Detailed Notice
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 .
Status of Claims
Claims 1-5 and 7-10 are pending.
Claims 1-5 and 7-10 are rejected.
Claims 1-2, 5, 7, and 9-10 are amended.
Claim 6 is canceled.
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 1-5 and 7-10 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.
Step 1:
In the instant case, claims 1-5, and 7-9 are directed toward a skin care system (i.e., machine) and claim 10 is directed toward a skin care method (i.e., process). Thus, each of the claims falls within one of the four statutory categories. Nevertheless, the claims fall within the judicial exception of an abstract idea.
Step 2A—Prong 1:
Independent claims 1 and 10 recites steps that, under their broadest reasonable interpretations, cover performance of the limitations of a certain method of organizing human activity but for the recitation of generic computer components.
Claim 1 recites: “A skin care system including a mobile terminal to obtain user information, a dermatology hospital terminal, and a skin care shop terminal, wherein the mobile terminal comprises a processor configured to obtain user information; wherein the dermatology hospital terminal includes a storage and a controller; wherein the controller of the dermatology hospital terminal is configured to: receive the user information from the processor of the mobile terminal, acquire first skin condition information indicating a user's skin condition corresponding to the received user information, generate first treatment information and first skin post-treatment management information according to a skin treatment performed based on the first skin condition information, store the first treatment information and the first skin post-treatment management information with the user information, and transmit the first treatment information and the first skin post-treatment management information to the skin care shop
The limitations of obtain user information; receive the user information, acquire first skin condition information indicating a user's skin condition corresponding to the received user information, generate first treatment information and first skin post-treatment management information according to a skin treatment performed based on the first skin condition information, store the first treatment information and the first skin post-treatment management information with the user information, and transmit the first treatment information and the first skin post-treatment management information; perform post-treatment management according to the first skin post-treatment management information, acquire skin care status information including second skin condition information of the user according to a result of performing the post-treatment management, and transmit the skin care status information determine whether additional skin care is necessary based on a comparison result between the first skin condition information and the second skin condition information, and transmit an additional skin care notification based on the determination whether the additional skin care is necessary, given the broadest reasonable interpretation, cover the abstract idea of a certain method of organizing human activity because they recite managing personal behavior or relationships or interactions between people (i.e. social activities, teaching, and following rules or instructions—in this case the aforementioned steps recite a process of obtain, receive, acquire, generate, store, transmit, control, and determine, which is properly interpreted as a “personal behavior”), and/or a mental process that a doctor should determine when discharging a patient that may have a high or low risk of being readmitted (i.e. in this cased the aforementioned limitations recite steps a doctor would normally mentally perform to analyze the chance of readmitting a patient, but instead automates the process via a computer model), e.g. see MPEP 2106.04(a)(2). Any limitations not identified above as part of the abstract idea are deemed “additional elements”, and will be discussed in further detail below.
Additionally, claim 10 recites: “A skin care method of a skin care system including a mobile terminal, a dermatology hospital terminal, and a skin care shop terminal, the skin care method comprising: obtaining, by a processer of the mobile terminal, user information; receiving, by a controller the dermatology hospital terminal, the obtained user information from the mobile terminal; acquiring, by the controller of the dermatology hospital terminal, first skin condition information indicating a skin condition of a user corresponding to the received user information; generating, by the controller of the dermatology hospital terminal, first treatment information and first skin post-treatment management information according to skin treatment performed based on the first skin condition information; storing, by the controller of the dermatology hospital terminal, the first treatment information and the first skin post-treatment management information with the user information, transmitting, by the controller of the dermatology hospital terminal, the first treatment information and the first skin post-treatment management information to the skin care shop terminal; performing, by a controller of the skin care shop terminal, post-treatment management according to the first skin post-treatment management information; acquiring, by the controller of the skin care shop terminal, skin care status information including second skin condition information of the user according to a result of performing the post-treatment management; transmitting, by the controller of the skin care shop terminal, the skin care status information to the dermatology hospital terminal; determining, by the controller of the dermatology hospital terminal, whether the user needs additional skin care based on a comparison result between the first skin condition information and the second skin condition information; and transmitting, by the controller of the dermatology hospital terminal, an additional skin care notification to the mobile terminal based on the determination whether the additional skin care is necessary”.
The limitations of obtaining, user information; receiving, the obtained user information; acquiring, first skin condition information indicating a skin condition of a user corresponding to the received user information; generating, first treatment information and first skin post-treatment management information according to skin treatment performed based on the first skin condition information; storing, the first treatment information and the first skin post-treatment management information with the user information, transmitting, the first treatment information and the first skin post-treatment management information; performing, post-treatment management according to the first skin post-treatment management information; acquiring, skin care status information including second skin condition information of the user according to a result of performing the post-treatment management; transmitting, the skin care status information; determining, whether the user needs additional skin care based on a comparison result between the first skin condition information and the second skin condition information; and transmitting, an additional skin care notification based on the determination whether the additional skin care is necessary, given the broadest reasonable interpretation, cover the abstract idea of a certain method of organizing human activity because they recite managing personal behavior or relationships or interactions between people (i.e. social activities, teaching, and following rules or instructions—in this case the aforementioned steps recite a process of obtaining, receiving, acquiring, generating, storing, transmitting, performing, and determining, which is properly interpreted as a “personal behavior”), and/or a mental process that a doctor should determine when discharging a patient that may have a high or low risk of being readmitted (i.e. in this cased the aforementioned limitations recite steps a doctor would normally mentally perform to analyze the chance of readmitting a patient, but instead automates the process via a computer model), e.g. see MPEP 2106.04(a)(2). Any limitations not identified above as part of the abstract idea are deemed “additional elements”, and will be discussed in further detail below.
Dependent claims 2-5 and 7-9 include other limitations, as well as specific step of data to be processed, received, and applied, but these only serve to further limit the abstract idea and do not add and additional elements, and hence are nonetheless directed towards fundamentally the same abstract idea as independent claims 1 and 10. However, recitation of an abstract idea is not the end of the 35 U.S.C. 101 analysis. Each of the claims must be analyzed for additional elements that indicate the abstract idea is integrated into a practical application to determine whether the claim is considered to be “directed to” an abstract idea.
Step 2A—Prong 2:
Claims 1-5 and 7-10 are not integrated into a practical application because the additional elements (i.e. any limitations that are not identified as part of the abstract idea) amount to no more than limitations which:
Amount to mere instructions to apply an exception—for example, the recitation of “mobile terminal”, “skincare shop terminal”, “dermatology shop terminal”, “processor”, “storage and a controller”, and “skincare module”, which amount to merely invoking a computer as a tool to perform the abstract idea, e.g. see FIG. 1-7 and [0007], of the present specification, and see further MPEP 2106.05(f);
Generally linking the abstract idea to a particular technological environment or field of use, for example, “control the skin care module to”, “obtain user information, a dermatology hospital terminal, and a skin care shop terminal, wherein the mobile terminal comprises a processor configured to”, “wherein the dermatology hospital terminal includes a storage and a controller; wherein the controller of the dermatology hospital terminal is configured to”, “from the processor of the mobile terminal”, “to the skin care shop terminal; wherein the skin care shop terminal includes a controller and a skin care module; wherein the controller of the skin care shop terminal is configured to”, “to the dermatology hospital terminal; and wherein the controller of the dermatology hospital terminal is configured to”, “to the mobile terminal”, “by a processer of the mobile terminal”, “by a controller the dermatology hospital terminal”, “from the mobile terminal”, “by the controller of the dermatology hospital terminal”, “by the controller of the dermatology hospital terminal”, “by the controller of the dermatology hospital terminal”, “by the controller of the dermatology hospital terminal”, “to the skin care shop terminal”, “by a controller of the skin care shop terminal”, “by the controller of the skin care shop terminal”, “by the controller of the skin care shop terminal”, “to the dermatology hospital terminal”, “by the controller of the dermatology hospital terminal”, “the controller of the dermatology hospital terminal”, and “to the mobile terminal”, which amounts to limiting the abstract idea to the field of technology/the environment of computers, see MPEP 2106.05(h); and/or
Merely acquiring information for further analysis by the system and the particular manner of acquisition is not described or shown to be important, for example, “receive the user information from the processor of the mobile terminal, acquire first skin condition information indicating a user's skin condition corresponding to the received user information”, “acquire skin care status information including second skin condition information of the user according to a result of performing the post-treatment management”, “obtaining, by a processer of the mobile terminal, user information; receiving, by a controller the dermatology hospital terminal, the obtained user information from the mobile terminal; acquiring, by the controller of the dermatology hospital terminal, first skin condition information indicating a skin condition of a user corresponding to the received user information”, and “”, which amounts to insignificant extra-solution activity in the form of mere data gathering because it merely functions tangentially to the main idea of the invention and serves only to bring in the data necessary for the inventions main analysis, see MPEP 2106.05(g).
Additionally, dependent claims 2-5 and 7-9 include other limitations, but as stated above, the limitations recited by these claims do not include any additional elements beyond those already recited in independent claims 1 and 10, and hence also do not integrate the aforementioned abstract idea into a practical application.
Step 2B
The claims do not include additional elements that are sufficient to amount to “significantly more” than the judicial exception because the additional elements (i.e. the elements other than the abstract idea), as stated above, are directed towards no more than limitations that amount to mere instructions to apply the exception, and/or generally link the abstract idea to a particular technological environment or field of use, which even when reevaluated under the considerations of Step 2B of the analysis, do not amount to “significantly more” than the abstract idea
Dependent claims 2-5 and 7-9 include other limitations, but none of these limitations are deemed significantly more than the abstract idea because, as stated above, the aforementioned dependent claims do not recite any additional elements not already recited in independent claims 1 and 10, and hence do not amount to “significantly more” than the abstract idea.
Additionally, the additional elements (i.e., “receive the user information from the processor of the mobile terminal, acquire first skin condition information indicating a user's skin condition corresponding to the received user information” and “obtaining, by a processer of the mobile terminal, user information; receiving, by a controller the dermatology hospital terminal, the obtained user information from the mobile terminal”), add extra solution activity, which comprises limitations which amount to elements that have been recognized as well-understood, routine, and conventional activity in a particular field as demonstrated by:
Relevant court decisions (See MPEP 2106.05(d)(II)):
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) (“Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink.” (emphasis added)).
Thus, taken alone, the additional elements do not amount to significantly more than the abstract idea identified above. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually, and there is no indication that the combination of elements improves the functioning of a computer or improves any other technology, and their collective functions merely provide conventional computer implementation.
Therefore, whether taken individually or as an ordered combination, claims 1-5 and 7-10 are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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.
Claim(s) 1-5 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Fateh et al. (US 20180301015 A1), hereinafter Fateh, in view of Kusumoto et al. (US 20150186518 A1), hereinafter Kusumoto, and Garruto et al. (US 20240016880 A1), hereinafter Garruto.
Regarding claim 1 Fateh teaches a skin care system including a mobile terminal, a dermatology hospital terminal to obtain user information, and a skin care shop terminal (Fateh, FIG. 7, [0013]: “FIG. 7 is a generalized flow diagram illustrating how data can flow from one or more sources to the smart container either directly or via a computing device (e.g., a mobile phone, tablet computer, or laptop computer) that is paired with (i.e., communicatively coupled to) the smart container” and [0022]: “Additionally or alternatively, the smart container could be communicatively coupled to another computing device (e.g., a mobile phone, tablet computer, or laptop computer) that is able to access a network-accessible interface. The network-accessible interface may include information about various skin care products, skin care routines, etc. The network-accessible interface could be associated with (and/or managed by) the manufacturer of the smart container, a cosmetic entity (e.g., a cosmetician or a cosmetic company), a medical entity (e.g., a physician, a dermatologist, or a pharmacy), etc.”), wherein the mobile terminal comprises a processor configured to obtain user information (Fateh, Abstract: “Such information can include the name of the skin care product, textual instructions for complying with a skin care regimen, animations illustrating how to apply the skin care product, user information, messages (e.g., text messages delivered via a cloud service), notifications, and device information (e.g., battery status and network connectivity status)”, [0020]: “The smart containers described herein can include an electronic display that presents relevant information, such as the name of the skin care product, textual instructions for complying with a skin care regimen, animations illustrating how to apply the skin care product, user information, messages (e.g., text messages delivered via a cloud service), notifications, and device information (e.g., battery status and network connectivity status)”, [0051], and [0080]-[0081]: “For example, the smart container may receive details regarding a skin care product from the cosmetic service, details regarding a medication regimen from the medical service, and details regarding upcoming weather patterns from the weather service… the smart container receives or generates one or more recommendations for applying the skin care product to maintain compliance with the medication regimen”); wherein the dermatology hospital terminal includes a storage (Fateh, [0034]: “The electronic display 102 preferably serves as an interactive digital label. For example, the electronic display 102 may allow the user to readily exchange information with a cloud-based service configured to provide recommendations regarding a skin care regimen, cosmetic professionals (e.g., beauty advisers, cosmeticians), cosmetic companies, medical professionals (e.g., dermatologists, nurses, pharmacists), medical entities (e.g., hospitals, pharmacies), etc. Information uploaded by the user for transmittal may include descriptions of side effects experienced by the user, a list of other skin care products owned or used by the user, answers to questions previously posed by a cosmetic professional or medical professional, etc.” and [0061]: “The communication module 408 can be housed within an electronics module compartment, which may also house additional modules and/or components (e.g., processors, communication devices, integrated electronics, memory storage devices, batteries, sensors)”) and a controller (Fateh, [0088]: “The bus 1016 is illustrated as an abstraction that represents any one or more separate physical buses, point to point connections, or both connected by appropriate bridges, adapters, or controllers”); wherein the controller of the dermatology hospital terminal is configured to (Fateh, [0034], [0061], and [0088]): receive the user information from the processor of the mobile terminal (Fateh, FIG. 7, [0013]: “FIG. 7 is a generalized flow diagram illustrating how data can flow from one or more sources to the smart container either directly or via a computing device (e.g., a mobile phone, tablet computer, or laptop computer) that is paired with (i.e., communicatively coupled to) the smart container”, [0023]: “The network-accessible interface is preferably accessible through a web browser, a software program, a mobile application, and/or an over-the-top (OTT) application”, and [0052]), acquire first skin condition information indicating a user's skin condition corresponding to the received user information (Fateh, [0034]: “Information uploaded by the user for transmittal may include descriptions of side effects experienced by the user, a list of other skin care products owned or used by the user, answers to questions previously posed by a cosmetic professional or medical professional, etc.” and [0035]), generate first treatment information and first skin post-treatment management information according to a skin treatment performed based on the first skin condition information (Fateh, [0034]-[0035], [0044], [0047], [0049], and [0050]), transmit the first treatment information and the first skin post-treatment management information to the skin care shop terminal (Fateh, [0034]: “For example, the electronic display 102 may allow the user to readily exchange information with a cloud-based service configured to provide recommendations regarding a skin care regimen, cosmetic professionals (e.g., beauty advisers, cosmeticians), cosmetic companies, medical professionals (e.g., dermatologists, nurses, pharmacists), medical entities (e.g., hospitals, pharmacies), etc. Information uploaded by the user for transmittal may include descriptions of side effects experienced by the user, a list of other skin care products owned or used by the user, answers to questions previously posed by a cosmetic professional or medical professional, etc.” and [0086]: “Responses can be delivered to the remote server or another computing device (e.g., a request to refill a prescription may be delivered directly to a pharmacy)”); wherein the skin care shop terminal includes a controller and skincare module (Fateh, [0028], [0032], [0034], [0048], [0053], [0061], and [0088]); wherein the controller of the skin care shop terminal is configured to control the skin care module (Fateh, [0034]: “For example, the electronic display 102 may allow the user to readily exchange information with a cloud-based service configured to provide recommendations regarding a skin care regimen, cosmetic professionals (e.g., beauty advisers, cosmeticians), cosmetic companies, medical professionals (e.g., dermatologists, nurses, pharmacists), medical entities (e.g., hospitals, pharmacies), etc. Information uploaded by the user for transmittal may include descriptions of side effects experienced by the user, a list of other skin care products owned or used by the user, answers to questions previously posed by a cosmetic professional or medical professional, etc.” and [0086]: “Responses can be delivered to the remote server or another computing device (e.g., a request to refill a prescription may be delivered directly to a pharmacy)”) to perform post-treatment management according to the first skin post-treatment management information, acquire skin care status information including second skin condition information of the user according to a result of performing the post-treatment management (Fateh, [0043]: “The smart cap 100 can also include one or more light sources that are able to provide visual reminders to administer the skin care product”, [0074]: “The smart home system 800 may be used to monitor whether a skin care product is applied by a user 804 in accordance with a regimen”, [0078]: “For instance, the network-connected container 802 may push information to a television upon determining an individual watching the television needs to be notified to administer a skin care product housed within the network-connected container 802. Similarly, the network-connected container 802 may prompt a refrigerator to issue a notification to administer the skin care product upon determining the individual is in the kitchen or recently interacted with the refrigerator”), and transmit the skin care status information to the dermatology hospital (Fateh, [0034], [0067]-[0068], [0070], and [0074]; and wherein the controller of the dermatology hospital terminal is configured to (Fateh, [0034], [0067]-[0068], [0070], and [0074]): and transmit a skin care notification to the mobile terminal based on the determination whether the skin care is necessary (Fateh, FIG. 6-9, [0020]: “The smart containers described herein can include an electronic display that presents relevant information, such as the name of the skin care product, textual instructions for complying with a skin care regimen, animations illustrating how to apply the skin care product, user information, messages (e.g., text messages delivered via a cloud service), notifications, and device information (e.g., battery status and network connectivity status). The smart container could also display past, present, or future information about the ambient environment that is likely to impact whether the individual applies the skin care product and/or how much skin care product the individual should apply. For example, the electronic display of the smart container could present the current humidity, the high and/or low temperature expected for the day, or the current amount of ultraviolet (UV) radiation”, [0022]-[0023]: “The network-accessible interface may include information about various skin care products, skin care routines, etc. The network-accessible interface could be associated with (and/or managed by) the manufacturer of the smart container, a cosmetic entity (e.g., a cosmetician or a cosmetic company), a medical entity (e.g., a physician, a dermatologist, or a pharmacy), etc.… The network-accessible interface is preferably accessible through a web browser, a software program, a mobile application, and/or an over-the-top (OTT) application. Accordingly, the technology introduced here can be used with any computing device on which an individual can access the network-accessible interface and interface with the smart container, including personal computers, tablet computers, personal digital assistants (PDAs), mobile phones, game consoles (e.g., Sony PlayStation® or Microsoft Xbox®), music players (e.g., Apple iPod Touch®), wearable electronic devices (e.g., a watch or fitness band), network-connected devices (e.g., a television), virtual/augmented reality systems (e.g., Oculus Rift® or Microsoft Hololens®), or other electronic devices”, [0034]: “For example, the electronic display 102 may allow the user to readily exchange information with a cloud-based service configured to provide recommendations regarding a skin care regimen, cosmetic professionals (e.g., beauty advisers, cosmeticians), cosmetic companies, medical professionals (e.g., dermatologists, nurses, pharmacists), medical entities (e.g., hospitals, pharmacies), etc. Information uploaded by the user for transmittal may include descriptions of side effects experienced by the user, a list of other skin care products owned or used by the user, answers to questions previously posed by a cosmetic professional or medical professional, etc.”, [0074]: “The smart home system 800 may be used to monitor whether a skin care product is applied by a user 804 in accordance with a regimen”, and [0086]: “Responses can be delivered to the remote server or another computing device (e.g., a request to refill a prescription may be delivered directly to a pharmacy)”, and [0085]: “the remote server transmits a notification or compliance or noncompliance to a computing device (step 908). The computing device may be associated with the user or another individual (e.g., a family member or medical professional). For example, the remote server may send a notification to the user that prompts the user to apply the skin care product. As another example, the remote server may send a notification to a medical professional (e.g., a dermatologist or nurse) that specifies the user applied the skin care product at the appropriate time”).
Fateh does not teach store the first treatment information and the first skin post-treatment management information with the user information.
However, Kusumoto teaches store the first treatment information and the first skin post-treatment management information with the user information (Kusumoto, [0107]-[0108]: “the data management server may extract, in response to a request from the user client, two or more pieces of the measurement data and/or the analysis result data of different acquisition times from the measurement data and/or the analysis result data stored in the measurement data database as the history based on the acquisition times, and transmit the extracted data to the user client, and the user client may include a comparative display unit configured to display the measurement data and/or the analysis result data of the different acquisition times in order of acquisition times such that the data can be compared each other”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Fateh to incorporate the teachings of Kusumoto and account for analyzing the skin condition without going to cosmetics selling shops by transmitting data of the measurement result of the skin condition measuring device to a server of a vendor analyzing skin condition from the measurement result with use of the portable wireless terminal (Kusumoto, Abstract and [0002]-[0005]).
Fateh and Kusumoto do not teach determine whether additional skin care is necessary based on a comparison result between the first skin condition information and the second skin condition information.
However, Garruto teaches determine whether additional skin care is necessary based on a comparison result between the first skin condition information and the second skin condition information (Garruto, [0220]-[0223]: “Similar to pre-conditioning, post-treatment use can also be advantageously employed. A 2-week period is generally a minimum time satisfactory for post-treatment use, but in certain circumstances a shorter post-treatment use time can be employed. Accordingly, post-treatment use for at least the two-week period following a procedure, once the skin is sufficiently healed such that the topical formulation can be applied, can be advantageously employed, e.g., post-treatment for two weeks, three weeks, four weeks or more, e.g., 2-4 weeks. Daily post-treatment administration is desirable, e.g., administration at least once a day, e.g., 2, 3, 4, or more times a day. Twice daily administration, e.g., morning and evening, can conveniently be employed. In certain embodiments, less than once per day application can be acceptable, e.g., every other day or every three days, or twice weekly… maintenance treatment of indefinite duration can be desirable to promote skin health, skin repair, and/or optimal skin bed condition. For maintenance, it may be acceptable to administer less frequently than once a day, e.g., once a week, or once every two or three days; however, twice daily administration, e.g., morning and evening, can conveniently be employed… various combinations of one or more of pre-conditioning, post-treatment application, and maintenance treatment can be employed”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Fateh and Kusumoto to incorporate the teachings of Garruto and account for fast and effective skin regeneration or wound healing, to avoid prolonged periods of inflammation, skin sensitivity, scarring, bruising, dry skin, infection, and other unfortunate skin conditions (Garruto, Abstract and [0003]-[0004]).
Regarding claim 2 Fateh further teaches the controller the dermatology hospital terminal is further configured to: if it is determined that additional skin care is needed, transmit an additional skin care notification to the mobile terminal (Fateh, [0067]-[0068] and [0086]).
Regarding claim 3 Fateh further teaches the additional skin care notification is a notification informing the user of the need for additional questionnaire or additional offline consultation related to the user's skin (Fateh, [0033]-[0034] and [0086]).
Regarding claim 4 Fateh further teaches the mobile terminal is configured to transmit an additional skin care request to the dermatology hospital terminal, and the additional skin care request includes at least one of additional questionnaire information and dermatology hospital reservation information (Fateh, [0033]-[0034] and [0086]).
Regarding claim 5 Fateh further teaches the controller of the dermatology hospital terminal is further configured to: generate second treatment information including information on additional procedures to be performed on the user according to the additional skin care request and second skin post-treatment management information for additional post- treatment based on the second treatment information (Fateh, [0033]-[0034], [0067]-[0068], and [0086]).
Regarding claim 7 Fateh further teaches the controller of the dermatology hospital terminal is further configured to: determine that additional skin care is necessary if a difference between a value of a skin condition factor included in the second skin condition information and a value of a skin condition factor included in the first skin condition information is less than a certain value (Fateh, FIG. 6-9, [0044], and [0074]: “The smart home system 800 may be used to monitor whether a skin care product is applied by a user 804 in accordance with a regimen”).
Regarding claim 8 Fateh further teaches the first skin post-treatment management information includes at least one of a post-treatment management method or customized cosmetic information (Fateh, FIG. 6-9, [0022], and [0074]: “The smart home system 800 may be used to monitor whether a skin care product is applied by a user 804 in accordance with a regimen”, and [0084]).
Regarding claim 9 Fateh further teaches the post-treatment management method includes at least one of low-stimulation management, cold management, heat management, moisture management, massage, steaming, cosmetic application, cupping, meridian massage, and moisture pack management, and the customized cosmetic information includes at least one of types of cosmetics and a mixing ratio of cosmetics (Fateh, [0022], [0034], [0051], and [0072]).
Regarding claim 10 Fateh teaches a skin care method of a skin care system including a mobile terminal, a dermatology hospital terminal, and a skin care shop terminal (Fateh, FIG. 7, [0013]: “FIG. 7 is a generalized flow diagram illustrating how data can flow from one or more sources to the smart container either directly or via a computing device (e.g., a mobile phone, tablet computer, or laptop computer) that is paired with (i.e., communicatively coupled to) the smart container” and [0022]: “Additionally or alternatively, the smart container could be communicatively coupled to another computing device (e.g., a mobile phone, tablet computer, or laptop computer) that is able to access a network-accessible interface. The network-accessible interface may include information about various skin care products, skin care routines, etc. The network-accessible interface could be associated with (and/or managed by) the manufacturer of the smart container, a cosmetic entity (e.g., a cosmetician or a cosmetic company), a medical entity (e.g., a physician, a dermatologist, or a pharmacy), etc.”), the skin care method comprising: obtaining, by a processer of the mobile terminal, user information (Fateh, Abstract: “Such information can include the name of the skin care product, textual instructions for complying with a skin care regimen, animations illustrating how to apply the skin care product, user information, messages (e.g., text messages delivered via a cloud service), notifications, and device information (e.g., battery status and network connectivity status)”, [0020]: “The smart containers described herein can include an electronic display that presents relevant information, such as the name of the skin care product, textual instructions for complying with a skin care regimen, animations illustrating how to apply the skin care product, user information, messages (e.g., text messages delivered via a cloud service), notifications, and device information (e.g., battery status and network connectivity status)”, [0051], and [0080]-[0081]: “For example, the smart container may receive details regarding a skin care product from the cosmetic service, details regarding a medication regimen from the medical service, and details regarding upcoming weather patterns from the weather service… the smart container receives or generates one or more recommendations for applying the skin care product to maintain compliance with the medication regimen”); receiving, by a controller the dermatology hospital terminal, the obtained user information from the mobile terminal (FIG. 7, [0013]: “FIG. 7 is a generalized flow diagram illustrating how data can flow from one or more sources to the smart container either directly or via a computing device (e.g., a mobile phone, tablet computer, or laptop computer) that is paired with (i.e., communicatively coupled to) the smart container”, [0023]: “The network-accessible interface is preferably accessible through a web browser, a software program, a mobile application, and/or an over-the-top (OTT) application”, and [0052]); acquiring, by the controller of the dermatology hospital terminal, first skin condition information indicating a skin condition of a user corresponding to the received user information (Fateh, [0034]: “Information uploaded by the user for transmittal may include descriptions of side effects experienced by the user, a list of other skin care products owned or used by the user, answers to questions previously posed by a cosmetic professional or medical professional, etc.” and [0035]); generating, by the controller of the dermatology hospital terminal, first treatment information and first skin post-treatment management information according to skin treatment performed based on the first skin condition information (Fateh, [0034]-[0035], [0044], [0047], [0049], and [0050]); transmitting, by the controller of the dermatology hospital terminal, the first treatment information and the first skin post-treatment management information to the skin care shop terminal (Fateh, [0034]: “For example, the electronic display 102 may allow the user to readily exchange information with a cloud-based service configured to provide recommendations regarding a skin care regimen, cosmetic professionals (e.g., beauty advisers, cosmeticians), cosmetic companies, medical professionals (e.g., dermatologists, nurses, pharmacists), medical entities (e.g., hospitals, pharmacies), etc. Information uploaded by the user for transmittal may include descriptions of side effects experienced by the user, a list of other skin care products owned or used by the user, answers to questions previously posed by a cosmetic professional or medical professional, etc.” and [0086]: “Responses can be delivered to the remote server or another computing device (e.g., a request to refill a prescription may be delivered directly to a pharmacy)”); performing, by a controller of the skin care shop terminal, post-treatment management according to the first skin post-treatment management information (Fateh, [0034], [0067]-[0068], [0070], and [0074]); acquiring, by the controller of the skin care shop terminal, skin care status information including second skin condition information of the user according to a result of performing the post-treatment management (Fateh, [0022], [0034], and [0086]); transmitting, by the controller of the skin care shop terminal, the skin care status information to the dermatology hospital terminal (Fateh, [0022], [0034], and [0086]); and transmitting, by the controller of the dermatology hospital terminal, an additional skin care notification to the mobile terminal based on the determination whether the additional skin care is necessary (Fateh, FIG. 6-9, [0034]: “For example, the electronic display 102 may allow the user to readily exchange information with a cloud-based service configured to provide recommendations regarding a skin care regimen, cosmetic professionals (e.g., beauty advisers, cosmeticians), cosmetic companies, medical professionals (e.g., dermatologists, nurses, pharmacists), medical entities (e.g., hospitals, pharmacies), etc. Information uploaded by the user for transmittal may include descriptions of side effects experienced by the user, a list of other skin care products owned or used by the user, answers to questions previously posed by a cosmetic professional or medical professional, etc.”, [0074]: “The smart home system 800 may be used to monitor whether a skin care product is applied by a user 804 in accordance with a regimen”, and [0086]: “Responses can be delivered to the remote server or another computing device (e.g., a request to refill a prescription may be delivered directly to a pharmacy)”).
Fateh does not teach storing, by the controller of the dermatology hospital terminal, the first treatment information and the first skin post-treatment management information with the user information.
However, Kusumoto teaches storing, by the controller of the dermatology hospital terminal, the first treatment information and the first skin post-treatment management information with the user information (Kusumoto, [0107]-[0108]: “the data management server may extract, in response to a request from the user client, two or more pieces of the measurement data and/or the analysis result data of different acquisition times from the measurement data and/or the analysis result data stored in the measurement data database as the history based on the acquisition times, and transmit the extracted data to the user client, and the user client may include a comparative display unit configured to display the measurement data and/or the analysis result data of the different acquisition times in order of acquisition times such that the data can be compared each other”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Fateh to incorporate the teachings of Kusumoto and account for analyzing the skin condition without going to cosmetics selling shops by transmitting data of the measurement result of the skin condition measuring device to a server of a vendor analyzing skin condition from the measurement result with use of the portable wireless terminal (Kusumoto, Abstract and [0002]-[0005]).
Fateh and Kusumoto do not teach determining, by the controller of the dermatology hospital terminal, whether the user needs additional skin care based on a comparison result between the first skin condition information and the second skin condition information.
However, Garruto teaches determining, by the controller of the dermatology hospital terminal, whether the user needs additional skin care based on a comparison result between the first skin condition information and the second skin condition information (Garruto, [0220]-[0223]: “Similar to pre-conditioning, post-treatment use can also be advantageously employed. A 2-week period is generally a minimum time satisfactory for post-treatment use, but in certain circumstances a shorter post-treatment use time can be employed. Accordingly, post-treatment use for at least the two-week period following a procedure, once the skin is sufficiently healed such that the topical formulation can be applied, can be advantageously employed, e.g., post-treatment for two weeks, three weeks, four weeks or more, e.g., 2-4 weeks. Daily post-treatment administration is desirable, e.g., administration at least once a day, e.g., 2, 3, 4, or more times a day. Twice daily administration, e.g., morning and evening, can conveniently be employed. In certain embodiments, less than once per day application can be acceptable, e.g., every other day or every three days, or twice weekly… maintenance treatment of indefinite duration can be desirable to promote skin health, skin repair, and/or optimal skin bed condition. For maintenance, it may be acceptable to administer less frequently than once a day, e.g., once a week, or once every two or three days; however, twice daily administration, e.g., morning and evening, can conveniently be employed… various combinations of one or more of pre-conditioning, post-treatment application, and maintenance treatment can be employed”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Fateh and Kusumoto to incorporate the teachings of Garruto and account for fast and effective skin regeneration or wound healing, to avoid prolonged periods of inflammation, skin sensitivity, scarring, bruising, dry skin, infection, and other unfortunate skin conditions (Garruto, Abstract and [0003]-[0004]).
Response to Arguments
Applicant's arguments filed 03/30/2026 have been fully considered but they are not persuasive. Regarding the 35 U.S.C 101, Applicant argues the amended independent claims do not recite an abstract idea because they recite a specific multi-terminal skin-care management architecture and workflow. Applicant further argues Examiner analyzed the claims at a high-level of generality. Examiner respectfully disagrees. The recitation of “mobile terminal”, “skincare shop terminal”, “dermatology shop terminal”, “processor”, “storage and a controller”, “skincare module”, etc. are additional elements and amount to computer tools. MPEP 2106.04(a)(2)(II) states “the sub-groupings encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the “certain methods of organizing human activity” grouping. It is noted that the number of people involved in the activity is not dispositive as to whether a claim limitation falls within this grouping”. Therefore, the steps of obtaining, receiving, acquiring, generating, storing, transmitting, performing, and determining are all capable of being performed by a person, persons, or person using computer tools (i.e., the additional elements). Therefore, the claims still recite an abstract idea.
Applicant further argues the claims as a whole integrate the alleged abstract idea into a practical application because they are directed to concrete technical solutions for coordinated information exchange and skin-condition assessment within a specific multi-terminal system. Examiner respectfully disagrees. The amendments contain additional elements (i.e., “mobile terminal”, “skincare shop terminal”, “dermatology shop terminal”, “processor”, “storage and a controller”, and “skincare module”) that are recited at a high level. For a claim to be eligible in Prong 2, MPEP 2106.04(d) states “Limitations the courts have found indicative that an additional element (or combination of elements) may have integrated the exception into a practical application include: An improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a); Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, as discussed in MPEP § 2106.04(d)(2); Implementing a judicial exception with, or using a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, as discussed in MPEP § 2106.05(b); Effecting a transformation or reduction of a particular article to a different state or thing, as discussed in MPEP § 2106.05(c); and Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception, as discussed in MPEP § 2106.05(e).” Since the additional elements are recited at a high level, the claims would fall under applying/linking the abstract idea to the additional elements (see MPEP 2106,04(d): “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); Adding insignificant extra-solution activity to the judicial exception, as discussed in MPEP § 2106.05(g); and Generally linking the use of a judicial exception to a particular technological environment or field of use, as discussed in MPEP § 2106.05(h)”.
Applicant also argues the recited storage at the dermatology hospital terminal, the transmission of treatment and post-treatment management information to the skin care shop terminal, the controller-based control of the skin care module to perform post-treatment management, the acquisition of skin care status information including second skin condition information, the return transmission of that information, and the comparison-based additional- care determination together define the concrete way in which any alleged abstract idea is applied in the claimed system and method. Thus, the additional elements are integral to the claimed implementation itself. Examiner respectfully disagrees. The claims and specification recitation of “storage at the dermatology hospital terminal, the transmission of treatment and post-treatment management information to the skin care shop terminal, the controller-based control of the skin care module to perform post-treatment management, the acquisition of skin care status information including second skin condition information, the return transmission of that information, and the comparison-based additional- care determination” are not technical improvements, but a business practice improvement. These limitations would also fall under the abstract idea and the abstract idea cannot integrate itself into a practical application. See MPEP 2106.05(f) recites “By way of example, in Intellectual Ventures I v. Capital One Fin. Corp., 850 F.3d 1332, 121 USPQ2d 1940 (Fed. Cir. 2017), the steps in the claims described “the creation of a dynamic document based upon ‘management record types’ and ‘primary record types.’” 850 F.3d at 1339-40; 121 USPQ2d at 1945-46. The claims were found to be directed to the abstract idea of “collecting, displaying, and manipulating data.” 850 F.3d at 1340; 121 USPQ2d at 1946. In addition to the abstract idea, the claims also recited the additional element of modifying the underlying XML document in response to modifications made in the dynamic document. 850 F.3d at 1342; 121 USPQ2d at 1947-48. Although the claims purported to modify the underlying XML document in response to modifications made in the dynamic document, nothing in the claims indicated what specific steps were undertaken other than merely using the abstract idea in the context of XML documents. The court thus held the claims ineligible, because the additional limitations provided only a result-oriented solution and lacked details as to how the computer performed the modifications, which was equivalent to the words “apply it”. 850 F.3d at 1341-42; 121 USPQ2d at 1947-48 (citing Electric Power Group., 830 F.3d at 1356, 1356, USPQ2d at 1743-44 (cautioning against claims “so result focused, so functional, as to effectively cover any solution to an identified problem”))”.
Applicant further argues the claims amount to significantly more. Examiner respectfully disagrees. As shown above the claims recite additional elements that are generalized and merely amount to apply the abstract idea to the additional elements. Therefore, the 35 U.S.C. 101 Rejection is maintained.
Applicant’s arguments with respect to the 35 U.S.C. 102 Rejection have been considered but are moot because the new ground of rejection to the amendments 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.
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/R.S.S./Examiner, Art Unit 3681
/PETER H CHOI/Supervisory Patent Examiner, Art Unit 3681
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