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 .
Information Disclosure Statement
Information disclosure statements (8 documents) were received on 08/08/2022 and have been considered by the examiner. An additional IDS document was received on 08/10/2022 and has been considered by the examiner.
Claim Objections
Claims 1, 2, 15, and 22 are objected to because of the following informalities:
Claim 1, Line 8, “from a two” should read “from two”.
Claim 1, Line 11, “pattern with a” should read “pattern with an”.
Claim 2, Line 2, “at a online store” should read “at an online store”.
Claim 7, Line 1, “method or claim 6” should read “method of claim 6”.
Claim 15, Line 11, “pattern with a” should read “pattern with an”.
Claim 15, Line 38, “at a online store” should read “at an online store”.
Claim 22, Line 3 “with a image” should read “with an image”.
Appropriate correction is required. Applicant is encouraged to closely review the claims for any additional grammatical errors that may not have been identified by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Grammatical errors mirroring those recited in the claim objections above were noted within the specification. Proposed corrections provided for the claim language is applicable to the specification.
¶171 of the specification recites “using a 8-bit or greater” which should read “using an 8-bit or greater”.
¶ 244 recites “In am implementation” which should read “In an implementation”.
¶248 recites “is a pare of jeans” which should read “is a pair of jeans”.
¶288 recites “pair or pants” which should read “pair of pants”.
¶383 recites “in a on-body” which should read “in an on-body”.
Appropriate correction is required. Applicant is likewise encouraged to closely review the specification for any additional grammatical errors that may not have been identified by the examiner.
The use of trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Some references have included the appropriate symbol indicating use. However, see at least ¶140, 144, 152, 156, 158, 162, 222, 324 for terms which appear to be without the proper indicators. Applicant is encouraged to review the specification for any other instances where a trade mark or trade name is used without proper indicators.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, Lines 5-6 “the selected garment template” lacks antecedent basis. When read in light of the specification, ¶368, it appears that a garment template corresponds to a base template. Previously, in line 4, a garment base was introduced but a template was not. There is a missing correspondence set forth between the selected garment base and the selected garment template. The claim references “the selected garment template” in multiple instances which lack antecedent basis under the same rationale (Lines 9, 12, 14, and 21).
Claim 1, Line 7, “a finishing pattern” had already been introduced previously in Line 3. It is unclear if the elements are distinct from one another or refer to the same item. For purposes of this examination, the elements have been interpreted as referring to the same item and therefore “a finishing pattern” should read “the finishing pattern” in Line 7.
Claim 1, Line 11, “combining a digital input file”. It is unclear if this element is distinct from the previously recited “a digital input file” on line 10. For purposes of this examination, Examiner has interpreted the elements to be referring to the same thing and therefore Line 11 has been read to read “combining the digital input file”.
The dependent claims 2-14 incorporate the deficiencies of claim 1 and are thus rejected under the same rationale.
Claim 2, Line 1, “wherein a customer can order” is indefinite because it is not ascertainable as to whether or not an order occurs or does not occur as part of the methodology.
Claim 15 mirrors the deficiencies noted in claim 1 and is rejected under the same rationale.
Claim 15, Line 38 ,“wherein a customer can order” is indefinite because it is not ascertainable as to whether or not an order occurs or does not occur as part of the methodology.
The dependent claims 16-20 incorporate the deficiencies of claim 15 and are therefore rejected under the same rationale.
Claim 21, Line 8 recites “the first apparel design” which lacks antecedent basis.
Claim 21, Line 10, recites “a screen”. It is unclear if “a screen” is referring to the same element recited previously in line 4 for “a computer screen”. For purposes of this examination, the elements have been interpreted as the same.
Claim 21, Lines 12-13, recites “the first three-dimensional model” which lacks antecedent basis.
Claim 21, Lines 16-17, recites “the second three-dimensional model” which lacks antecedent basis.
Dependent claims 22-23 incorporate the deficiencies of Claim 21 and are therefore rejected under the same rationale.
Claim 22, Line 2, recites “a digital input file”. It is unclear if the element is referring to the same file as recited in Claim 21 or if the element is distinct. For purposes of the examination, the elements have been identified as referring to the same thing.
Claim 23 incorporates the deficiencies of claim 22.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The following section follows the 2019 Patent Eligibility Guidance (PEG) for analyzing subject matter eligibility:
Step 1 - Statutory Category:
Step 1 of the PEG analysis entails considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101 (process, machine, manufacture, or composition of matter).
Step 2A Prong 1 - Judicial exception:
In Step 2A Prong 1, examiners evaluate whether the claim recites a judicial exception (an abstract idea, law of nature, or a natural phenomenon).
Step 2a Prong 2 - Integration into a practical application:
If claims recite a judicial exception, the claim requires further analysis in Step 2A Prong 2. In Step 2A Prong 2, examiners evaluate whether the claim as a whole integrates the exception into a practical application.
Step 2B - Significantly More:
If the additional elements identified in Step 2A Prong 2 do not integrate the exception into a practical application, then the claim is directed to the recited judicial exception and requires further analysis under Step 2B- Significantly More.
As noted in the MPEP 2106.05(II): The identification of the additional element(s) in the claim from Step 2A Prong 2, as well as the conclusions from Step 2A Prong 2 on the considerations discussed in MPEP 2106.05(a) -(c), (e), (f), and (h) are to be carried over. Claim limitations identified as Insignificant Extra-Solution Activities are further evaluated to determine if the elements are beyond what is well -understood, routine, and conventional (WURC) activity, as dictated by MPEP 2106.05(II).
Independent Claims:
Claim 1:
Step 1: Claim 1 and its dependent claims 2-14 are directed to a method which falls within one of the four statutory categories of a process.
Step 2A Prong 1: Claim 1 recites a judicial exception, noted in bold:
as customized by a user- This task can reasonably be read to entail customizing a design, which can be performed practically in the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
providing an option for the user to select a garment base and upon the user’s selection. The claim limitation can be reasonably read to entail observing available finishing patterns and making a judgement to select an option. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
providing an option for the user to select a finishing pattern from a two or more finishing patterns and upon the user’s selection. The claim limitation can be reasonably read to entail observing available finishing patterns and making a judgement to select an option. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
combining a digital input file associated with the selected finishing pattern with a image of the selected garment template to generate a combined image, wherein the combined image is generated by. The claim limitation can be reasonably read to entail combining data from two files to generate a combined image. A human can practically perform this process using the mind and a pen and paper as assistive physical aids by evaluating data and drawing from the observations to create a paper image. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. The recitation of a digital file does not exempt the claim from being interpreted as mental process because the courts do not distinguish between mental processes performed using a computer and not.
generating an adjusted base image from the image of the selected garment template without the selected finishing pattern, The claim limitation can be reasonably read to entail observing the selected garment template image to inform the creation of a modified image. A human can practically perform this task in the human mind while using assistive physical aids such as pen and paper so as to generate an image. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
generating a pattern mask based on the digital input file associated with the selected finishing pattern. The claim limitation can be reasonably read to entail observing the digital input file and using the information to create a judgement as to how to draw a corresponding pattern mask. A human being can make an observation and draw a pattern mask according to the observations using pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
for a pixel at a pixel location of the combined image, obtaining a first contribution for the pixel location of the combined image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected finishing pattern, The claim limitation can be reasonably read to entail observing pixel values for two images and combining them based on an evaluation of the values to create a final contributing value. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. Furthermore, because the claim recites the combination of values, this has been interpreted as a mathematical concept of mathematical calculations as an additional abstract idea.
for the pixel at the pixel location of the combined image, obtaining a second contribution at the pixel location for the combined image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, The claim limitation can be reasonably read to entail observing pixel values for two images and combining them based on the evaluation of the values to create a final contributing value. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. Furthermore, because the claim recites the combination of values, this has been interpreted as a mathematical concept of mathematical calculations as an additional abstract idea.
combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image, and The claim limitation can be reasonably read to entail combining first and second contributions so as to generate a color value. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. When read in light of the specification, a color value is a number (¶351). Accordingly, the combination of numbers to create another number is the recitation of a mathematical calculation. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas as a mathematical concept.
performing a texture mapping of the combined image onto a first three-dimensional model to obtain a first texture-mapped model; The claim limitation can be reasonably read to entail determining a relationship between a texture and a model so as to create a textured model. This task can be performed within the human mind or using a pen and paper as an assistive physical aid, for example, by drawing. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
performing a texture mapping of the combined image onto a second three-dimensional model to obtain a second texture-mapped model, wherein the second three-dimensional model is different from the first three-dimensional model; The claim limitation can be reasonably read to entail determining a relationship between a texture and a model so as to create a textured model. This task can be performed within the human mind or using a pen and paper as an assistive physical aid, for example, by drawing. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
generating a plurality of two-dimensional first images from the first texture-mapped model; and The claim limitation can be reasonably read to entail observing the texture mapped model in order to inform the creation of a two dimensional image. This task can be performed within the human mind or using a pen and paper as an assistive physical aid, for example by drawing a picture. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
generating a plurality of two-dimensional second images from the second texture-mapped model. The claim limitation can be reasonably read to entail observing the texture mapped model in order to inform the creation of a two dimensional image. This task can be performed within the human mind or using a pen and paper as an assistive physical aid, for example by drawing a picture. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
Therefore, the claim recites a judicial exception.
Step 2A Prong 2: Additional elements were identified and are noted in italics.
that shows a preview image of a garment design on a screen … with a finishing pattern- This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) because it merely invokes the use of computers as a tool to perform the existing process.
in the garment design tool, …, showing in the screen a first preview image of the selected garment template;- This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) because it merely invokes the use of computers as a tool to perform the existing process.
wherein each finishing pattern is associated with a digital input file;- This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)) for describing the technological environment by which the mental process is executed.
using the color value for the pixel at the pixel location in the combined image;;- This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for generally amounting to the words “apply it” with regard to the value obtained as part of the mental process.
The courts have found that merely including instructions to implement an abstract idea on a computer or merely using a computer as a tool to perform an abstract idea (Mere Instructions to Apply an Exception (MPEP 2106.05(f))); and generally linking the use of a judicial exception to a particular technological environment or field of use (Field of Use and Technological Environment (MPEP 2106.05(h))) does not integrate the judicial exception into a practical application.
When viewed independently and within the claim as a whole, the additional element does not appear to integrate the judicial exception into a practical application.
Step 2B: As discussed in Step 2A Prong 2, no additional elements were identified as Insignificant Extra Solution Activity (MPEP 2106.05(g)) and therefore no further evaluation is required to determine if the elements are beyond well understood routine and conventional activity. Additional elements identified otherwise and conclusions from Step 2A Prong 2 are carried over for evaluating if the claim, as a whole, amounts to an inventive concept that is significantly more than the judicial exception:
The additional elements were identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) and Field of Use and Technological Environment (MPEP 2106.05(h)), as stated previously. The courts have found that merely using a computer as a tool to perform a mental process, generically reciting “apply it” with regard to the mental process, and generally linking the use of a judicial exception to a particular technological environment does not qualify the limitations as “significantly more” than the recited judicial exception.
With the additional elements viewed independently and as part of the ordered combination, the claim as a whole does not appear to amount to significantly more than the recited judicial exception because the claim is using generic computing components recited at a high level of generality and functioning in their normal capacity to enable the performance of a task that can practically be performed within the human mind or using pen and paper as an assistive physical aid. Therefore, the claim does not include additional elements, alone or in combination that are sufficient to amount to significantly more than the recited judicial exception.
Conclusion: Based on this rationale, the claim has been deemed to be ineligible subject matter under 35 U.S.C. 101.
Claim 15:
Step 1: Claim 15 and its dependent claims 16-20 are directed to a method which falls within one of the four statutory categories of a process.
Step 2A Prong 1: Claim 15 recites a judicial exception, noted in bold:
as customized by a user- This task can reasonably be read to entail customizing a design, which can be performed practically in the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
providing an option for the user to select a garment base and upon the user’s selection. The claim limitation can be reasonably read to entail observing available finishing patterns and making a judgement to select an option. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
providing an option for the user to select a finishing pattern from a two or more finishing patterns and upon the user’s selection. The claim limitation can be reasonably read to entail observing available finishing patterns and making a judgement to select an option. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
combining a digital input file associated with the selected finishing pattern with a image of the selected garment template to generate a combined image, wherein the combined image is generated by. The claim limitation can be reasonably read to entail combining data from two files to generate a combined image. A human can practically perform this process using the mind and a pen and paper as assistive physical aids by evaluating data and drawing from the observations to create a paper image. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. The recitation of a digital file does not exempt the claim from being interpreted as mental process because the courts do not distinguish between mental processes performed using a computer and not.
generating an adjusted base image from the image of the selected garment template without the selected finishing pattern, The claim limitation can be reasonably read to entail observing the selected garment template image to inform the creation of a modified image. A human can practically perform this task in the human mind while using assistive physical aids such as pen and paper so as to generate an image. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
generating a pattern mask based on the digital input file associated with the selected finishing pattern. The claim limitation can be reasonably read to entail observing the digital input file and using the information to create a judgement as to how to draw a corresponding pattern mask. A human being can make an observation and draw a pattern mask according to the observations using pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
for a pixel at a pixel location of the combined image, obtaining a first contribution for the pixel location of the combined image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected finishing pattern, The claim limitation can be reasonably read to entail observing pixel values for two images and combining them based on an evaluation of the values to create a final contributing value. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. Furthermore, because the claim recites the combination of values, this has been interpreted as a mathematical concept of mathematical calculations as an additional abstract idea.
for the pixel at the pixel location of the combined image, obtaining a second contribution at the pixel location for the combined image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, The claim limitation can be reasonably read to entail observing pixel values for two images and combining them based on the evaluation of the values to create a final contributing value. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. Furthermore, because the claim recites the combination of values, this has been interpreted as a mathematical concept of mathematical calculations as an additional abstract idea.
combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image, and The claim limitation can be reasonably read to entail combining first and second contributions so as to generate a color value. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. When read in light of the specification, a color value is a number (¶351). Accordingly, the combination of numbers to create another number is the recitation of a mathematical calculation. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas as a mathematical concept.
performing a texture mapping of the combined image onto a first three-dimensional model to obtain a first texture-mapped model; The claim limitation can be reasonably read to entail determining a relationship between a texture and a model so as to create a textured model. This task can be performed within the human mind or using a pen and paper as an assistive physical aid, for example, by drawing. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
performing a texture mapping of the combined image onto a second three-dimensional model to obtain a second texture-mapped model, wherein the second three-dimensional model is different from the first three-dimensional model; The claim limitation can be reasonably read to entail determining a relationship between a texture and a model so as to create a textured model. This task can be performed within the human mind or using a pen and paper as an assistive physical aid, for example, by drawing. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
generating a plurality of two-dimensional first images from the first texture-mapped model; and The claim limitation can be reasonably read to entail observing the texture mapped model in order to inform the creation of a two dimensional image. This task can be performed within the human mind or using a pen and paper as an assistive physical aid, for example by drawing a picture. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
generating a plurality of two-dimensional second images from the second texture-mapped model. The claim limitation can be reasonably read to entail observing the texture mapped model in order to inform the creation of a two dimensional image. This task can be performed within the human mind or using a pen and paper as an assistive physical aid, for example by drawing a picture. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
wherein a customer can order a product of the garment design …based on the two-dimensional first images before manufacture of the product; This claim limitation can reasonably be read to entail observing images in order to form a judgement and selection for items to be ordered. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. Additionally, this claim recites the organization of human activity of sales activities and behaviors. Accordingly, this claim has also been identified to recite the abstract idea of a method of organizing human activity.
based on the second images, creating a process for manufacturing the product; and This claim can be reasonably read to entail determining the process to manufacture an item based on the evaluation and observation of images. This process can be created as a sequence of steps which can be defined in the human mind and can be output as a series of instructions by using pen and paper as assistive physical aids. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
after the product has been ordered by the customer – This claim limitation can be reasonably read to entail a customer performing a product order. This is the recitation of the organization of human activity for sales activities. Accordingly, this claim recites the judicial exception of abstract ideas of a method of organizing human activity.
Therefore, the claim recites a judicial exception.
Step 2A Prong 2: Additional elements were identified and are noted in italics.
providing a garment design tool that shows a preview image of a garment design on a screen …with a finishing pattern- This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for invoking the use of computers to perform an abstract idea.
in the garment design tool… showing in the screen a first preview image of the selected garment template;- This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for invoking the use of computers to perform an abstract idea
in the garment design tool showing on the screen a second preview image of the selected garment template with the selected finishing pattern- This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for invoking the use of generic computers to perform an abstract idea
wherein each finishing pattern is associated with a digital input file;- This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)) for linking the abstract idea to a particular technological environment
using the color value for the pixel at the pixel location in the combined image; and- This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for generically reciting “Apply it” with regard to the value obtained as part of a mental process
presenting the two-dimensional first images at a online site- This limitation has been identified as Insignificant Extra Solution Activity (MPEP 2106.05(g)) of mere data outputting
from the online site - This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for invoking the use of generic computers for executing an abstract idea
at a manufacturing facility, - This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)) for generally linking the use of the judicial exceptions to a particular technological environment and field of use
making the product using the process for manufacturing the product., - This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for amounting to a generical recitation of “apply it” with regard for the information obtained as part of the mental process.
The courts have found that merely including instructions to implement an abstract idea on a computer or merely using a computer as a tool to perform an abstract idea (Mere Instructions to Apply an Exception (MPEP 2106.05(f))); adding insignificant extra- solution activity to the judicial exception (Insignificant Extra Solution Activity (MPEP 2106.05(g))); and generally linking the use of a judicial exception to a particular technological environment or field of use (Field of Use and Technological Environment (MPEP 2106.05(h))) does not integrate the judicial exception into a practical application.
When viewed independently and within the claim as a whole, the additional element does not appear to integrate the judicial exception into a practical application.
Step 2B: As discussed in Step 2A Prong 2, additional elements were identified as Insignificant Extra Solution Activity (MPEP 2106.05(g)) which must be further evaluated to determine if they are beyond WURC activities. Additional elements identified otherwise and conclusions from Step 2A Prong 2 are carried over for evaluating if the claim, as a whole, amounts to an inventive concept that is significantly more than the judicial exception:
presenting the two-dimensional first images at a online site – This limitation has been identified as the insignificant extra solution activity of mere data outputting, as stated previously. When read in light of the specification and under broadest reasonably interpretation, the limitation includes transmitting data over a network. Transmitting data over a network has been recognized by the courts as a computer function that is well understood, routine, and conventional when claimed in a merely generic manner.
The courts have found that simply appending insignificant extra solution activities that are well-understood, routine, and conventional activities to the judicial exception does not qualify the limitations as “significantly more” than the recited judicial exception. The remaining additional elements were identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) and Field of Use and Technological Environment (MPEP 2106.05(h)), as stated previously. The courts have found that merely using a computer as a tool to perform a mental process and generally linking the use of a judicial exception to a particular technological environment does not qualify the limitations as “significantly more” than the recited judicial exception.
With the additional elements viewed independently and as part of the ordered combination, the claim as a whole does not appear to amount to significantly more than the recited judicial exception because the claim is using generic computing components recited at a high level of generality and functioning in their normal capacity in conjunction with well-understood, routine, and conventional activity to enable the performance of a task that can practically be performed within the human mind or using pen and paper as an assistive physical aid. Therefore, the claim does not include additional elements, alone or in combination that are sufficient to amount to significantly more than the recited judicial exception.
Conclusion: Based on this rationale, the claim has been deemed to be ineligible subject matter under 35 U.S.C. 101.
Claim 21:
Step 1: Claim 21 and its dependent claims 22-23 are directed to a system which falls within one of the four statutory categories of a machine.
Step 2A Prong 1: Claim 21 recites a judicial exception, noted in bold:
generating at least a … file including a finishing pattern, The claim limitation can be reasonably read to entail creating a file with a finishing pattern which can be done practically in the human mind by using a pen and paper as assistive physical aids to draw. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
generates a three-dimensional photorealistic visualization of a finishing pattern of a garment on … and allows editing of the finishing pattern, The claim limitation can be reasonably read to entail generating a 3d photorealistic visualization of a finishing pattern on a garment wherein changes can be made for the visualization. This can be done using pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
the editing … comprises selecting a first combination of a garment template and a first finishing pattern from plurality of finishing patterns, The claim limitation can be reasonably read to entail evaluating options for a garment include a template and a finishing pattern. This observation and judgment can be performed in the human mind. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
a three-dimensional photorealistic visualization of the first apparel design comprises displaying … a three-dimensional model with textures of the first apparel design; The claim limitation can be reasonably read to entail observing a photorealistic visualization of a three dimensional model with textures. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
a first three-dimensional model with textures of the first apparel design obtained by performing a texture mapping of the first apparel design onto the first three-dimensional model; The claim limitation can be reasonably read to entail performing a texture mapping between a design and model, wherein a human being is capable of generating this correspondence in the human mind or using pen and paper as assistive physical aids. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
a second three-dimensional model with textures of the first apparel design obtained by performing a texture mapping of the first apparel design onto the second three-dimensional model, wherein the second three-dimensional model is different from the first three-dimensional model; The claim limitation can be reasonably read to entail performing a texture mapping between a design and model, wherein a human being is capable of generating this correspondence in the human mind or using pen and paper as assistive physical aids. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
a plurality of two-dimensional first images generated from the first three-dimensional model with textures of the first apparel design; and The claim limitation can be reasonably read to entail evaluating a three dimensional model so as to inform the generation of two dimensional images. A human is capable of generating images based on the observations of a model using pen and paper as assistive physical aids. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
a plurality of two-dimensional second images generated from the second three-dimensional model with textures of the first apparel design. The claim limitation can be reasonably read to entail evaluating a three dimensional model so as to inform the generation of two dimensional images. A human is capable of generating images based on the observations of a model using pen and paper as assistive physical aids. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
Therefore, the claim recites a judicial exception.
Step 2A Prong 2: Additional elements were identified and are noted in italics.
a digital design tool, … a digital input …, wherein the digital design tool … computer screen … - This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f))
… permitted by the digital design tool … - This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f))
and saving the first combination as the first apparel design, and - This limitation has been identified as Insignificant Extra Solution Activity (MPEP 2106.05(g))
… on a screen … - This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f))
The courts have found that merely including instructions to implement an abstract idea on a computer or merely using a computer as a tool to perform an abstract idea (Mere Instructions to Apply an Exception (MPEP 2106.05(f))); adding insignificant extra- solution activity to the judicial exception (Insignificant Extra Solution Activity (MPEP 2106.05(g))); and generally linking the use of a judicial exception to a particular technological environment or field of use (Field of Use and Technological Environment (MPEP 2106.05(h))) does not integrate the judicial exception into a practical application.
When viewed independently and within the claim as a whole, the additional element does not appear to integrate the judicial exception into a practical application.
Step 2B: As discussed in Step 2A Prong 2, additional elements were identified as Insignificant Extra Solution Activity (MPEP 2106.05(g)) which must be further evaluated to determine if they are beyond WURC activities. Additional elements identified otherwise and conclusions from Step 2A Prong 2 are carried over for evaluating if the claim, as a whole, amounts to an inventive concept that is significantly more than the judicial exception:
and saving the first combination as the first apparel design, and – This limitation has been identified as insignificant extra solution activity, post-activity solution. When read in light of the specification and under broadest reasonable interpretation, this limitation entails storing information in memory, which has been recognized by the courts as a well understood, routine, and conventional computer function when claimed in a merely generic manner.
The courts have found that simply appending insignificant extra solution activities that are well-understood, routine, and conventional activities to the judicial exception does not qualify the limitations as “significantly more” than the recited judicial exception. The remaining additional elements were identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) and Field of Use and Technological Environment (MPEP 2106.05(h)), as stated previously. The courts have found that merely using a computer as a tool to perform a mental process and generally linking the use of a judicial exception to a particular technological environment does not qualify the limitations as “significantly more” than the recited judicial exception.
With the additional elements viewed independently and as part of the ordered combination, the claim as a whole does not appear to amount to significantly more than the recited judicial exception because the claim is using generic computing components recited at a high level of generality and functioning in their normal capacity in conjunction with well-understood, routine, and conventional activity to enable the performance of a task that can practically be performed within the human mind or using pen and paper as an assistive physical aid. Therefore, the claim does not include additional elements, alone or in combination that are sufficient to amount to significantly more than the recited judicial exception.
Conclusion: Based on this rationale, the claim has been deemed to be ineligible subject matter under 35 U.S.C. 101.
Dependent Claims:
Examiner notes limitations identified as judicial exceptions are indicated in italicized bold and limitations identified as additional elements are indicated using italics.
Claim 2
Step 1: Regarding dependent claim 2, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 2 additionally recites the limitation wherein a customer can order a product of the garment design … based on the two-dimensional first images before manufacture of the product, which can reasonably be read to entail evaluating the images to determine how to place an order for a garment. This task can be performed within the human mind or using a pen and paper as an assistive physical aid. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. This claim limitation further recites sales activity which is a method of organizing human activity. Accordingly, the claim further recites the abstract idea of organizing human activity.
Step 2A Prong 2: Claim 2 additionally recites the limitation presenting the two-dimensional first images. This limitation has been identified as Insignificant Extra Solution Activity (MPEP 2106.05(g)). Further, the claim recites at a online site… from the online site which have been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)). The courts have ruled appending insignificant extra solution activity to a judicial exception and invoking the use of a computer to perform a mental process does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: Because the claim recited an element that was considered insignificant extra solution activity, the claim requires further evaluation to determine if the activity is beyond well understood routine and conventional activity. When read in light of the specification and under broadest reasonable interpretation, presenting the two dimensional first images entails transmitting data over a network. The courts have found that transmitting data over a network, when claimed in a generic manner, is a computer function that is well understood routine and conventional activity. The courts have found that limitations that amount to appending well understood, routine, and conventional activity as well as invoking the use of generic computers to perform a process are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 3
Step 1: Regarding dependent claim 3, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 3 additionally recites the limitation based on the second images, creating a process for manufacturing the product; and, which can reasonably be read to entail observing the second images and creating a process by which to manufacture product. This task can be performed within the human mind or using a pen and paper as an assistive physical aid, for example by a human being creating a sequence of instructions by which to manufacture a product and writing down said instructions. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process. The claim further recites after the product has been ordered by the customer which can reasonably be read to entail performing a sales activity. This activity is considered the recitation of a method of organizing human activities and behaviors as an additional judicial exception.
Step 2A Prong 2: Claim 3 additionally recites the limitation at a manufacturing facility, This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). Additionally, the claim recites making the product using the process for manufacturing the product. This element has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for amounting to generically “apply it” with regard to the information obtained as part of a mental process. The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use, as well as merely reciting the words “apply it” with regard to the judicial exception does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment and field of use and reciting the words “apply it” with regard to the judicial exception are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 4
Step 1: Regarding dependent claim 4, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 4 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 4 additionally recites the limitation wherein the garment design is for a pair of jeans. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment or field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment and field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 5
Step 1: Regarding dependent claim 5, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 5 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 5 additionally recites the limitation wherein the process for manufacturing the product comprises using the digital input file and a laser to form the selected finishing pattern on a garment corresponding to the selected garment template. This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) because the element amounts to reciting merely “apply it” with regard to the information obtained as part of the judicial exception. The courts have ruled reciting the words “apply it” does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to reciting the words “apply it” or equivalent to the judicial exception are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 6
Step 1: Regarding dependent claim 6, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 6 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 6 additionally recites the limitation wherein the first three-dimensional model comprises at least one of an on-body model or pose model. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment or field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 7
Step 1: Regarding dependent claim 7, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 7 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 7 additionally recites the limitation wherein the second three-dimensional model comprises a flat model This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment or field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 8
Step 1: Regarding dependent claim 8, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 8 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 8 additionally recites the limitation wherein the texture mapping comprises at least one of UV mapping or projection mapping. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment or field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 9
Step 1: Regarding dependent claim 9, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 9 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 9 additionally recites the limitation wherein combined image is a color map, and the color map comprises detached garment panels. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment or field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
.
Claim 10
Step 1: Regarding dependent claim 10, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 10 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 10 additionally recites the limitation wherein the garment design is for a pair of jeans, and the color map comprises a first detached garment section comprising a right front leg panel and a right back leg panel, and a second detached garment section comprises a left front leg panel and a left back leg panel, which are detached from the right front leg panel and a right back leg panel. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment or field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 11
Step 1: Regarding dependent claim 11, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 11 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 11 additionally recites the limitation wherein a front view of the second texture-mapped model comprises the right front leg panel coupled to the left front leg panel, and a back view of the second texture-mapped model comprises the right back leg panel coupled to the left back leg panel. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment or field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 12
Step 1: Regarding dependent claim 12, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 12 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 12 additionally recites the limitation allowing the user to rotate the first texture-mapped model of the garment design. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment or field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
Claim 13
Step 1: Regarding dependent claim 13, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 13 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 13 additionally recites the limitation wherein the selected finishing pattern comprises damage assets. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment or field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
Claim 14
Step 1: Regarding dependent claim 14, the judicial exception of independent claim 1 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 14 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 14 additionally recites the limitation wherein the selected finishing pattern is a wear pattern. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment or field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
Claim 16
Step 1: Regarding dependent claim 16, the judicial exception of independent claim 15 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 16 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 16 additionally recites the limitation wherein the process for manufacturing the product comprises using the digital input file and a laser to form the selected finishing pattern on a garment corresponding to the selected garment template. This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)). The courts have ruled reciting the words “Apply it” or generic equivalent with regard to the judicial exception does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to merely reciting “apply it” with regard to the judicial exception are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 17
Step 1: Regarding dependent claim 17, the judicial exception of independent claim 15 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 17 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 17 additionally recites the limitation wherein the first three-dimensional model comprises at least one of an on-body model or pose model, and the second three-dimensional model comprises a flat model. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment and field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 18
Step 1: Regarding dependent claim 18, the judicial exception of independent claim 15 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 18 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 18 additionally recites the limitation wherein the texture mapping comprises at least one of UV mapping or projection mapping. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment and field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 19
Step 1: Regarding dependent claim 19, the judicial exception of independent claim 15 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 19 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 19 additionally recites the limitation wherein the garment design is for a pair of jeans, the combined image is a color map, and the color map comprises a first detached garment section comprising a right front leg panel and a right back leg panel, and a second detached garment section comprises a left front leg panel and a left back leg panel, which are detached from the right front leg panel and a right back leg panel. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment and field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 20
Step 1: Regarding dependent claim 20, the judicial exception of independent claim 15 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 20 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 20 additionally recites the limitation wherein a front view of the second texture-mapped model comprises the right front leg panel coupled to the left front leg panel, and a back view of the second texture-mapped model comprises the right back leg panel coupled to the left back leg panel. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment and field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 22
Step 1: Regarding dependent claim 22, the judicial exception of independent claim 21 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 22 additionally recites the limitation wherein the first apparel design comprises first apparel design preview comprising a combined image generated by combining a digital input file associated with the first finishing pattern with a image of the garment template comprising
generating an adjusted base image from the image of the garment template without the first finishing pattern,
generating a pattern mask based on the digital input file associated with the first finishing pattern,
for a pixel at a pixel location of the combined image, obtaining a first contribution for the pixel location of the combined image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the garment template without the first finishing pattern,
for the pixel at the pixel location of the combined image, obtaining a second contribution at the pixel location for the combined image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image,
combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the first apparel design preview, and, which are substantially similar to the judicial exceptions recited in independent claims 1 and 15 and are therefore rejected under the same rationale.
Step 2A Prong 2: Claim 22 additionally recites the limitation using the color value for the pixel at the pixel location in the combined image. This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)). The courts have ruled merely reciting the words “Apply it” or a generic equivalent does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to merely reciting the words “apply it” are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim 23
Step 1: Regarding dependent claim 23, the judicial exception of independent claim 21 is further incorporated. The claim falls within the corresponding statutory category as stated previously.
Step 2A Prong 1: Claim 23 does not recite any additional judicial exceptions.
Step 2A Prong 2: Claim 23 additionally recites the limitation wherein the first apparel design preview comprises a two-dimensional image. This limitation has been identified as Field of Use and Technological Environment (MPEP 2106.05(h)). The courts have ruled generally linking the use of a judicial exception to a particular technological environment and field of use does not integrate the judicial exception into a practical application. With the additional element viewed in conjunction with the other limitations, the claim as a whole does not appear to integrate the judicial exception into a practical application.
Step 2B: The courts have found that limitations that amount to generally linking the use of a judicial exception to a particular technological environment and field of use are not enough to qualify the claim as significantly more than the abstract idea. Therefore, the claim does not include additional elements, alone or in the ordered combination that are sufficient to amount to significantly more than the recited judicial exception.
This claim is not eligible subject matter under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-7, 9, 12-14, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Shultz et al (US 20200048825 A1), hereinafter referred to as Schultz ‘825 in view of Schultz et al (US 20190129604 A1), hereinafter referred to as Schultz ‘604,
Regarding claim 1, Schultz ‘825 discloses (except the limitations surrounded by brackets ([[..]])) A method comprising: A method is disclosed (Schultz ‘825, Claim 21)
providing a garment design tool that shows a preview image of a garment design on a screen as customized by a user with a finishing pattern; A digital design tool including a preview tool is provided ((Schultz ‘825, ¶152) " FIG. 17 shows a block diagram of a specific implementation of a digital design tool and a preview tool 1703."); ((Schultz ‘825, ¶153) " Preview tool 1703 can be a single tool in a toolbox or toolkit used for laser finishing of garments, or the tool can be incorporated as a feature of another tool."). The design tool is described as being used for a garment design which includes visualization functionality on a computer system ((Schultz ‘825, ¶149) “There is a digital design tool 1616 merchants and design can use to click and drag finish effects ( e.g., laser files) and tint casts over images of base washes in order to visualize possible combinations and build the line visually before the garment finish is actually finished by the laser. The visualizations can be by rendering on a computer system, such as using three-dimensional (3D) graphics”). The garment is described as being customized by a user selectable option for finishing patterns ((Schultz ‘825, ¶232) " The preview tool includes a user selectable option 4515 for selecting a finishing pattern that may be formed on a garment, such as jeans."). A preview image is provided for a designed garment with a selected pattern. ((Schultz ‘825, ¶12) " After one or more of the first, second, or third ordering options are selected, the three-dimensional preview of the garment is updated in the first order screen in real time to display the three-dimensional preview of the garment with one or more of a selected shade of the material, a selected pattern, or a selected damage.")
in the garment design tool, providing an option for the user to select a garment base and upon the user’s selection, showing in the screen a first preview image of the selected garment template; The preview tool includes a user selectable option for a shade of denim for a base jean template ((Schultz ‘825, ¶231) " In an implementation, the preview tool includes a user selectable option 4510 for selecting the shade of denim of the base template jeans. The use selectable option may include a dropdown menu. There can be a number of base templates colors to choose from where the base templates have different colors of denim."). The selected shade results in a preview image for the garment ((Schultz ‘825, ¶231) " The dropdown menu for denim shape selection may include a graphical indicator (e.g., rectangle around the indigo sky option) that indicates the particular shade of denim is selected. Each preview image (e.g., jeans) for the different shades is shown as three-dimensional images."). In Schultz ‘825, Figure 46, the preview image is depicted on the screen of a mobile device such as a phone or tablet.
in the garment design tool, providing an option for the user to select a finishing pattern from a two or more finishing patterns and upon the user’s selection, showing on the screen a second preview image of the selected garment template with the selected finishing pattern, wherein each finishing pattern is associated with a digital input file; The preview tool includes a user selectable option for a plurality of finishing patterns, wherein the selection of the pattern corresponds to the pattern displayed on the preview ((Schultz ‘825, ¶232-233) "The preview tool includes a user selectable option 4515 for selecting a finishing pattern that may be formed on a garment, such as jeans. The user selectable option 4515 may include a dropdown menu. A finishing pattern may be applied by the laser of the mobile finishing center 10 to jeans, such as jeans shown in the base template jeans image in the preview tool 1703. FIG. 47 shows a dropdown menu in a dropdown state when the user-selectable option 4515 is selected for the finishing patterns. The finishing patterns may include a wear pattern 4515a that is associated with a naturally worn pattern that forms on a garment from extended wear, washing, or both. The finishing patterns may include one or more fanciful design patterns 4515b-4515d. The design patterns may include a paisley type pattern, also referred to as a bandana pattern 4515b. FIG. 47 shows the dropdown menu with the finishing pattern 4515b selected and shows the bandana pattern on the previewed jeans."). The preview tool presents a preview image to the screen and the selected laser pattern is associated with a laser input file (as a digital input file) ((Schultz ‘825, ¶153) "The preview tool allows a user such as a clothing designer to preview on a computer screen or to generate a digital representation ( e.g., image file, JPEG file, BMP file, TIFF file, GIF file, PNG file, PSD file, or others) of jeans in a selected base fit fabric or fabric template 1706 with a selected laser pattern 1709 (e.g. ,from a laser input file)."). The laser input file corresponds to a wear pattern ((Schultz ‘825, ¶93) " The laser acts like a printer and "prints," "marks," "burns," or "ablates" a wear pattern (specified by input file 210) onto the garment.")
combining a digital input file associated with the selected finishing pattern with a image of the selected garment template to generate a combined image, wherein the combined image is generated by A laser pattern mask, which is derived from the laser input file, is combined with a base image of a garment ((Schultz ‘825, ¶181-182) " To obtain a final result, which is the final image of the jeans with laser finishing pattern, a laser pattern mask is combined with the base image and HSL adjustment layer. A resulting combination will be based on intensity and bright point settings. The laser pattern mask is a negative image or reverse image of the laser input file."). The laser pattern mask is associated with a wear pattern ((Schultz ‘825, ¶93) "The laser acts like a printer and "prints," "marks," "burns," or "ablates" a wear pattern (specified by input file 210) onto the garment."). The wear pattern is exemplary of a finishing pattern ((Schultz ‘825, ¶233) "The finishing patterns may include a wear pattern 4515a that is associated with a naturally worn pattern that forms on a garment from extended wear, washing, or both.").
generating an adjusted base image from the image of the selected garment template without the selected finishing pattern, An adjusted base template image is created from the base template image ((Schultz ‘825, ¶254) "The adjusted base template image is created from the base template image by adjusting its hue, saturation, or lightness, or any combination of these. Compared to the original base template image, the adjusted base template image will appear washed out or bleached. In other words, the adjusted base template image will appear as if the garment in the base template image were fully bleached or lasered. The adjusted base template image can be an HLS adjustment layer as discussed above."). The base image template is selected and does not include the selected finishing pattern ((Schultz ‘825, ¶180) "FIG. 19 shows a technique of generating a preview of a finished image using a digital brief tool. A base image ( or fabric template input) is selected. A hue saturation lightness (HSL) adjustment layer is created or generated for the selected base image. The HSL adjustment layer can be the base layer with an adjustment for hue saturation lightness. When tinting is selected, a solid color adjustment layer is created or generated.")
generating a pattern mask based on the digital input file associated with the selected finishing pattern, Schultz ‘825, Figure 20 shows a laser pattern mask that is created from a laser input file. The digital brief tool creates the laser pattern mask from the laser input file by reversing the laser input file. ((Schultz ‘825, ¶183) " FIG. 20 shows a laser pattern mask that is created from a laser input file. The digital brief tool creates the laser pattern mask from the laser input file by reversing the laser input file."). The laser input file corresponds to the wear pattern ((Schultz ‘825, ¶93) "The laser acts like a printer and "prints," "marks," "burns," or "ablates" a wear pattern (specified by input file 210) onto the garment."). The wear pattern is exemplary of a finishing pattern ((Schultz ‘825, ¶233) "The finishing patterns may include a wear pattern 4515a that is associated with a naturally worn pattern that forms on a garment from extended wear, washing, or both.").
[[for a pixel at a pixel location of the combined image, obtaining a first contribution for the pixel location of the combined image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected finishing pattern, ]]
[[for the pixel at the pixel location of the combined image, obtaining a second contribution at the pixel location for the combined image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image,]]
[[combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image, and]]
[[using the color value for the pixel at the pixel location in the combined image;]]
performing a texture mapping of the combined image onto a first three-dimensional model to obtain a first texture-mapped model; Texture mapping is described for a shadow neutral texture to a 3D model of a front view and a back view (as the first texture mapped model) ((Schultz ‘825, ¶283-284) " A specific example of map shadow neutral texture to three-dimensional (3D) model 5830 follows. FIG. 63A shows a created shadow neutral texture 6307. FIG. 63B shows a front view of a three-dimensional model, which the shadow neutral texture will be applied or mapped to. FIG. 63C shows a result of mapping the shadow neutral texture to the three-dimensional model. This figure shows the front of the garment with the form and wrinkles resulting from the mapping to the three-dimensional model. This image can be used as a three-dimensional preview image."). Utilization of multiple three dimensional models, such as a first and second model are suggested, wherein the shadow neutral texture can be applied to both the first and second models ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image. Similarly, FIG. 63D shows a back or rear view of the three-dimensional model, which the shadow neutral texture will be applied or mapped to. FIG. 63E shows a result of mapping the shadow neutral texture to the three-dimensional model. This figure shows the back of the garment with the form and wrinkles resulting from the mapping to the three-dimensional model. This image can be used as a three-dimensional preview image."). The shadow neutral texture corresponds to the selected shade, pattern and tint (which these components comprise the final combined image), thereby indicating that the texture mapping is of the combined image ((Schultz, Claim 15) " The system of claim 1 wherein to generate the three-dimensional preview rendering, the tablet computer selects a shadow neutral texture corresponding to the selected shade, selected pattern, and selected tint and applies the shadow neutral texture to a three-dimensional model."); See also Schultz ‘825 Figure 19 depicting shade, pattern and tint comprising the final result.
performing a texture mapping of the combined image onto a second three-dimensional model to obtain a second texture-mapped model, wherein the second three-dimensional model is different from the first three-dimensional model; Texture mapping is described for a shadow neutral texture to a 3D model of a front view and a back view (as the first texture mapped model) ((Schultz ‘825, ¶283-284) " A specific example of map shadow neutral texture to three-dimensional (3D) model 5830 follows. FIG. 63A shows a created shadow neutral texture 6307. FIG. 63B shows a front view of a three-dimensional model, which the shadow neutral texture will be applied or mapped to. FIG. 63C shows a result of mapping the shadow neutral texture to the three-dimensional model. This figure shows the front of the garment with the form and wrinkles resulting from the mapping to the three-dimensional model. This image can be used as a three-dimensional preview image."). Utilization of multiple three dimensional models, such as a first and second model are suggested, wherein the shadow neutral texture can be applied to both the first and second models. The models can be different from one another, wherein each may correspond to a different fit or style. ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image. Similarly, FIG. 63D shows a back or rear view of the three-dimensional model, which the shadow neutral texture will be applied or mapped to. FIG. 63E shows a result of mapping the shadow neutral texture to the three dimensional model. This figure shows the back of the garment with the form and wrinkles resulting from the mapping to the three-dimensional model. This image can be used as a three-dimensional preview image."). The shadow neutral texture corresponds to the selected shade, pattern and tint (which these components comprise the final combined image), thereby indicating that the texture mapping is of the combined image ((Schultz ‘825, Claim 15) " The system of claim 1 wherein to generate the three-dimensional preview rendering, the tablet computer selects a shadow neutral texture corresponding to the selected shade, selected pattern, and selected tint and applies the shadow neutral texture to a three-dimensional model."); See also Schultz ‘825 Figure 19 depicting shade, pattern and tint comprising the final result.
generating a plurality of two-dimensional first images from the first texture-mapped model; and Digital representations from the preview tool can be saved as separate images or in a brief((Schultz ‘825, ¶160) " Each digital representation can be saved as separate images, and a group or set of the images can be a called brief of collection of jeans. The preview tool can be used for merchandising, such as generating images of a proposed line of products for a particular season, and these images can be shared among members of a team to discuss any additions, changes, or deletions to a collection."). The preview tool is described as displaying the texture-mapped models ((Schultz ‘825, ¶227) " The garment preview image shows the garment in a three-dimensional view. The three-dimensional view of the garment preview image shows how a garment that is being customized using the preview tool will appear on the user's body when the user purchases and wears the garment. In an implementation, the garment preview image in the three-dimension view is a pare of jeans, but can be any garment, such as a jacket, shorts, shirts, hat, backpack, scarf, hat, or other garment items."). Multiple 3d models with texture may be made, to include first and second 3d models ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image")
generating a plurality of two-dimensional second images from the second texture-mapped model. Digital representations from the preview tool can be saved as separate images or in a brief((Schultz ‘825, ¶160) " Each digital representation can be saved as separate images, and a group or set of the images can be a called brief of collection of jeans. The preview tool can be used for merchandising, such as generating images of a proposed line of products for a particular season, and these images can be shared among members of a team to discuss any additions, changes, or deletions to a collection."). The preview tool is described as displaying the texture-mapped models ((Schultz ‘825, ¶227) " The garment preview image shows the garment in a three-dimensional view. The three-dimensional view of the garment preview image shows how a garment that is being customized using the preview tool will appear on the user's body when the user purchases and wears the garment. In an implementation, the garment preview image in the three-dimension view is a pare of jeans, but can be any garment, such as a jacket, shorts, shirts, hat, backpack, scarf, hat, or other garment items."). Multiple 3d models with texture may be made, to include first and second 3d models ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image").
Schultz ‘825 alone does not explicitly disclose; however, Schultz ‘825 in view of Schultz ‘604 discloses for a pixel at a pixel location of the combined image, obtaining a first contribution for the pixel location of the combined image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected finishing pattern, ((Schultz ‘604, ¶179) "To determine a final pixel value for a pixel of a preview image (see equation above), a first contribution for the pixel location is obtained by combining (e.g., multiplying) a color value for pixel corresponding to the pixel location for the pattern mask and a color value of a pixel corresponding to the pixel location for a base image ( e.g., filter value or pattern mask value).")
for the pixel at the pixel location of the combined image, obtaining a second contribution at the pixel location for the combined image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, ((Schultz ‘604, ¶179) " A second contribution is obtained by combining (e.g., multiplying) a color value for a pixel corresponding to the pixel location for the pattern mask and a color value for a pixel corresponding to the pixel location for the adjusted base image ( e.g., 1 minus the filter value or 100 minus the filter value, if percentages are used).")
combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image, and ((Schultz ‘604, ¶179) " The first and second contributions are combined or added together to obtain the final pixel value for the preview image")
using the color value for the pixel at the pixel location in the combined image; ((Schultz ‘604, Claim 1) " displaying the color value for the pixel at the pixel location in the second preview image.")
Schultz ‘825 and Schultz ‘604 are analogous to the claimed invention because they are related to the same field of endeavor of design and visualization tools for manufacturing of garments. It would have been obvious to one of ordinary skill to which said subject matter pertains at the time the invention was filed to have implemented the functionality of obtaining contributions of pixel locations to generate and use a color value for the combined image because combining the prior art references to include the functionality would yield predictable results. Schultz ‘825 discloses that the image data of the garment preview image is comprised of bitmap data from multiple bitmap files ((Schultz ‘825, Claims 22 and 23) " 22. The method of claim 21 wherein the base garment image is a first bitmap file, the HSL adjust layer is a second bitmap file, and the laser input file for the selected pattern is a third bitmap file, and the garment preview image is a combination of the first, second, and third bitmap files. 23. The method of claim 22 wherein the image data of the garment preview image is combined bitmap data of the first, second, and third bitmap files."). Schultz ‘825 further discloses that the files are comprised of pixels, wherein the pixels are each represented by 8-bit values corresponding to colors ((Schultz ‘825, ¶155-156) "Bitmaps or raster graphics are resolution dependent while vector graphics are resolution independent. Raster graphics generally cannot scale up to an arbitrary resolution without loss of apparent quality. This property contrasts with the capabilities of vector graphics, which generally easily scale up to the quality of the device rendering them. A raster graphics image is a dot matrix data structure representing a generally rectangular grid of pixels, or points of color, viewable via a monitor, paper, or other display medium. A bitmap, such as a single-bit raster, corresponds bit-for-bit with an image displayed on a screen or output medium. A raster is characterized by the width and height of the image in pixels and by the number of bits per pixel ( or color depth, which determines the number of colors it can represent)."). Pixel values are described as being combined ((Schultz ‘825, ¶185) "A technique of the digital brief tool is to combine the base image and adjustment layer based on the laser pattern mask. For a black pixel in the laser pattern mask, the base layer will fully pass (and none of the adjustment layer) through to the final result image. For a white pixel in the laser pattern mask, the adjustment layer (and none of the base layer) will fully pass through to the final result image. For gray pixel values, then a percentage of the base layer and adjustment layer will pass through to the final result image. For example, for a value in the layer pattern mask, 90 percent of the base layer and 10 percent of the adjustment layer pass through to the final result image."). Each pixel of the laser input file is represented by an 8 bit value ((Schultz ‘825, ¶195) " For a specific implementation of a laser, a specification for the laser input file is that each pixel is represented by an 8-bit binary value, which represents grayscale value in a range from Oto 255. AO black prints the highest intensity (i.e., creates the most change and will be the lightest possible pixel) and a 255 white does not print at all (i.e., creates the least change or will be the darkest possible pixel)."). Schultz ‘604 discloses generating the garment preview image according to the contributions of pixel locations for different image files and demonstrates predictable results for functionality of this process (Schultz ‘604, ¶177-180). Accordingly, the combination would have been obvious.
Regarding claim 3, the proposed combination discloses The method of claim 1 comprising: as stated previously.
The proposed combination in further view of Schultz ‘825 discloses at a manufacturing facility, based on the second images, creating a process for manufacturing the product; and A mobile finishing center is utilized and includes functionality for designing and manufacturing garments ((Schultz ‘825, ¶9) "The finishing center includes laser to finish a garments to have a faded, distressed, washed, or worn finish or desired appearance. The mobile finishing center is self contained and can be driven to a location where consumers can select, view a preview of apparel products, order apparel products, and then the products will be manufactured on site."). The generated images from the texture mapped model are referred to as a brief, as stated previously ((Schultz ‘825, ¶160) " Each digital representation can be saved as separate images, and a group or set of the images can be a called brief of collection of jeans. The preview tool can be used for merchandising, such as generating images of a proposed line of products for a particular season, and these images can be shared among members of a team to discuss any additions, changes, or deletions to a collection."). The digital brief tool enables images to be saved as saved designs ((Schultz ‘825, ¶179) " After the user has performed selected operations 1826, the digital brief tool shows an image of the jeans with the laser finishing pattern, including any tinting, damage, or other adjustments, as created by the user. This image can be saved and viewed again later. A user can create multiple designs, and these can be saved together as part of a collection."). A design (as the design generated from images in the brief) is used by a laser to impart a finishing pattern ((Schultz ‘825, ¶86) " The additional finishing may include laser finishing, tinting, washing, softening, and fixing. For distressed denim products, the laser finishing can include using a laser to produce a wear pattern according to a design 127 (design II)."). A laser finishing process is described for use at the mobile finishing center ((Schultz ‘825, ¶81) " FIG. 1 shows a process flow 101 for manufacturing apparel such as jeans, where garments are finished using a laser. The fabric or material for various apparel including jeans is made from natural or synthetic fibers 106, or a combination of these. A fabric mill takes fibers and processes 109 these fibers to produce a laser-sensitive finished fabric 112, which has enhanced response characteristics for laser finishing.").
after the product has been ordered by the customer, making the product using the process for manufacturing the product. ((Schultz ‘825, ¶Claim 21) " providing for ordering a target garment matching the garment preview image and for a computer controller laser system to use the laser input file for the selected finishing pattern to laser the selected finishing pattern on the target garment. ");((Schultz ‘825, ¶237) " By selecting different combinations of laser files and base jeans templates, a customer can create numerous different jeans designs and have these manufactured by the mobile finishing center. "); ((Schultz ‘825, ¶245) "After the purchase is made, the garment may be laser processed in the mobile finishing center and the finished garment deliver to a purchaser is a relatively short time, such as half of an hour to three hours ( e.g., about the length of a sports match).")
Regarding claim 4, the proposed combination discloses The method of claim 1 as stated previously.
The proposed combination in further view of Schutlz ‘825 discloses wherein the garment design is for a pair of jeans. ((Schultz ‘825, ¶84) "Although this patent describes the apparel processing and finishing with respect to jeans, the invention is not limited jeans or denim products, such as shirts, shorts, jackets, vests, and skirts."); ((Schultz ‘825, ¶87) " Design 127 ( design II) is for post-assembly aspects of a garment while design 115 is for preassembly aspects of a garment. After finishing 124, a finished product 130 (e.g., a pair of jeans) is complete and ready for sale").
Regarding claim 5, the proposed combination discloses The method of claim 1 as stated previously.
The proposed combination in further view of Schultz ‘825 discloses wherein the process for manufacturing the product comprises using the digital input file and a laser to form the selected finishing pattern on a garment corresponding to the selected garment template. An apparel manufacturing process is described as utilizing a laser ((Schultz ‘825, ¶81) “FIG. 1 shows a process flow 101 for manufacturing apparel such as jeans, where garments are finished using a laser.”) A laser finishing system is utilized to impose patterns on the fabric of a garment, wherein a user adds a pattern to the garment ((Schultz ‘825, ¶204-205) " FIG. 30 shows a screen where the user can add a pattern or artwork, such as a logo, to add to a garment. These pattern or patterns will be applied onto the fabric of the garment by a laser finishing system. FIG. 31 shows a screen showing additional patterns or artwork, in addition to, for example, logos, the user can select from. For example, these patterns can include camo or camouflage, plaids, stripes, and others. These patterns can be repeated multiple times to extend in multiple directions, to increase the area of coverage on a garment. These pattern or patterns will be applied onto the fabric of the garment by a laser finishing system."). Figure 30 depicts the garment corresponding to the selected template by which the pattern is applied. The laser is controlled by an input file ((Schultz ‘825, ¶91) "The laser is controlled by an input file 210 and control software 213 to emit a laser beam onto fabric at a particular position or location at a specific power level for a specific amount of time");
Regarding claim 6, the proposed combination discloses The method of claim 1 as stated previously.
The proposed combination discloses in further view of Schultz ‘825 wherein the first three-dimensional model comprises at least one of an on-body model or pose model. Figures 45-46 depict a three-dimensional model of a garment on a body. ((Schultz ‘825, ¶55) " FIGS. 45-46 show a computer system 1301 or 1401 (e.g., a smartphone or tablet computer) operating the preview tool 1703, the digital brief tool 1803, or the consumer digital brief tool, or any combination of these tools. ")
Regarding claim 7, the proposed combination discloses The method or claim 6 as stated previously.
The proposed combination in further view of Schultz ‘825 discloses wherein the second three-dimensional model comprises a flat model. Figure 38 depicts a flat model of a pair of jeans as a three-dimensional model. ((Schultz ‘825, ¶223) "In am implementation, each of the garment preview images shown in FIGS. 38-44 is a three-dimensional garment preview image. The three-dimensional garment preview images allow a user to see how the customized garments will appear on their body. In an implementation the garment preview images and the three-dimensional garment preview images are rotatable. Thus, a user can see how the garment will appear on their body from more than one point of view ( e.g., angles of rotation), such as two or more points of view")
Regarding claim 9 the proposed combination discloses The method of claim 1 as stated previously.
The proposed combination in further view of Schultz ‘825 discloses except the limitations wherein combined image is a color map, and the color map comprises detached garment panels. Digital representation files are described as being bitmap or raster files, wherein the raster files are described as comprising pixels with corresponding color values, thereby indicating a color map file type ((Schultz ‘825, ¶154-157) " Some files are described as being of an image file type. Some examples of image file types or file formats include bitmap or raster graphics formats including IMG, TIFF, EXIF, JPEG, GIF, PNG, PBM, PGM, PPM, BMP, and RAW. The compression for the file can be lossless (e.g. , TIFF) or lossy (e.g., JPEG). Other image file types or file formats include vector graphics including DXF, SVG, and the like. Bitmaps or raster graphics are resolution dependent while vector graphics are resolution independent. Raster graphics generally cannot scale up to an arbitrary resolution without loss of apparent quality. This property contrasts with the capabilities of vector graphics, which generally easily scale up to the quality of the device rendering them. A raster graphics image is a dot matrix data structure representing a generally rectangular grid of pixels, or points of color, viewable via a monitor, paper, or other display medium. A bitmap, such as a single-bit raster, corresponds bit-for-bit with an image displayed on a screen or output medium. A raster is characterized by the width and height of the image in pixels and by the number of bits per pixel ( or color depth, which determines the number of colors it can represent). The BMP file format is an example of a bitmap. The BMP file format, also known as bitmap image file or device independent bitmap (DIB) file format or simply a bitmap, is a raster graphics image file format used to store bitmap digital images, independently of the display device. The BMP file format is capable of storing two-dimensional digital images of arbitrary width, height, and resolution, both monochrome and color, in various color depths, and optionally with data compression, alpha channels, and color profiles. "). The shadow neutral texture (combined image) is described as having a color layer ((Schultz ‘825, ¶281-282) “To create the shadow neutral texture, the extracted shadow neutral pattern pieces are combined with a color layer, which typically is a color which is close to that of a color the garment. For example, for blue jeans, the color layer used will be a similar shade of blue or indigo as on the blue jeans. The color layer of the shadow neutral texture allows stitching together of the different neutral pattern pieces, when mapped to a three-dimensional model, such any potential gaps between the pattern pieces will appear seamless. For example, if a very different color is used for the color layer, such as white, than the jeans color, then gaps that do not exactly align may show this color (e.g., white line)."). Figure 62 depicts detached garment panels, wherein 62D is described as the texture created including the color layer ((Schultz ‘825, ¶280) " FIG. 62D shows a shadow neutral texture created using the extracted shadow neutral pattern pieces and a color layer 6202.")
Regarding claim 12, the proposed combination discloses The method of claim 1 comprising: as stated previously.
The proposed combination in further view of Schultz ‘825 discloses allowing the user to rotate the first texture-mapped model of the garment design. Preview images are described as being rotatable ((Schultz ‘825, ¶228) " In an implementation, the garment preview image is rotatable and each of the rotated view of the garment preview image is a three-dimensional image. The multiple three-dimensional view of the preview garment image allows the user to see how the garment will appear on the user's body from multiple viewpoints (e.g., multiple angles of rotation)."); A shadow natural texture can be mapped to a first three dimensional model to create a preview image which is rotatable, as stated previously. ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image")
Regarding claim 13, the proposed combination discloses The method of claim 1 as stated previously.
The proposed combination in further view of Schultz ‘825 discloses wherein the selected finishing pattern comprises damage assets. ((Schultz ‘825, ¶179) "After the user has performed selected operations 1826, the digital brief tool shows an image of the jeans with the laser finishing pattern, including any tinting, damage, or other adjustments, as created by the user."); ((Schultz ‘825, ¶169) " The digital brief tool takes as input three types of digital assets 1805, fabric template input 1816, damage input 1819 (e.g., damage input file), and laser input file 1822. Fabric template input 1816 and laser input file 1822 are similar to the inputs for the preview tool. Damage input 1819 is an image of damage (e.g., holes, rips, shredded regions, or openings of various shapes and sizes) that can be burned or ablated by a laser into jeans. The digital brief tool overlays the damage and laser input files over the fabric template.")
Regarding claim 14, the proposed combination discloses The method of claim 1 as stated previously.
The proposed combination in further view of Schultz ‘825 discloses wherein the selected finishing pattern is a wear pattern. ((Schultz ‘825, ¶233) " The finishing patterns may include a wear pattern 4515a that is associated with a naturally worn pattern that forms on a garment from extended wear, washing, or both.")
Regarding claim 21, Schultz ‘825 discloses A system comprising: ((Schultz ‘825, ¶202) "The computer system is adapted to store and run computer code for the preview tool, the digital design tool, the consumer digital design tool, or any combination of these tools.")
a digital design tool, generating at least a digital input file including a finishing pattern, wherein the digital design tool generates a three-dimensional photorealistic visualization of a finishing pattern of a garment on a computer screen and allows editing of the finishing pattern, ((Schultz ‘825, ¶202) "The computer system is adapted to store and run computer code for the preview tool, the digital design tool, the consumer digital design tool, or any combination of these tools."). The laser input file can be created by the user, wherein the file contains a laser pattern that dictates the finish on a garment. ((Schultz ‘825, ¶158) "The laser input file can be selected from a library oflaser input files 1722 ( e.g., files created from vintage jeans or from a group of designers), a file 1718 created by the user, or a file uploaded or provided by the user. For example, the user may have created the laser pattern ( contained within a laser input file) manually using a graphical or image editing tool (e.g., Adobe Photoshop and similar photo editing programs). Or the laser pattern may have been created by another, such as selected from a library of laser files. The laser pattern may be generated by a computer or automated process, such as may be used to obtain a laser pattern from vintage jeans. The user will be able to see the results of a bum or ablation, make any manual changes or alterations to the pattern (such as additional changes to a vintage jeanspattern in a digital image file) and preview the results again."). Preview images are generated to show 3D renderings with realistic light views ((Schultz ‘825, ¶231) "Each preview image includes three-dimensional shadowing for the three dimensional images so that the user can see how the garments look in realistic lighted scene."). The preview includes a finishing pattern formed on a pair of jeans ((Schultz, ¶232) "The preview tool includes a user selectable option 4515 for selecting a finishing pattern that may be formed on a garment, such as jeans."). The preview image is displayed on a computer screen ((Schultz ‘825, ¶253) "These create preview image process uses these three inputs to create a preview image 5727, which can be displayed on a computer screen for the user."). The finishing pattern may be selectable by a user (editable) ((Schultz ‘825, ¶232) "The preview tool includes a user selectable option 4515 for selecting a finishing pattern that may be formed on a garment, such as jeans.")
the editing permitted by the digital design tool comprises selecting a first combination of a garment template and a first finishing pattern from plurality of finishing patterns, and saving the first combination as the first apparel design, and A template for a base is selectable ((Schultz ‘825, ¶231) " In an implementation, the preview tool includes a user selectable option 4510 for selecting the shade of denim of the base template jeans. The use selectable option may include a dropdown menu. There can be a number of base templates colors to choose from where the base templates have different colors of denim."). The finishing pattern is selectable ((Schultz ‘825, ¶232-233) "The preview tool includes a user selectable option 4515 for selecting a finishing pattern that may be formed on a garment, such as jeans. The user selectable option 4515 may include a dropdown menu. A finishing pattern may be applied by the laser of the mobile finishing center 10 to jeans, such as jeans shown in the base template jeans image in the preview tool 1703. FIG. 47 shows a dropdown menu in a dropdown state when the user-selectable option 4515 is selected for the finishing patterns. The finishing patterns may include a wear pattern 4515a that is associated with a naturally worn pattern that forms on a garment from extended wear, washing, or both. The finishing patterns may include one or more fanciful design patterns 4515b-4515d. The design patterns may include a paisley type pattern, also referred to as a bandana pattern 4515b. FIG. 47 shows the dropdown menu with the finishing pattern 4515b selected and shows the bandana pattern on the previewed jeans."). The preview image is generated to include both the base and the finishing pattern, in Schultz ‘825, Figure 46, the preview image is depicted on the screen of a mobile device such as a phone or tablet, wherein there is a button on the interface to save the design.
a three-dimensional photorealistic visualization of the first apparel design comprises displaying on a screen a three-dimensional model with textures of the first apparel design; Figure 46 depicts a 3D photorealistic visualization of a design according to user input parameters, wherein the display is to the screen of what appears to be a tablet or mobile device.
a first three-dimensional model with textures of the first apparel design obtained by performing a texture mapping of the first apparel design onto the first three-dimensional model; ((Schultz ‘825, ¶292) "FIG. 65D shows of the first shadow neutral texture mapped to the three-dimensional model to generate a corresponding preview image. The figure shows various view ofthepreview image.")
a second three-dimensional model with textures of the first apparel design obtained by performing a texture mapping of the first apparel design onto the second three-dimensional model, wherein the second three-dimensional model is different from the first three-dimensional model; ((Schultz ‘825, ¶294) "Furthermore, there can be multiple three-dimen sional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image")
a plurality of two-dimensional first images generated from the first three-dimensional model with textures of the first apparel design; and Digital representations from the preview tool can be saved as separate images or in a brief((Schultz ‘825, ¶160) " Each digital representation can be saved as separate images, and a group or set of the images can be a called brief of collection of jeans. The preview tool can be used for merchandising, such as generating images of a proposed line of products for a particular season, and these images can be shared among members of a team to discuss any additions, changes, or deletions to a collection."). The preview tool is described as displaying the texture-mapped models ((Schultz ‘825, ¶227) " The garment preview image shows the garment in a three-dimensional view. The three-dimensional view of the garment preview image shows how a garment that is being customized using the preview tool will appear on the user's body when the user purchases and wears the garment. In an implementation, the garment preview image in the three-dimension view is a pare of jeans, but can be any garment, such as a jacket, shorts, shirts, hat, backpack, scarf, hat, or other garment items."). Multiple 3d models with texture may be made, to include first and second 3d models ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image") The image files include images which are two dimensional in nature ((Schultz ‘285, ¶153) "The preview tool allows a user such as a clothing designer to preview on a computer screen or to generate a digital representation ( e.g., image file, JPEG file, BMP file, TIFF file, GIF file, PNG file, PSD file, or others) of jeans in a selected base fit fabric or fabric template 1706 with a selected laser pattern 1709 (e.g. , from a laser input file).")
a plurality of two-dimensional second images generated from the second three-dimensional model with textures of the first apparel design. . Digital representations from the preview tool can be saved as separate images or in a brief((Schultz ‘825, ¶160) " Each digital representation can be saved as separate images, and a group or set of the images can be a called brief of collection of jeans. The preview tool can be used for merchandising, such as generating images of a proposed line of products for a particular season, and these images can be shared among members of a team to discuss any additions, changes, or deletions to a collection."). The preview tool is described as displaying the texture-mapped models ((Schultz ‘825, ¶227) " The garment preview image shows the garment in a three-dimensional view. The three-dimensional view of the garment preview image shows how a garment that is being customized using the preview tool will appear on the user's body when the user purchases and wears the garment. In an implementation, the garment preview image in the three-dimension view is a pare of jeans, but can be any garment, such as a jacket, shorts, shirts, hat, backpack, scarf, hat, or other garment items."). Multiple 3d models with texture may be made, to include first and second 3d models ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image"). The image files include images which are two dimensional in nature ((Schultz ‘285, ¶153) "The preview tool allows a user such as a clothing designer to preview on a computer screen or to generate a digital representation ( e.g., image file, JPEG file, BMP file, TIFF file, GIF file, PNG file, PSD file, or others) of jeans in a selected base fit fabric or fabric template 1706 with a selected laser pattern 1709 (e.g. , from a laser input file).")
Regarding claim 22, the proposed combination discloses The system of claim 21 as stated previously. The proposed combination in further view of Schultz ‘825 discloses (except the limitations surrounded by brackets ([[..]])) wherein the first apparel design comprises first apparel design preview comprising a combined image generated by combining a digital input file associated with the first finishing pattern with a image of the garment template comprising Figure 17 depicts the combination of a fabric template image and a laser input file to generate a preview image. A laser pattern mask, which is derived from the laser input file, is combined with a base image of a garment ((Schultz ‘825, ¶181-182) " To obtain a final result, which is the final image of the jeans with laser finishing pattern, a laser pattern mask is combined with the base image and HSL adjustment layer. A resulting combination will be based on intensity and bright point settings. The laser pattern mask is a negative image or reverse image of the laser input file."). The laser pattern mask is associated with a wear pattern ((Schultz ‘825, ¶93) "The laser acts like a printer and "prints," "marks," "burns," or "ablates" a wear pattern (specified by input file 210) onto the garment."). The wear pattern is exemplary of a finishing pattern ((Schultz ‘825, ¶233) "The finishing patterns may include a wear pattern 4515a that is associated with a naturally worn pattern that forms on a garment from extended wear, washing, or both.").
generating an adjusted base image from the image of the garment template without the first finishing pattern, An adjusted base template image is created from the base template image ((Schultz ‘825, ¶254) "The adjusted base template image is created from the base template image by adjusting its hue, saturation, or lightness, or any combination of these. Compared to the original base template image, the adjusted base template image will appear washed out or bleached. In other words, the adjusted base template image will appear as if the garment in the base template image were fully bleached or lasered. The adjusted base template image can be an HLS adjustment layer as discussed above."). The base image template is selected and does not include the selected finishing pattern ((Schultz ‘825, ¶180) "FIG. 19 shows a technique of generating a preview of a finished image using a digital brief tool. A base image ( or fabric template input) is selected. A hue saturation lightness (HSL) adjustment layer is created or generated for the selected base image. The HSL adjustment layer can be the base layer with an adjustment for hue saturation lightness. When tinting is selected, a solid color adjustment layer is created or generated.")
generating a pattern mask based on the digital input file associated with the first finishing pattern, Schultz ‘825, Figure 20 shows a laser pattern mask that is created from a laser input file. The digital brief tool creates the laser pattern mask from the laser input file by reversing the laser input file. ((Schultz ‘825, ¶183) " FIG. 20 shows a laser pattern mask that is created from a laser input file. The digital brief tool creates the laser pattern mask from the laser input file by reversing the laser input file."). The laser input file corresponds to the wear pattern ((Schultz ‘825, ¶93) "The laser acts like a printer and "prints," "marks," "burns," or "ablates" a wear pattern (specified by input file 210) onto the garment."). The wear pattern is exemplary of a finishing pattern ((Schultz ‘825, ¶233) "The finishing patterns may include a wear pattern 4515a that is associated with a naturally worn pattern that forms on a garment from extended wear, washing, or both.").
[[for a pixel at a pixel location of the combined image, obtaining a first contribution for the pixel location of the combined image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the garment template without the first finishing pattern,]]
[[for the pixel at the pixel location of the combined image, obtaining a second contribution at the pixel location for the combined image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image,]]
[[combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the first apparel design preview, and]]
[[using the color value for the pixel at the pixel location in the combined image.]]
Schultz ‘825 alone does not explicitly disclose; however, Schultz ‘825 in view of Schultz ‘604 discloses for a pixel at a pixel location of the combined image, obtaining a first contribution for the pixel location of the combined image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the garment template without the first finishing pattern, ((Schultz ‘604, ¶179) "To determine a final pixel value for a pixel of a preview image (see equation above), a first contribution for the pixel location is obtained by combining (e.g., multiplying) a color value for pixel corresponding to the pixel location for the pattern mask and a color value of a pixel corresponding to the pixel location for a base image ( e.g., filter value or pattern mask value).")
for the pixel at the pixel location of the combined image, obtaining a second contribution at the pixel location for the combined image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, ((Schultz ‘604, ¶179) " A second contribution is obtained by combining (e.g., multiplying) a color value for a pixel corresponding to the pixel location for the pattern mask and a color value for a pixel corresponding to the pixel location for the adjusted base image ( e.g., 1 minus the filter value or 100 minus the filter value, if percentages are used).")
combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the first apparel design preview, and ((Schultz ‘604, ¶179) " The first and second contributions are combined or added together to obtain the final pixel value for the preview image")
using the color value for the pixel at the pixel location in the combined image. ((Schultz ‘604, Claim 1) " displaying the color value for the pixel at the pixel location in the second preview image.")
Regarding claim 23, the proposed combination discloses The system of claim 22 as stated previously.
The proposed combination in further view of Schultz ‘825 discloses wherein the first apparel design preview comprises a two-dimensional image. The preview tool is described as generating a digital representation as an image file which is 2d in nature ((Schultz ‘825, ¶153) "The preview tool allows a user such as a clothing designer to preview on a computer screen or to generate a digital representation ( e.g., image file, JPEG file, BMP file, TIFF file, GIF file, PNG file, PSD file, or others) of jeans in a selected base fit fabric or fabric template 1706 with a selected laser pattern 1709 (e.g. , from a laser input file). With the digital representation, the user will be able to see or preview the jeans in the selected base fit fabric as if it had been burned or ablated with the selected laser input file, without needing to actually laser or burn or ablate the jeans.")
Claims 2, 15, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Schultz ‘825 in view of Schultz ‘604 as above, and further in view of Barnes et al (US 20190021426 A1), hereinafter referred to as Barnes.
Regarding claim 2, the proposed combination discloses The method of claim 1 comprising: as stated previously.
The proposed combination does not particularly disclose; however, the proposed combination in view of Barnes discloses presenting the two-dimensional first images at a online site, wherein a customer can order a product of the garment design from the online site based on the two-dimensional first images before manufacture of the product. A website is utilized for ordering garments as articles of manufacture, wherein a set of production-ready design files (which are two dimensional) are created and stored (presented) into a database accessible by the website. The two-dimensional files are applied to the 3 dimensional model which is displayed in the design web interface and allows the user to view the design as part of the ordering process, thereby indicating that the ordering is performed based on the 2D images ((Barnes, ¶22) "FIG. 10 is a simplified block diagram of a design process 50 in the highly custom and scalable design system and method 10 for articles of manufacture according to the teachings of the present disclosure. As shown in bocks 52 and 54, a user may create an account and login information so that the user can be authenticated prior to accessing the design interface website. The web server receives and responds to the user's request for the design interface web page in order for the user to select an article of manufacture and provide design input. A production-ready design file is created for the template of the article of manufacture selected by the user. The design interface web page displays a 3-dimensional model of the selected article of manufacture that can be manipulated and oriented by the user. In blocks 56 and 58, user design inputs and selections for color, text, number, and graphics are received, and these design inputs are reflected in the production-ready design file. The changes in the production-ready design file is also reflected in a 2-dimensional image file, which is applied to the 3-dimensional model displayed by the design interface web page in real-time, as shown in blocks 60 and 62. As these design inputs are received, the production-ready design file is updated with the additional design inputs, and the 2-dimensional image file is also updated to reflect the design inputs in real-time. The 3-dimensionl model displayed on the screen of the computing device is also dynamically updated to reflect the changes. In block 64, the user may optionally upload a variable data input file that contains data to custom tailor each article to be manufactured or fabricated. A set of production-ready design files that incorporates data from the variable data input file is then generated, as shown in block 66. A unique identifier is then assigned to the job, such as a purchase order (PO) number, as shown in block 68. The files are then stored in the design database, as shown in block 70. The user may also choose to save a template file that contain at least some of the design elements so that later projects can start from the stored template instead from a blank template. In block 72, the unique identifier and a pointer to the design files in the database are communicated electronically to one or more manufacturer tasked with fabricating the articles of manufacture. The pointer may be a URL to the location of the design files."). An order can be placed using the web interface and the design files are sent to the manufacturer afterwards, thereby indicating that the order occurs prior to manufacture ((Barnes, ¶24) " The files are then stored in the design database, and transmitted to the manufacturer when an order is placed and purchased, as shown in block 110 (details described above in conjunction with FIG. 10).")
Barnes is analogous art to the claimed invention in that it is related to the same field of endeavor of providing tools for design and visualization for garment manufacturing. It would have been obvious to one of ordinary skill to which said subject matter pertains at the time the invention was filed to have implemented the functionality of presenting design files as part of the user order process into the method of the proposed combination because combining the prior art references according to known methods would yield predictable results. As stated previously, Schultz ‘825 suggests that a manufacturer creates a design I and a design II (Schultz ‘825, ¶85). Schultz ‘825 also discloses an ordering capability for a garment through an order tool interface wherein a 3-d model is displayed as part of the ordering process ((Schultz ‘825, ¶251-252) " In an implementation, the order tool interface displays a garment image 4590 having the options selected using the preview tool. The order tool interface can be adapted to update the garment image as various order options are selected from the garment. For example, if a preset design with whiskers is selected from the order options, then the garment image (e.g., jeans) is displayed with whiskers. If the present design for whiskers is deselected, then the garment preview image is displayed without whiskers. While the garment preview image is jeans, the image can be any selected garment, bag, or others The preview image of the ordered garment is shown in three-dimensions so that the user can see how the customized garment that they are about to purchase will appear on their body in three-dimensions. In an implementation, the preview image of the garment in three-dimension is rotatable on the order tool interface ( e.g., curser click on the garment and drag for rotation) and each rotated view of the garment can be a three-dimensional view of the garment."). However, Schultz does not appear to contemplate the relationship between the ordering interface and the design files. Barnes, however, discloses the generation and storage of design files as part of the ordering process for a garment ((Barnes, ¶16) "The computing devices 18 may request for a design interface web page from the web server 12 by executing a web browser application program and inputting a URL (Uniform Resource Locator) of a design website. Once the design is completed by the user, production-ready design files are stored in the design database 16, and one or more manufacturers 21 may access the database to download the production-ready design files which can be used to apply or print the designs directly onto articles of manufacture by production devices, such as printers, engravers, laser cutters, flow jets, etc."). By combining this functionality as part of the ordering interface disclosed by Schultz ‘825, one would arrive at the claimed invention. The predictable results of this combination would be that the ordering interface would include functionality that would enable manufacturers to produce the ordered item according to the user-generated design. Accordingly, the combination would have been obvious.
Regarding claim 15, Schultz ‘825 discloses (except the limitations surrounded by brackets ([[..]])) A method comprising: A method is disclosed (Schultz ‘825, Claim 21)
providing a garment design tool that shows a preview image of a garment design on a screen as customized by a user with a finishing pattern; A digital design tool including a preview tool is provided ((Schultz ‘825, ¶152) " FIG. 17 shows a block diagram of a specific implementation of a digital design tool and a preview tool 1703."); ((Schultz ‘825, ¶153) " Preview tool 1703 can be a single tool in a toolbox or toolkit used for laser finishing of garments, or the tool can be incorporated as a feature of another tool."). The design tool is described as being used for a garment design which includes visualization functionality on a computer system ((Schultz ‘825, ¶149) “There is a digital design tool 1616 merchants and design can use to click and drag finish effects ( e.g., laser files) and tint casts over images of base washes in order to visualize possible combinations and build the line visually before the garment finish is actually finished by the laser. The visualizations can be by rendering on a computer system, such as using three-dimensional (3D) graphics”). The garment is described as being customized by a user selectable option for finishing patterns ((Schultz ‘825, ¶232) " The preview tool includes a user selectable option 4515 for selecting a finishing pattern that may be formed on a garment, such as jeans."). A preview image is provided for a designed garment with a selected pattern. ((Schultz ‘825, ¶12) " After one or more of the first, second, or third ordering options are selected, the three-dimensional preview of the garment is updated in the first order screen in real time to display the three-dimensional preview of the garment with one or more of a selected shade of the material, a selected pattern, or a selected damage.")
in the garment design tool, providing an option for the user to select a garment base and upon the user’s selection, showing in the screen a first preview image of the selected garment template; The preview tool includes a user selectable option for a shade of denim for a base jean template ((Schultz ‘825, ¶231) " In an implementation, the preview tool includes a user selectable option 4510 for selecting the shade of denim of the base template jeans. The use selectable option may include a dropdown menu. There can be a number of base templates colors to choose from where the base templates have different colors of denim."). The selected shade results in a preview image for the garment ((Schultz ‘825, ¶231) " The dropdown menu for denim shape selection may include a graphical indicator (e.g., rectangle around the indigo sky option) that indicates the particular shade of denim is selected. Each preview image (e.g., jeans) for the different shades is shown as three-dimensional images."). In Schultz ‘825, Figure 46, the preview image is depicted on the screen of a mobile device such as a phone or tablet.
in the garment design tool, providing an option for the user to select a finishing pattern from a two or more finishing patterns and upon the user’s selection, showing on the screen a second preview image of the selected garment template with the selected finishing pattern, wherein each finishing pattern is associated with a digital input file; The preview tool includes a user selectable option for a plurality of finishing patterns, wherein the selection of the pattern corresponds to the pattern displayed on the preview ((Schultz ‘825, ¶232-233) "The preview tool includes a user selectable option 4515 for selecting a finishing pattern that may be formed on a garment, such as jeans. The user selectable option 4515 may include a dropdown menu. A finishing pattern may be applied by the laser of the mobile finishing center 10 to jeans, such as jeans shown in the base template jeans image in the preview tool 1703. FIG. 47 shows a dropdown menu in a dropdown state when the user-selectable option 4515 is selected for the finishing patterns. The finishing patterns may include a wear pattern 4515a that is associated with a naturally worn pattern that forms on a garment from extended wear, washing, or both. The finishing patterns may include one or more fanciful design patterns 4515b-4515d. The design patterns may include a paisley type pattern, also referred to as a bandana pattern 4515b. FIG. 47 shows the dropdown menu with the finishing pattern 4515b selected and shows the bandana pattern on the previewed jeans."). The preview tool presents a preview image to the screen and the selected laser pattern is associated with a laser input file (as a digital input file) ((Schultz ‘825, ¶153) "The preview tool allows a user such as a clothing designer to preview on a computer screen or to generate a digital representation ( e.g., image file, JPEG file, BMP file, TIFF file, GIF file, PNG file, PSD file, or others) of jeans in a selected base fit fabric or fabric template 1706 with a selected laser pattern 1709 (e.g. ,from a laser input file)."). The laser input file corresponds to a wear pattern ((Schultz ‘825, ¶93) " The laser acts like a printer and "prints," "marks," "burns," or "ablates" a wear pattern (specified by input file 210) onto the garment.")
combining a digital input file associated with the selected finishing pattern with a image of the selected garment template to generate a combined image, wherein the combined image is generated by A laser pattern mask, which is derived from the laser input file, is combined with a base image of a garment ((Schultz ‘825, ¶181-182) " To obtain a final result, which is the final image of the jeans with laser finishing pattern, a laser pattern mask is combined with the base image and HSL adjustment layer. A resulting combination will be based on intensity and bright point settings. The laser pattern mask is a negative image or reverse image of the laser input file."). The laser pattern mask is associated with a wear pattern ((Schultz ‘825, ¶93) "The laser acts like a printer and "prints," "marks," "burns," or "ablates" a wear pattern (specified by input file 210) onto the garment."). The wear pattern is exemplary of a finishing pattern ((Schultz ‘825, ¶233) "The finishing patterns may include a wear pattern 4515a that is associated with a naturally worn pattern that forms on a garment from extended wear, washing, or both.").
generating an adjusted base image from the image of the selected garment template without the selected finishing pattern, An adjusted base template image is created from the base template image ((Schultz ‘825, ¶254) "The adjusted base template image is created from the base template image by adjusting its hue, saturation, or lightness, or any combination of these. Compared to the original base template image, the adjusted base template image will appear washed out or bleached. In other words, the adjusted base template image will appear as if the garment in the base template image were fully bleached or lasered. The adjusted base template image can be an HLS adjustment layer as discussed above."). The base image template is selected and does not include the selected finishing pattern ((Schultz ‘825, ¶180) "FIG. 19 shows a technique of generating a preview of a finished image using a digital brief tool. A base image ( or fabric template input) is selected. A hue saturation lightness (HSL) adjustment layer is created or generated for the selected base image. The HSL adjustment layer can be the base layer with an adjustment for hue saturation lightness. When tinting is selected, a solid color adjustment layer is created or generated.")
generating a pattern mask based on the digital input file associated with the selected finishing pattern, Schultz ‘825, Figure 20 shows a laser pattern mask that is created from a laser input file. The digital brief tool creates the laser pattern mask from the laser input file by reversing the laser input file. ((Schultz ‘825, ¶183) " FIG. 20 shows a laser pattern mask that is created from a laser input file. The digital brief tool creates the laser pattern mask from the laser input file by reversing the laser input file."). The laser input file corresponds to the wear pattern ((Schultz ‘825, ¶93) "The laser acts like a printer and "prints," "marks," "burns," or "ablates" a wear pattern (specified by input file 210) onto the garment."). The wear pattern is exemplary of a finishing pattern ((Schultz ‘825, ¶233) "The finishing patterns may include a wear pattern 4515a that is associated with a naturally worn pattern that forms on a garment from extended wear, washing, or both.").
[[for a pixel at a pixel location of the combined image, obtaining a first contribution for the pixel location of the combined image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected finishing pattern,]]
[[for the pixel at the pixel location of the combined image, obtaining a second contribution at the pixel location for the combined image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image,]]
[[combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image, and]]
[[using the color value for the pixel at the pixel location in the combined image; and]]
performing a texture mapping of the combined image onto a first three-dimensional model to obtain a first texture-mapped model; Texture mapping is described for a shadow neutral texture to a 3D model of a front view and a back view (as the first texture mapped model) ((Schultz ‘825, ¶283-284) " A specific example of map shadow neutral texture to three-dimensional (3D) model 5830 follows. FIG. 63A shows a created shadow neutral texture 6307. FIG. 63B shows a front view of a three-dimensional model, which the shadow neutral texture will be applied or mapped to. FIG. 63C shows a result of mapping the shadow neutral texture to the three-dimensional model. This figure shows the front of the garment with the form and wrinkles resulting from the mapping to the three-dimensional model. This image can be used as a three-dimensional preview image."). Utilization of multiple three dimensional models, such as a first and second model are suggested, wherein the shadow neutral texture can be applied to both the first and second models ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image. Similarly, FIG. 63D shows a back or rear view of the three-dimensional model, which the shadow neutral texture will be applied or mapped to. FIG. 63E shows a result of mapping the shadow neutral texture to the three-dimensional model. This figure shows the back of the garment with the form and wrinkles resulting from the mapping to the three-dimensional model. This image can be used as a three-dimensional preview image."). The shadow neutral texture corresponds to the selected shade, pattern and tint (which these components comprise the final combined image), thereby indicating that the texture mapping is of the combined image ((Schultz, Claim 15) " The system of claim 1 wherein to generate the three-dimensional preview rendering, the tablet computer selects a shadow neutral texture corresponding to the selected shade, selected pattern, and selected tint and applies the shadow neutral texture to a three-dimensional model."); See also Schultz ‘825 Figure 19 depicting shade, pattern and tint comprising the final result.
performing a texture mapping of the combined image onto a second three-dimensional model to obtain a second texture-mapped model, wherein the second three-dimensional model is different from the first three-dimensional model; Texture mapping is described for a shadow neutral texture to a 3D model of a front view and a back view (as the first texture mapped model) ((Schultz ‘825, ¶283-284) " A specific example of map shadow neutral texture to three-dimensional (3D) model 5830 follows. FIG. 63A shows a created shadow neutral texture 6307. FIG. 63B shows a front view of a three-dimensional model, which the shadow neutral texture will be applied or mapped to. FIG. 63C shows a result of mapping the shadow neutral texture to the three-dimensional model. This figure shows the front of the garment with the form and wrinkles resulting from the mapping to the three-dimensional model. This image can be used as a three-dimensional preview image."). Utilization of multiple three dimensional models, such as a first and second model are suggested, wherein the shadow neutral texture can be applied to both the first and second models. The models can be different from one another, wherein each may correspond to a different fit or style. ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image. Similarly, FIG. 63D shows a back or rear view of the three-dimensional model, which the shadow neutral texture will be applied or mapped to. FIG. 63E shows a result of mapping the shadow neutral texture to the three dimensional model. This figure shows the back of the garment with the form and wrinkles resulting from the mapping to the three-dimensional model. This image can be used as a three-dimensional preview image."). The shadow neutral texture corresponds to the selected shade, pattern and tint (which these components comprise the final combined image), thereby indicating that the texture mapping is of the combined image ((Schultz ‘825, Claim 15) " The system of claim 1 wherein to generate the three-dimensional preview rendering, the tablet computer selects a shadow neutral texture corresponding to the selected shade, selected pattern, and selected tint and applies the shadow neutral texture to a three-dimensional model."); See also Schultz ‘825 Figure 19 depicting shade, pattern and tint comprising the final result.
generating a plurality of two-dimensional first images from the first texture-mapped model; Digital representations from the preview tool can be saved as separate images or in a brief((Schultz ‘825, ¶160) " Each digital representation can be saved as separate images, and a group or set of the images can be a called brief of collection of jeans. The preview tool can be used for merchandising, such as generating images of a proposed line of products for a particular season, and these images can be shared among members of a team to discuss any additions, changes, or deletions to a collection."). The preview tool is described as displaying the texture-mapped models ((Schultz ‘825, ¶227) " The garment preview image shows the garment in a three-dimensional view. The three-dimensional view of the garment preview image shows how a garment that is being customized using the preview tool will appear on the user's body when the user purchases and wears the garment. In an implementation, the garment preview image in the three-dimension view is a pare of jeans, but can be any garment, such as a jacket, shorts, shirts, hat, backpack, scarf, hat, or other garment items."). Multiple 3d models with texture may be made, to include first and second 3d models ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image"). The image files include images which are two dimensional in nature ((Schultz ‘285, ¶153) "The preview tool allows a user such as a clothing designer to preview on a computer screen or to generate a digital representation ( e.g., image file, JPEG file, BMP file, TIFF file, GIF file, PNG file, PSD file, or others) of jeans in a selected base fit fabric or fabric template 1706 with a selected laser pattern 1709 (e.g. , from a laser input file).")
generating a plurality of two-dimensional second images from the second texture-mapped model; Digital representations from the preview tool can be saved as separate images or in a brief((Schultz ‘825, ¶160) " Each digital representation can be saved as separate images, and a group or set of the images can be a called brief of collection of jeans. The preview tool can be used for merchandising, such as generating images of a proposed line of products for a particular season, and these images can be shared among members of a team to discuss any additions, changes, or deletions to a collection."). The preview tool is described as displaying the texture-mapped models ((Schultz ‘825, ¶227) " The garment preview image shows the garment in a three-dimensional view. The three-dimensional view of the garment preview image shows how a garment that is being customized using the preview tool will appear on the user's body when the user purchases and wears the garment. In an implementation, the garment preview image in the three-dimension view is a pare of jeans, but can be any garment, such as a jacket, shorts, shirts, hat, backpack, scarf, hat, or other garment items."). Multiple 3d models with texture may be made, to include first and second 3d models ((Schultz ‘825, ¶294) " Furthermore, there can be multiple three-dimensional models, such as a first three-dimensional model and a second three-dimensional model. The different three dimensional models may represent different fits or styles. Then a single shadow neutral texture can be mapped to the first three-dimensional model to generate a corresponding preview image. And the single shadow neutral texture can be mapped to the second three-dimensional model to generate a corresponding preview image"). The image files include images which are two dimensional in nature ((Schultz ‘285, ¶153) "The preview tool allows a user such as a clothing designer to preview on a computer screen or to generate a digital representation ( e.g., image file, JPEG file, BMP file, TIFF file, GIF file, PNG file, PSD file, or others) of jeans in a selected base fit fabric or fabric template 1706 with a selected laser pattern 1709 (e.g. , from a laser input file).")
[[presenting the two-dimensional first images at a online site, wherein a customer can order a product of the garment design from the online site based on the two-dimensional first images before manufacture of the product;]]
at a manufacturing facility, based on the second images, creating a process for manufacturing the product; and A mobile finishing center is utilized and includes functionality for designing and manufacturing garments ((Schultz ‘825, ¶9) "The finishing center includes laser to finish a garments to have a faded, distressed, washed, or worn finish or desired appearance. The mobile finishing center is self contained and can be driven to a location where consumers can select, view a preview of apparel products, order apparel products, and then the products will be manufactured on site."). The generated images from the texture mapped model are referred to as a brief, as stated previously ((Schultz ‘825, ¶160) " Each digital representation can be saved as separate images, and a group or set of the images can be a called brief of collection of jeans. The preview tool can be used for merchandising, such as generating images of a proposed line of products for a particular season, and these images can be shared among members of a team to discuss any additions, changes, or deletions to a collection."). The digital brief tool enables images to be saved as saved designs ((Schultz ‘825, ¶179) " After the user has performed selected operations 1826, the digital brief tool shows an image of the jeans with the laser finishing pattern, including any tinting, damage, or other adjustments, as created by the user. This image can be saved and viewed again later. A user can create multiple designs, and these can be saved together as part of a collection."). A design (as the design generated from images in the brief) is used by a laser to impart a finishing pattern ((Schultz ‘825, ¶86) " The additional finishing may include laser finishing, tinting, washing, softening, and fixing. For distressed denim products, the laser finishing can include using a laser to produce a wear pattern according to a design 127 (design II)."). A laser finishing process is described for use at the mobile finishing center ((Schultz ‘825, ¶81) " FIG. 1 shows a process flow 101 for manufacturing apparel such as jeans, where garments are finished using a laser. The fabric or material for various apparel including jeans is made from natural or synthetic fibers 106, or a combination of these. A fabric mill takes fibers and processes 109 these fibers to produce a laser-sensitive finished fabric 112, which has enhanced response characteristics for laser finishing.").
after the product has been ordered by the customer, making the product using the process for manufacturing the product. ((Schultz ‘825, ¶Claim 21) " providing for ordering a target garment matching the garment preview image and for a computer controller laser system to use the laser input file for the selected finishing pattern to laser the selected finishing pattern on the target garment. ");((Schultz ‘825, ¶237) " By selecting different combinations of laser files and base jeans templates, a customer can create numerous different jeans designs and have these manufactured by the mobile finishing center. "); ((Schultz ‘825, ¶245) "After the purchase is made, the garment may be laser processed in the mobile finishing center and the finished garment deliver to a purchaser is a relatively short time, such as half of an hour to three hours ( e.g., about the length of a sports match).")
Schultz ‘825 alone does not disclose; however, Schultz ‘604 discloses for a pixel at a pixel location of the combined image, obtaining a first contribution for the pixel location of the combined image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected finishing pattern, ((Schultz ‘604, ¶179) "To determine a final pixel value for a pixel of a preview image (see equation above), a first contribution for the pixel location is obtained by combining (e.g., multiplying) a color value for pixel corresponding to the pixel location for the pattern mask and a color value of a pixel corresponding to the pixel location for a base image ( e.g., filter value or pattern mask value).")
for the pixel at the pixel location of the combined image, obtaining a second contribution at the pixel location for the combined image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, ((Schultz ‘604, ¶179) " A second contribution is obtained by combining (e.g., multiplying) a color value for a pixel corresponding to the pixel location for the pattern mask and a color value for a pixel corresponding to the pixel location for the adjusted base image ( e.g., 1 minus the filter value or 100 minus the filter value, if percentages are used).")
combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image, and ((Schultz ‘604, ¶179) " The first and second contributions are combined or added together to obtain the final pixel value for the preview image")
using the color value for the pixel at the pixel location in the combined image; and ((Schultz ‘604, Claim 1) " displaying the color value for the pixel at the pixel location in the second preview image.")
Schultz ‘825 and Schultz ‘604 are analogous to the claimed invention because they are related to the same field of endeavor of design and visualization tools for manufacturing of garments. It would have been obvious to one of ordinary skill to which said subject matter pertains at the time the invention was filed to have implemented the functionality of obtaining contributions of pixel locations to generate and use a color value for the combined image because combining the prior art references to include the functionality would yield predictable results. Schultz ‘825 discloses that the image data of the garment preview image is comprised of bitmap data from multiple bitmap files ((Schultz ‘825, Claims 22 and 23) " 22. The method of claim 21 wherein the base garment image is a first bitmap file, the HSL adjust layer is a second bitmap file, and the laser input file for the selected pattern is a third bitmap file, and the garment preview image is a combination of the first, second, and third bitmap files. 23. The method of claim 22 wherein the image data of the garment preview image is combined bitmap data of the first, second, and third bitmap files."). Schultz ‘825 further discloses that the files are comprised of pixels, wherein the pixels are each represented by 8-bit values corresponding to colors ((Schultz ‘825, ¶155-156) "Bitmaps or raster graphics are resolution dependent while vector graphics are resolution independent. Raster graphics generally cannot scale up to an arbitrary resolution without loss of apparent quality. This property contrasts with the capabilities of vector graphics, which generally easily scale up to the quality of the device rendering them. A raster graphics image is a dot matrix data structure representing a generally rectangular grid of pixels, or points of color, viewable via a monitor, paper, or other display medium. A bitmap, such as a single-bit raster, corresponds bit-for-bit with an image displayed on a screen or output medium. A raster is characterized by the width and height of the image in pixels and by the number of bits per pixel ( or color depth, which determines the number of colors it can represent)."). Pixel values are described as being combined ((Schultz ‘825, ¶185) "A technique of the digital brief tool is to combine the base image and adjustment layer based on the laser pattern mask. For a black pixel in the laser pattern mask, the base layer will fully pass (and none of the adjustment layer) through to the final result image. For a white pixel in the laser pattern mask, the adjustment layer (and none of the base layer) will fully pass through to the final result image. For gray pixel values, then a percentage of the base layer and adjustment layer will pass through to the final result image. For example, for a value in the layer pattern mask, 90 percent of the base layer and 10 percent of the adjustment layer pass through to the final result image."). Each pixel of the laser input file is represented by an 8 bit value ((Schultz ‘825, ¶195) " For a specific implementation of a laser, a specification for the laser input file is that each pixel is represented by an 8-bit binary value, which represents grayscale value in a range from Oto 255. AO black prints the highest intensity (i.e., creates the most change and will be the lightest possible pixel) and a 255 white does not print at all (i.e., creates the least change or will be the darkest possible pixel)."). Schultz ‘604 discloses generating the garment preview image according to the contributions of pixel locations for different image files and demonstrates predictable results for functionality of this process (Schultz ‘604, ¶177-180). Accordingly, the combination would have been obvious.
Schultz ‘825 and Schultz ‘604 together do not disclose; however the combination in view of Barnes discloses presenting the two-dimensional first images at a online site, wherein a customer can order a product of the garment design from the online site based on the two-dimensional first images before manufacture of the product; A website is utilized for ordering garments as articles of manufacture, wherein a set of production-ready design files (which are two dimensional) are created and stored (presented) into a database accessible by the website. The two-dimensional files are applied to the 3 dimensional model which is displayed in the design web interface and allows the user to view the design as part of the ordering process, thereby indicating that the ordering is performed based on the 2D images ((Barnes, ¶22) "FIG. 10 is a simplified block diagram of a desig process 50 in the highly custom and scalable design system and method 10 for articles of manufacture according to the teachings of the present disclosure. As shown in bocks 52 and 54, a user may create an account and login information so that the user can be authenticated prior to accessing the design interface website. The web server receives and responds to the user's request for the design interface web page in order for the user to select an article of manufacture and provide design input. A production-ready design file is created for the template of the article of manufacture selected by the user. The design interface web page displays a 3-dimensional model of the selected article of manufacture that can be manipulated and oriented by the user. In blocks 56 and 58, user design inputs and selections for color, text, number, and graphics are received, and these design inputs are reflected in the production-ready design file. The changes in the production-ready design file is also reflected in a 2-dimensional image file, which is applied to the 3-dimensional model displayed by the design interface web page in real-time, as shown in blocks 60 and 62. As these design inputs are received, the production-ready design file is updated with the additional design inputs, and the 2-dimensional image file is also updated to reflect the design inputs in real-time. The 3-dimensionl model displayed on the screen of the computing device is also dynamically updated to reflect the changes. In block 64, the user may optionally upload a variable data input file that contains data to custom tailor each article to be manufactured or fabricated. A set of production-ready design files that incorporates data from the variable data input file is then generated, as shown in block 66. A unique identifier is then assigned to the job, such as a purchase order (PO) number, as shown in block 68. The files are then stored in the design database, as shown in block 70. The user may also choose to save a template file that contain at least some of the design elements so that later projects can start from the stored template instead from a blank template. In block 72, the unique identifier and a pointer to the design files in the database are communicated electronically to one or more manufacturer tasked with fabricating the articles of manufacture. The pointer may be a URL to the location of the design files."). An order can be placed using the web interface and the design files are sent to the manufacturer afterwards, thereby indicating that the order occurs prior to manufacture ((Barnes, ¶24) " The files are then stored in the design database, and transmitted to the manufacturer when an order is placed and purchased, as shown in block 110 (details described above in conjunction with FIG. 10).")
Barnes is analogous art to the claimed invention in that it is related to the same field of endeavor of providing tools for design and visualization for garment manufacturing. It would have been obvious to one of ordinary skill to which said subject matter pertains at the time the invention was filed to have implemented the functionality of presenting design files as part of the user order process into the method of the proposed combination because combining the prior art references according to known methods would yield predictable results. As stated previously, Schultz ‘825 suggests that a manufacturer creates a design I and a design II (Schultz ‘825, ¶85). Schultz ‘825 also discloses an ordering capability for a garment through an order tool interface wherein a 3-d model is displayed as part of the ordering process ((Schultz ‘825, ¶251-252) " In an implementation, the order tool interface displays a garment image 4590 having the options selected using the preview tool. The order tool interface can be adapted to update the garment image as various order options are selected from the garment. For example, if a preset design with whiskers is selected from the order options, then the garment image (e.g., jeans) is displayed with whiskers. If the present design for whiskers is deselected, then the garment preview image is displayed without whiskers. While the garment preview image is jeans, the image can be any selected garment, bag, or others The preview image of the ordered garment is shown in three-dimensions so that the user can see how the customized garment that they are about to purchase will appear on their body in three-dimensions. In an implementation, the preview image of the garment in three-dimension is rotatable on the order tool interface ( e.g., curser click on the garment and drag for rotation) and each rotated view of the garment can be a three-dimensional view of the garment."). However, Schultz does not appear to contemplate the relationship between the ordering interface and the design files. Barnes, however, discloses the generation and storage of design files as part of the ordering process for a garment ((Barnes, ¶16) " The computing devices 18 may request for a design interface web page from the web server 12 by executing a web browser application program and inputting a URL (Uniform Resource Locator) of a design website. Once the design is completed by the user, production-ready design files are stored in the design database 16, and one or more manufacturers 21 may access the database to download the production-ready design files which can be used to apply or print the designs directly onto articles of manufacture by production devices, such as printers, engravers, laser cutters, flow jets, etc."). By combining this functionality as part of the ordering interface disclosed by Schultz ‘825, one would arrive at the claimed invention. The predictable results of this combination would be that the ordering interface would include functionality that would enable manufacturers to produce the ordered item according to the user-generated design. Accordingly, the combination would have been obvious.
Regarding claim 16, the proposed combination discloses The method of claim 15 as stated previously. The proposed combination further in view of Schultz ‘825 discloses wherein the process for manufacturing the product comprises using the digital input file and a laser to form the selected finishing pattern on a garment corresponding to the selected garment template. An apparel manufacturing process is described as utilizing a laser ((Schultz ‘825, ¶81) “FIG. 1 shows a process flow 101 for manufacturing apparel such as jeans, where garments are finished using a laser.”) A laser finishing system is utilized to impose patterns on the fabric of a garment, wherein a user adds a pattern to the garment ((Schultz ‘825, ¶204-205) " FIG. 30 shows a screen where the user can add a pattern or artwork, such as a logo, to add to a garment. These pattern or patterns will be applied onto the fabric of the garment by a laser finishing system. FIG. 31 shows a screen showing additional patterns or artwork, in addition to, for example, logos, the user can select from. For example, these patterns can include camo or camouflage, plaids, stripes, and others. These patterns can be repeated multiple times to extend in multiple directions, to increase the area of coverage on a garment. These pattern or patterns will be applied onto the fabric of the garment by a laser finishing system."). Figure 30 depicts the garment corresponding to the selected template by which the pattern is applied. The laser is controlled by an input file ((Schultz ‘825, ¶91) "The laser is controlled by an input file 210 and control software 213 to emit a laser beam onto fabric at a particular position or location at a specific power level for a specific amount of time");
Regarding claim 17, the proposed combination discloses The method of claim 15 as stated previously. The proposed combination in further view of Schultz ‘825 discloses wherein the first three-dimensional model comprises at least one of an on-body model or pose model, Figures 45-46 depict a three-dimensional model of a garment on a body. ((Schultz ‘825, ¶55) " FIGS. 45-46 show a computer system 1301 or 1401 (e.g., a smartphone or tablet computer) operating the preview tool 1703, the digital brief tool 1803, or the consumer digital brief tool, or any combination of these tools. ")and the second three-dimensional model comprises a flat model. Figure 38 depicts a flat model of a pair of jeans as a three-dimensional model. ((Schultz ‘825, ¶223) "In am implementation, each of the garment preview images shown in FIGS. 38-44 is a three-dimensional garment preview image. The three-dimensional garment preview images allow a user to see how the customized garments will appear on their body. In an implementation the garment preview images and the three-dimensional garment preview images are rotatable. Thus, a user can see how the garment will appear on their body from more than one point of view ( e.g., angles of rotation), such as two or more points of view")
Claims 8, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Schulz ‘825 and Schultz ‘604 as applied above, and further in view of Stuyck et al (US 10909744 B1), hereinafter referred to as Stuyck.
Regarding claim 8, the proposed combination discloses The method of claim 1 as stated previously. The proposed combination does not explicitly disclose; however, the proposed combination in view of Stuyck discloses wherein the texture mapping comprises at least one of UV mapping or projection mapping. A normal map is generated for a garment having wrinkles ((Stuyck, Col 16, Lines 63-67 and Col 17, Lines 1-3) "The one or more processors can generate 1010, via a physics based cloth simulator (e.g., physics based cloth simulator 130), a first normal map of a simulated garment having a first level of detail of wrinkles. The first normal map may have a low resolution (e.g., 2500 vertices or less). In one aspect, the physics based cloth simulator may be trained as described above with respect to any one or more of FIGS. 2-5 and 8-9."); ((Stuyck, Col 4, Lines 27-28) "FIG. 7 illustrates example normal maps generated by a physics based cloth simulator, according to an example implementation of the present disclosure."). The normal map is presented in UV space, thereby indicating a UV mapping ((Stuyck, Col 14, Lines 64-67 and Col 15, lines 4) "The normal map 710B is a low resolution normal map of a pair of pants divided into seven segments on a 2-D UV space; the normal map 720B is a high resolution normal map of the pair of pants divided into seven segments on the 2-D UV space; and the ground truth reference 730B is a ground truth example of the pair of pants divided into four segments on the 2-D UV space, for instance. ")
Stuyck is analogous art because it is reasonably pertinent to the problem faced by the inventor of the instant application- that is the realistic digital visualizations of cloth garments. It would have been obvious to one of ordinary skill to which said subject matter pertains at the time the invention was filed to have utilized the UV mapping as disclosed by Stuyck into the proposed combination because some teaching, suggestion, or motivation in the prior art references would have led one having ordinary skill in the art to do so in order to arrive at the claimed invention. Schultz ‘825 discloses the utilization of a texture mapping for jeans in a visualization process ((Schultz, ‘825, ¶283) "A specific example of map shadow neutral texture to three-dimensional (3D) model 5830 follows. FIG. 63A shows a created shadow neutral texture 6307. FIG. 63B shows a front view of a three-dimensional model, which the shadow neutral texture will be applied or mapped to."). Schultz ‘825 does not particularly disclose the methodology by which the texture mapping is generated; however, Stuyck discloses the utilization of UV mapping in a cloth simulator to impose wrinkle texture onto garments for 3D models ((Stuyck, Col 7, Lines 64-67) "The physics based cloth simulator 130 may divide the simulated garment into a number of segments, and generate a normal map indicating the segments on a two dimensional (2-D) UV space."). Accordingly, because Schultz does not specify how the texture mapping is performed and Stuyck provides an explicit approach for generating texture maps of fabric, the combination would have been obvious.
Regarding claim 10, the proposed combination discloses The method of claim 9 as stated previously. The proposed combination in further view of Schultz discloses (except the limitations surrounded by brackets ([[..]])) wherein the garment design is for a pair of jeans, and the color map comprises [[a first detached garment section comprising a right front leg panel and a right back leg panel, and a second detached garment section comprises a left front leg panel and a left back leg panel, which are detached from the right front leg panel and a right back leg panel.]] The texture map with color depicted in Figure 62D comprises multiple detached garment sections for a pair of jeans but not in the particular manner described herein.
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The proposed combination in further view of Schultz ‘825 does not particularly disclose the garment sections in this specific manner; however, Stuyck discloses a first detached garment section comprising a right front leg panel and a right back leg panel, and a second detached garment section comprises a left front leg panel and a left back leg panel, which are detached from the right front leg panel and a right back leg panel. Figure 7 depicts a pair of pants as part of a texture map, wherein the panels of the garment are detached such that the right leg and left leg components are joined per their respective sides and are separated from the opposing sides.
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Stuyck is analogous art because it is reasonably pertinent to the problem faced by the inventor of the instant application- that is the realistic digital visualizations of cloth garments. It would have been obvious to one of ordinary skill to which said subject matter pertains at the time the invention was filed to have had detached garment panels on the color map of the proposed combination because combining prior art elements according to known methods would yield predictable results. Schultz ‘825 notes that the texture is generated based on pattern pieces of garments and provides an implementation of a colored texture map for a pair of jeans wherein the front left panel, back left panel, front right panel, and back right panel are all separated from one another. Stuyck discloses the detachment of pant panels wherein the left leg and right leg components are combined to their forward/backward counterpart but wherein each side is separated from the opposing leg on the texture map. Stuyck demonstrates the methodology as a reasonable way by which to segment the garment for applying the simulated fabric to a model and therefore the combination would have yielded these results and would have been obvious.
Regarding claim 11, the proposed combination discloses The method of claim 10 as stated previously.
The proposed combination in further view of Schultz ‘825 discloses wherein a front view of the second texture-mapped model comprises the right front leg panel coupled to the left front leg panel, and a back view of the second texture-mapped model comprises the right back leg panel coupled to the left back leg panel. A texture mapped model is depicted in 63C showing a front view and a texture mapped model is depicted in 63E showing a rear view, wherein for both views it can be seen that right and left leg panels are coupled together. ((Schultz ‘825, ¶283-284) "A specific example of map shadow neutral texture to three-dimensional (3D) model 5830 follows. FIG. 63A shows a created shadow neutral texture 6307. FIG. 63B shows a front view of a three-dimensional model, which the shadow neutral texture will be applied or mapped to. FIG. 63C shows a result of mapping the shadow neutral texture to the three-dimensional model. This figure shows the front of the garment with the form and wrinkles resulting from the mapping to the three-dimensional model. This image can be used as a three-dimensional preview image. Similarly, FIG. 63D shows a back or rear view of the three-dimensional model, which the shadow neutral texture will be applied or mapped to. FIG. 63E shows a result of mapping the shadow neutral texture to the three-dimensional model. This figure shows the back of the garment with the form and wrinkles resulting from the mapping to the three-dimensional model. This image can be used as a three-dimensional preview image."). See also Figures 63C and 63E
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Claims 18, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schultz ‘825, Schultz ‘604, and Barnes as applied above, and further in view of Stuyck et al (US 10909744 B1), hereinafter referred to as Stuyck .
Regarding claim 18, the proposed combination discloses The method of claim 15 as stated previously.
The proposed combination in further view of Stuyck discloses wherein the texture mapping comprises at least one of UV mapping or projection mapping. A normal map is generated for a garment having wrinkles ((Stuyck, Col 16, Lines 63-67 and Col 17, Lines 1-3) "The one or more processors can generate 1010, via a physics based cloth simulator (e.g., physics based cloth simulator 130), a first normal map of a simulated garment having a first level of detail of wrinkles. The first normal map may have a low resolution (e.g., 2500 vertices or less). In one aspect, the physics based cloth simulator may be trained as described above with respect to any one or more of FIGS. 2-5 and 8-9."); ((Stuyck, Col 4, Lines 27-28) "FIG. 7 illustrates example normal maps generated by a physics based cloth simulator, according to an example implementation of the present disclosure."). The normal map is presented in UV space, thereby indicating a UV mapping ((Stuyck, Col 14, Lines 64-67 and Col 15, lines 4) "The normal map 710B is a low resolution normal map of a pair of pants divided into seven segments on a 2-D UV space; the normal map 720B is a high resolution normal map of the pair of pants divided into seven segments on the 2-D UV space; and the ground truth reference 730B is a ground truth example of the pair of pants divided into four segments on the 2-D UV space, for instance. ")
Stuyck is analogous art because it is reasonably pertinent to the problem faced by the inventor of the instant application- that is the realistic digital visualizations of cloth garments. It would have been obvious to one of ordinary skill to which said subject matter pertains at the time the invention was filed to have utilized the UV mapping as disclosed by Stuyck into the proposed combination because some teaching, suggestion, or motivation in the prior art references would have led one having ordinary skill in the art to do so in order to arrive at the claimed invention. Schultz ‘825 discloses the utilization of a texture mapping for jeans in a visualization process ((Schultz, ‘825, ¶283) "A specific example of map shadow neutral texture to three-dimensional (3D) model 5830 follows. FIG. 63A shows a created shadow neutral texture 6307. FIG. 63B shows a front view of a three-dimensional model, which the shadow neutral texture will be applied or mapped to."). Schultz ‘825 does not particularly disclose the methodology by which the texture mapping is generated; however, Stuyck discloses the utilization of UV mapping in a cloth simulator to impose wrinkle texture onto garments for 3D models ((Stuyck, Col 7, Lines 64-67) "The physics based cloth simulator 130 may divide the simulated garment into a number of segments, and generate a normal map indicating the segments on a two dimensional (2-D) UV space."). Accordingly, because Schultz does not specify how the texture mapping is performed and Stuyck provides an explicit approach for generating texture maps of fabric, the combination would have been obvious.
Regarding claim 19, the proposed combination discloses The method of claim 15 as stated previously.
The proposed combination further in view of Schultz ‘825 discloses (except the limitations surrounded by brackets ([[..]])) wherein the garment design is for a pair of jeans, the combined image is a color map, and the color map comprises [[a first detached garment section comprising a right front leg panel and a right back leg panel, and a second detached garment section comprises a left front leg panel and a left back leg panel, which are detached from the right front leg panel and a right back leg panel.]] The texture map with color depicted in Figure 62D comprises multiple detached garment sections for a pair of jeans but not in the particular manner described herein.
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The proposed combination in further view of Schultz ‘825 does not particularly disclose the garment sections in this specific manner; however, Stuyck discloses a first detached garment section comprising a right front leg panel and a right back leg panel, and a second detached garment section comprises a left front leg panel and a left back leg panel, which are detached from the right front leg panel and a right back leg panel. . Figure 7 depicts a pair of pants as part of a texture map, wherein the panels of the garment are detached such that the right leg and left leg components are joined per their respective sides and are separated from the opposing sides.
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Stuyck is analogous art because it is reasonably pertinent to the problem faced by the inventor of the instant application- that is the realistic digital visualizations of cloth garments. It would have been obvious to one of ordinary skill to which said subject matter pertains at the time the invention was filed to have had detached garment panels on the color map of the proposed combination because combining prior art elements according to known methods would yield predictable results. Schultz ‘825 notes that the texture is generated based on pattern pieces of garments and provides an implementation of a colored texture map for a pair of jeans wherein the front left panel, back left panel, front right panel, and back right panel are all separated from one another. Stuyck discloses the detachment of pant panels wherein the left leg and right leg components are combined to their forward/backward counterpart but wherein each side is separated from the opposing leg on the texture map. Stuyck demonstrates the methodology as a reasonable way by which to segment the garment for applying the simulated fabric to a model and therefore the combination would have yielded these results and would have been obvious.
Regarding claim 20, the proposed combination discloses The method of claim 19 as stated previously. The proposed combination in further view of Schultz ‘825 discloses wherein a front view of the second texture-mapped model comprises the right front leg panel coupled to the left front leg panel, and a back view of the second texture-mapped model comprises the right back leg panel coupled to the left back leg panel. ((Schultz ‘825, ¶230) " In an implementation, the preview tool includes one or more options for displaying the front and back of the base garment image or for smooth rotation of the garment image for viewing from more view than front and back. The front and back view of jeans 4500 are both shown in a three-dimensional view so that a user can see how the jeans will appear on their body in three-dimensions"); (See also Figure 38 depicting a right leg panel coupled to a left leg panel for a pair of jeans from the back view and wherein a front view is also an option to select within the user interface)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sights et al (US 20190264380 A1) discloses a garment customization and ordering system that includes the laser finishing of garments.
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/E.G.L./Examiner, Art Unit 2187
/EMERSON C PUENTE/Supervisory Patent Examiner, Art Unit 2187
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