DETAILED ACTION
Status of Claims
This action is in reply to the claims filed on 04 October 2024.
Claims 1-20 are pending and have been examined.
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 .
Information Disclosure Statement
The Information Disclosure Statements filed on 19 September 2024 and 25 September 2025, have been considered. An initialed copy of the Forms 1449 is enclosed herewith.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea without significantly more).
Under step 1, it is determined whether the claims are directed to a statutory category of invention (see MPEP 2106.03(II)). In the instant case, claims 1-10 are directed to a method, claims 11-19 are directed to a system, and claim 20 is directed to a product of manufacture (non-transitory computer-readable medium).
While the claims fall within statutory categories, under revised Step 2A, Prong 1 of the eligibility analysis (MPEP 2106.04), the claimed invention recites an abstract idea of providing a product recommendation. Specifically, representative claim 1 recites the abstract idea of:
analyzing, by a product identification accessing image data to determine a set of characteristics of a representation of a face;
based at least in part on the determined set of characteristics, selecting a product and a set of media content associated with the product, the product comprising a particular product that, when utilized, addresses a facial condition included in the determined set of characteristics, wherein selecting the product and the set of media content comprises:
sending by the client to a product catalog, an indicator of the selected product, the product comprising processing product metadata of the selected product and storing information related to second product metadata associated with the product metadata of the selected product, the information comprising at least a set of manufacturers of the selected product;
sending, by the product catalog, a request message to a product catalog service for obtaining metadata related to a respective physical item associated with the selected product, the request message including a product identifier, and the product catalog and the product catalog service being different that are coupled;
performing, by the product catalog service, a query based on the product identifier in the request message for information relate to the respective physical item;
in response to the request message, providing, by the product catalog service, a response message to the product catalog, the response message including the second product metadata based on the information related to the respective physical item;
receiving, by the client from the catalog, the second product metadata, the second product metadata including additional information related to the selected product, the additional information comprising information that the selected product addresses the facial condition; and
causing display, at the client, of at one recommendation corresponding to the set of media content associated with the product, the at least one recommendation facilitating identifying a set of products, including the product, that address at least one health condition corresponding to the facial condition.
Under revised Step 2A, Prong 1 of the eligibility analysis, it is necessary to evaluate whether the claim recites a judicial exception by referring to subject matter groupings articulated in 2106.04(a) of the MPEP. Even in consideration of the analysis, the claims recite an abstract idea. Representative claim 1 recites the abstract idea of providing a product recommendation, as noted above. This concept is considered to be a method of organizing human activity. Certain methods of organizing human activity include “fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).” MPEP 2106.04(a)(2)(II). In this case, the abstract idea recited in representative claim 1 is a certain method of organizing human activity because it relates to sale activities since the claims specifically recites steps for providing a product recommendation including determining a set of characteristics of a face, selecting a product and a set of media content associated with the product based on the determined set of characteristics of the face, sending from the client to a product catalog an indicator of the selected product, sending by the catalog a request message to a product catalog service to obtain metadata related to the physical item associated with the selected product, performing a query base on the product identifier for information related to the physical item, providing by the product catalog service a response message that includes a second product metadata related to the physical item, the client receiving from the product catalog the second product metadata including information related to the selected product that also includes addressing a facial condition, and displaying to the client at least one recommendation of a product that facilities identifying a set of products and addresses at least one health condition corresponding to the facial condition, thereby making this a sales activity or behavior.
Thus, representative claim 1 recites an abstract idea.
Under Step 2A, Prong 2 of the eligibility analysis, if it is determined that the claims recite a judicial exception, it is then necessary to evaluate whether the claims recite additional elements that integrate the judicial exception into a practical application of that exception. MPEP 2106.04(d). The courts have identified limitations that did not integrate a judicial exception into a practical application include limitations merely reciting the words “apply it” (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP 2106.05(f). MPEP 2106.04(d). In this case, representative claim 1 includes additional elements: product identification module accessing a shared memory of a client device, the client device, product catalog system over the Internet, the catalog system, a first processor, a first memory, the product catalog, over the Internet, product catalog service system, systems that are communicatively coupled over the Internet, on a database over a network, the catalog service system, from the database over the network, the client device, product catalog system over the Internet, and the client device.
Although reciting such additional elements, the additional elements do not integrate the abstract idea into a practical application because they merely amount to no more than an instruction to apply the abstract idea using a generic computer or merely use a computer as a tool to perform the abstract idea. These additional elements are described at a high level in Applicant’s specification without any meaningful detail about their structure or configuration. Similar to the limitations of Alice, representative claim 1 merely recites a commonplace business method (i.e., providing a product recommendation) being applied on a general-purpose computer using general purpose computer technology. MPEP 2106.05(f). Thus, the claimed additional elements are merely generic elements and the implementation of the elements merely amounts to no more than an instruction to apply the abstract idea using a generic computer. Since the additional elements merely include instructions to implement the abstract idea on a generic computer or merely use a generic computer as a tool to perform an abstract idea, the abstract idea has not been integrated into a practical application.
Under Step 2B of the eligibility analysis, if it is determined that the claims recite a judicial exception that is not integrated into a practical application of that exception, it is then necessary to evaluate the additional elements individually and in combination to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). MPEP 2106.05. In this case, as noted above, the additional elements of a product identification module accessing a shared memory of a client device, the client device, product catalog system over the Internet, the catalog system, a first processor, a first memory, the product catalog, over the Internet, product catalog service system, systems that are communicatively coupled over the Internet, on a database over a network, the catalog service system, from the database over the network, the client device, product catalog system over the Internet, and the client device, recited in independent claim 1 are recited and described in a generic manner merely amount to no more than an instruction to apply the abstract idea using a generic computer or merely use a generic computer as a tool to perform an abstract idea.
Even when considered as an ordered combination, the additional elements of representative claim 1 do not add anything that is not already present when they are considered individually. In Alice, the court considered the additional elements “as an ordered combination,” and determined that “the computer components…‘ad[d] nothing…that is not already present when the steps are considered separately’… [and] [v]iewed as a whole…[the] claims simply recite intermediated settlement as performed by a generic computer.” Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 217, (2014) (citing Mayo, 566 U.S. at 79, 101 USPQ2d at 1972). Similarly, when viewed as a whole, representative claim 1 simply conveys the abstract idea itself facilitated by generic computing components. Therefore, under Step 2B of the Alice/Mayo test, there are no meaningful limitations in representative claim 1 that transforms the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself.
As such, representative claim 1 is ineligible.
Independent claims 11 and 20 are similar in nature to representative claim 1 and Step 2A, Prong 1 analysis is the same as above for representative claim 1. It is noted that in independent claim 11 includes the additional elements of a processor; and a memory including instructions that, when executed by the processor, cause the processor to perform operations, and independent claim 20 includes the additional element of a non-transitory computer-readable medium comprising instructions, which when executed by a computing device, cause the computing device to perform operations. The Applicant’s specification does not provide any discussion or description of the claimed additional elements in claims 11 and 20, as being anything other than generic elements. Thus, the claimed additional elements of claims 11 and 20 are merely generic elements and the implementation of the elements merely amounts to no more than an instruction to apply the abstract idea using a generic computer. As such, the additional elements of claims 11 and 20 do not integrate the judicial exception into a practical application of the abstract idea. Additionally, the additional elements of claims 11 and 20, considered individually and in combination, do not provide an inventive concept because they merely amount to no more than an instruction to apply the abstract idea using a generic computer.
As such, claims 11 and 20 are ineligible.
Dependent claims 2-10 and 12-19, depending from claims 1 and 11 respectively, do not aid in the eligibility of the independent claims nor do they aid in the eligibility of the representative claim 1. The claims of 2-10 and 12-19 merely act to provide further limitations of the abstract idea and are ineligible subject matter.
It is noted that dependent claims include the additional elements of augmented reality generator (claims 3 & 13), a machine learning algorithm (claims 7 & 17), and the machine learning algorithm is based on a neural network (claims 8 & 18). Applicant’s specification does not provide any discussion or description of the claimed additional elements as being anything other than a generic element. The claimed additional elements, individually and in combination do not integrate into a practical application and do not provide an inventive concept because they are merely being used to apply the abstract idea using a generic computer (see MPEP 2106.05(f)). It is also noted that while claims 7-8 and 17-18 recite a machine learning model algorithm, the recitations are results based in nature and do not include details as to how the machine learning model algorithm is actually functioning beyond known functions and the features are recited in a generic manner. Accordingly, claim is directed towards an abstract idea. Additionally, the additional elements of claims 3, 7-8, 13, and 17-18 considered individually and in combination, do not provide an inventive concept because they merely amount to no more than an instruction to apply the abstract idea using a generic computer. It is further noted that the remaining dependent claims 2, 4-6, 9-10, 12, 14-16, and 19 do not recite any further additional elements to consider in the analysis, and therefore would not provide additional elements that would integrate the abstract idea into a practical application and would not provide an inventive concept.
As such, the dependent claims 2-10 and 12-19 are ineligible.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent No. 12,118,601, hereinafter referred to as ‘601.
Instant Claim 1
Claim 1 of Patent ‘601
A method, comprising:
A method, comprising:
receiving, by an image data receiving module of a client device, image data including a representation of a face of a user;
receiving a first selection of a portion of the representation of the face of the user;
in response to the first selection of the portion of the representation of the face of the user, causing display of a plurality of selectable graphical items, each of the plurality of selectable graphical items corresponding to a particular state of the portion of the representation of the face of the user;
receiving a second selection of a particular selectable graphical item from the plurality of selectable graphical items;
analyzing, by a product identification module accessing a shared memory of a client device, image data to determine a set of characteristics of a representation of a face;
analyzing, by a product identification module accessing a shared memory of the client device, the image data to determine a set of characteristics of the representation of the face;
based at least in part on the determined set of characteristics, selecting a product and a set of media content associated with the product, the product comprising a particular product that, when utilized, addresses a facial condition included in the determined set of characteristics, wherein selecting the product and the set of media content comprises:
based at least in part on the determined set of characteristics and the second selection of the particular selectable graphical item from the plurality of selectable graphical items, selecting a product and a set of media content associated with the product, the product comprising a particular product that, when utilized, addresses a facial condition included in the determined set of characteristics, wherein selecting the product and the set of media content comprises:
sending, by the client device to a product catalog system over the Internet, an indicator of the selected product, the product catalog system comprising a first processor for processing product metadata of the selected product and a first memory for storing information related to second product metadata associated with the product metadata of the selected product, the information comprising at least a set of manufacturers of the selected product;
sending, by the client device to a product catalog system over the Internet, an indicator of the selected product, the product catalog system comprising a first processor for processing product metadata and a first memory for storing information related to second product metadata associated with the product metadata of the selected product, the information comprising at least a set of manufacturers of the selected product;
sending, by the product catalog system, a request message over the Internet to a product catalog service system for obtaining metadata related to a respective physical item associated with the selected product, the request message including a product identifier, and the product catalog system and the product catalog service system being different systems that are communicatively coupled over the Internet;
sending, by the product catalog system, a request message over the Internet to a product catalog service system for obtaining metadata related to a respective physical item associated with the selected product, the request message including a product identifier, and the product catalog system and the product catalog service system being different systems that are communicatively coupled over the Internet;
performing, by the product catalog service system, a query on a database over a network based on the product identifier in the request message for information related to the respective physical item;
performing, by the product catalog service system, a query on a database over a network based on the product identifier in the request message for information related to the respective physical item;
in response to the request message, providing, by the product catalog service system, a response message to the product catalog system, the response message including the second product metadata based on the information related to the respective physical item from the database over the network;
in response to the request message, providing, by the product catalog service system, a response message to the product catalog system, the response message including the second product metadata based on the information related to the respective physical item from the database over the network;
receiving, by the client device from the product catalog system over the Internet, the second product metadata, the second product metadata including additional information related to the selected product, the additional information comprising information that the selected product addresses the facial condition; and
receiving, by the client device from the product catalog system over the Internet, the second product metadata, the second product metadata including additional information related to the selected product, the additional information comprising information that the selected product addresses the facial condition; and
causing display, at the client device, of at least one recommendation corresponding to the set of media content associated with the product, the at least one recommendation facilitating identifying a set of products, including the product, that address at least one health condition, corresponding to the facial condition.
causing display, at the client device, of at least one recommendation corresponding to the set of media content associated with the product, the at least one recommendation facilitating identifying a set of products, including the product, that address at least one health condition, corresponding to the facial condition, through using the set of products by the user.
Instant Claim 2
Claim 2 of Patent ‘601
wherein the product metadata comprises the product identifier, a product augmented reality experience identifier, and information related to the product corresponding to the product identifier;
wherein the product metadata comprises the product identifier, a product augmented reality experience identifier, and information related to the product corresponding to the product identifier;
wherein selecting the product and the set of media content further comprises:
wherein selecting the product and the set of media content further comprises:
performing, by the product catalog system, a lookup operation on a product table to retrieve the product metadata; and
performing, by the product catalog system, a lookup operation on a product table to retrieve the product metadata; and
storing, by the product catalog system, the information related to the respective physical item into the product table.
storing, by the product catalog system, the information related to the respective physical item into the product table.
Instant Claim 3
Claim 3 of Patent ‘601
wherein the at least one recommendation comprises a suggested augmented content reality generator, media content, or additional textual information related to at least one characteristic from the determined set of characteristics.
wherein the at least one recommendation comprises a suggested augmented content reality generator, media content, or additional textual information related to at least one characteristic from the determined set of characteristics.
Instant Claim 4
Claim 4 of Patent ‘601
wherein the determined set of characteristics includes a health-related characteristic identified in the representation of the face, and the health condition comprises at least one of dry skin, oily skin, combination skin, sunburns, acne, eczema, rosacea, ichthyosis, or dermatitis.
wherein the determined set of characteristics includes a health-related characteristic identified in the representation of the face, and the health condition comprises at least one of dry skin, oily skin, combination skin, sunburns, acne, eczema, rosacea, ichthyosis, or dermatitis.
Instant Claim 5
Claim 5 of Patent ‘601
wherein the determined set of characteristics includes a shape of the face, or a skin tone of the face.
wherein the determined set of characteristics includes a shape of the face, or a skin tone of the face.
Instant Claim 6
Claim 6 of Patent ‘601
wherein analyzing the image data to determine the set of characteristics of the representation of the face further comprises:
wherein analyzing the image data to determine the set of characteristics of the representation of the face further comprises:
performing a facial feature detection process to detect a first facial feature; and
performing a facial feature detection process to detect a first facial feature; and
identifying a health-related characteristic associated with the detected first facial feature.
identifying a health-related characteristic associated with the detected first facial feature.
Instant Claim 7
Claim 7 of Patent ‘601
wherein the facial feature detection process comprises a machine learning algorithm.
wherein the facial feature detection process comprises a machine learning algorithm.
Instant Claim 8
Claim 8 of Patent ‘601
wherein the machine learning algorithm is based on a neural network model.
wherein the machine learning algorithm is based on a neural network model.
Instant Claim 9
Claim 9 of Patent ‘601
performing a second facial feature detection process to detect the first facial feature, the second facial feature detection process being different than the facial feature detection process.
performing a second facial feature detection process to detect the first facial feature, the second facial feature detection process being different than the facial feature detection process.
Instant Claim 10
Claim 10 of Patent ‘601
wherein the determined set of characteristics comprises different types of eyelashes, the different type of eyelashes comprising dry eyelashes and weak eyelashes,
wherein first selection of the portion of the representation of the face of the user corresponds to an eye of the face of the user, and
wherein the determined set of characteristics comprises different types of eyelashes, the different type of eyelashes comprising dry eyelashes and weak eyelashes,
wherein the at least one recommendation comprises textual information related to addressing dry eyelashes.
wherein the at least one recommendation comprises textual information related to addressing dry eyelashes.
Regarding claim 11, claim 11 is directed to a system. Claim 11 recites limitations that are similar in nature to those addressed above for claim 1 which is directed towards a method. It is noted that claim 11 also recites the features of a processor; and a memory including instructions that, when executed by the processor, cause the processor to perform operations, which claim 11 of patent ‘601 also recites. Claim 11 is therefore rejected for the same reasons as set forth above for claim 1.
Regarding claim 12, claim 12 is directed to a system. Claim 12 recites limitations that are similar in nature to those addressed above for claim 2 which is directed towards a method. Claim 12 is therefore rejected for the same reasons as set forth above for claim 2.
Regarding claim 13, claim 13 is directed to a system. Claim 13 recites limitations that are parallel in nature to those addressed above for claim 3 which is directed towards a method. Claim 13 is therefore rejected for the same reasons as set forth above for claim 3.
Regarding claim 14, claim 14 is directed to a system. Claim 14 recites limitations that are parallel in nature to those addressed above for claim 4 which is directed towards a method. Claim 14 is therefore rejected for the same reasons as set forth above for claim 4.
Regarding claim 15, claim 15 is directed to a system. Claim 15 recites limitations that are parallel in nature to those addressed above for claim 5 which is directed towards a method. Claim 15 is therefore rejected for the same reasons as set forth above for claim 5.
Regarding claim 16, claim 16 is directed to a system. Claim 16 recites limitations that are parallel in nature to those addressed above for claim 6 which is directed towards a method. Claim 16 is therefore rejected for the same reasons as set forth above for claim 6.
Regarding claim 17, claim 17 is directed to a system. Claim 17 recites limitations that are parallel in nature to those addressed above for claim 7 which is directed towards a method. Claim 17 is therefore rejected for the same reasons as set forth above for claim 7.
Regarding claim 18, claim 18 is directed to a system. Claim 18 recites limitations that are parallel in nature to those addressed above for claim 8 which is directed towards a method. Claim 18 is therefore rejected for the same reasons as set forth above for claim 8.
Regarding claim 19, claim 19 is directed to a system. Claim 19 recites limitations that are parallel in nature to those addressed above for claim 9 which is directed towards a method. Claim 19 is therefore rejected for the same reasons as set forth above for claim 9.
Regarding claim 20, claim 20 is directed to a non-transitory computer-readable medium. Claim 20 recites limitations that are similar in nature to those addressed above for claim 1 which is directed towards a method. It is noted that claim 20 of the instant claims also recites a non0-transitory computer-readable medium comprising instructions, which when executed by a computing device, cause the computing device to perform operations, which are also recited in claim 20 of patent ‘601. Claim 20 is therefore rejected for the same reasons as set forth above for claim 1.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-4, 6-8, 11-14, 16-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sun, Y., et al. (PGP No. US 2019/0179405 A1), in view of Kuang, S. (PGP No. US 2021/0015241 A1)
Claim 1-
Sun discloses a method, comprising:
analyzing, by a product identification module accessing a shared memory of a client device, image data to determine a set of characteristics of a representation of a face (Sun, see: paragraph [0094] disclosing “generate a feature map 602” and “for a face including reference features 604 positioned about a face of an individual shown within a camera stream” and “AR product model presentation system 106 analyzes…frames”; and see: paragraph [0095] disclosing “detects edges of facial features including, for example, eyes, eyebrows, nose, lips, and other detected features of a face”);
based at least in part on the determined set of characteristics, selecting a product and a set of media content associated with the product, the product comprising a particular product that, when utilized, addresses a facial condition included in the determined set of characteristics, wherein selecting the product and the set of media content comprises (Sun, see: paragraph [0056] disclosing “selectable product link associated with the product” and “associated with a digital model of the individual product shown within the post 208a [i.e., set of media content]”; and see: [0061] disclosing “networking system application 110 can provide digital model of selected product in connection with detected content within the camera stream 218” and “identifies the detected face 224 including various features of the face 224 (nose, eyes, ears, forehead, etc.)”; Also see: FIG. 2A):
sending, by the client device to a product catalog system over the Internet, an indicator of the selected product, the product catalog system comprising a first processor for processing product metadata of the selected product and a first memory for storing information related to second product metadata associated with the product metadata of the selected product, the information comprising at least a set of manufacturers of the selected product (Sun, see: paragraph [0078] disclosing “product icon 408c associated with a product” and “providing a sponsored product icon associated with a digital model of a corresponding product” and “in response to detecting a user selection of the sponsored product icon 408c, the AR product model presentation system 106 can provide a digital model of a pair of glasses”; and see: paragraph [0089] disclosing “additional information window 512 can include price information, brand information, store/location information, color information, and other data associated with the corresponding product”);
sending, by the product catalog system, a request over the Internet to a product catalog service system for obtaining metadata related to a respective physical item associated with the selected product, the request message including a product identifier, and the product catalog system and the product catalog service system being different systems that are communicatively coupled over the Internet (Sun, see: paragraph [0040] describing the networking system can be an electronic messaging application; and paragraph [0042] disclosing “AR product model presentation system (product catalog system) provides functionality via networking system application (product catalog service system)”; see: paragraph [0072] describing that the AR model presentation system provides models of different types of products that are of interest to the user.; and paragraph [0132] detecting a selection of a call-to-action (e.g. selectable product link) associated with a digital model of a product where the digital model includes a digital model of the product and data for rendering the product within a graphical user interface. In response to detecting the selection of the call-to-action, providing, to a networking system a request for the digital model of the product”);
performing, by the product catalog service system, a query on a database over a network based on the product identifier in the request message for information related to the respective physical item (Sun, see: paragraph [0132] disclosing “In response to detecting the selection of the call-to-action, providing, to a networking system a request for the digital model of the product”);
in response to the request, providing, by the product catalog service system, a response message to the product catalog system, the response including the second product metadata based on the information related to the respective physical item from the database over the network (Sun, see: paragraph [0089] disclosing “additional information window 512 can include price information, brand information, store/location information, color information”; and paragraph [0132] disclosing “in response to the detecting a selection and providing to a networking system the request for the digital model of the product, receiving the digital model of the product”);
receiving, by the client device from the product catalog system over the Internet, the second product metadata, the second product metadata including additional information related to the selected product, the additional information comprising information that the selected product addresses the facial features (Sun, see: paragraph “identifies the detected face 224 including various features of the face 224 (nose, eyes, ears, forehead, etc.)”; and see: paragraph [0089] disclosing “additional information window 512 can include price information, brand information, store/location information, color information, and other data associated with the corresponding product”); and
causing display, at the client device, of at least one recommendation corresponding to the set of media content associated with the product (Sun, see: paragraph [0144] disclosing “in response to detecting the selection of the call-to-action, providing the digital model to a client device such that the cline devices provides an augmented reality experience by rendering the digital model of the product within a camera interface (display) of a networking system application)”).
Although Sun discloses that the product catalog system can send a request to the product catalog service system, and the product catalog service system may respond to the request (Sun, see: paragraph [0049] disclosing “AR product model presentation 106 can further detect a user selection”), Sun does not disclose that the request and the response are directed through a specific message. Further, Sun does not disclose that the products identified address at least one health condition corresponding to the facial condition. Sun does not disclose:
a message;
identifying a set of products, including the product, that address at least one health condition, corresponding to the facial condition,
product addresses the facial condition,
Kuang, however, does teach:
a message (Kuang, see: paragraph [0056] teaching “other beauty or fashion products used or recommended by the matched or close-matched wealthy people, proposes, recommends, displays, lists, email, text message or presents (in graphics, videos, voices, or live shows) these products to the person”);
identifying a set of products, including the product, that address at least one health condition, corresponding to the facial condition (Kuang, see: paragraph [0056] teaching “ if the face attribute of ‘dry skin’ has been determined by the attribute unit 103, the attribute product unit 104 will find or obtain one or many brands of moisture lotion for dry skin”),
product addresses the facial condition (Kuang, see: paragraph [0056] teaching “ if the face attribute of ‘dry skin’ has been determined by the attribute unit 103, the attribute product unit 104 will find or obtain one or many brands of moisture lotion for dry skin”).
This step of Kuang is applicable to the method of Sun, as they both share characteristics and capabilities, namely, they are directed to determining facial features of a user to promote products. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined method of Sun, to include the features of a message, identifying a set of products, including the product, that address at least one health condition, corresponding to the facial condition, and product addresses the facial condition , as taught by Kuang. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the method of Sun in order to provide better recommendations to users based on accurate facial characteristic identification (Kuang, see: paragraph [0002]).
Claim 2-
Sun in view of Kuang teach the method of claim 1, as described above.
Sun discloses:
wherein the product metadata comprises the product identifier, a product augmented reality experience identifier, and information related to the product corresponding to the product identifier (Sun, see: paragraph [0042] AR product model presentation system (product catalog) compiles a collection or catalog of digital models corresponding to a plurality of products; paragraph [0112] disclosing “an AR product model presentation system 106 [i.e., product catalog system] includes a digital model manager 908 [i.e., augmented reality experience identifier], a call-to-action manager 910” and “a data storage 914 including product data 916 and model data 918” (product identifier and information related to the product corresponding to the product identifier); and see: [0115] disclosing “call-to-action provider 904 provides a request to the AR product model presentation system 106 for a copy of a digital model [i.e., lookup operation on a product table to retrieve product metadata]”; Also see: FIG. 9);
wherein selecting the product and the set of media content further comprises (Sun, see: paragraph [0061] disclosing “networking system application 110 can provide digital model of selected”) product:
performing, by the product catalog system, a lookup operation on a product table to retrieve the product metadata (Sun, see: paragraph [0061] disclosing “networking system application 110 can provide digital model of selected product in connection with detected content within the camera stream 218” and “identifies the detected face 224 including various features of the face 224 (nose, eyes, ears, forehead, etc.)”; and see: [0104] disclosing “map vertices at various locations on glasses [i.e., one product] (e.g., lenses, frames, bridge, etc.) to corresponding reference features 602 (e.g., nose, eyebrows, eyes, etc.) of the detected face”; Also see: FIG. 2A “Search”); and
storing, by the product catalog system, the information related to the respective physical item into the product table (Sun, see: paragraph [0123] disclosing “digital model manager 908 may maintain a database of digital models for a catalog of products” and “digital model manager 908 can store any number of digital models via a data storage 914”; Also see: FIG. 9) (Examiner notes that the AR product model presentation includes the data storage 914 and the digital model manager that maintains the database of products in a product table, also presented in FIG. 9).
Claim 3-
Sun in view Kuang teach the method of claim 1, as described above.
Sun discloses:
wherein the at least one recommendation comprises a suggested augmented content reality generator, media content, or additional textual information related to at least one characteristic from the determined set of characteristics (Sun, see: paragraph [0056] disclosing “selectable product link associated with the product” and “associated with a digital model of the individual product shown within the post 208a [i.e., media content]” and “selecting the try on icon 214 prompts the AR product model presentation system 106 to provide digital models for an associated product and one or more related products”).
Claim 4-
Sun in view of Kuang teach the method of claim 1, as described above.
Sun discloses:
Although Sun discloses a set of characteristics identified in the representation of the face (Sun, see: paragraph [0104] disclosing “map vertices at various locations on glasses [i.e., one product] (e.g., lenses, frames, bridge, etc.) to corresponding reference features 602 (e.g., nose, eyebrows, eyes, etc.) [i.e., related to the determined set of characteristics] of the detected face”), Sun does not disclose that the characteristics include a health-related characteristic. Sun does not disclose:
a health-related characteristic identified in the representation of the face, and the health condition comprises at least one of dry skin, oily skin, combination skin, sunburns, acne, eczema, rosacea, ichthyosis, or dermatitis.
Kuang, however, does teach:
a health-related characteristic identified in the representation of the face, and the health condition comprises at least one of dry skin, oily skin, combination skin, sunburns, acne, eczema, rosacea, ichthyosis, or dermatitis (Kuang, see: paragraph [0056] teaching “ if the face attribute of ‘dry skin’ has been determined by the attribute unit 103, the attribute product unit 104 will find or obtain one or many brands of moisture lotion for dry skin”).
This step of Kuang is applicable to the method of Sun, as they both share characteristics and capabilities, namely, they are directed to determining facial features of a user to promote products. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined method of Sun, to include the feature a health-related characteristic identified in the representation of the face, and the health condition comprises at least one of dry skin, oily skin, combination skin, sunburns, acne, eczema, rosacea, ichthyosis, or dermatitis, as taught by Kuang. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the method of Sun in order to provide better recommendations to users based on accurate facial characteristic identification (Kuang, see: paragraph [0002]).
Claim 6-
Sun in view Kuang teach the method of claim 1, as described above.
Sun discloses:
wherein analyzing the image data to determine the set of characteristics of the representation of the face further comprises (Sun, see: paragraph [0094] disclosing “AR product model presentation system 106 analyzes one or more video frames”; and see: paragraph [0095] disclosing “detects edges of facial features including, for example, eyes, eyebrows, nose, lips, and other detected features of a face [set of characteristics]”):
performing a facial feature detection process to detect a first facial feature (Sun, see: paragraph [0095] disclosing “detects edges of facial features including, for example, eyes, eyebrows, nose, lips, and other detected features of a face [determines set of characteristics of the representation of the face]”);
Although Sun discloses analyzing the image data to determine the set of characteristics and performing a facial feature detection process to detect a first facial feature (Sun, see: paragraph [0095]), Sun does not disclose an identification of a health-related characteristic associated with the facial feature. Sun does not disclose:
identifying a health-related characteristic associated with the detected first facial feature.
Kuang, however, does teach:
identifying a health-related characteristic associated with the detected first facial feature (Kuang, see: paragraph [0056] teaching “ if the face attribute of ‘dry skin’ has been determined by the attribute unit 103, the attribute product unit 104 will find or obtain one or many brands of moisture lotion for dry skin” and “the skincare…healthcare…maybe purifying cleanser, eye creams, facial radiance pads, protein shake, super seed facial oil, multi-acid body peel, face mask, overnight cream, face sunscreens”).
This step of Kuang is applicable to the method of Sun, as they both share characteristics and capabilities, namely, they are directed to determining facial features of a user to promote products. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined method of Sun, to include the feature identifying a health-related characteristic associated with the detected first facial feature as taught by Kuang. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the method of Sun in order to provide better recommendations to users based on accurate facial characteristic identification (Kuang, see: paragraph [0002]).
Claim 7-
Sun in view of Kuang teach the method of claim 6, as described above.
Sun discloses:
wherein the facial feature detection process comprises a machine learning algorithm (Sun, see: paragraph [0190] disclosing “machine-learning algorithms trained”).
Claim 8-
Sun in view Kuang teach the method of claim 7, as described above.
Sun discloses:
wherein the machine learning algorithm is based on a neural network model (Sun, see: paragraph [0190] disclosing “machine learning algorithms trained by historic actions”).
Regarding claim 11, claim 11 is directed to a system. Claim 11 recites limitations that are similar in nature to those addressed above for claim 1, which is directed towards a method. It is noted that claim 11 further recites a processor; and a memory including instructions that, when executed by the processor, cause the processor to perform operations, which are disclosed by Sun (Sun, see: paragraph [0147] disclosing “a processor” and “instructions” and “executes those instructions”). Claim 11 is therefore rejected for the same reasons as set forth above for claim 1.
Regarding claim 12, claim 12 is directed to a system. Claim 11 recites limitations that are parallel in nature to those addressed above for claim 2, which is directed towards a method. Claim 12 is therefore rejected for the same reasons as set forth above for claim 2.
Regarding claim 13, claim 13 is directed to a system. Claim 13 recites limitations that are parallel in nature to those addressed above for claim 3, which is directed towards a method. Claim 13 is therefore rejected for the same reasons as set forth above for claim 3.
Regarding claim 14, claim 14 is directed to a system. Claim 14 recites limitations that are parallel in nature to those addressed above for claim 4, which is directed towards a method. Claim 14 is therefore rejected for the same reasons as set forth above for claim 4.
Regarding claim 16, claim 16 is directed to a system. Claim 16 recites limitations that are parallel in nature to those addressed above for claim 6, which is directed towards a method. Claim 16 is therefore rejected for the same reasons as set forth above for claim 6.
Regarding claim 17, claim 17 is directed to a system. Claim 17 recites limitations that are parallel in nature to those addressed above for claim 7, which is directed towards a method. Claim 17 is therefore rejected for the same reasons as set forth above for claim 7.
Regarding claim 18, claim 18 is directed to a system. Claim 18 recites limitations that are parallel in nature to those addressed above for claim 8, which is directed towards a method. Claim 18 is therefore rejected for the same reasons as set forth above for claim 8.
Regarding claim 20, claim 20 is directed to a product of manufacture. Claim 20 recites limitations that are similar in nature to those addressed above for claim 1, which is directed towards a method. It is noted that claim 20 includes the features of A non-transitory computer-readable medium comprising instructions, which when executed by a computing device, cause the computing device to perform operations, which are disclosed by Sun (Sun, see: paragraph [0147] disclosing “non-transitory computer-readable medium and executable by one or more computing devices” and “processor”). Claim 20 is therefore rejected for the same reasons as set forth above for claim 1.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sun, Y., et al., in view of Kuang, S., and Fu, Y., et al. (PGP No. US 2019/0014884 A1).
Claim 5-
Sun in view Kuang teach the method of claim 1, as described above.
Although Sun discloses a set of characteristics of the representation of the face (Sun, see: paragraph [0095] disclosing “detects edges of facial features [i.e., analyze the image data] including, for example, eyes, eyebrows, nose, lips, and other detected features of a face”), Sun does not disclose the characteristics include a shape of the face or a skin of the face. Sun does not disclose:
wherein the determined set of characteristics includes a shape of the face, or a skin tone of the face.
Fu, however, does teach:
wherein the determined set of characteristics includes a shape of the face, or a skin tone of the face (Fu, see: paragraph [0032] teaching “brightness of the input image and comparing the average brightness with the estimated normalized skin color”; and see: paragraph [0104] teaching “the shape information of the face and eye”).
This step of Fu is applicable to the method of Sun, as they both share characteristics and capabilities, namely, they are directed to augmented reality and representations of a user’s face corresponding to a product, in a virtual environment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Sun to include the features of wherein the determined set of characteristics include a shape of the face, or a skin tone of the face, as taught by Fu. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Sun to improve the representation of a user’s face by including calibrating color determining a shape of the user (Fu, see: paragraph [0002]).
Regarding claim 15, claim 15 is directed to a system. Claim 15 recites limitations that are parallel in nature to those addressed above for claim 5, which is directed towards a method. Claim 15 is therefore rejected for the same reasons as set forth above for claim 5.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sun, Y. et al., in view of Kuang, S., and Popa, T., et al. (PGP No. US 2018/0268458 A1).
Claim 9-
Sun in view of Kuang teach the method of claim 6, as described above.
Although Sun does disclose a facial feature detection process to detect the first facial feature (Sun, see: paragraph [0095]), and may detect several different features of the face by that process, the detection process does not disclose a second facial feature detection process that is different than the first facial feature detection process. Neither Sun nor Kuang does not disclose:
performing a second facial feature detection process to detect the first facial feature, the second facial feature detection process being different than the facial feature detection process.
Popa, however, does teach:
performing a second facial feature detection process to detect the first facial feature, the second facial feature detection process being different than the facial feature detection process (Popa, see: paragraph [0186] teaching “face shape recognition as a method to identify a person through a photograph” and “The first module in face recognition processing is known as face detection which provides an initial estimate of the location and scale of specified boundary points on the face [i.e., second facial feature detection process being different from than the facial feature detection process]. The second module in the face recognition processing is face point creation wherein accurate localization is required”; Also see: FIG. 3).
This step of Popa, is applicable to the method of Sun, as they both share characteristics and capabilities, namely, they are directed to determining facial features of a user to promote products. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined method of Sun, to include the feature performing a second facial feature detection process to detect the first facial feature, the second facial feature detection process being different than the facial feature detection process, taught by Popa. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the method of Sun in order to provide a better data driven recommendation for products regrading faces (Popa, see: paragraph [0004]).
Regarding claim 19, claim 19 is directed to a system. Claim 19 recites limitations that are parallel in nature to those addressed above for claim 9, which is directed towards a method. Claim 19 is therefore rejected for the same reasons as set forth above for claim 9.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sun, Y. et al., in view of Kuang, S., and Lee, W., et al. (PGP No. US 2019/0142725 A1).
Claim 10-
Sun in view of Kuang teach the method of claim 1, as described above.
Although Sun discloses a set of characteristics of the representation of the face (Sun, see: paragraph [0095] disclosing “detects edges of facial features including, for example, eyes, eyebrows, nose, lips, and other detected features of a face”), and discloses at least one recommendation comprises textural information (Sun, paragraph [0144]), Sun does not disclose the characteristics as types of eyelashes, where eyelashes are dry and weak. Sun does not disclose:
characteristics comprises different types of eyelashes, the different type of eyelashes comprising dry eyelashes and weak eyelashes,
information related to addressing dry eyelashes.
Lee, however, does teach:
characteristics comprises different types of eyelashes, the different type of eyelashes comprising dry eyelashes and weak eyelashes (Lee, see: paragraph [0003] teaching “mascaras can dry eyelashes, especially if the formulation does not contain moisturizers, conditioners or humectant” and “induce cracks or swelling in the cuticle of the hair and increase the porosity of cortex. The result is dry, weakened hair”),
information related to addressing dry eyelashes (Lee, see: paragraph [0054] teaching “an aqueous solution of a hydrolyzed wheat protein-cationic polymer complex can be used for a real benefit in a two-regimen product. In a pretreatment step, the eyelashes are treated with an aqueous solution of a protein-cationic polymer complex such as X1, herein, and then an anhydrous mascara is applied over that”).
This step of Lee is applicable to the method of Sun, as they both share characteristics and capabilities, namely, they are directed to identifying types of products for a user with specific features. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Sun to include the features of characteristics comprises different types of eyelashes, the different type of eyelashes comprising dry eyelashes and weak eyelashes, and information related to addressing dry eyelashes, as taught by Lee. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the reference of Sun to improve the specific condition of a user’s facial feature, such as eyelashes, by providing a more long term benefit product for the condition (Lee, see: paragraphs [0002]-[0003).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Arora, S., et al. (PGP No. US 2007/0150368 A1), describes systems and methods that can be used to develop and create a knowledge base about a user that enables a high degree of personalization.
Non-patent literature (NPL), Dermalogica Face Mapping, published on Dermalogica.com (2019), renders an interface for a user to use image analysis for their face, as well as input from an online skin quiz, to provide customized and personalized recommendations of products to address specific skin and facial needs based on the input of the image analysis and the skin quiz.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY PRESTON whose telephone number is (571)272-4399. The examiner can normally be reached M-F 9-5.
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/ASHLEY D PRESTON/Primary Examiner, Art Unit 3688