Patent

Date

December 20, 2021

Right

Case

2021 (Gyo-Ke) 10052

Court

Intellectual Property High
Court, Fourth Division

number- A case in which the court ruled that the particular matters of the invention of the"Invention" related to an application include the solution of a problem exclusively bya mental activity of a human being, and the Invention cannot be said to be a "creationof technical ideas utilizing the laws of nature," and therefore that the Invention does
not fall under the "invention" as set forth in Article 2, paragraph (1) of the Patent Act.
Case type: Case of seeking rescission of the JPO decision
Result: Dismissed
References: Article 2, paragraph (1) of the Patent Act
Related rights, etc.: Patent Application No. 2019-160189, Appeal against Examiner's
Decision of Refusal No. 2020-12930
Summary of the Judgment
1. Outline of the case
The Plaintiff filed a patent application (Patent Application No. 2019-160189) for an
invention titled "Analysis method of haircut techniques"; however, the Japan Patent
Office (hereinafter referred to as the "JPO") refused the application. Therefore, thePlaintiff claimed an appeal against the examiner's decision of refusal (Appeal against
Examiner's Decision of Refusal No. 2020-12930) and made an amendment to the claims
and statements in the description (hereinafter referred to as the "Amendment"). The JPO
approved the Amendment but made the decision that "the claim for the appeal inquestion is groundless" (hereinafter referred to as the "JPO Decision").
This is a case where the Plaintiff sought rescission of the JPO Decision against the
Defendant.
2. In this judgment, the court explained as follows and dismissed the claim of thePlaintiff.
(1) The claims after the Amendment consist of Claims 1 through 9 and the statement ofClaim 1 is as follows (hereinafter Claim 1 after the Amendment is referred to as the"Amended Invention in the Application").
[Claim 1]
An analysis method for haircut techniques that is used for the section selected in thesecond step of the following four steps:
the first step of estimating a naturally-dried, natural, straight hairstyle from the frontiview, side view, and back view based on photographs, images, illustrations, or drawingsof the person subject to the analysis; (hereinafter referred to as the "analysis subject");the second step of selecting a section subject to the analysis from multiple sections;the third step of conducting analysis for the section selected in the second step basedon the naturally-dried, natural, straight hairstyle that was estimated in the first step ,with regard to at least one of the following analysis items that fits the selected section:
A. Analysis of outline shape and expression;
B. Analysis of cut line;
C. Analysis of the position to add volume and the volume line;
D. Analysis of silhouette shape and expression;
E. Analysis of the position and presence of a part;F. Analysis of section width or shape; and/or
G. Analysis of how face line and sections are connected or how sections areconnected with each other;and of obtaining analysis results;
and the fourth step of deriving information related to the aforementioned haircut
technique from the aforementioned analysis results.
(2) Considering all steps together, the first step through the fourth step of the Amended
Invention in the Application include the estimation of a naturally-dried hairstyle by theuse of knowledge, etc. of hair (the first step), selection of the area on the head subject
to the analysis (the second step), classification of the hairstyle of the analysis subject
that was estimated by the analyst from the analysis items that fits the section (the thirdstep), and derivation of an analysis for the haircut technique corresponding to theclassification that are all conducted by the analyst in his/her mind. Even if the laws ofnature are included in knowledge and experience related to hair that are used in theanalysis process conducted in the mind of the analyst, solving the problem only througha mental activity of a human being is included in the particular matters of the invention,and it cannot be said to be "a creation of technical ideas utilizing the laws of nature."
Therefore, the first step through the fourth step of the Amended Invention in the
Application do not fall under the "invention" as set forth in Article 2, paragraph (1) of
the Patent Act.

ii

Judgment rendered on December 20, 2021
2021 (Gyo-Ke) 10052, Case of seeking rescission of the JPO decision
Date of conclusion of oral argument: November 25, 2021
Judgment
Plaintiff: Tomy's star Co., Ltd.

Defendant: Commissioner of the Japan Patent Office

Main text
1. The claim of the Plaintiff shall be dismissed.
2. The Plaintiff shall bear the court costs.
Facts and reasonsNo. 1 Claim
The decision made by the Japan Patent Office (hereinafter referred to as the "JPO")
on February 25, 2021, concerning the case of Appeal against Examiner's Decision of
Refusal No. 2020-12930 shall be rescinded.
No. 2 Outline of the case
1. Outline of procedures at the JPO (There are no disputes between the parties.)(1) The Plaintiff filed a patent application (Patent Application No. 2019 -160189;
hereinafter referred to as the "Application") for an invention titled "Analysis method of
haircut techniques" on September 3, 2019.
(2) The Plaintiff received a notice of grounds for refusal dated December 10, 2019 andmade an amendment to the claims and statements in the description dated January 31,
2020; however, the amendment was refused on June 5, 2020.
(3) The Plaintiff filed an appeal against the examiner's decision of refusal (Appeal
against Examiner's Decision of Refusal No. 2020-12930) dated September 15, 2020,and made an amendment to the claims and statements in the description (hereinafterreferred to as the "Amendment") on said date.
The JPO approved the Amendment but made the decision that "the claim for theappeal is groundless" (hereinafter referred to as the "JPO Decision") on February 25,
2021 and delivered a certified copy of the decision to the Plaintiff on March 16, 2021.
(4) The Plaintiff filed this lawsuit to seek rescission of the JPO Decision on April 14,1

2021.
2. Statement of the claims
The claims after the Amendment consist of Claims 1 through 9 and the statement ofClaim 1 is as follows (hereinafter Claim 1 after the Amendment is referred to as the"Amended Invention in the Application").
[Claim 1]
An analysis method of haircut techniques that is used for the section selected in thesecond step of the following four steps:
the first step of estimating a naturally-dried, natural, straight hairstyle from the front
view, side view, and back view based on photographs, images, illustrations, or drawingsof the person subject to the analysis (hereinafter referred to as the "analysis subject");the second step of selecting a section subject to the analysis from multiple sections;the third step of conducting analysis for the section selected in the second step basedon the naturally-dried, natural, straight hairstyle that was estimated in the first step,with regard to at least one of the following analysis items that fits the selected section:
A. Analysis of outline shape and expression;
B. Analysis of cut line;
C. Analysis of the position to add volume and the volume line;
D. Analysis of silhouette shape and expression;
E. Analysis of the position and presence of a part;F. Analysis of section width or shape; and/or
G. Analysis of how face line and sections are connected or how sections areconnected with each other;and of obtaining analysis results;
and the fourth step of deriving information related to the aforementioned haircut
technique from the aforementioned analysis results.
3. Summary of the JPO Decision(1) A. The first step
According to [0026] through [0037] and Figure 1 through Figure 3 in the description
attached to the application form of the Application (hereinafter, including drawings,
referred to as the "Description in the Application"), "the first step" in the Amended
Invention in the Application corresponds to "preliminary analysis" as stated in the
Description in the Application and, in "the first step," an analyst estimates the "front
silhouette line of naturally-dried, natural, straight hairstyle" based on "photographs,
images, illustrations, or drawings of the front view of the analysis subject," the "sidesilhouette line of naturally-dried, natural, straight hairstyle" based on "photographs,
2

images, illustrations, or drawings of side view of the analysis subject," and the "backsilhouette line of naturally-dried, natural, straight hairstyle" based on the "photographs,
images, illustrations, or drawings of back view of the analysis subject." If a person is
involved in beauty care, it may be easy for him/her to estimate an approximate positionof a silhouette line of a naturally-dried, natural, straight hairstyle even based on
photographs of permed hair. The Description in the Application states that if ear
positions, ear side marks, and a vertex, etc. are drawn in addition when estimating eachsilhouette line, the silhouette line can be estimated more correctly; however, theseauxiliary additions are not essential and the silhouette line can be estimated easily if
the person is involved in beauty care.
Therefore, "the first step" in the Amended Invention in the Application specified
that an analyst estimates a "naturally-dried, natural, straight hairstyle from the front
view, side view, and back view" in his/her own mind by actually viewing "photographs,
images, illustrations, or drawings of front view, side view, and back view of the analysis
subject" with his/her own eyes and "the first step" is an estimation based on therecognition through human vision and the results thereof and is a mental activity of ahuman being. Therefore, it does not use the laws of nature.
B. The second step
According to [0018], [0040], [0041], [0044], [0047], [0049], [0057], [0078], and[0105] in the Description in the Application, in the second step, an analyst divides theentire head area of the analysis subject into sections by the simplicity orcomplicatedness, etc. of the hairstyle of the analysis subject based on the estimatednaturally-dried, natural, straight hairstyle of the analysis subject and selects the headarea subject to an analysis of the haircut technique. Therefore, the second step is amental activity of an analyst, a human being, and does not use the laws of nature.
C. The third stepIf "back side section and back center section below the ear top" are selected in thesecond step, the analysis item that fits these sections is "A. Analysis of outline shapeand expression" ([0023]). According to the statements on the analysis for the anal ysis
item of these sections ([0041], [0042], Figure 4), in the third step, an analyst classifies
the naturally-dried, natural, straight hairstyle that was estimated in the first step for thesection selected in the second step into types based on the analysis item that fits theselected section. It is a mental activity of an analyst, a human being, and does not use
the laws of nature.
D. The fourth step
The fourth step is to derive information on haircut technique from the analysis
3results obtained in the third step. According to the statements on the fourth step
concerning the analysis results of the "back side section and back center section below
the ear top" mentioned in C. above ([0024], [0043]), in the fourth step, the haircut
technique is adapted to the combination of types classified in the third step and thereby
the haircut technique used for the section selected in the second step can be derived.
Consequently, the fourth step is the mental activity of an analyst, a human being,
wherein the analyst estimates the adopted haircut technique based on the type classified
in the third step, and does not use the laws of nature.
(2) Summary of patentability of the Amended Invention in the Application
As mentioned above, all steps from the first step through the fourth step are themental activities of a human being and the "analysis method of haircut techniques" in
the Amended Invention in the Application that consists of the first step through thefourth step is a mental activity of a human being and does not use the laws of nature.
Consequently, the Amended Invention in the Application does not fall under an"invention" as defined in Article 2 of the Patent Act and does not fall under "aninvention with industrial applicability" as set forth in the main sentence of Article 29,
paragraph (1) of the same Act, and therefore it cannot be patented.
4. Grounds for rescission
Patentability of the Amended Invention in the Application(omitted)
No. 4 Judgment of this court
1. There are statements in the Description in the Application (Exhibit Ko 1) as shownin the Attachment and, according to the statements, the following matters are disclosed
concerning the Amended Invention in the Application.
(1) The "Invention" is related to a method to analyze a haircut technique that is used in
the hairstyle of the analysis subject ([0001]).
In beauty salons, a customer sometimes brings a photograph and says, "Pleasearrange my hair to look like this hairstyle," or the like. Inexperienced beauticians often
do not know the right haircut technique for the hairstyle that the customer desires. Morethan 200 million hairstyles can be created by dividing hairstyles into bangs, top section,and other sections and by determining the haircut technique to be used for each section.
Therefore, it is not easy for inexperienced beauticians and students to create hairstyles
as shown in photographs. Since there was no systematic learning method or analysis
method based on hairstyle design logic, it took time to train beauticians. F urthermore,4

no attempts had been made to estimate and analyze a naturally-dried, natural, straighthairstyle based on photographs. Experienced beauticians only derive haircut techniques
based on their experience of various hairstyles that they have learned. Therefore, it was
not easy for inexperienced beauticians to derive haircut techniques based on
photographs ([0003], [0004], [0006], and [0007]).
(2) The "Invention" aims to analyze front view photographs, side view photographs,
and back view photographs of the hairstyle of the analysis subject and to provide ananalysis method of haircut techniques that is used for the analysis subject. The Invention
solved the problem mentioned in (1) above by making it an analysis method of haircut
techniques that is used for the section selected in the second step of the following four
steps: the first step of estimating a naturally-dried, natural, straight hairstyle from thefront view, side view, and back view based on photographs, images, illustrations, ordrawings of the analysis subject; the second step of selecting a section subject to theanalysis from multiple sections; the third step of conducting analysis for the section
selected above based on the naturally-dried, natural, straight hairstyle estimated above,with regard to at least one of the following analysis items that fits the selected section:"A. Analysis of outline shape and expression," "B. Analysis of cut line," "C. Analysisof the position to add volume and the volume line," "D. Analysis of silhouette shapeand expression," "E. Analysis of the position and presence of a part," "F. Analysis ofsection width or shape," and/or "G. Analysis of how face line and sections are connectedor how sections are connected with each other," and obtaining analysis results, and thefourth step of deriving information related to the aforementioned haircut technique fromthe aforementioned analysis results ([0009] and [0010]).
(3) An analysis of the haircut technique that is used based on photographs, illustrations,or drawings of the analysis subject can be conducted thanks to the "Invention." Theaforementioned analysis method of the haircut technique is systematized and therefore
enables even students and inexperienced beauticians to easily analyze haircut
techniques ([0011]).
2. Meaning of the "invention" as set forth in Article 2, paragraph (1) of the Patent Act
The patent system grants an exclusive right, or patent right, to a person who
discloses a new technology, or invention, for a specific period under specifi ed
conditions in compensation for the disclosure, while on the other hand, the system
grants the opportunity to use the disclosed invention to a third party. The Patent Act
aims to encourage inventions through promoting the protection and utilization of
inventions, and thereby contribute to the development of industry (Article 1 of the
Patent Act). In addition, the "invention" that is subject to a patent means "a highly5

advanced creation of technical ideas utilizing the laws of nature" (Article 2, paragraph(1) of the same Act) and is achieved through the following steps: establishment ofspecific technical problems; adopting a technical means for solving the problems; andconfirming the effects of achieving the expected purpose by the relevant technicalmeans.
Then, whether the invention, for which the patent stated in the claim is sought, canbe found to fall under an "invention" as specified in Article 2, paragraph (1) of the same
Act should be determined by considering whether the invention as a whole falls undera "creation of technical ideas utilizing the laws of nature" in light of the technicalproblems that are the premises of the invention, the structure of technical means forsolving the problems, and the technical meaning of the effects, etc. derived from thestructure.
As mentioned above, since the "invention" is "a creation of technical ideas utilizing
the laws of nature," a simple mental activity of a human being, decision-making,abstract ideas, and human-made regulations cannot be called the laws of nature and nor
do they use the laws of nature, and therefore they cannot be immediately considered tobe creations that "use the laws of nature."
Consequently, even if any technical means are presented in the invention stated in
the claim for which a patent is sought, in cases where the technical means are considered
to be exclusively used for a mental activity of a human being, decision-making, abstract
ideas, or human-made regulations upon solving the problems and it is impossible to saythat "the laws of nature are used," as a result of consideration of the technical means as
a whole in light of the technical meaning, it cannot be said that the invention falls underthe "invention" as set forth in Article 2, paragraph (1) of the Patent Act.
The following matters are determined based on the above assumption.
3. "Patentability" of the Amended Invention in the Application(1) "Analyst" in the analysis method of the haircut technique in the Amended Invention
in the Application
As mentioned in No. 2, 2. above, the Amended Invention in the Application is aninvention of an analysis method of the haircut technique that is used for the section
selected in the second step of the following four steps: "the first step of estimating anaturally-dried, natural, straight hairstyle from the front view, side view, and back view
based on photographs, images, illustrations, or drawings of the analysis subject," "thesecond step of selecting a section subject to the analysis from multiple sections," "thethird step of conducting analysis for the section selected in the second step based on thenaturally-dried, natural, straight hairstyle that was estimated in the first step, with6

regard to at least one of the following analysis items that fits the selected section: 'A.
Analysis of outline shape and expression,' 'B. Analysis of cut line,' 'C. Analysis of theposition to add volume and the volume line,' 'D. Analysis of silhouette shape andexpression,' 'E. Analysis of the position and presence of a part,' 'F. Analysis of section
width or shape,' and/or 'G. Analysis of how face line and sections are connected or how
sections are connected with each other,' and obtaining analysis results," and "the fourth
step of deriving information related to the aforementioned haircut technique from theaforementioned analysis results."
As mentioned above, the Amended Invention in the Application is a method toanalyze the haircut technique that is used for a specific section by following the firststep through the fourth step in sequence. The actor of the analysis is not specified in theparticular matters of the invention of the Amended Invention in the Application, andtherefore it does not eliminate a human being from conducting the analysis. For
reference, Embodiment Example 1 in the Description in the Application ([0026] through[0120]) states that "An analyst estimates a naturally-dried, natural, straight hairstyleand starts analysis. If a person is involved in beauty care, it may be easy for him/her toestimate an approximate position of a silhouette line of a naturally-dried, natural,
straight hairstyle even based on photographs of permed hair. The following analysis of
the embodiment example is conducted by using the naturally-dried, natural, straighthairstyle that is estimated by an analyst if not otherwise specified." ([0026]) and it canbe said that it is assumed that a human being conducts such analysis.
(2) "The first step"
A. As mentioned above, in the first step, the particular matters of the invention are"estimating a naturally-dried, natural, straight hairstyle from the front view, side view,and back view based on photographs, images, illustrations, or drawings of the analysis
subject." As mentioned in (1) above, it is not eliminated that a human being carr ies out
the first step and it does not specify that an analyst "estimates" a "naturally-dried,natural, straight hairstyle from the front view, side view, and back view based on
photographs, images, illustrations, or drawings" of the analysis subject by us ing a
specific technical means.
Next, looking at the statement in the Description in the Application, based on thestatement concerning the first step that "Before starting analysis for which the subjects
are the outline, front silhouette, back silhouette, and inside silhouette (hereinafterreferred to as "Analysis"), preliminary analysis is conducted for front photographs, side
photographs, and back photographs of the analysis subject. In cases of photographs ofpermed hair, an analyst does not analyze the photographed hairstyle itself, but estimates7

a hairstyle from which the perm was removed and that became naturally-dried, natural,and straight, and then starts analysis." ([0026]), the first step falls under the preliminary
analysis before starting the Analysis. It is disclosed to estimate a "silhouette line" of anaturally-dried, natural hairstyle by drawing the ear positions, ear side marks, andvertex, etc. on the photographs and by referring to these positions in [0027], [0028],[0035], and [0036]. There is also a statement that "If a person is involved in beauty care,it may be easy for him/her to estimate an approximate position of a silhouette line of anaturally-dried, natural, straight hairstyle even based on photographs of permed hair."([0026]). Based on these statements, since these auxiliary means are not essential andthe Amended Invention in the Application does not specify the means of estimation, it
can be said that an analyst estimates a naturally-dried hairstyle by looking at
photographs, etc. of the analysis subject based on the analyst's knowledge andexperience related to hair.
Then, the particular matters of the invention of the Amended Invention in the
Application include that an analyst, a human being, estimates a naturally-dried hairstylein the mind of the analyst by looking at photographs of the front view, side view, andback view of the analysis subject based on the analyst's knowledge and experience
related to hair. Even if the laws of nature are included in the knowledge and experience
related to hair that are used in the process of analysis conducted in the mind of theanalyst, since the first step including the aforementioned estimation is a step to becompleted in the mind of the analyst, it is a mental activity of the analyst and it cannot
be said that it uses the laws of nature.
B. (A) On the other hand, the Plaintiff alleged that, as stated in No. 3, 1. (1) A. (A)above, the first step in the Amended Invention in the Application aims to eliminate
unnecessary information (curls, waves, etc.) that hinders analysis in the second step andsubsequent steps; it is purely a natural scientific purpose; the estimation of a naturallydried hairstyle that is made for that purpose is a physical process to restore physicalwaves and curls in the hair by using a vertex and other biological characteristics; and it
uses the laws of nature even if the process is carried out by a human being.
However, as mentioned in A. above, the Amended Invention in the Application does
not specify to estimate a naturally-dried hairstyle based on photographs, etc. of theanalysis subject by using a specific technical means. Even if it uses a vertex, etc. andother biological characteristics, it only uses "knowledge" related to the laws of naturein the mind of the analyst and it is completed as a mental activity of an analyst, a humanbeing. In addition, the estimation does not exert any physical action on the external
environment of the analyst but is directed only towards a mental activity of a huma n
8being. Therefore, since it cannot be said that the first step "uses the laws of nature,"such as the laws of physics, etc., the aforementioned allegation of the Plaintiff isgroundless.
The Plaintiff alleged, as mentioned in No. 3, 1. (1) A. (A) above, that the naturallydried hairstyle that corresponds to the hairstyle of the analysis subject is defined to be
one and it is physically verifiable whether it becomes the hairstyle of the analysis
subject by cutting the hair of a manikin head into the estimated naturally-dried hairstyleand by providing curls and waves. However, even if it is the case, as mentioned in A.
above, since the Amended Invention in the Application includes an estimation of anaturally-dried hairstyle in the mind of the analyst and the estimation is a mental
activity of a human being, and does not use the laws of nature, the fact that the results
obtained from the mental activity of a human being are verifiable does not have an
impact on the aforementioned determination.
(B) The Plaintiff also alleged that, as mentioned in No. 3, 1. (1) B. above, since it isstated in the Description in the Application that the first step can be automated almost
completely by automatically extracting data similar to the hairstyle of the analysis
subject from the database and can be computerized completely, in light of the technicallevel at the time, the JPO Decision which determined that the first step is a mental
activity of a human being itself is incorrect. However, as mentioned in A. above, since
the particular matters of the invention of the Amended Invention in the Application
include that an analyst estimates a naturally-dried hairstyle in the mind of the analyst
by looking at photographs of front view, side view, and back view of the analysis subject
based on the analyst's knowledge and experience related to hair, even if it is disclosed
in the Description in the Application that the first step can be automated orcomputerized, it does not have any impact on the aforementioned determination.
(3) The second step through the fourth stepA. (A) The second step is the particular matters of the invention of "selecting a section
subject to the analysis from multiple sections." The Description in the Application has
statements concerning the second step that "the degree of dividing the section can beappropriately determined based on the estimated naturally-dried, natural, straighthairstyle and the following sectioning in the embodiment example only demonstrates
one example." ([0018]) and that "the section may be divided into smaller sections
depending on the complexity of the hairstyle of the analysis subject and sections may
be divided more roughly if the hairstyle is simple." ([0040]). These statements meanthat an analyst appropriately divides sections depending on the "naturally-dried, natural,
straight hairstyle" of the analysis subject that was estimated in the first step and selects9the area on the head for which the haircut technique is analyzed in the second step.
Then, it is not eliminated that an analyst, a human being, performs each step of theAmended Invention in the Application and, as mentioned above, in the second step,
analysis is conducted based on the naturally-dried hairstyle that is estimated in the firststep. As mentioned above, the particular matters of the invention include the first step
wherein an analyst, a human being, estimates a naturally-dried hairstyle in his/her mind
by looking at photographs of the front view, side view, and back view of the analysis
subject based on his/her knowledge and experience related to hair. Therefore, it meansthat the second step also includes selecting an area on the head to be analyzed in themind of the analyst, a human being, and it can be said that the selection is a mental
activity of a human being itself and does not use the laws of nature.
(B) The third step is the particular matters of the invention of "conducting analysis forthe section selected in the second step based on the naturally-dried, natural, straighthairstyle that was estimated in the first step," "with regard to at least one analysis itemthat fits the selected section" from analysis items "and obtaining analysis results." Inother words, the third step is a step of conducting analysis for the section selected in
the second step based on the naturally-dried, natural, straight hairstyle that wasestimated in the first step, with regard to an analysis item that fits the section. In the
Description in the Application, there is a statement on the example of an "outline
analysis for the back side section and back center section below the ear top" ([0041])
in the analysis of the haircut technique where the subject for the analysis is an outline([0040]). In this example, it is disclosed that the third step is a step of classifying theform and expression of the lower outline of the naturally-dried hairstyle that wasestimated based on the back view photograph of the analysis subject with regard to theanalysis item of "A. Analysis of outline shape and expression" ([0041] and [0042]).
However, as mentioned above, the first step and the second step include estimatinga naturally-dried hairstyle in the mind of an analyst, a human being, and selecting thearea on the head subject to the analysis and the third step includes, on the assumptionof these steps, that an analyst, a human being, classifies the naturally-dried hairstyle of
the analysis subject that was estimated by the analyst, among the analysis items that fit
the section selected in the second step, based on the knowledge and experience related
to hair, in the mind of the analyst, a human being. Therefore, the third step is also amental activity of a human being itself and it cannot be said that the step uses the lawsof nature.
(C) Next, the fourth step is the particular matters of the invention of "deriving
information related to the aforementioned haircut technique" based on the analysis
10results in the third step. In the Descriptions in the Application, there is a statement
related to the example of an "outline analysis for the back side section and back cente r
section below the ear top" ([0041]) in the analysis of haircut technique where the subject
for the analysis is an outline ([0040]). In this example, it is disclosed that informationon hair-cut technique corresponding to each type is derived based on the expression andshape of the lower outline that is classified respectively in the third step ([0043]).
However, as mentioned above, the first step through the third step include
estimating a naturally-dried hairstyle in the mind of an analyst, a human being, selecting
the area on the head that is subject to the analysis and classifying the naturally-driedhairstyle of the analysis subject that was estimated by the analyst, among the analysis
items that fit the section in the mind of a human being. Therefore, the analysis of haircut
technique by an analyst, a human being, by using knowledge related to haircut
techniques corresponding to the type of the estimated naturally-dried hairstyle based on
the analysis items is a mental activity of an analyst, a human being, itself and it cannot
be said that the step uses the laws of nature.
B. On the contrary, the Plaintiff alleged that, as mentioned in No. 3, 1. (2) A. above,
analysis in the second step through the fourth step uses the fact that the characteristics
of a naturally-dried hairstyle correspond to haircut technique one-to-one and derives
the haircut technique that led the results of naturally-dried hairstyle based on thephysical characteristics of the analysis items of the Amended Invention in the
Application; and analysis results obtained from the second step through the fourth step
are verifiable by using a manikin head for haircut training, and therefore the analysis
uses the laws of nature.
However, as long as the Amended Invention in the Application includes theestimation of a naturally-dried hairstyle of the analysis subject (the first step), theestimation of the section subject to the analysis (the second step), the classification of
the estimated naturally-dried hairstyle for the selected section based on the analysis
items (the third step), and analysis of haircut technique corresponding to the haircut
technique for the classification (the fourth step) that are all conducted by an analyst, ahuman being, in his/her mind by using the knowledge, experience, etc. related to hair,these processes constitute a mental activity of a human being, and the fact that theanalysis results are verifiable by using a manikin head for haircut training does not havean impact on the aforementioned determination, in the same manner as in the case of(2) B. (A) above.
The Plaintiff alleges, as mentioned in No. 3, 1. (2) B. above, that it is disclosed in
the Description in the Application that the characteristics to be analyzed, including
11

preliminary analysis, can be databased and computerized completely, and therefore the
JPO Decision is incorrect in that it ruled that the Amended Invention in the Application
as a whole is not an invention that uses the laws of nature on the assumption that thesecond step through the fourth step are performed by a human being. However, as
mentioned in (1) above, it is repeatedly explained that, in the Amended Invention in the
Application, it is not eliminated that a human being conducts the analysis and theimplementation of analysis by a human being in accordance with these steps is a mental
activity of a human being itself. Therefore, the aforementioned allegation is groundless.
(4) Summary
Based on the above, and considering all steps together, the first step through thefourth step of the Amended Invention in the Application include the estimation of anaturally-dried hairstyle by the use of the knowledge, etc. of hair (the first step),
selection of the area on the head subject to the analysis (the second step), classificationof the hairstyle of the analysis subject that was estimated by the analyst from theanalysis items that fit the section (the third step), and derivation of an analysis of thehaircut technique corresponding to the classification that are all conducted by the
analyst in his/her mind. Even if the laws of nature are included in knowledge andexperience related to hair that are used in the analysis process conducted in the mind of
the analyst, solving the problem found in 1. (1) above only through a mental activity ofa human being is included in the particular matters of the invention, and it cannot be
said to be "a creation of technical ideas utilizing the laws of nature." Therefore, the firststep through the fourth step of the Amended Invention in the Application do not fallunder the "invention" as set forth in Article 2, paragraph (1) of the Patent Act.
4. Conclusion
Consequently, without the need to make determinations on other points, it cannot
be said that the Amended Invention in the Application falls under the "invention" as set
forth in Article 2, paragraph (1) of the Patent Act; there is no error in the JPO Decisionthat made the same decision as above; therefore, the claim of the Plaintiff should bedismissed.
Consequently, the judgment is rendered as indicated in the main text.
Intellectual Property High Court, Fourth Division
Presiding judge: KANNO Masayuki
Judge: NAKAMURA Kyo
Judge: OKAYAMA Tadahiro

12(Attachment)[Detailed explanation of the invention][Technical field][0001]The Invention is related to the method to analyze a haircut technique that is used in
the hair style of the analysis subject.
[Background art]
[0002]
Beautician schools teach students haircut techniques to be used for creating multiple
representative hairstyles. However, they teach only parts of countless hairstyles. After
graduation, beauticians learn haircut techniques to create various hairstyles from theirsenior colleagues while working at beauty salons and improving their skills so that they
can apply their obtained technique.
[0003]In beauty salons, a customer sometimes brings a photograph and says, "Pleasearrange my hair to look like this hairstyle," or the like. Inexperienced beauticians often
do not know the right haircut technique for the hairstyle that the customer desires.
[0004]
More than 200 million hairstyles can be created by dividing hairstyles into bangs,
top section, and other sections and by determining the haircut technique to be used foreach section. Therefore, it is not easy for inexperienced beauticians and students tocreate hairstyles as shown in photographs.
Since there was no systematic learning method or analysis method based onhairstyle design logic, it took time to train beauticians.
[0005]As stated in Patent Document 1, a method to design hairstyles using figures andcodes on a development diagram has been proposed; however, it does not disclose any
method for creating the development diagram based on photographs brought in bycustomers. In addition, Patent Document 1 has a statement about haircut tech niques,but there are no statements on which haircut technique is actually used for each hairstyle,and indicated haircut techniques can only create hairstyles as shown in already createddevelopment diagrams.
[0006]In addition, analysis by estimating a naturally-dried, natural, straight hairstyle basedon a photograph had not been tried.
[0007]
13

Experienced beauticians derive haircut techniques based on their past experiencethrough which they have learned various hairstyles, and therefore it was not easy for
inexperienced beauticians to derive a haircut technique based on a photograph.
[Prior art document][Patent Document][0008][Patent Document 1] Unexamined Patent Application Publication No. 2004 -209284[Outline of the Invention][Problem to be Solved by the Invention][0009]The Invention aims to analyze photographs of the front view, side view, and backview of the hairstyle of the analysis subject and to provide an analysis method of thehaircut technique used for the analysis subject.
[Means for Solving the Problem][0010]An analysis by estimating naturally-dried, natural, straight hairstyle from the front
view, side view, and back view of the analysis subject based on photographs, images,
illustrations, or drawings has not been conducted so far.
Therefore, the problem is solved by using an analysis method of haircut techniquesthat is used for the section selected in the second step of the following four steps: thefirst step of estimating a naturally-dried, natural, straight hairstyle from the front view,side view, and back view based on photographs, images, illustrations, or drawings ofthe analysis subject; the second step of selecting a section subject to the analysis frommultiple sections; the third step of conducting analysis for the section selected above
based on the naturally-dried, natural, straight hairstyle estimated above, with regard toat least one of the following analysis items that fits the selected section:
A. Analysis of outline shape and expression;
B. Analysis of cut line;
C. Analysis of the position to add volume and the volume line;
D. Analysis of silhouette shape and expression;
E. Analysis of the position and presence of a part;F. Analysis of section width or shape; and/or
G. Analysis of how face line and sections are connected or how sections areconnected with each other; and obtaining analysis results;
and the fourth step of deriving information related to the haircut technique from theaforementioned analysis results.
14

[Effects of the Invention][0011]An analysis of the haircut technique that is used based on photographs, illustrations,or drawings of the analysis subject can be conducted thanks to the Invention.
The aforementioned analysis method of the haircut technique is systematized, andtherefore enables even students and inexperienced beauticians to easily analyze haircut
techniques.
[Embodiment of the Invention][0013]<Definitions>
The following definitions are stated to improve understanding of the description,
but do not deviate from general definitions of beauty terms.
(Silhouette line) Both silhouette line and outline mean a hairstyle shape and they
are synonymous. In the Invention, a silhouette line is drawn on a photograph during
preliminary analysis. In order to highlight a shape line that is a border between an
external area or face and hairstyle shape, it is called a silhouette line.
In beauty terms, they are simply called a silhouette or a silhouette line.
[0014](Outline) There is a line like a silhouette line which has a clear border between
hairstyle shape and external area; however, the hairstyle shape is three-dimensional andthere are shape lines that comprise the hairstyle shape, such as the ear-to line andvolume line in Figure 2, etc., but may not be on the two-dimensional photograph as aborder with the external area. In addition, there is a shape line for which a clear line
cannot be determined due to loose hair tips, such as hem of naturally-dried, natural,
straight hairstyle. When highlighting that it is a shape line of the hair style under suchconditions, it is called an outline. For example, they are used as follows: the lower lineof the hairstyle (shape line), the outline of the hem of the hairstyle.
In any case, in beauty terms, an outline and a silhouette line are synonymous and if
outline and silhouette line replace one another in the Description, the details of thestatements do not change. In the Description, when highlighting the border between thehairstyle shape and external area in order to make the explanation easier to understand,the term, a silhouette line, is used.
[0015](Panel) A panel means a hair bundle for a haircut, and it is called a panel because it
is divided into the form of a panel.
[0016]
15

(Slice) This refers to dividing hair into a panel for a haircut. A vertical slice is where
hair is divided into panels vertical to the floor, a horizontal slice where hair is divided
into panels horizontal to the floor, a diagonal slice where hair is divided into panels
diagonally, etc.
[0017](Cut line) The cut edge of a panel that is created by a haircut is called a cut line. It
includes layered, gradation, one-length, same-length, etc. There are various kinds ofhairstyles by the angle of the cut line.
[0018](Section) This refers to an area on the head with hair that is divided into specificranges in order to provide a haircut. When providing a haircut by dividing the head into
two sections, it is called a two-section haircut; into three or more sections, it is called athree-section haircut; and into smaller sections, it is called a multi-section haircut. In
beauty terms, each section is named side section, top section, over-section, middle
section, under section, and others. Each section is a unit area for providing a specified
haircut technique.
In the Description, there are examples where analysis is conducted by dividing acase into when dividing the head into two sections and when dividi ng the head into
three sections as indicated below "(Analysis)," "2. Analysis of haircut techniques forwhich the subject for the analysis is a front silhouette." As mentioned above, the degreeof dividing the section can be appropriately determined based on the estimatednaturally-dried, natural, straight hairstyle and the following sectioning in theembodiment example only demonstrates one example.
[0019](Ear-to line) This is also called an ear-to-ear line. In the Invention, it means a linethat passes through the ends of the right and left Ear-5 and Vertex-a.
[0020](Stem) Stem refers to an angle for dividing hair into panels.
Dividing hair into a panel vertically against the scalp is called on-base. This is abasic way of dividing hair into panels.
Up-and down-stems refer to dividing hair into panels by holding the panel upward
or downward. Up-step refers to dividing hair into panels upwards (towards the ceiling)rather than in a vertical condition against the scalp. Down-step refers to dividing hair
into panels downwards (towards the floor) rather than in a vertical condition against thescalp.
Concerning front- and back-stems, the term "pulling the stem front" refers to16

dividing hair into panels more on the front side (face side) rather than in a verticalcondition against the scalp and the term "pulling the stem back" refers to dividing hair
into panels more on the back side (occipital area side) rather than in a vertical condition
against the scalp.
When dividing hair into panels from the specific area, the side middle section for
example, multiple panels (multiple panel-like hair bundles) of the specific thickness are
divided for the haircut. When dividing hair into multiple panels on-base, the directionof panels will change gradually in accordance with the round-shape of the scalp. For
example, when dividing hair into panels in a vertical slice (vertical to the floor) along
the outer periphery of the head, multiple panels will be divided radially centering
around the head. The term "dividing hair into panels by one surface" refers todetermining the panel surface angle and dividing hair into panels based on the angle
regardless of the round shape of the scalp. Multiple panels that are divided along thescalp are in the same direction, in other words, in parallel.
[0021](Divided surface) This refers to each of the individual section surfaces, with eachsection made flat. For example, a bang section curves along with the scalp above theforehead. A divided surface of a bang section refers to a flat surface with the borders of
the bang section on each side.
If hair in the bang section is divided into panels on-base horizontally, hair is divided
into panels vertically against the scalp in the bang section, and therefore the panels
become slightly fan-like in form. However, if hair is divided into panels verticallyagainst the divided surface in the bang section horizontally, hair in the flat bang section(divided surface) is divided into panels vertically. Hair is divided into panels in thesame direction on both ends and the center part of the bang section, and therefore thepanels are in a panel-form in the horizontal direction.
To make it clear, when hair is divided into panels in the vertical direction andvertically against the divided surface of the bang section, the panels are square (bothends of the divided surface, or both ends of the panel are right angles) panel form.
[0022](Vertex) This refers to the highest point of the skull bone, in other words the highest
point on a medial line when viewing the analysis subject from the front. If thephotograph of the front view is taken when the analysis subject tilts his/her head, thehighest point of the skull bone and the highest point of the head of the analysis subject
in the photograph may be misaligned. In such photograph of the front view, the h ighest
point of the skull bone will be estimated based on the photograph.
17

[0023](Analysis item) "Analysis item" as used in the Description refers to the subject tobe analyzed. For example, if a cut line is obtained as an analysis result based on the
shape of the silhouette line, the analysis item is "Analysis of silhouette shape andexpression."
Analysis items to be analyzed in the Invention are any of the following sevenanalysis items:
A. Analysis of outline shape and expression;
B. Analysis of cut line;
C. Analysis of the position to add volume and the volume line;
D. Analysis of silhouette shape and expression;
E. Analysis of the position and presence of a part;F. Analysis of section width or shape; and/or
G. Analysis of how face line and sections are connected or how sections areconnected with each other.
[0024](Haircut technique) A general haircut includes a series of actions of dividing hair
into panels in a specific slice from the scalp, pulling them at a specific an gle (stem),and cutting hair at a specified cut line (layered, gradation, concave, etc.).
In addition, a part also has a big impact on the hairstyle impression, and therefore ahaircut is provided in consideration of the part.
Furthermore, various hairstyles are created by dividing the head into multiple
sections (areas, such as top section, back under section, etc.) and using a different
haircut technique for panels divided in each section.
The following elements derived as haircut techniques in the Invention are elementsthat have major impacts on hairstyle shape and expression:(A) Slice;(B) Stem;(C) Gradation, same-length, layered, square, concave, and other cut lines;(D) Part; and(E) Sectioning and section width.
There are other elements in haircut techniques, such as hair-tip cut techniques(thinning, shaggy, etc.). In addition to the haircut techniques in (A) through (E) above,
there is no hindrance linking them with other haircut techniques.
[0026]<Embodiment Example>
18

Before starting an analysis for which the subjects are outline, front silhouette, backsilhouette, and inside silhouette (hereinafter referred to as the "Main Analysis"),preliminary analysis is conducted for the front view photographs, side viewphotographs, and back view photographs of the analysis subject.
In cases of photographs of permed hair, an analyst does not analyze thephotographed hairstyle itself, but estimates a hairstyle from which the perm wasremoved and that became naturally-dried, natural, and straight, and then starts analysis.
If a person is involved in beauty care, it may be easy for him/her to estimate an
approximate position of a silhouette line of a naturally-dried, natural, straight hairstyleeven based on photographs of permed hair.
The following analysis of the embodiment example is conducted by using anaturally-dried, natural, straight hairstyle estimated by an analyst, if not otherwise
specified.
[0027](Preliminary analysis)
1. Preliminary analysis method using a front view photograph
Please see Figure 1.
Prepare a front view photograph of the analysis subject. If Ear-5 cannot be identified
due to hair, draw Ear-5. It is not necessarily required to draw Ear-5, but it is preferable
to draw Ear-5 since the position of Ear-5 serves as an index when drawing Frontsilhouette line-3, etc.
Estimate a naturally-dried, natural, straight hairstyle based on the front viewphotograph of the analysis subject and draw the following lines and marks on the front
view photograph.
[0028]
A. Draw Front silhouette line-3. When drawing Front silhouette line-3, if Ear side markb is entered in the position beside Ear-5 where Front silhouette line-3 is estimated topass, Front silhouette line-3 can be drawn correctly. Front silhouette line-3 always
passes the side of the ears. A customer may bring a front view photograph of a model,
etc. for reference in which the model tilts his/her face slightly. In this case, if Ear sidemark-b is drawn additionally, Front silhouette line-3 can be drawn more correctly.
Of course, when estimating Front silhouette line-3 for a naturally-dried, natural,
straight hairstyle, Front silhouette line-3 does not come inside the skull bone. The
position where hair thickness is added for the naturally-dried, natural, straight hairstyle
based on the skull bone is the position of Front silhouette line-3.
[0029]
19

B. Draw Medial line-1.
Medial line-1 is the centerline that reaches the occipital area by passing the top of
the chin, top of the nose, and Vertex-a and that divides the head in half. Vertex-a is on
Medial line-1, and therefore it is not necessary to mark it; however, as mentioned above,in some of the front view photographs that customers bring in for reference for a haircut,
the subjects slightly tilt their faces. If a mark is entered on Vertex-a, Medial line-1 canbe drawn more accurately and this facilitates analysis.
[0030]
C. Draw Length auxiliary line-2 by dividing into the case of (A) or case of (B) below
depending on the tilt of the side lower outline. If the tilt of the side lower outline is notclearly defined from the front view photograph, the tilt of the side lower outline may
be examined by referring to the side view photograph.
[0031](A) If the side lower line is straight or rising towards the front side, draw Length
auxiliary line-2 in parallel to Medial line-1 from the tail of the eye.
In cases of the analysis subject in Embodiment Example 1 as shown in Figure 2, theside lower outline is rising towards the front side, and therefore Length auxiliary line2 is drawn from the tail of the eye as shown in Figure 1.
[0032](B) If the side lower line is falling towards the front side, draw Length auxiliary line -2
in parallel to Medial line-1 from outside the cheekbone.
[0033]
D. Set a position on Front silhouette line-3 at the widest part between Length auxiliary
line-2 and Front Silhouette line3, as the Front volume position-B and enter a mark.
[0034]
E. When the hair line passes over Front volume position-B and starts to enter inside andthe hair direction becomes stable, enter Length auxiliary line-2 in a straight line in thesame direction until it intersects with Front silhouette line-3, and enter a mark at theintersecting point as Ear-to length point-A.
The aforementioned points and lines are used for the Main Analysis explained later.
[0035]
2. Preliminary analysis method using a side view photograph
Estimate a naturally-dried, natural, straight hairstyle based on the side viewphotograph of the analysis subject and draw the following lines and marks on the sideview photograph.
A. Draw Side silhouette line-4.
20

If the face in the side view photograph is tilted and it is not a correct side viewphotograph, a mark may be entered on Vertex-a additionally for assistance in drawing
Side silhouette line-4.
B. Draw Ear-to line-7.
Ear-to line-7 refers to a line that passes the ends of the right and left Ear-5 andVertex-a as mentioned in the Definitions above. If Ear-5 cannot be identified due to hair,draw Ear-5. If Vertex-a is drawn additionally, it may help in drawing Ear-to line-7.
C. Draw Back volume position-C.
D. Draw Volume line-9.
Of course, Volume line-9 always passes Front volume position-B and Back volume
position-C. If the position of Volume line-9 is difficult to identify, refer to Front volume
position-B obtained through the preliminary analysis method for the front silhouetteand enter Front volume position-B at the corresponding position on the side viewphotograph so that Volume line-9 can be drawn easily.
Volume positions (B and C) and Volume line-9 of the estimated naturally-dried,natural, straight hairstyle may change a lot depending on the hairstyle of the analysis
subject.
[0036]
3. Preliminary analysis of back silhouette using a back view photograph
Estimate a naturally-dried, natural, straight hairstyle based on the back viewphotograph of the analysis subject and draw the following lines and marks on the backview photograph.
A. Draw Back silhouette line-8.
If the analysis subject in the back view photograph is tilted, Vertex-a may be drawn
to help drawing Back silhouette line-8 in the same manner as in the preliminary analysis
method using a front view photograph and side view photograph.
B. Draw Back volume position-C.
If Back volume position-C is difficult to identify, it may be entered in reference to
Back volume position-C obtained through the preliminary analysis method using theside view photograph.
C. Draw Volume line-9.
If the position of Volume line-9 is hard to identify, it may be drawn in reference to
Front volume position-B obtained through the preliminary analysis method using thefront view photograph or Back volume position-C obtained through the preliminary
analysis method using the side view photograph.
[0037]
21

Concerning photographs to be used for the preliminary analysis method, it ispreferable to have all the front view, side view, and back view photographs of theanalysis subject; however, if photographs in all directions cannot be prepared, it ispossible to conduct analysis using only available photographs. In this case, part of thefollowing analysis items for the Main Analysis will be analyzed.
In addition, for example, if there is only a front view photograph, it is possible toanalyze all the following analysis items of the Main Analysis by drawing illustrations
as alternatives to side view and back view photographs that are suitable to the hairstyleidentified from the front view photograph. This is also included in the Invention.
Furthermore, analyses using only illustrations or drawings without using
photographs are also included in the Invention.
Photographs, illustrations, or drawings do not have to be on paper-based media andthey may be images shown on a display, such as a tablet terminal.
[0038](Main analysis)[i] Cut line, such as layered, gradation, square, same-length, etc.
[ii] Slice[iii] Angle of dividing hair into panels (stem)[iv] Special haircut, such as concave, etc.
[v] Sectioning
and multiple other pieces of information related to haircut techniques are combined to
specify a haircut technique and a haircut is provided.
The haircut technique has impact on the shape of a naturally-dried, natural, straighthairstyle, and therefore the haircut technique that is used can be identified b y analyzing
the natural, straight hairstyle that is estimated from the photograph.
[0039]
After completion of the aforementioned preliminary analysis, start the Main
Analysis.
The Main Analysis involves analyzing photographs of the analysis subject roughly
for the outline, front silhouette, back silhouette, and inside silhouette as the subject for
the analysis.
The Main Analysis is an analysis method for deriving which haircut technique isused based on the photographs of the analysis subject. The hairstyle of the analysis
subject can be reproduced by using the derived haircut technique.
In the following, the outline, front silhouette, back silhouette, and inside silhouettethat are the subject for the analysis will be explained in sequence.
22All of the following analyses are to estimate and analyze the naturally-dried, natural,
straight hairstyle based on photographs of the analysis subject.
[0040]
1. Analysis of haircut techniques where an outline is the subject for the analysis
The analysis of the outline is conducted by dividing the hairstyle into the following(1) through (4) sections.
The section may be divided into smaller sections depending on the complexity of
the hairstyle of the analysis subject and sections may be divided more roughly if thehairstyle is simple.
[0041](1) Outline analysis for the back side section and back center section below the ear top
A. Analysis of back lower outline shape and expression
Figure 4 (A) is an explanatory diagram of the lower outline shape from the backview.
The analysis area is the back side and back center below the ear top as shown in theshaded area. The haircut technique used for the panel divided in this area is analyzed.
The subject for the analysis is the lower outline shape of the naturally-dried, natural,
straight hairstyle estimated from the back view photograph. This analysis item
corresponds to "A. Analysis of outline shape and expression" in the Invention. The
silhouette line in Figure 4 (A) is simplified for the explanation.
As shown in Figure 4 (C), expression of the lower outline is classified into thefollowing three types:a) Lower outline shape is clearly defined;b) Lower outline shape is not clear and shown roughly; andc) Lower outline has weight (in-layered).
[0042]
Next, classify the lower outline shape from the back view into the following fourtypes, as shown in Figure 4 (A), 1) through 4).
1) Round
2) Rising towards the front side3) Straight4) Falling towards the front side[0043]
Based on the analysis results, the following information on the haircut techniquerelated to the stem angle can be derived.
The slice for dividing hair into panels is horizontal; and23

Analysis result [1]: In the case of a) and 1) Round or 2) Rising towards th e front side,
it is analyzed that a technique to cut hair at the position where a panel is tilted downward
and naturally falls down is used.
Analysis result [2]: In the case of a) and 3) Straight or 4) Falling towards the front side,
it is analyzed that a technique to cut hair by one surface by tilting a panel downward isused.
Analysis result [3]: In the case of b) and 3) Straight, it is analyzed that a technique to
cut hair by holding a panel upward from the position where the hair naturally falls down
is used.
Analysis result [4]: In the case of b) and 1) Round or 2) Rising towards the front side,
it is analyzed that a technique to cut hair by pulling a stem front is used.
Analysis result [5]: In the case of b) and 4) Falling towards the front side, it is analyzed
that a technique to cut hair by pulling a stem back is used.
Analysis result [6]: In the case of c) and 3) Straight, it is analyzed that a technique to
cut hair by pulling a stem in the hairline direction is used.
Analysis result [7]: In the case of c) and 1) Round or 2) Rising towards the front side,
it is analyzed that a technique to cut hair in over-direction by pulling a stem behind theback center line (see Figure 4) is used.
Analysis result [8]: In the case of c) and 4) Falling towards the front side, it is analyzed
that a technique to cut hair in over-direction by pulling a stem to the front of the backcenter line (see Figure 4) is used.
[0044](2) Analysis of haircut technique for side outline (the ear top, from the sideburn to thetemple)A. Analysis of side lower outline shape and expression
Figure 5 is an explanatory diagram of analysis of the lower outline from the ear top
to the sideburn.
The analysis area is the shaded area shown in Figure 5. The haircut technique used
for the panel divided in this area is analyzed. The subject for the analysis is the outline
shape of the lower end of the hair growing in the aforementioned area for the estimatednaturally-dried, natural, straight hairstyle.
In concrete terms, classify the outline shape which is the subject for the analysis asshown in Figure 5 into the following four types 1) through 4) in Figure 5:
1) Round
2) Rising towards the front side3) Straight244) Falling towards the front side[0045]
Next, classify the analysis area shown in the shaded area into the following three
types:a) Line is clearly defined;b) There is a concave with hair growing from Connecting part-10 to the back side; andc) Line is not clear and there are steps.
[0046]
Based on the analysis results, the following information on the haircut techniquerelated to the stem can be derived.
Analysis result [1]: In the case of a), it is analyzed that a technique to cut hair at theposition where a panel naturally falls down to fit the shape obtained from the analysis
result of the lower outline shape in 1) through 4) is used.
Analysis result [2]: In the case of b), it is analyzed that a technique to cut hair by pullinga panel front from the position where the panel naturally falls down to fit the shapeobtained from the analysis results of the lower outline shape in 1) through 4) is used.
Analysis result [3]: In the case of c), it is analyzed that a technique to cut hair by holding
the front- and back- stem slightly upwards from the position where a panel naturally
falls down to fit the shape obtained from the analysis results of the lower outline shapein 1) through 4) is used.
[0047](3) Analysis of haircut technique of face line [1] (for front corner, from the sideburn to
the temple)
A. Analysis of lower outline shape around the face line
The face line refers to the hairline around the face.
Expression from the side of the lower outline that is created by hair growing fromaround the face line going downwards is the subject for the analysis and the following
haircut technique related to the stem is derived from the analysis results. This analysis
item corresponds to "A. Analysis of outline shape and expression" in the Invention.
Based on the analysis results, information on the haircut technique related to the stem
can be derived.
[0048]
Analysis result [1]: If the lower outline of the hair growing from around the face line
toward the front corner from the sideburn to the temple is straight (see Figure 6), it isanalyzed that a technique to cut hair at the position where the hair naturally falls down
is used.
25

Analysis result [2]: If the lower outline of the hair growing from around the face line
toward the front corner from the sideburn to the temple is round and has minus curve(a curve where the center part rises up) (see the dotted lines in Figure 6), it is analyzed
that a technique to cut hair by holding a stem up slightly from the position where hairnaturally falls down (see the dash-dot-dash line in Figure 6) is used.
Figure 6 shows that when a stem is held slightly up and hair is cut in a straight cut
line as shown in Figure 6 during the haircut and is returned to the position where thehair naturally falls down, it forms a minus curve (a curve where the center part rises
up).
[0049](4) Analysis of haircut technique of face line [2] (from the Ear-to line to the lowest
neckline)
This consists of the following three analyses.
[0050]
A. Analysis of the presence of a concave
The subject for the analysis is whether or not the lower outline below Front volume
position-B from the front view has a concave in the area from the Ear-to line to thelowest neckline. The concave is a kind of cut line and this analysis item corresponds to"B. Analysis of cut line." It is not shown in the figure, but based on the analysis results,
information on the haircut technique related to the cut line (concave) can be obtained.
[0051]
Analysis result [1]: If there is a concave in the lower outline from the Ear-to line to thelowest neckline, it is analyzed that a technique to cut hair by pulling a stem front to add
a concave is used. If there is a concave, when looking from the front, the back hair canbe seen more often and the length of the back hair is exaggerated and the lightness ofhair tips of the outline and face line is also exaggerated.
Analysis result [2]: If there is no concave, it is analyzed that a technique to cut hair
without adding a concave is used.
[0052]
B. Analysis of haircut start position for a concave
The analysis area is the shaded area shown in Figure 7. The subject for the analysis
is the lower outline (back outline) from the back view. In addition, whether the widthof the natural flow of the back outline is narrow or wide is the subject of the analysis
and the haircut starting position for a concave is determined depending on the width.
This analysis item corresponds to "A. Analysis of outline shape and expression" in theInvention. Information on a haircut technique related to the position for dividing hair
26

into panels (slice position) which is related to the start position of the cut line (concave)
is obtained based on the analysis results.
If a concave is added to the back outline, the back outline is curved and the natural
flow of the back outline is blocked, and therefore the start position of the concave canbe identified.
[0053]
Analysis result [1]: If the width of the natural flow of the back outline is narrow, inother words, if the width is as shown as a) in Figure 7, the position for starting to pulla panel is Lowest neckline position-14 and it is analyzed that a technique to cut hair bypulling a stem front is used.
Analysis result [2]: If the width of the natural flow of the back outline is wide, in otherwords, if the width is as shown as b) in Figure 7, the position for starting to divide hair
into panels is at the 2/3 position from below the ear (15) and it is analyzed that atechnique to cut hair by pulling a stem front is used.
[0054]
Analysis result [1] and analysis result [2] are not an either-or choice. In addition,
depending on the estimated naturally-dried, natural, straight hairstyle of the analysis
subject, there is a case where the width is analyzed to be wider than the analysis result
width [2]. In this case, the position to start dividing hair into panels may be Ear-to line7. If the width of the natural flow of the back outline is in the middle of narrow a) andwide b), determine the position to start dividing hair into panels between Lowest
neckline position-14 and Ear-to line-7 depending on the width and provide a haircut bypulling a step front.
Please see Figure 8. If the width of the natural flow of the back outline is narrow,divide hair into panels from the temple to the lowest neckline. As the width of thenatural flow of the back outline becomes wider, narrow down the panel width graduallyfrom the temple to Ear-to line-7 that passes the Subaural position, Ear 2/3 position, Ear
1/2 position, Ear 2/3 position, and Vertex-a.
Haircut is provided by pulling a stem front regardless of how panels are divided.
[0055]
C. Analysis of concave cut line
The inclination angle of the back outline from the Ear-to line to the lowest neckline
is the subject for the analysis.
This analysis item corresponds to "A. Analysis of outline shape and expression" in
the Invention.
The case where the inclination angle is small is shown as 1) in Figure 7 in both27

cases where the width is narrow a) and wide b). The case where the inclination angle issmall is shown as 1). The case where the inclination angle is large is shown as 2).
Based on the analysis results, the following information on the haircut techniquerelated to the cut line can be derived.
Analysis result [3]: If the inclination angle is small as shown as 1) in Figure 7, it isanalyzed that a gradation haircut technique is used.
Analysis result [4]: If the inclination angle is large as shown as 2) in Figure 7, it isanalyzed that a layered haircut technique is used.
The haircut is changed gradually from gradation to layered based on the angle.
[0056]As mentioned above, a haircut technique is determined based on the combination ofanalysis result [1] or analysis result [2] related to the haircut start position and analysis
result [3] or analysis result [4] related to the cut line.
...
[0121](Embodiment Example 2)
Embodiment Example 2 is an invention related to teaching media that serve as amanual and a teaching system to teach the analysis method of the hai rcut techniques in
Embodiment Example 1.
Hairstyles are rich in diversity, including short hairstyles, such as bobs, etc., andlong hairstyles. In addition, when a perm is applied, it is often difficult for beautician
school students, etc. to estimate a naturally-dried, natural, straight hairstyle, eventhough it is easy for a person skilled in the art who is familiar with beauty.
In addition, the analysis method of analysis items is often hard for students, etc. tounderstand.
Displays and other teaching media that show a method to estimate naturally-dried,natural, straight hairstyles based on the front view, side view, and back viewphotographs of the analysis subject and the analysis method of haircut techniques thatis used for each section subject to the analysis based on the naturally-dried, natural,
straight hairstyles obtained from the aforementioned estimation method, are preparedand these methods are taught to students, etc.
[0122]
However, there is a wide range of hairstyles and it is difficult to post photographsof examples of all hairstyles. The more photographs of examples are posted, the larger
becomes the volume of information that is included in the teaching media, which maylead to Students' failure to understand the details to be taught. Teaching media thus
28

inevitably show only photographs of typical examples.
In addition, a customer of a beauty salon sometimes brings a photograph and says,"Please arrange my hair to look like this hairstyle," or the like, and if such hairstyledeviates from typical examples, analysis may be difficult for inexperienced beauticians.
[0123]
Therefore, the teaching system shown in Embodiment Example 2 provides memory
media where many photographs and videos of actual examples are stored, such as aserver, etc.
[0124]
Photographs of actual examples may be photographs and videos of actual examplesof naturally-dried, natural, straight hairstyles estimated based on the front view, side
view, and back view photographs of the analysis subjects and may be photographs andvideos of actual examples that are used when analyzing haircut techniques shown in
Embodiment Example 1.
Then, provide hyperlinks and link two-dimensional bar codes to access photographsof actual examples along with each explanation of the analysis as shown in Embodim ent
Example 2 in teaching media.
For example, if students, etc. read a two-dimensional bar code through a smartphone
and access photographs of actual examples stored in a server (memory media), theirlearning speed increases.
In addition, if the teaching media is a terminal, such as a tablet, etc., by way ofproviding links for accessing the photographs of actual examples by softkey, etc. close
to the explanations on the analyses shown in Embodiment Example 1, students, etc.
may access many photographs of actual examples corresponding to the aforementioned
explanations stored in memory media, such as a server, etc.
[0125]In the aforementioned example, memory media is placed on the network. If thememory size is big, photographs of actual examples may be stored on the memory media
of a tablet terminal, etc.
[0126]
Beauticians, etc. who come across the teaching media may compile original actual
examples by adding photographs of actual examples that they created to the memory
media. If an administrator is allowed to select and disclose photographs of actual
examples that are added to the server by connecting to the Internet, photographs ofactual examples will have a wide variety.
Furthermore, it becomes possible for an administrator to analyze added photographs29

of actual examples and develop new analysis items and methods that correspond to newhairstyles that are developed one after another.
[0127]In addition, it is also possible to build databases with photographs, images,
illustrations, or drawings of, at least the front views, side views, or back views ofmultiple analysis subjects to which silhouette lines are added for the estimatednaturally-dried, natural, straight hairstyles.
[0128](Embodiment Example 3)
Build a neural-network system that has a means of inputting photograph data ofanalysis subjects and that automatically implements the analysis method of the haircut
technique shown in Embodiment Example 1 based on the aforementioned photographdata. Achieve an automatic analysis device of haircut techniques in the aforementioned
neutral-network system by implementing supervised learning.
The learning for the automatic analysis device of haircut techniques may be
implemented for the preliminary analysis method for photographs to estimate anaturally-dried, natural, straight hairstyle based on photographs of the analysis subject
and if photographs of the analysis subject are input, it automatically estimates anaturally-dried, natural, straight hairstyle.
Then, it derives a haircut technique that is used for each section and shows it on thedisplay.
The automatic analysis device may be connected to a network and it can build asystem wherein if photographs of an analysis subject are sent by a smartphone to theautomatic analysis device of haircut techniques that uses a cloud computing system, it
automatically implements an analysis method of haircut techniques that is shown in
Embodiment Example 1 and sends the analysis results to the smartphone.

30

[Figure 1][Figure 2](White line: Ear-to line)

Side lower outline

Inclination
between B
and C

Rising: -2
Parallel: -1
Falling along the head outline: 0
Falling: +1

31

[Figure 3][Figure 4]
Back side section
Center linea) Lower outline shape is clearly defined.

Neck
Back center sectionb) Lower outline shape is not clear and shown roughly.

Silhouette linec) Lower outline shape has weight (in-layered).

4) Falling towards the front side3) Straight1) Round
2) Rising towards the front side32

[Figure 5][Figure 6]

Conditions where astem is slightly heldup during a haircut.

Cut line

Lower chin outline: Minus curve
Lower chin outline: Straight

33

[Figure 7]

Neck34