DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In response to amendment filed January 28, 2026, claims 1 and 4-5 are amended. Claims 2-3 and 6-10 are cancelled and new claims 11-12 are added. Claims 1, 4-5 and 11-12 are pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed January 28, 2026, with respect to the objections to the specification, drawings and claims have been fully considered and are persuasive in view of the amendments. The objection of the specification, drawings and claims has been withdrawn.
Applicant’s arguments, see Remarks, filed January 28, 2026, with respect to the double patenting rejection have been fully considered and are persuasive in view of the amendments. The double patenting rejection to claim 1 has been withdrawn.
Applicant’s arguments, see Remarks, filed January 28, 2026, with respect to the rejection(s) of claims 1-4, 7 and 9-10 under 35 U.S.C 102 and claims 5-6 and 8 under 35 U.S.C 103 has been fully considered and are persuasive in view of the amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Balooch (US 20180184796 A1; previously cited by applicant), Westmoreland (US 20120016231 A1) and Madden (US 20050033142 A1).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1, 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hyde (US 20150164407 A1; previously cited by applicant) in view of Balooch (US 20180184796 A1; previously cited by applicant), Westmoreland (US 20120016231 A1) and Madden (US 20050033142 A1).
With respect to claim 1, Hyde discloses a method implemented by a system (see paragraph 0030, system #100 implements method) that includes a device (see paragraph 0031 and Fig 1, grooming device #102) configured to treat hair of a user (see paragraph 0030, detects variation information of a scalp region such as a user’s hair which is part of a body), the device including, at least one sensor (see paragraph 0033, sensor array #110 includes a plurality of sensors #112) configured to sense a condition of the hair (see paragraph 0033, scalp topographic information and surface roughness of the scalp can be determined by the sensors #112; and see paragraph 0030, detects variation information of a scalp region such as a user’s hair which is part of a body); and a location tracker configured to track a location of the device in space (see paragraph 0064-0065, the system #100 includes an inertial navigation module #160 configured to determine the location of one or more spaced apart projections with respect to a scalp region location interpreted to include three dimensional positions), the method (see paragraph 0041, a module includes one or more processing devices such as a processor that carries out method) comprising:
receiving information of a specific sensed condition of the hair detected by the at least one sensor during a session (see paragraph 0096, scalp imaging module generates a spatial map of a scalp region by combining information received by the image sensor component obtained at different spatial locations during a grooming session), wherein the device is hair styling tool (see paragraph 0031 and Fig 1, grooming device #102 that engages hair), and wherein the at least one sensor comprises a […] sensor on the hair styling tool (see paragraph 0033, sensor array #110 includes a plurality of sensors #112 which are part of the device #102 seen in Fig. 2), and wherein the specific sensed condition is a damaged region of the hair (see paragraph 0033, scalp topographic information and surface roughness of the scalp can be determined by the sensors #112 which determines damaged regions) […];
receiving, from the location tracker, information of the tracked location of the device during the session (see paragraph 0096, scalp imaging module generates a spatial map of a scalp region by combining information received by the image sensor component obtained at different spatial locations where information of the tracked location is determined);
associating a specific time when the specific sensed condition is detected by the device with a location of the device in space at the specific time (see paragraph 0096, scalp imaging module generates a spatial map of a scalp region by combining information received by the image sensor component obtained at different spatial locations and it stores information associated with scalp images obtained at different times during grooming where a specific time is associated when the map is generated is determined), wherein the location of the device in space comprises 3D coordinate data (see paragraph 0064-0065, the system #100 includes an inertial navigation module #160 configured to determine the location of one or more spaced apart projections with respect to a scalp region location interpreted to include three dimensional positions as #160 includes gyroscopes which provides data in three directions).
Hyde further discloses associating an area of interest with a location of a device in space at a specific time (see paragraph 0043: grooming device inertial information may be used to determine position of sensed skin lesion; and see paragraph 0096, scalp imaging module generates a spatial map of a scalp region by combining information received by the image sensor component obtained at different spatial locations and it stores information associated with scalp images obtained at different times during grooming where a specific time is associated when the map is generated is determined)
Hyde does not specifically disclose the sensed condition is based on a sensed dryness level of the body part. Hyde further does not specifically disclose wherein the at least one sensor comprises a moisture sensor. Hyde further does not disclose triggering an extraction of an area of interest based on the sensed dryness level of the hair; mapping the area of interest to a mapped location on a 3D virtual user image based on the association of the area of interest to the location of the device in space; and displaying an indicator of the area of interest at the mapped location on the 3D virtual user image.
Balooch teaches a sensed condition based on a sensed dryness level of the body part (see paragraph 0091, sensing circuitry #209 detects the dryness of the user’s hair which is part of a scalp of a user). Balooch further teaches a moisture sensor (see paragraph 0092, moisture sensing circuitry #211 that relies on a hall-effect sensor that detects changes in magnetic field such as changes being sensitive to a moisture level; and see paragraph 0046, hair moisture level to differentiate physical hair characteristic when wet or dry is measured by humidity sensor).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor disclosed by Hyde with the teachings of Balooch to detect a dryness level and moisture because it would have resulted in the predictable result of conducting a dryness assessment (Balooch: [0045]-[0046]) to determine the condition of hair (Balooch: [0045]-[0046]).
Hyde and Balooch do not specifically teach triggering an extraction of an area of interest based on the sensed dryness level of the hair; mapping the area of interest to a mapped location on a 3D virtual user image based on the association of the area of interest to the location of the device in space; and displaying an indicator of the area of interest at the mapped location on the 3D virtual user image.
Westmoreland teaches triggering an extraction of an area of interest based on a sensed dryness level of the hair (see 0047: image sensor images one or more hairs and image processing module generates a 3D surface map of the hair surface where a hair feature detection module then detects features of the hair such as hydration from the 3D surface area and extracts the points for such features for further analysis).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hyde and Balooch with the teachings of Westmoreland to extract an area of interest based on a dryness level because it would have resulted in the predictable result of ascertaining the damage to hair based on the hydration level and other features analyzed (Westmoreland: [0047]-[0048]).
Hyde, Balooch and Westmoreland do not teach mapping the area of interest to a mapped location on a 3D virtual user image based on the association of the area of interest to the location of the device in space and displaying an indicator of the area of interest at the mapped location on the 3D virtual user image.
Madden teaches mapping an area of interest to a mapped location on a 3D virtual user image (see paragraph 0037-0040: registers biological images to a 3D body model) and displaying an indicator of the area of interest at the mapped location on the 3D virtual user image (see paragraph 0037-0040: superimposes lesion imagery or supplies an indexed link on a 3D body representation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hyde, Balooch and Westmoreland with the teachings of Madden to have mapped an area of interest and display and indicator of that area of interest because it would have resulted in the predictable result of more accurately illustrating vascular and other anomalies associated with various disease processes of a patient utilizing a three-dimensional representation (Madden: [0036]).
With respect to claim 4, all limitations of claim 1 apply in which Hyde further discloses the specific sensed condition is based on at least one sensed image of the hair (see paragraph 0096, scalp imaging module generates a spatial map of a scalp region by combining information received by the image sensor component obtained at different spatial locations during a grooming session which means the sensed conditioned is determined by the image of the scalp).
With respect to claim 11, all limitations of claim 1 apply in which Westmoreland further teaches based on the area of interest, generating a digital recipe configured to guide treatment of the user’s hair with the hair styling tool to prevent further damage in the damaged region of hair (see paragraph 0024-0025: treatment analysis module processes the detected/analyzes features and determines various hair treatments and procedures).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hyde in view of Balooch, Westmoreland and Madden as applied to claim 1 above, and further in view of Samain (US 20190350346 A1; previously cited by applicant).
With respect to claim 5, all limitations of claim 1 apply in which Hyde, Balooch, Westmoreland and Madden do not teach the specific sensed condition is based on a sensed sound when the device contacts the hair.
Samain teaches a sensed condition is based on a sensed sound when a device contacts the body part (see paragraph 0197, sensors measure characteristics of the head with a comb which has a microphone which senses the state of the head of hair).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor disclosed by Hyde with the teachings of Samain to include a microphone because it would have resulted in the predicable result of conveying a signal as a sound (Samain: see paragraph 0197) representing a sensed condition prior to treatment (Samain: see paragraph 0197).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hyde in view of Balooch, Westmoreland and Madden as applied to claim 11 above, and further in view of Goldman (US 20180027940 A1).
With respect to claim 12, all limitations of claim 11 apply in which Hyde, Balooch, Westmoreland and Madden do not teach wherein the hair styling tool comprises a hair dryer, the method further comprising controlling temperature, shape, or speed of airflow from the hair dryer based on the digital recipe.
Goldman teaches a hair styling tool which comprises a hair dryer (see paragraph 0012, 0074 and Fig. 2: dryer is a hair drying and styling apparatus with sensors and controls) and further teaches controlling temperature and speed of airflow from the hair dryer based on a digital recipe (see paragraph 0024, 0030-0031, 0074, 0081-0085: stored user hair profile is used to tailor dyer behavior where the heating and fan speed is controlled in response to sensed conditions and user hair profile).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hyde, Balooch, Westmoreland and Madden with the teachings of Goldman to have utilized a hair dryer which changes temperature and speed based on a protocol because it would have resulted in the predictable result of fine tuning dryer settings for heat and airflow to customize behavior for a customer (Goldman: see [0085]) for specific treatments based on user profile.
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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/N.N.P./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
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