reception coil or resonator of the power receiving unit, and the battery included in the power receiving unit may be charged with the transferred power. [0003] [0004])
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 wireless charging by Gu into device of Sola and Zhang. The suggestion/motivation would have been to transmitting signal. (Gu: [0005])
Regarding claim 9, Sola, Zhang and Gu disclose wherein the external device is a wearable device. (Sola [0049] – [0051]).
Regarding claim 10, Sola, Zhang and Gu disclose wherein the power source comprises a battery. (Sola [0107] [0110] [0120]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Sola et al. (WO 2024220358 A1, Filed: 4/17/2023) in view of Zhang et al. (US 20240081738 A1, Filed: 11/29/2022) in view of Gu et al. (US 20250192615 A1) in view of Tran et al. (US 20240115202 A1).
Regarding claim 13, Sola, Zhang and Gu do not disclose wherein the power source derives power from a wearer’s body.
Tran discloses wherein the power source derives power from a wearer’s body. ([0317])
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 thermoelectric generator by Tran into device of Sola, Zhang and Gu. The suggestion/motivation would have been to takes body heat. (Tran: [0317]).
Claims 11, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Sola et al. (WO 2024220358 A1) in view of Zhang et al. (US 20240081738 A1, Filed: 11/29/2022) in view of Gu et al. (US 20250192615 A1) in view of Bertken et al. (US 20240120750 A1).
Regarding claim 11, Sola, Zhang and Gu do not disclose wherein the battery is rechargeable.
Bertken discloses wherein the battery is rechargeable. ([0034] [0117]).
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 rechargeable battery by Bertken into device of Sola, Zhang and Gu. The suggestion/motivation would have been to provide different power source. (Bertken: [0117]).
Regarding claim 12, Sola, Zhang and Gu do not disclose further comprising a charging station for the battery of the external device.
Bertken discloses further comprising a charging station for the battery of the external device. ([0034] [0117]).
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 rechargeable battery by Bertken into device of Sola, Zhang and Gu. The suggestion/motivation would have been to provide different power source. (Bertken: [0117]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 – 13 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.
Applicant’s arguments, see remark, filed 6/4/2026, with respect to claims 14 - 20 have been fully considered and are persuasive. The rejection of claims 14 - 20 have been withdrawn.
Allowable Subject Matter
Claims 14 – 20 are allowed.
Conclusion
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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