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 .
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, 5, 13, 14 - 20 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).
Regarding claim 1, 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, (Fig. 1 combine a color programming device 40 and an artificial nail assembly 60) the nail enhancement including:
a conductive substrate (Fig. 1 first conductive layer 70) configured for placement proximal to a nail of a wearer, ([0056] – [0058]) and
a color-changing layer (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. ) comprising a chromic material, the color-changing layer integrated with the conductive substrate; ([0056] The color display 62 for the artificial nail assembly 60 includes a first conductive layer 70 that may also be referred to as a first electrode, an electronic paper layer 72 and a backplane 66. A transparent protective layer 90 covers the first conductive layer 70. The protective layer 90 is a thermoplastic polymer, such as polyethylene terephthalate (PET). The first conductive layer 70 is a transparent electrically conductive material, such as indium tin oxide (ITO). [0057] – [0060]) and
a sensor ([0021] temperature sensor) configured to collect sensor data, the sensor at least one of physically connected and operatively connected via to the color-changing layer. ([0021] The color programming device may further include a temperature sensor carried by the housing and may be coupled to the controller and may be configured to provide a temperature value to the controller, and wherein the controller may be further configured to select the color file corresponding to the temperature value. [0106] [0119])
Sola does not disclose “a nail communication module”.
Zhang discloses “a nail communication module”. ([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]))
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])
Regarding claim 2, Sola and Zhang disclose wherein the color-changing layer is activated to change appearance as a result of the sensor data. (Sola Fig. 1 [0057])
Regarding claim 4, Sola and Zhang disclose wherein the sensor is an optical sensor to detect at least one of environmental lighting conditions and a wearer’s skin tone. (Sola [0018] [0088])
Regarding claim 5, Sola and Zhang disclose wherein the sensor is a temperature sensor to monitor an environmental temperature or a body temperature. (Sola [0021] temperature sensor)
Regarding claim 13, 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)
conductive substrate (Fig. 1 first conductive layer 70) configured for placement proximal to a nail of a wearer, ([0056] – [0058]) and
a color-changing layer comprising a chromic material, the color-changing layer integrated with the conductive substrate; (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; ([0056] The color display 62 for the artificial nail assembly 60 includes a first conductive layer 70 that may also be referred to as a first electrode, an electronic paper layer 72 and a backplane 66. A transparent protective layer 90 covers the first conductive layer 70. The protective layer 90 is a thermoplastic polymer, such as polyethylene terephthalate (PET). The first conductive layer 70 is a transparent electrically conductive material, such as indium tin oxide (ITO). [0057] – [0060]) and
an output device, ([0056] The color display 62) the integrated sensor configured to collect sensor data and communicate the sensor data to the output device. ([0057] – [0060])
Sola does not disclose “an integrated sensor located in or on the nail enhancement;”
Zhang discloses “an integrated sensor located in or on the nail enhancement;” ([0055] the pressure sensor can be set both on the nail patch and on other wearable devices [0011] [0034] [0060] [0062] [0068])
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 sensor by Zhang into device of Sola. The suggestion/motivation would have been to detect pressure. (Zhang: [0055])
Regarding claim 14, Sola and Zhang disclose wherein the output device includes a display. (Sola [0056] The color display 62)
Regarding claim 15, Sola and Zhang disclose wherein the nail enhancement system includes a wearable device comprising the output device. (Sola Fig. 1, [0049] – [0053])
Regarding claim 16, Sola and Zhang disclose wherein the output device includes an auditory feedback mechanism. (Sola Fig. 1, [0049] – [0053])
Regarding claim 17, Sola and Zhang disclose wherein the output device includes a haptic feedback mechanism. (Sola Fig. 1, [0049] – [0053])
Regarding claim 18, 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]) and
a color-changing layer, the color-changing layer integrated with the conductive substrate; (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. )
an output device located in or on the nail enhancement; ([0056] The color display 62 for the artificial nail assembly 60 includes a first conductive layer 70 that may also be referred to as a first electrode, an electronic paper layer 72 and a backplane 66. A transparent protective layer 90 covers the first conductive layer 70. The protective layer 90 is a thermoplastic polymer, such as polyethylene terephthalate (PET). The first conductive layer 70 is a transparent electrically conductive material, such as indium tin oxide (ITO). [0057] – [0060]) and
a sensor, ([0021] temperature sensor) the sensor configured to collect sensor data and communicate the sensor data to the output device ([0021] The color programming device may further include a temperature sensor carried by the housing and may be coupled to the controller and may be configured to provide a temperature value to the controller, and wherein the controller may be further configured to select the color file corresponding to the temperature value. [0106] [0119])
Sola does not expressly “via a nail communication module”.
Zhang discloses “via a nail communication module”. ([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]))
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])
Regarding claim 19, Sola and Zhang disclose wherein the output device is a microdisplay. (Sola [0039] [0049] – [0052])
Regarding claim 20, Sola and Zhang disclose wherein the nail enhancement includes a matrix of pixels in communication with the output device. (Sola [0039] [0049] – [0052])
Claims 7, 8 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 Hsieh et al. (US 20210100332 A1).
Regarding claim 7, Sola and Zhang do not disclose wherein the sensor is a UV sensor to detect ultraviolet radiation levels.
Hsieh discloses wherein the sensor is a UV sensor to detect ultraviolet radiation levels. ([0032] [0048] [0086])
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 UV by Hsieh into device of Sola and Zhang. The suggestion/motivation would have been to incorporate an ultraviolet (UV) light sterilization container. (Hsieh: [0032])
Regarding claim 8, Sola and Zhang do not disclose wherein the sensor is a galvanic skin response sensor to measure electrical changes in skin.
Hsieh discloses wherein the sensor is a galvanic skin response sensor to measure electrical changes in skin. ([0003] [0066])
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 sensor by Hsieh into device of Sola and Zhang. The suggestion/motivation would have been to incorporate measure electrical signal. (Hsieh: [0032])
Claims 3, 6, 9 - 12 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 Connor et al. (US 20180307314 A1).
Regarding claim 3, Sola and Zhang do not disclose wherein the sensor is an accelerometer to detect motion or gestures.
Connor discloses wherein the sensor is an accelerometer to detect motion or gestures. ([0140] [0120])
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 sensor by Connor into device of Sola and Zhang. The suggestion/motivation would have been to detect motion. (Connor [0140])
Regarding claim 6, Sola and Zhang do not disclose wherein the sensor is a pressure sensor to detect a change in air pressure.
Connor discloses wherein the sensor is a pressure sensor to detect a change in air pressure. ([0120] [0140])
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 sensor by Connor into device of Sola and Zhang. The suggestion/motivation would have been to detect pressure. (Connor [0140])
Regarding claim 9, Sola and Zhang do not disclose wherein the sensor is an electroencephalogram (EEG) to detect brain electrical signals.
Connor discloses wherein the sensor is an electroencephalogram (EEG) to detect brain electrical signals. ([0142] [0232])
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 sensor by Connor into device of Sola and Zhang. The suggestion/motivation would have been to detect brain electrical signals. (Connor [0232])
Regarding claim 10, Sola and Zhang do not disclose wherein the sensor is an electromyography (sEMG) to measure a response of muscles to electrical activity.
Connor discloses wherein the sensor is an electromyography (sEMG) to measure a response of muscles to electrical activity. ([0104])
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 sensor by Connor into device of Sola and Zhang. The suggestion/motivation would have been to detect muscle signals. (Connor [0104])
Regarding claim 11, Sola and Zhang do not disclose wherein the sensor is a heart rate monitor to monitor a heart rate.
Connor discloses wherein the sensor is a heart rate monitor to monitor a heart rate. ([0143] [0232])
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 sensor by Connor into device of Sola and Zhang. The suggestion/motivation would have been to detect heart rate signals. (Connor [0143])
Regarding claim 12, Sola and Zhang do not disclose wherein the sensor is a pulse oximeter for measuring blood oxygen saturation levels.
Connor discloses wherein the sensor is a pulse oximeter for measuring blood oxygen saturation levels. ([0143] [0123])
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 sensor by Connor into device of Sola and Zhang. The suggestion/motivation would have been to detect blood oxygen saturation levels. (Connor [0143])
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 - 20 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