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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1-8, 10-18 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over US20090245603 (hereinafter referred to as Koruga) in view of US20150145884 (hereinafter referred to as Jang).
Regarding Claim 1, Koruga teaches a method of analyzing [See paragraph 0032 which discusses that a sensor is used to capture the reflected light from the skin];
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normalizing the measured reflection spectrum by matching a value of the measured reflection spectrum and a value of a pre-acquired reflection spectrum at two wavelengths [See paragraph 0037 where a normalized red-blue color histogram is generated of two matching images where red and blue are two wavelengths. One of the images is illuminated with an angled white light and another is with a non-angled white light indicating the images match as they cover the same part of the skin in different situations. Since there are two image taken of the same area with different conditions, it is safe to assume one of the images is acquired before the other one];
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and analyzing [See paragraph 0032 above which states that the incident light source can be a specific wavelength, this is the light source used for the light that is reflected to determine the emission spectrum for the skin. See also paragraph 0037 where the spectral signature can be used monitor a skin state].
Although Koruga teaches that the invention could be used for cosmetic analysis [paragraph 0020], Koruga does not explicitly state that the method of analyzing skin refers to analyzing makeup. Therefore this teaching is considered supplementary to this rejection, and is not the reference used to reject the limitation of "analyzing makeup." Additionally, Koruga does not explicitly teach a pre-acquired reflection spectrum, but implies one because it takes two images of the same area in two different conditions. Therefore this teaching is considered supplementary to this rejection, and is not the reference used to reject the limitation of a “pre-acquired” reflection spectrum.
Jang does teach a method for analyzing makeup and a pre-acquired reflection spectrum [See paragraph 0003 of Jang where a reflection spectrum is obtained before the application of makeup, indicating a pre-acquired reflection spectrum]. Additionally, Jang also teaches the additional limitation from Claim 1 of a multispectral image sensor that measures the reflection spectrum of the skin.
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have combined the method of normalizing of reflection spectrums of Koruga with the process of obtaining one image before, and another after makeup has been applied of Jang in order to be able to accurately perform an analysis of makeup on skin. Both are in a similar field of endeavor of using spectral imaging to analyze skin. The motivation to combine would be to accurately estimate variations of the physical and chemical characteristics of cosmetics when applied to the skin [Jang 0008 and 0009]
Regarding claim 2, Koruga and Jang teach the method of claim 1, and Koruga teaches wherein the measuring of the reflection spectrum of the skin comprises measuring the reflection spectrum of the skin by the multispectral image sensor that comprises channels respectively corresponding to the two wavelengths and the specific wavelength [See paragraph 0037 of Koruga above which discusses the red- blue color channels. See also paragraph 0233 of Koruga which has a color channel for the angled/ non angled light, which is the incident light associated with a specific wavelength].
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Regarding claim 3 Koruga and Jang teach the method of claim 1, and Koruga teaches wherein the specific wavelength is included in a range of 570 nm to 600 nm [See paragraph 0148 of Koruga which discloses that the incident light can be yellow, which is the color of light in between 570 to 600 nm].
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Regarding claim 4 Koruga and Jang teach the method of claim 1, and Koruga teaches the specific wavelength is between the two wavelengths [See paragraph 0148 above where the incident light can be yellow, which has a range of 570-600 nm. The two wavelengths are red and blue light, blue light typically has a wavelength of 380-500 nm while red light typically has a wavelength of 620-750 nm. Therefore the specific wavelength falls in between the two wavelengths].
Regarding claim 5 Koruga and Jang teach the method of claim 1, and Koruga teaches wherein the normalizing of the measured reflection spectrum further comprises: shifting the measured reflection spectrum to match the measured reflection spectrum and the pre-acquired reflection spectrum at one of the two wavelengths [See paragraph 0242 of Koruga where normalizing is done by subtracting a spectral attribution which is the same as shifting the spectrum. Additionally see paragraph 0037 of Koruga above where the normalizing occurs to the red and blue color channels for each image];
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and scaling the shifted reflection spectrum to match the measured reflection spectrum and the pre-acquired reflection spectrum at the other of the two wavelengths [see paragraph 0037 of Koruga above where the two wavelengths are correlated to a wavelength scale indicating that the scale of the reflection spectrums match].
Regarding claim 6, Koruga and Jang teach the method of claim 1, wherein the analyzing of the makeup of the skin further comprises analyzing a condition of the makeup of the skin [See paragraph 0003 of Jang above where the skin is analyzed once makeup has been applied, and paragraph 0030 of Koruga where the condition of skin is analyzed]
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based on a difference between the normalized reflection spectrum and the pre-acquired reflection spectrum at the specific wavelength [See paragraph 0237 of Koruga where the data from the angled light (specific wavelength) is subtracted from the data of the non-angled light. This same algorithm can be performed with two images, where one is pre-acquired as mentioned in the rejection of claim 1 above].
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Regarding claim 7, Koruga and Jang teach the method of claim 1, wherein the analyzing of the makeup of the skin further comprises analyzing a condition of the makeup of the skin [See paragraph 0003 of Jang above where the skin is analyzed once makeup has been applied, and paragraph 0030 of Koruga above where the condition of skin is analyzed] based on a difference in a slope of the normalized reflection spectrum and a slope the pre-acquired reflection spectrum at the specific wavelength [see paragraph 0237of Koruga above where subtracting occurs at each wavelength, and takes into consideration the direction of the slope of the spectral plot and figures 40 and 41 of Koruga which display the spectral plot before and after the difference is found respectively. The polarized light is the incident light at a specific wavelength].
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Regarding claim 8, Koruga and Jang teach the method of claim 1, wherein the analyzing of the makeup of the skin further comprises analyzing a condition of the makeup of the skin [See paragraph 0003 of Jang above where the skin is analyzed once makeup has been applied, and paragraph 0030 of Koruga above where the condition of skin is analyzed]; and providing a makeup guide to a user [see paragraph 0030 of Koruga above which recommends a skin care regiment to the user].
Regarding claim 10, Koruga and Jang teach the method of claim 1, and Jang teaches wherein the pre-acquired reflection spectrum is a reflection spectrum of the skin without makeup [See paragraph 0003 of Jang above where the skin is imaged before makeup is applied].
Claim 11 is similarly analyzed as claim 1, in which Koruga teaches the additional limitations; a memory configured to store one or more instructions [See paragraph 0364 of Koruga];
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and at least one processor configured to execute the one or more instructions stored in the memory [See paragraph 0371 of Koruga].
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Claim 12 is similarly analyzed to Claim 2
Claim 13 is similarly analyzed to Claim 3
Claim 14 is similarly analyzed to Claim 4
Claim 15 is similarly analyzed to Claim 5
Claim 16 is similarly analyzed to Claim 6
Claim 17 is similarly analyzed to Claim 7
Claim 18 is similarly analyzed to Claim 8
Claim 20 is similarly analyzed to Claim 1
Claim 21 is similarly analyzed to Claim 1 where Koruga teaches the additional limitations of a light source configure to emit electromagnetic waves to skin [See paragraph 0018 which discusses that an electromagentic radiation source which can include a light source is directed to the skin];
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and wherein the multispectral image sensor comprises channels corresponding to the two wavelengths and the specific wavelength [See paragraph 0037 above which discusses the red- blue color channels. See also paragraph 0233 which has a color channel for the angled/ non angled light, which in this case is the incident light which was associated with a specific wavelength (see claim one rejection above).
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Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Koruga in view of Jang in further view of US 20150374276 (hereinafter referred to as Farkas).
Koruga and Jang teach the method of claim 1, wherein the measuring of the reflection spectrum of the skin comprises: emitting electromagnetic waves by a light source [See paragraph 0018 of Koruga which teaches emitting electromagnetic waves through light towards skin and paragraph 0220 of Koruga where the reemitted light (light that is reflected back from the skin) is polarized].
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Koruga and Jang do not teach that the emitted light passes through a polarizing plate, they also do not teach that the reflected light passes through a polarizing plate with a polarizing axis perpendicular to each other.
Farkas does teach that the emitted light passes through a polarizing plate, as well as the reflected light, where both axes are perpendicular [See paragraph 0145 and Fig 15 of Farkas where the emitted light goes through a linear polarizer, and the reflected light goes through a polarizing filter before reaching the camera. The configuration of the polarizing filters and the emitted light results in cross polarization. Cross polarization is the term used to refer to when the reflected light has a polarization axis orthogonal to the initial emitted light, therefore the axes are perpendicular.
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Therefore It would have been obvious for one with ordinary skill in the art before the effective filing date to have combined the sensor that obtains the reflected electromagnetic waves to analyze the skin of Koruga and Jang with the cross-polarizing configuration of Farkas since they are in the same field of endeavor of using hyperspectral imaging to analyze the condition of skin. The motivation to combine would be to reduce the appearance of specular and superficial reflectance to result in enhanced image contrast [Paragraph 0164 of Farkas].
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Claim 19 is similarly analyzed to Claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Contact information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANUSHA KASHYAPA whose telephone number is (571)272-8766. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chan Park can be reached at (571) 272-7409. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANUSHA KASHYAPA/Examiner, Art Unit 2669
/IAN L LEMIEUX/Primary Examiner, Art Unit 2669
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