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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 3, 2025 has been entered.
Response to Amendment
Applicant’s amendments and remarks have overcome the outstanding USC 101 rejection.
Applicant’s amendments have resolved the USC 112b issues.
Regarding Applicant’s remarks as they pertain to the prior art of Varady and Fonte, the amended feature of minimizing the distance between support points to fit the spectacle frame to the head appears to be taught by Fonte:
The computer system performs an optimization of the configuration product model parameters to reduce the error between various features of the face and model based on predefined fit metrics, such as the optimal ratio of eyewear width to face width, the optimal centering of eyes within lenses, etc. For example, adjust the length of the temples until the error between the temples and top of the ear are minimized (Fonte col. 32:49-56).
An optimization is obtained by minimizing the distance between the: center of the eyewear and centerline of the nose; the top of each modeled ear at the location of the intersection of the head and the bottoms of the temples (which sit on the top of the ears); nose pads on the eyewear and surface of the nose; center point of the eyes and the design's optimal eye location; pre-determined offset distance between the brow and/or check bones and the specific eyewear front-frame (Fonte col. 42:1-8).
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 102(a1),(a2) as being anticipated by Varady et al. (US 2021/0088811 - Varady; of record) with evidence by Fonte et al. (US 9,304,332 - Fonte; of record).
Examiner’s note: Varady incorporates by reference Fonte (Varady para. [0046]).
As to claim 1, Vardy teaches a computer implemented method for individualizing a spectacle frame by fitting a parametric model of the spectacle frame element to the head of a spectacles wearer (Varady Figs. 2B-5D; para. [0006],[0007]), the method comprising
determining a parametric equivalent model for the parametric model of the spectacle frame element (Varady Fig. 2B; Fig. 3 - 301, 302, 303; Fig. 4A - 401, 403; Fig. 4B - 410, 414, 415), the parametric equivalent model having at least one parameter (Varady Fig. 2B - 223, 225, 227, 229, 231);
specifying a plurality of entities of the parametric model in form of realizations of the parametric model with specific parameter values (Varady Fig. 2B; Fig. 3 - 302; Fig. 4A - 404; Fig. 4B - 414 - stock frame data being provided as adjustable 3D models);
determining at least one base entity (Varady Fig. 2B; Fig. 3 - 302; Fig. 4A - 404; Fig. 4B - 410, 414; para. [0112]-[0114] - as shown and discussed, a subset of the stock frames are selected);
determining at least one parametric deformation map for the at least one entity from the specified plurality of entities (Varady Fig. 2B; Fig. 3 - 303; Varady Fig. 4A - 405, 406; para. [0113]; Fig. 4B - 416; para. [0114], [0147] - adjustable parametric 3D models), the at least one deformation map mapping the at least one base entity on respective entities of the parametric model (Varady Fig. 3 - 303; Varady Fig. 4A - 405, 406; para. [0113]; Fig. 4B - 416; para. [0114], [0147] - adjustable parametric 3D models mapped from the stock frames models) and the parametric equivalent model being determined at least from the at least one base entity and from the at least one parametric deformation map (Varady Fig. 3 - 303; Varady Fig. 4A - 405, 406; para. [0113]; Fig. 4B - 416; para. [0114], [0147] - adjustable parametric 3D models determined from the subset of stock frame models);
providing biometric data relating to the head of the spectacles wearer (Varady Fig. 3 - 301; Fig. 4A - 402, 403; Fig. 4B - 411, 412);
determining at least one parameter value for the at least one parameter of the parametric equivalent model of the spectacle frame element by minimizing or maximizing a function which considers at least one surface point of a determined base entity of the parametric equivalent model of the spectacle frame element and the biometric data provided in relation to the head of the spectacles wearer (Varady Fig. 3 - 303; Fig. 4A - 405, 406; Fig. 4B - 416, 417; para. [0113]-[0115], [0140], [0141]);
the parametric model being represented by the at least one base entity and the at least one parametric deformation map (Varady para. [0046]; Fonte Fig. 29 - 2900, 2901, 2902, 2903, 2904, 2905, 2910); col. 31:7-52 - as discussed, Figure 29 shows the base entity (2900) and the deformation maps (2903, 2904, 2905, 2906), thus the parametric equivalent model (2910) is represented by the base entity (2900) and the deformations due to the four (4) columns of deforming the width (2903, 2904) and the four (4) rows of deforming the nose bridge (2905) and temple distance (2906)).
PNG
media_image1.png
688
1043
media_image1.png
Greyscale
minimizing a distance between support points to fit the spectacle frame element to the head of the spectacles wearer (Fonte col. 32:49-56; col. 42:1-8).
As to claim 2, Varady teaches a computer implemented method for individualizing a spectacle frame element by fitting a parametric model of the spectacle frame element to the head of a spectacles wearer (Varady Figs. 2B-5D; para. [0006],[0007]), the method comprising
determining a parametric equivalent model for the parametric model of the spectacle frame element(Varady Fig. 2B; Fig. 3 - 301, 302, 303; Fig. 4A - 401, 403; Fig. 4B - 410, 414, 415), the parametric equivalent model having at least one parameter (Varady Fig. 2B; Fig. 3 - 301, 302, 303; Fig. 4A - 401, 403; Fig. 4B - 410, 414, 415), by virtue of
specifying a plurality of entities of the parametric model in form of realizations of the parametric model with specific parameter values (Varady Fig. 2B; Fig. 3 - 302; Fig. 4A - 404; Fig. 4B - 414 - stock frame data being provided as adjustable 3D models);
determining a set of segments for the parametric model of the spectacle frame element (Varady Fig. 2B - 223, 225, 227, 229, 231; para. [0045], [0046] - segments of the frames including the lens width/height, nose pad dimensions, temple dimensions), the specified entities being decomposed into segments from the set of segments (Varady Fig. 2B - 223, 225, 227, 229, 231; para. [0045], [0046] - stock frames being decomposed into the various segments of the frames including the lens width/height, nose pad dimensions, temple dimensions);
generating segment entities for each segment from the set of segments by selecting entities of a respective segment from the decomposed specified entities (Varady Fig. 2B - 220; para. [0045]-[0046]; Fig. 3 - 302; Fig. 4A - 404; Fig. 4B - 410, 414);
determining at least one base segment entity (Varady Fig. 2B - 220; para. [0045]-[0046]; Fig. 3 - 302; Fig. 4A - 404; Fig. 4B - 410, 414);
determining at least one parametric deformation map for the at least one base segment entity from the segment entities (Varady Fig. 2B; Fig. 3 - 303; Varady Fig. 4A - 405, 406; para. [0113]; Fig. 4B - 416; para. [0114], [0147] - adjustable parametric 3D models);
the at least one parametric deformation map mapping the at least one base segment entity on segment entities of the parametric model (Varady Fig. 2B; Fig. 3 - 303; Varady Fig. 4A - 405, 406; para. [0113]; Fig. 4B - 416; para. [0114], [0147] - adjustable parametric 3D models); and
determining the parametric equivalent model at least from the set of segments and from the at least one base segment entity and the at least one parametric deformation map for each segment from the set of segments (Varady Fig. 2B - 223, 225, 227, 229, 231; para. [0045], [0046] - segments of the frames including the lens width/height, nose pad dimensions, temple dimensions and define the parametric 3D model(s) of the frames);
providing biometric data relating to the head of the spectacles wearer (Varady Fig. 3 - 301; Fig. 4A - 402, 403; Fig. 4B - 411, 412);
determining at least one parameter value for the at least one parameter of the parametric equivalent model of the spectacle frame element by optimizing a function which considers at least one surface point of at least one determined base segment entity of the parametric equivalent model of the spectacle frame element and the biometric data provided in relation to the head of the spectacles wearer (Varady Fig. 3 - 303; Fig. 4A - 405, 406; Fig. 4B - 416, 417; para. [0113]-[0115], [0140], [0141]);
the parametric equivalent model being represented by at least the set of segments and the at least one base segment entity and the at least one parametric deformation map for each segment from the set of segments (Varady para. [0046]; Fonte Fig. 29 - 2900, 2901, 2902, 2903, 2904, 2905, 2910); col. 31:7-52 - as discussed, Figure 29 shows the base entity (2900) and the deformation maps (2903, 2904, 2905, 2906), thus the parametric equivalent model (2910) is represented by the base entity (2900) and the deformations due to the four (4) columns of deforming the width (2903, 2904) and the four (4) rows of deforming the nose bridge (2905) and temple distance (2906)).
minimizing a distance between support points to fit the spectacle frame element to the head of the spectacles wearer (Fonte col. 32:49-56; col. 42:1-8).
As to claim 3, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches a computer implemented method for individualizing a spectacle frame element by fitting a parametric model of the spectacle frame element to the head of the spectacles wear (Varady Figs. 1-5D);
determining a parametric equivalent model for the parametric model of the spectacle frame element (Varady Fig. 2B; Fig. 3 - 301, 302, 303; Fig. 4A - 401, 403; Fig. 4B - 410, 414, 415), the parametric equivalent model having at least one parameter (Varady Fig. 2B - 223, 225, 227, 229, 231),
determining a set of segments for the parametric model of the spectacle frame element (Varady Fig. 2B - 223, 225, 227, 229, 231; para. [0045], [0046] - segments of the frames including the lens width/height, nose pad dimensions, temple dimensions), the parametric segment model from the parametric model of the spectacle frame element being determined for each segment (Varady Fig. 2B - 223, 225, 227, 229, 231; para. [0045], [0046] - segments of the frames including the lens width/height, nose pad dimensions, temple dimensions);
parametric segment equivalent model for each parametric segment model with the computer-implemented method as claimed in claim 1 (Varady Figs. 2B-5D; para. [0006],[0007]);
determining the parametric equivalent model from at least the set of segments and from the parametric segment equivalent model having at least one parameter (Varady Fig. 2B - 223, 225, 227, 229, 231; para. [0045], [0046] - segments of the frames including the lens width/height, nose pad dimensions, temple dimensions);
providing biometric data relating to the head of the spectacles wearer (Varady Fig. 3 - 301; Fig. 4A - 402, 403; Fig. 4B - 411, 412);
determining at least one parameter value for the at least one parameter of the parametric equivalent model of the spectacle frame element by minimizing or maximizing a function which considers at least one surface point of a determined base entity of the at least one segment equivalent model of the parametric equivalent model of the spectacle frame element and the biometric data provided in relation to the head of the spectacles wearer (Varady Fig. 3 - 303; Fig. 4A - 405, 406; Fig. 4B - 416, 417; para. [0113]-[0115], [0140], [0141]).
As to claims 4 and 19, Varady teaches all the limitations of the instant invention as detailed above with respect to claims 2 and 3, and Varady further teaches the segments of the set of segments are labeled as static, movable, or deformable (Varady Fig. 2B - 223, 225, 227, 229, 231; para. [0098], [0099]).
As to claim 5 and 20, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 4 and 19, and Varady further teaches the parametric deformation maps are linear maps for the segments labeled as static and/or wherein the parametric deformation maps of the segments labeled as movable are affine maps, and/or wherein the parametric deformation maps of the segments labeled as deformable are approximated based on Bezier curves, splines, or NURBS (Varady Fig. 2B - 223, 225, 227, 229, 231; para. [0098], [0099]).
As to claim 6, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 2, and Varady further teaches a method for a mesh segmentation method is applied during the decomposition of the entities of the parametric model of the spectacle frame element into segments from the set of segments (Varady Fig. 2B; para. [0044], [0097]);
As to claim 7, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches wherein additional features from the group containing ear support points, nose support points, support curves of ends of temples, 3-D lens planes, 3-D boxes, and nose pads are determined for the parametric equivalent model of the spectacle frame element (Varady Fig. 2B).
As to claim 8, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches the specified entities are at least partially post-processed with an algorithm for smoothing (Vardy para. [0140], [0141]).
As to claim 9, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches the biometric data in relation to the head of the spectacle wearers includes at least one surface point of a representation of the head of the spectacles wearer (Varady Fig. 2A).
As to claim 10, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches the function to be minimized or maximized minimizes the distance between point clouds, with a first point cloud containing at least one surface point of a base entity of the parametric equivalent model of the spectacle frame element and a second point cloud containing at least one surface point of the representation of the head of the spectacles wearer (Varady Fig. 2A; Fig. 2B - 223, 225, 227, 229, 231; para. [0007], [0082], [0090]).
As to claim 11, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches a non-transitory storage medium for determining a parametric equivalent model in a data format that is independent from that of the parametric model, the non-transitory storge medium having instructions for causing a computer to execute the method of claim 1 (Varady para. [0007], [0008]).
As to claim 12, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches a computer implemented method for representing or compressing a given entity, the method comprising
determining a respective parameter value for the at least one parameter of the parametric equivalent model of the spectacle frame element by optimizing a criterion from the group comprising weighted sum, average, maximum and quantile of the distribution of the deviations between surfaces of the given entity of the parametric model and surfaces of the entity of the parametric equivalent model generated based on the at least one parameter value (Varady Fig. 2A, Fig. 2B; para. [0067], [0068], [0140]) ; and
storing the at least one determined parameter value in a memory of the computer unit (Varady Fig. 1; Fig. 2C; Fig. 6; para. [0008]).
As to claim 13, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches a computer program (Varady para. [0008]).
As to claim 14, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches an apparatus with a computer unit (Varday Fig. 1; Fig. 2C; Fig. 6).
As to claim 15, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 12, and Varady further teaches a computer unit (Varady Fig. 1; Fig. 2C; Fig. 6).
As to claim 16, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches a system having a processor, a device controlled by the processor for producing spectacle frames (Varady Fig. 1 - 107).
As to claim 17, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Varady further teaches a processor and a device controlled by the processor for grinding spectacle lenses (Varady Fig. 1 - 107).
As to claim 18, Varady teaches all the limitations of the instant invention as detailed above with respect to claim 9, and Varady further teaches the biometric data in relation to the head of the spectacle wearers includes at least one surface point of a representation of the head of the spectacles wearer (Varady Fig. 2A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY W WILKES whose telephone number is (571)270-7540. The examiner can normally be reached M-F 8-4 (Pacific).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 December 15, 2025