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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed Application No. EP20305026.5, filed on 01/15/2020.
Response to Arguments – 35 USC 101
On pgs. 9-11 of the Applicant/Arguments Remarks, Applicant argues the amended claims have overcome the rejection under 35 USC 101. Applicant’s arguments have been fully considered and are persuasive. The rejection is withdrawn.
Response to Arguments – 35 USC 103
On pgs. 12-14 of the Applicant/Arguments Remarks, Applicant argues the amended claims overcome the rejection under 35 USC 103.
Additionally, the applicant argues that Abitbol and Fonte do not teach: ‘determining data relative to the selected frame’, and ‘computing the modified data obtained by said modification to generate modified eyeglass frame manufacturing data’
The examiner respectfully disagrees. Fonte’s [0039-0040] for example, explicitly discloses generating manufacturing data relative to the user’s face/anatomy and the frame details. “The following is an embodiment for product that is custom fit and designed based on user anatomy derived from image data, previewed, altered by user preferences, and then manufactured to order for the first time after customization: In accordance with an embodiment, methods are disclosed for creating custom products. One method includes acquiring, using at least one computer system, image data of a user; determining, using at least one computer system, anatomic details and/or dimensions of the user; configuring (eg, custom shape, size, dimensions, colors, finish, etc), using at least one computer system and anatomic data of the user, a new product model for the user; applying, using at least one computer system, a configurable product model to the image data or anatomic model of the user; previewing, using at least one computer system, images of the user with the configurable product model; optionally adjusting and updating the preview, using at least one computer system and/or user input, the configurable product model properties (eg, custom shape, size, dimensions, colors, finish, etc); preparing, using at least a computer system that executes instructions for manufacturing the custom product based on the previewed model; and manufacturing, using at least one computer system and manufacturing system, the new custom product.”
Examiner’s Note
The prior art rejections below cite particular paragraphs, columns, and/or line numbers in the references for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Abitbol et al. (US20030123026A1) in view of Fonte et al. (US20150154678A1).
Regarding Claim 1, Abitbol teaches a method for generating modified eyeglass frame manufacturing data the method comprising:
providing a plurality of eyeglass frames ([0009] "providing a wide view of the frames as actually fitted onto the customer's face").
selecting one frame among the plurality of eyeglass frames ([0010] "the 3D spectacles fitting system of the present invention is operative to provide improved vision quality and aesthetics by computer evaluation of an improved or optimal fit between the customer's face, the selected frame, and the manufacture, cutting and mounting of a selected lens").
determining data relative to the selected frame ([0010] "the 3D spectacles fitting system of the present invention is operative to provide improved vision quality and aesthetics by computer evaluation of an improved or optimal fit between the customer's face, the selected frame, and the manufacture, cutting and mounting of a selected lens," [0012] "Optionally, at least some fit parameters computed for spectacles ordered by an individual, typically fit parameters which are not frame-dependent, are archived in order to facilitate the fitting process the next time the same individual orders spectacles, even if he orders a different frame," and [0015] "to generate therefrom at least one parameter for face-and-frame customized manufacture and cutting of the lens").
computing the modified data obtained by said modification to generate modified eyeglass frame manufacturing data (Fig 4 and [0078] "Customized lens designer 80 is typically operative to generate parameters for automatic customized manufacture and cutting of lenses for an individual customer's spectacles. The parameters computed by the customized lens designer 80 are customized to the customer's face, frame/face fit, and lenses, and may include some or all of the following: backsurface-eyeball distance, lens decentration, bifocal lens position and orientation, progressive lens fitting point (also termed herein the “positioning mark” of the progressive lens), and lens type," and [0120] “In step 440, output is generated which is sent on to the edger and/or the manufacturer including the above parameters generated in steps 410, 420 or 430, and 403, and the frame border which typically arrives from an external source such as the frame manufacturer”).
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However Abitbol does not seem to explicitly teach
modifying the determined data whilst respecting at least one predetermined conception rule, to obtain modified data
manufacturing the frame using the generated modified eyeglass frame manufacturing data
Fonte teaches modifying the determined data whilst respecting at least one predetermined conception rule, to obtain modified data ( [0172] "FIG. 9 shows an example of an eyewear model 901 that was adjusted to eyewear model 902 by altering a parameter for the width 903 of the eyewear around the lens. The advantage of the parameterized eyewear model is that the width 907 of the bridge and nose pads is retained, the height 908 is retained, and the overall aesthetic appearance between eyewear models 901 and 902 is consistent. The parameterization enables a substantial change to just one aspect of the frame 901 without affecting other important elements of the design. The parameterized eyewear model has an advantage in propagating changes from a feature to the rest of the model while constraining all other features").
manufacturing the frame using the generated modified eyeglass frame manufacturing data ([0002] “The invention pertains to the on-demand creating, manufacturing, and delivering one-up custom products from scratch. More particularly, the subject invention creates, manufactures, and delivers custom personal products on-demand that are best suited to the needs and preferences of an individual user by building the product from a specification that is generated from automatic and/or user-guided user-specific preference profiles and by building a unique one-up custom product based on the profiles”).
Abitbol and Fonte are analogous art because they are from the same field of endeavor in custom eye frame manufacturing. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art, to combine Abitbol and Fonte to offer a wide variety of customization options in the custom eyeframes market. “it will be appreciated that the subject invention involves the creation, production and delivering of a wide variety of products that relate to the anatomical or physical characteristics of the user as well as the users preferences for particular product.” (Fonte, [0003])
Regarding Claim 2, Abitbol in view of Fonte teaches the method of claim 1. Fonte further teaches the modifying the determined data comprises modifying the determined data whilst keeping unchanged a frontal 2D projection of the selected frame as the predetermined conception rule ( [0205] "In this case, the additional information provided by the quantitative anatomic model allows the automatic determination of the center of the nose even if the individual 2D images used to construct the quantitative anatomic model were alone not sufficient to perform said measurement (for example, in no 2D image was the user perfectly facing the camera)").
Regarding Claim 3, Abitbol in view of Fonte teaches the method of claim 1. Fonte further teaches further comprising providing an activity for which the modified eyeglass frame is intended ([0187] "Optimal values may vary based other factors entered by the user or determined from the image data, such as gender, age, face shape, eyewear style, purpose of eyewear").
Regarding Claim 4, Abitbol in view of Fonte teaches the method of claim 3. Fonte further teaches wherein the activity for which the modified eyeglass frame is intended is chosen among sport activity, sunny activity, and driving ([0187] " Users choosing eyewear for recreational use may prefer increased frame wrap and a tighter temple fit to reduce wind in their eyes, widen their field of corrected vision, and/or provide more impact or sun protection").
Regarding Claim 5, Abitbol in view of Fonte teaches the method of claim 1. Fonte further teaches wherein the modifying the determined data comprises modifying the determined data whilst keeping constant an eyewear feature chosen among temple size, size of the connection to the temple, nose bridge size and nose shape as the predetermined conception rule ([0208] "The user may use the system to create a model of their eyewear, and adjust the frame color and nose pad width using the methods and systems previously described. The user may also use this system to indicate where on his nose he prefers to wear existing eyewear (for aesthetic, utilitarian, or comfort reasons)").
Regarding Claim 6, Abitbol in view of Fonte teaches the method of claim 1. Abitbol further teaches wherein the modifying the determined data comprises modifying the determined data whilst keeping constant a feature of the selected frame chosen among color, transparency, opacity, pattern, decorative features as the predetermined concept rule ([0143] "Searching by a frame profile including a logical combination of at least one frame attribute stored in frame inventor 40 such as type, material, price, frame contour (oval, rectangular, round, cat-eye), manufacturer, color. Typically, at least one frame-attribute is used automatically by the system to customize the inventory to the customer such as gender, facial size, facial shape (elongate, wide, round) and age category" The attributed searched for is kept constant while the other attributes are queried and provided).
Regarding Claim 7, Abitbol in view of Fonte teaches the method of claim 1. Abitbol further teaches wherein the modifying the determined data comprises modifying the determined data whilst fitting the eyeglass frames to 3D measurements of the head of a wearer as the predetermined conception rule ([0145] "FIG. 6B is a simplified pictorial illustration of a try-on session in which a frame, typically selected using the selection process shown above and the frame identification process of FIG. 6A, is fitted to the customer's 3D face as stored in the system").
Regarding Claim 8, Abitbol in view of Fonte teaches the method of claim 1. Fonte further teaches wherein the conception rule of modifying the determined data comprises modifying a data chosen among pantoscopic angle, base curve, wrap angle, and temple thickness of the frame ([0175] “FIG. 29 illustrates an example of customization achieved with configurable product model; in particular, the ability to combine various parameters to refine and customize a product model. An eyewear model 2900 is configured to the 16 variations in the illustration. The 4 columns 2902 illustrate example configurations of the eyewear lens width 2903 and height 2904. The 4 rows 2901 illustrate the combinations of varying parameters for nose bridge width 2905, the distance 2906 between the temples where they contact the ears, the height 2907 from the front frame to the ears, and other subtle changes. Key features such as the material thickness 2908 and the hinge size and location 2909 remain unchanged” [0124-0127] including “FIG. 6 shows an illustration of the relationship between eyewear 601 and a user's face 602. The locations where the eyewear and face contact are of high importance since they control the fit of the eyewear. The contact locations between the eyewear 601 and the user's nose 603 are shown. Also shown are the contact locations between the eyewear 601 and the user's ears 604, as well as the height and length between the top of the eyewear 605 and top of the ear 606.” “By way of example, FIG. 7 also shows the distance between nosepads of the eyewear 707. In this regard, FIG. 7 shows a model of a nose 711, which is used to derive quantitative measurements, including by not limited to its length 712 and width 713 at various locations. Since each user's nose varies in dimensions, there is a great advantage in being able to precisely measure its size and shape and then custom fit eyewear to perfectly fit that anatomy.” And “FIG. 7 also shows additional measurements of the length of the temples 705 and distance between the temples 706 needed to achieve a fit with the user's face. Further, the brow, cheekbones, length of nose, and width of the head may provide limitations of where eyewear could fit on a user's face. Other dimensions of the face, such as the shape of head, curvatures, the length, shape, and angle of the nose, and more is used to help suggest the best eyewear style and shape for a particular user. The locations of the pupils relative to eyewear are important to ensure good optical quality.” Also see [0302] and Abitbol [0164]).
Regarding Claim 9, Abitbol in view of Fonte teaches the method of claim 1. Fonte further teaches wherein the providing the plurality of eyeglass frames comprises providing a digital frame as one eyeglass frame of the plurality of eyeglass frames ([0021] "The first part is the understanding that what is desired is a from-scratch, one-up customized product that is not manufactured exclusively from off-the-shelf, previously designed, mass-produced, or stock components." the entire concept of the Bespoke is a digital one off eyeglass frame).
Regarding Claim 10, Abitbol in view of Fonte teaches the method of claim 1. Abitbol further teaches wherein the providing the plurality of eyeglass frames comprises providing a physical frame as one eyeglass frame of the plurality of eyeglass frames ([0067] "The frames inventory 40 typically contains a virtual inventory of frames including 3D frame representations which may comprise 3D content files of a multiplicity of frames which may be imported from frame modelling sources working in accordance with a suitable standard such as the Pulse 3D Player standard described at www.pulse.com").
Regarding Claim 11, Abitbol in view of Fonte teaches the method of claim 1. Abitbol further teaches wherein the providing the plurality of eyeglass frames comprises providing a picture of a frame as one of the plurality of eyeglass frames ([0149] " In the illustrated embodiment, a display which takes into account lens parameters is generated by replacing a standard 3D lens object included in each 3D frame image in the frames inventory 40").
Regarding Claim 12, Abitbol in view of Fonte teaches the method of claim 1. Fonte further teaches wherein the modified eyeglass frame manufacturing data allows the modified eyeglass frame to integrate an electronic compound ([0038] "Eyewear includes eyeglass frames, sunglass frames, frames and lenses together, prescription eyewear, non-prescription (piano) eyewear, sports eyewear, or electronic or wearable technology eyewear").
Claims 13, 14-16, and 17-20 recite substantially the same elements as method Claims 3, 5, and 6 respectively, and are rejected on the same grounds.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schwarz et al (US20200142224A1): Discloses customized eye frame manufacturing.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIR DARWISH whose telephone number is (571)272-4779. The examiner can normally be reached 7:30-5:30 M-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emerson Puente can be reached on 571-272-3652. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.E.D./Examiner, Art Unit 2187
/EMERSON C PUENTE/Supervisory Patent Examiner, Art Unit 2187