DETAILED ACTION
This action is in response to communications filed on 05/20/2026 in which no claims were cancelled nor added from the 1-23 claims originally presented. Claims 1-6, 8-10, 12-19, and 21-22 were amended. Claims 1-23 are presented for examination
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Specification
The applicant has amended the specification of the present application to correct minor clerical informalities and editorial changes.
Examiner agrees that the changes made to the specification do not introduce new matter.
Claims
Applicant has amended claims in response to the previous action and to make editorial changes and asserts that the changes are fully supported by the specification.
The amended claims have been evaluated with respect to the originally filed disclosure and the newly-added limitations appear to be adequately supported such that it is apparent to the examiner that the applicant had possession of the claimed invention at the time of filing. No new matter has been introduced by way of amendment.
Response to Arguments
Specification
Applicant has amended the specification in response to objections set forth for minor clerical informalities and submits that no new matter is added by way of the amendments.
The amendments sufficiently overcome the previously set forth objections and have accordingly been withdrawn.
Claim Objections
Applicant has amended claims 1-2, 15, and 22 in response to the previously set forth objections for minor informalities and submits that the amendments overcome the objections.
The amendments to these claims overcome the previously set forth objections and are accordingly withdrawn (claims 1-2, 15 ,and 22). However, applicant has not addressed the outstanding issue with Claim 7 as cited previously and stated again in this action. Claim 7 remains objected to.
Rejections under 35 U.S.C. § 112
Applicant has amended the claims 1-6, 8-10, 12-19, and 21-22 in response to the previously set forth rejections under 35 U.S.C. § 112(b) for failing to particularly point out and distinctly claim the subject matter which the applicant regards as the invention. Applicant submits amendments render the rejections moot.
The arguments have been considered in light of the amendments. The amendments appear to sufficiently resolve the previously cited portions of the claims which rendered the claims indefinite. Accordingly, the rejection has been withdrawn.
Rejections under 35 U.S.C. § 101
Applicant argues that the office has erroneously alleged several limitations of the claim can be performed practically in the human mind or using assistive aids. The applicant submits that several cited limitations of the claim simply cannot be performed in the human mind or using assistive aid, specifically pointing to the pixel- level operations of the claimed digital input file and the claimed image and noting that a human cannot perceive no combine a value of a pixel at a pixel location in a digital pattern mask file with that pixel at the same location of an image file.
The argument has been fully considered but is not persuasive. The value of the pixel is not claimed such that it could not be perceivable by the human mind. Furthermore, the pixel size or resolution is not so limited by the claim such that the pixel location is not discernable by a human being. For example, a pixel map may be derived as a representation from a digital image, wherein a pixel map includes the color values, perhaps as a numeric value representative of a color or combinations of colors, and positions for every individual pixel location. A human being is more than capable of observing these locations of the pixel map and the corresponding representative values at such location(s) to make judgements and correlations between them (such as to extract contributions of the pixels and to combine such contributions in an evaluation to draw a conclusion on a combined value for assigning for the preview image). The requirement by the claim that this is done in a digital file is the mere employment of a computer to do that which could otherwise be done in the human mind.
The applicant further argues that texture mapping of a two dimensional image onto two separate two dimensional models cannot be performed practically in the human mind or using assistive aids. A texture mapping is not defined by the claim such that it is beyond human capacity. Under broadest reasonable interpretation, a texture mapping may entail assigning pixels in the image to surface mappings of a polygon (See specification ¶372). Such an assignment may reasonably performed by a human being in the mind and using assistive aids. The requirement to perform such task in a digital environment is merely the statement that the process which can be construed as mental process is performed in the computing environment. Per MPEP 2106.04(a)(2)(III):
“The courts do not distinguish between mental processes that are performed entirely in the human mind and mental processes that require a human to use a physical aid (e.g., pen and paper or a slide rule) to perform the claim limitation” and further “Nor do the courts distinguish between claims that recite mental processes performed by humans and claims that recite mental processes performed on a computer. As the Federal Circuit has explained, "[c]ourts have examined claims that required the use of a computer and still found that the underlying, patent-ineligible invention could be performed via pen and paper or in a person’s mind. Versata Dev. Group v. SAP Am., Inc., 793 F.3d 1306, 1335, 115 USPQ2d 1681, 1702 (Fed. Cir. 2015).”.
As such, by not considering the implementation in a digital environment, the claim would otherwise read as the design of images for application on models which could be performed in the physical realm using pen and paper. Stating that the claim requires the use of digital images and digital models does not preclude the steps from otherwise being performed mentally and using assistive aids. This is simply performing the mental process in a computer environment. See further MPEP 2106.04(a)(2)(III):
“Claims can recite a mental process even if they are claimed as being performed on a computer.”, “In evaluating whether a claim that requires a computer recites a mental process, examiners should carefully consider the broadest reasonable interpretation of the claim in light of the specification. For instance, examiners should review the specification to determine if the claimed invention is described as a concept that is performed in the human mind and applicant is merely claiming that concept performed 1) on a generic computer, or 2) in a computer environment, or 3) is merely using a computer as a tool to perform the concept. In these situations, the claim is considered to recite a mental process.“
The applicant further argues that the methodology claimed does not automate a known process but rather provides a technical improvement to visualization by achieving a photorealistic accuracy in previews that is unattainable through standard texture mapping or manual drawing.
The argument has been considered but is not persuasive. The improvement appears to be rooted in the steps which can be construed as mental process. Any further alleged improvement appears to flow as a direct consequence to the improvement of the mental process. Per MPEP 2106.05(a)(II): “However, it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology.” Rather, per MPEP 2106.05(a), “It is important to note, the judicial exception alone cannot provide the improvement. The improvement can be provided by one or more additional elements.”.
The applicant further argues that the claimed limitations have not been considered separately or as a whole.
The limitations have been evaluated independently and collectively. The claims of the present application are directed to a way to design and visualize the design of apparel, particularly jeans, wherein the design includes laser finishing patterns. The claims note using digital files, 2D images, 3D previews, and a user interface provided on a computing environment as part of the design process. The goal of the claimed invention is to make apparel customization faster by way of using a computing environment as a tool to design the garment and to present visualizations of the design and further describes the ordering of such garment using a website (which is a method of organizing human activity to include sales which is merely done in a computing environment) and manufacture of such garment using a light amplification process. In at least claims 3, 4, and 15, the claimed manufacturing process using the optimized design is merely the application of a design because “using at least information in the digital input file” does not apply the result obtained from the mental process in a meaningful way to the light amplification process. That is, the claims do not disclose a particular solution to a problem but rather recite a sequence of steps which can be construed as mental process, except for the recitation of a generic computing environment as a tool to perform the process and then further recite merely applying the optimized design in a generically recited way. See MPEP 2106.05(a) consideration:
“An important consideration in determining whether a claim improves technology is the extent to which the claim covers a particular solution to a problem or a particular way to achieve a desired outcome, as opposed to merely claiming the idea of a solution or outcome.”
When viewed as a whole, the claims appear to be using generic computers to perform a task which can practically be performed in the human mind or using assistive aids. The way by which the optimized design (obtained by the mental process) is leveraged in the manufacturing process does not appear to integrate the judicial exception into a practical application- i.e. it is not claimed how the information of the digital input file is meaningfully used by the light amplification process such that it would demonstrate any inventive concept or alleged improvement to such process. The improved design process appears to be the core inventive concept of the claims, wherein such process is an abstract idea. The relationship or the way the steps of the mental process interact with the additional elements, as well as the additional elements alone themselves do not present an inventive concept.
For the reasons stated in this response, in conjunction with the updated rejection of this action, the claims remain rejected under 35 U.S.C. § 101.
Rejections under 35 U.S.C. § 103
Applicant submits that neither references U.S. patent publication 2020/0048825 nor U.S. patent publication 2019/0129604 qualify as prior art under section 102(b)(2)(C). The applicant notes that the applicant of the present application (Levi Strauss & Co.) is the same as in these references and accordingly argues that the references do not qualify as prior art.
While the examiner agrees that under the exception 102(b)(2)(C) of prior art basis under 102(a)(2), the references would not qualify as prior art, the examiner disagrees that the references may not be used as prior art at all. The references do qualify as prior art under 102(a)(1). There are no requirements that the references qualify under both 102(a)(1) and 102(a)(2) but rather either basis of rejection is valid.
The basis for the rejection in the previous action relied on the public availability date of the references, under 102(a)(1).
The present application was filed on 08/08/2022. The earliest claimed priority date of record for the present application corresponds to the provisional application 63/260,060 which was filed on 08/06/2021.
The US patent publication 2020/0048825 was made publicly available on 02/13/2020, per the cover sheet of the PGPub.
The US patent publication 2019/0129604 was made publicly available on 05/02/2019, per the cover sheet of the PGPub.
Under 102(a)(1), there exists a 1-year grace period to invoke exceptions in the consideration of references as prior art. Both references argued by the applicant have public availability dates which exceed the grace period of 08/06/2020 (1-Year prior to the earliest priority date claimed of the present application)
With such considerations, regardless of whether the art and the present application were commonly owned, the art applied qualifies as prior art under 102(a)(1) and does not fit the criteria for an exception under this basis. Accordingly, under this basis of the rejection, the rejections to the claims under 35 U.S.C. § 102/103 have been maintained and still rely on these references.
Claim Objections
Claims 3, 5, and 7 are objected to because of the following informalities:
Claim 3 recites “the product” in line 3 which should instead be “a product”. Claim 2 introduces “a product” but claim 3 does not depend from claim 2.
Claim 5 recites “the process” in line 1 and “the product” in lines 1-2 which should instead be “a process” and “a product”, respectively. Claim 3 introduces “a process” but claim 5 does not depend from claim 3. Likewise, Claim 2 introduces “a product” but claim 5 does not depend from claim 2.
Claim 7, Line 1, “method or claim 6” should read “method of claim 6”.
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.
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 template and upon a selection by the user 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 two or more finishing patterns and upon the 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 finishing pattern with an image of the garment template to generate a combined image, wherein the combined image is generated at least 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.(MPEP 2106.04(a)(2)(III) “Nor do the courts distinguish between claims that recite mental processes performed by humans and claims that recite mental processes performed on a computer.”)
generating an adjusted base image from the image of the garment template without the finishing pattern selected by the user; 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 i.e. by drawing a modified based image on a paper. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
generating a pattern mask at least by altering a plurality of pixels in the digital input file associated with the 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 modify pixel values of said file 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, wherein the associated pixels are not claimed beyond modification by human capacity. 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 in the combined image at least by combining a first value for a first pattern mask pixel corresponding to the pixel location for the pattern mask and a first garment template pixel corresponding to the pixel location for the image of the garment template without the 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. For example, by extracting the pertinent pixel map of an image such that the locations and values of said pixels are represented as a matrix or some other humanly readable representation and then by a human evaluating the values of the color for such pixel (perhaps as the RBG color values), making a judgement as to what the combined values yield. 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 in the combined image by combining a second value for a second pattern mask pixel corresponding to the pixel location for the pattern mask and an adjusted base image 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. For example, by extracting the pertinent pixel map of an image such that the locations and values of said pixels are represented as a matrix or some other humanly readable representation and then by a human evaluating the values of the color for such pixel (perhaps as the RBG color values), making a judgement as to what the combined values yield. 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 preview image 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. For example, a human being can observe the representative contributions and make a judgement as to what a corresponding color value would be that reflects such contributions. Subsequently a human being can assign such a color value for a location on a given image. 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 first 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 and/or making assignments of the texture values to defined geometric components of a model. (See specification 372 describing process which may be performed). Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
performing a second 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 and/or making assignments of the texture values to defined geometric components of a model. (See specification 372 describing process which may be performed). 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.
providing a garment design tool that shows a preview image of a garment design on a screen - 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 mental process and in which such computer would have capability for existing display functionality on a screen.
in the garment design tool, …, showing in the screen a first preview image of the 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 of displaying to a screen.
in the garment design tool, [[…]] showing, on the screen, a second preview image of the garment template with the finishing pattern selected by the user, wherein each finishing pattern of the two or more finishing patterns is associated with a respective digital input file. 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 of displaying to a screen/ having a user interface by which to select. The limitation further describes the relationship of the finishing patterns to a corresponding digital representation which amounts to generically linking the judicial exception to a digital environment. (Field of Use and Technological Environment (MPEP 2106.05(h)))
using the color value for the preview image 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. That is, “using” the color value does not impose meaningful limitations as to how the value is used in a meaningful way
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 because the way in which the identified additional claim elements beyond the judicial exception interact with the exception do not impose meaningful limits on the claim nor reflect an improvement to the functioning of any technology. The improvement appears to be rooted in the design process itself, wherein such design process is a mental process that cannot provide the improvement. There are not specific steps that demonstrate using such a design in a particular way so as to reflect any other alleged improvement.
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. The inventive concept appears to be in the manipulation and display of images which can be performed practically in the human mind or using assistive aids. The additional elements do not contribute to the inventive concept or interact with the concept in any further inventive capacities. 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 template and upon a selection of the garment template by the user 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 two or more finishing patterns and upon a selection of the finishing pattern 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 finishing pattern with an image of the garment template to generate a combined image, wherein the combined image is generated at least 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.(MPEP 2106.04(a)(2)(III) “Nor do the courts distinguish between claims that recite mental processes performed by humans and claims that recite mental processes performed on a computer.”)
generating an adjusted base image from the image of the garment template without the 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 by drawing. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
generating a pattern mask based at least in part on the digital input file associated with the 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 at least by combining a first value for a first pattern mask pixel corresponding to the pixel location for the pattern mask and a garment template pixel corresponding to the pixel location for the image of the garment template without the 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. For example, by extracting the pertinent pixel map of an image such that the locations and values of said pixels are represented as a matrix or some other humanly readable representation and then by a human evaluating the values of the color for such pixel (perhaps as the RBG color values), making a judgement as to what the combined values yield. 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 at least by combining a second value for a second pattern mask pixel corresponding to the pixel location for the pattern mask and an adjusted base image 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. For example, by extracting the pertinent pixel map of an image such that the locations and values of said pixels are represented as a matrix or some other humanly readable representation and then by a human evaluating the values of the color for such pixel (perhaps as the RBG color values), making a judgement as to what the combined values yield. 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 the 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. For example, a human being can observe the representative contributions and make a judgement as to what a corresponding color value would be that reflects such contributions. Subsequently a human being can assign such a color value for a location on a given image. 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 first 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 and/or making assignments of the texture values to defined geometric components of a model. (See specification 372 describing process which may be performed). Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
performing a second 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.
at which an order by a customer for a product a product of the garment design …based at least on the plurality of two-dimensional first images is received 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 at least in part on the plurality of two-dimensional 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 - 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 mental process and in which such computer would have capability for existing display functionality on a screen.
in the garment design tool [[…]] showing, in the screen. a first preview image of the 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 of displaying to a screen.
in the garment design tool [[…]] showing, on the screen, a second preview image of the garment template with the finishing pattern selected by the user, wherein each finishing pattern is associated with a respective digital input file- 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 of displaying to a screen/ having a user interface by which to select. The limitation further describes the relationship of the finishing patterns to a corresponding digital representation which amounts to generically linking the judicial exception to a digital environment. (Field of Use and Technological Environment (MPEP 2106.05(h)))
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 generally amounting to the words “apply it” with regard to the value obtained as part of the mental process. That is, “using” the color value does not impose meaningful limitations as to how the value is used in a meaningful way
presenting the plurality of two-dimensional first images at an online site- This limitation has been identified as Insignificant Extra Solution Activity (MPEP 2106.05(g)) of mere data outputting and Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for invoking the use of computers as a tool to perform an existing process of displaying data to a screen
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 at least by controlling a light amplification process of a device using at least information in the digital input file, - 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 way by which the manufacturing process uses the information in the digital input file is not claimed in such a way that would integrate the exception into a practical application because the methodology does not demonstrate an inventive use for the digital file in the 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 because the way in which the identified additional claim elements beyond the judicial exception interact with the exception do not impose meaningful limits on the claim nor reflect an improvement to the functioning of any technology. The improvement appears to be rooted in the design process itself, wherein such design process is a mental process that cannot provide the improvement. There are not specific steps that demonstrate using such a design in a particular way so as to reflect any other alleged improvement.
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 an 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 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. The inventive concept appears to be in the manipulation and display of images which can be performed practically in the human mind or using assistive aids. The additional elements do not contribute to the inventive concept or interact with the concept in any further inventive capacities. 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:
that generates at least a [[…]] file including a finishing pattern, that is used in controlling a light amplification process of a device using at least information in the digital input file, The claim limitation can be reasonably read to entail creating a file with a finishing pattern in which the file can be used in an unspecified way for controlling a light amplification process which can be done practically in the human mind by using a pen and paper as assistive physical aids to draw. For example, a human being can create a file using pen and paper that has a finishing pattern and may perhaps have instructions written down on how to operate a device for a light amplification process. 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 the finishing pattern for a garment [[…]] and allows editing of the finishing pattern, wherein 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 for example by drawing something in 3D grid with a high level of detail. 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.
generating the 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, for example by presenting an image of a 3d texturized representation. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
a first three-dimensional model with first textures of the first apparel design obtained by performing a first texture mapping of the first apparel design, which is two-dimensional, 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/mapping in the human mind or using pen and paper as assistive physical aids by assigning textures to given geometrical components. Therefore, this claim limitation includes the recitation of the judicial exception of abstract ideas of a mental process.
a second three-dimensional model with second textures of the first apparel design obtained by performing a second texture mapping of the first apparel design, which is two-dimensional, 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 the first 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 the second 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 … on a computer screen … - 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 the judicial exception, or performing the judicial exception in a computer environment
… permitted by the digital design tool … - 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 the judicial exception, or performing the judicial exception in a computer environment
and saving the first combination as a first apparel design, and - This limitation has been identified as Insignificant Extra Solution Activity (MPEP 2106.05(g))
… on the computer 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))); and adding insignificant extra- solution activity to the judicial exception (Insignificant Extra Solution Activity (MPEP 2106.05(g))) 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 because the way in which the identified additional claim elements beyond the judicial exception interact with the exception do not impose meaningful limits on the claim nor reflect an improvement to the functioning of any technology. The improvement appears to be rooted in the design process itself, wherein such design process is a mental process that cannot provide the improvement. There are not specific steps that demonstrate using such a design in a particular way so as to reflect any other alleged improvement and the claim merely recites performing the exception in a computing environment.
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 (Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;).
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)) as stated previously. The courts have found that merely using a computer as a tool to perform a mental process 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 presenting the plurality of two-dimensional first images [[…]] at which can order by a customer for a product of the garment design based at least in part on the plurality of two-dimensional first images is received before manufacture of the product which can reasonably be read to entail observing and 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 of customer ordering 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 at an online site which has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for performing the judicial exception in a computing environment or using a computer as a tool to execute the exception(s). The courts have ruled invoking the use of a computer to perform an 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 invoking the use of generic computers as a tool 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 at least in part on the plurality of two-dimensional 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)) for limiting the use of the exception for a specified environment. Additionally, the claim recites making the product using the process for manufacturing the product, making the product comprising controlling a light amplification process of a device using at least information in the digital input file. 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. “Making the product” using the information obtained as part of the mental process does not provide a particular solution by which the information is leveraged in any sort of inventive capacity. I.e. how the digital input file is particularly used in the manufacturing process is not explicitly stated in the claim. 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 (See MPEP 2106.05(I)(A) limitations examples).
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 further comprising controlling a light amplification process of a device using at least information in the digital input file, which has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for amounting to the words “apply it” with regard to the file obtained as part of the mental process. The way by which the file is particularly used to control the process is not claimed such that a particular steps are given as a solution to a particular problem by the claims. The claim further recites 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 merely reciting the words “apply it” and 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. (See MPEP 2106.05(I)(A) limitations examples).
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 finishing pattern selected by the user on a garment corresponding to the 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 and not clearly reciting particular steps of how the file is meaningfully used in the manufacturing process. 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 a 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 first or the second 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 the combined image includes 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, both of 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 an on-screen view of the first texture-mapped model of the garment design. This limitation has been identified as Mere Instructions to Apply an Exception (MPEP 2106.05(f)) for invoking the use of computers to perform existing processes, whereby visualizing data on screen and interacting with it in a user interface are generic computing functions.
Step 2B: The courts have found that limitations that amount to invoking the use of computers to perform generic computer functions 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 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 includes 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 finishing pattern on a garment corresponding to the 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 a 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 first or the second 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 includes a color map, 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, both of 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 a first apparel design preview comprising a combined image generated at least by combining a first digital input file associated with the first finishing pattern with an image of the garment template, combining the first digital input file with the 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 at least in part 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 at least by combining a first value for a first pattern mask 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 at least by combining a second value for a second pattern mask pixel corresponding to the pixel location for the pattern mask and an adjusted base image pixel corresponding to the pixel location for the adjusted base image;
combining the first contribution and second contribution to obtain a color value for the 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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 21 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schultz et al (US 20200048825 A1), hereinafter referred to as Schultz ‘825
Examiner note: This claim was previously listed under the rejections under 35 U.S.C. § 103 in the prior action. This header was a typographical mistake that is being corrected per this action. The rationale supporting the rejection is the same under either status.
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, that generates at least a digital input file including a finishing pattern that is used in controlling a light amplification process of a device using at least information in the digital input file, wherein the digital design tool generates a three-dimensional photorealistic visualization the finishing pattern for a garment on a computer screen and allows editing of the finishing pattern, wherein((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 of laser 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 jeans pattern 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 finishing technique using a laser for the garment using light amplification and the laser is controlled by the input file ((Schultz ‘825, ¶90) "FIG. 2 shows a finishing technique that includes the use of a laser 207. A laser is a device that emits light through a process of light amplification based on the stimulated emission of electromagnetic radiation from lasing elements (e.g., gas molecules, atoms in a crystal lattice, or organic molecules)."); ((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")
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 a 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.
generating the three-dimensional photorealistic visualization of the first apparel design comprises displaying, on the computer 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. The tablet is referred to as a tablet computer ((Schultz ‘825, ¶10) "In a specific implementation, a system includes a tablet computer. The tablet computer includes a touch screen display, where a first ordering screen on the tablet computer."). See Figs 65D and 65E with multiple textures.
a first three-dimensional model with first textures of the first apparel design obtained by performing a first texture mapping of the first apparel design, which is two-dimensional, onto the first three-dimensional model; ((Schultz ‘825, ¶291-293) "FIG. 65A shows an example of a first shadow neutral texture, which is a pair of jeans having a finish of a first shade. FIG. 65B shows an example of a second shadow neutral texture, which is a pair of jeans having a finish of a second shade. The second shade is different and lighter than the first shade. FIG. 65C shows various view of a three dimensional model. There are front, back, left side, and right side views. 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 of the preview image. FIG. 65E shows of the second shadow neutral texture mapped to the three-dimensional model to generate a corresponding preview image. The figure shows various view of the preview image. FIGS. 65A-65E show how a single three-dimensional model can be used with multiple shadow neutral texture to generate a multiple preview images. This allows one three-dimensional model to be used with multiple shadow neutral textures to more easily and rapidly generate preview images with different finishes."). See Figs 65A and 65B as two-dimensional textures.
a second three-dimensional model with second textures of the first apparel design obtained by performing a second texture mapping of the first apparel design, which is two-dimensional, onto the second three-dimensional model, wherein the second three-dimensional model is different from the first three-dimensional model; ((Schultz ‘825, ¶291-293) "FIG. 65A shows an example of a first shadow neutral texture, which is a pair of jeans having a finish of a first shade. FIG. 65B shows an example of a second shadow neutral texture, which is a pair of jeans having a finish of a second shade. The second shade is different and lighter than the first shade. FIG. 65C shows various view of a three dimensional model. There are front, back, left side, and right side views. 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 of the preview image. FIG. 65E shows of the second shadow neutral texture mapped to the three-dimensional model to generate a corresponding preview image. The figure shows various view of the preview image. FIGS. 65A-65E show how a single three-dimensional model can be used with multiple shadow neutral texture to generate a multiple preview images. This allows one three-dimensional model to be used with multiple shadow neutral textures to more easily and rapidly generate preview images with different finishes."). See Figs 65A and 65B as two-dimensional textures. ((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")
a plurality of two-dimensional first images generated from the first three-dimensional model with the first 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)."). See fig 65D depicting multiple image views of a first texture on a model.
a plurality of two-dimensional second images generated from the second three-dimensional model with the second 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).") See fig 65E depicting multiple image views of a second texture on a model.
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 1-7, 9, 12-17, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Schultz 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; 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 template and upon a selection by the user, showing in the screen a first preview image of the 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 two or more finishing patterns and upon the selection, showing, on the screen, a second preview image of the garment template with the finishing pattern selected by the user, wherein each finishing pattern of the two or more finishing patterns is associated with a respective 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."); ((Schultz ‘825, Claim 21) "allowing display of a third computer screen option of the garment-preview tool on the computer screen to allow the user to select a finishing pattern from a plurality of finishing patterns, wherein each finishing pattern is associated with a laser input file to be used by a computer controller laser system to produce the selected finishing pattern on the selected base garment;")
combining a digital input file associated with the finishing pattern with an image of the garment template to generate a combined image, wherein the combined image is generated at least 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 garment template without the finishing pattern selected by the user; 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 at least by altering a plurality of pixels in the digital input file associated with the 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, wherein the negative/reverse of the file corresponds to pixels of the image ((Schultz ‘825, ¶182-183) "The laser pattern mask is a negative image or reverse image of the laser input file. For the laser input file, during laser burning or ablating, a white pixel means the pixel is not lasered (which results in the original indigo color of the fabric), and a black pixel means the pixel will be lasered at highest level (which results in the whitest color that can be achieved on the fabric). In an implementation, the laser input file has 256 levels of gray, and for levels between O (e.g., black) and 255 (e.g., white), then the amount of laser burning or laser ablating will be proportionally somewhere in between. 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 in the combined image at least by combining a first value for a first pattern mask pixel corresponding to the pixel location for the pattern mask and a first garment template pixel corresponding to the pixel location for the image of the garment template without the finishing pattern;]]
[[for the pixel at the pixel location of the combined image, obtaining a second contribution at the pixel location in the combined image by combining a second value for a second pattern mask pixel corresponding to the pixel location for the pattern mask and an adjusted base image 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 preview image pixel at the pixel location for the second preview image; and]]
[[using the color value for the preview image pixel at the pixel location in the combined image;]]
performing a first 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 second 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 images can be made for a single 3d model and multiple 3d models with texture may be made, to include first and second 3d models ((Schultz ‘825, ¶293-294) "FIGS. 65A-65E show how a single three-dimensional model can be used with multiple shadow neutral texture to generate a multiple preview images. This allows one three-dimensional model to be used with multiple shadow neutral textures to more easily and rapidly generate preview images with different finishes. 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 images can be made for a single 3d model and multiple 3d models with texture may be made, to include first and second 3d models ((Schultz ‘825, ¶293-294) "FIGS. 65A-65E show how a single three-dimensional model can be used with multiple shadow neutral texture to generate a multiple preview images. This allows one three-dimensional model to be used with multiple shadow neutral textures to more easily and rapidly generate preview images with different finishes. 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 in the combined image at least by combining a first value for a first pattern mask pixel corresponding to the pixel location for the pattern mask and a first garment template pixel corresponding to the pixel location for the image of the garment template without the 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 in the combined image by combining a second value for a second pattern mask pixel corresponding to the pixel location for the pattern mask and an adjusted base image 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 preview image pixel at the pixel location for the second preview image; and ((Schultz ‘604, ¶14) “The second garment preview image can be generated by: generating an adjusted base image from the jean base image without the selected wear pattern; generating a pattern mask based on the laser input file associated with the selected wear pattern; for a pixel at a pixel location of the second preview image, obtaining a first contribution for the pixel location of the second preview 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 jeans base image; for the pixel at the pixel location of the second preview image, obtaining a second contribution at the pixel location for the second preview 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 displaying the color value for the pixel at the pixel location in the second preview image”); ((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 preview image 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 2, the proposed combination discloses The method of claim 1 comprising: as stated previously.
The proposed combination discloses in further view of Schultz ‘825 presenting the plurality of two-dimensional first images at an online site, at which an order by a customer for a product of the garment design based at least in part on the plurality of two-dimensional first images is received before manufacture of the product. The 2D shadow neutral textures are generated, as described in claim 1 and the textures are applied to a model for a preview image, as a presentation of the texture images (((Shultz ‘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. 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."). ((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."). The system can be accessed as a web application in a web browser ((Schultz ‘825, ¶141) " The system can run in platform-independent, nonnative applications. For example, client can access the system through a Web application from one or more servers using a network connection with the server or servers and load the Web application in a Web browser."). The application can be used to place orders for the design, wherein the design is captured by the visualization and confirmation of the preview image ((Schultz ‘825, ¶202) " The consumer digital brief tool may be operated in a mobile processing system that can be moved from location to location where consumers can order and purchases garments that they consumers customize using the consumer digital brief tool"); ((Schultz ‘825, ¶226) " In an implementation, the preview tool displays a garment preview image 4500 of the preview tool in combinations with the order options displayed in the menu 4501. The garment preview image may be a base garment image having user selected options. The order options may include options provided by the preset design tool 805, the custom design tool 815, and the sizing tool 810. The preview tool interface can be adapted to update the base garment image as various order options are selected from the menu. While the base garment image is jeans, the image can be any selected garment, bag, or others."). The designed products are manufactured after the order of the products ((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.")
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 at least in part on the plurality of two-dimensional 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).")
making the product comprising controlling a light amplification process of a device using at least information in the digital input file. ((Schultz ‘825, ¶90) " FIG. 2 shows a finishing technique that includes the use of a laser 207. A laser is a device that emits light through a process of light amplification based on the stimulated emission "); ((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 4, the proposed combination discloses The method of claim 1 as stated previously.
The proposed combination in further view of Schutlz ‘825 discloses further comprising controlling a light amplification process of a device using at least information in the digital input file, ((Schultz ‘825, ¶90) " FIG. 2 shows a finishing technique that includes the use of a laser 207. A laser is a device that emits light through a process of light amplification based on the stimulated emission "); ((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.")
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 finishing pattern selected by the user on a garment corresponding to the 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 a 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. "); ((Schultz ‘825, ¶285) "There are various ways to generate a three-dimensional model. One technique is to generate a three-dimensional model from a scan of a physical three-dimensional object, such as a fit model or mannequin. Another technique to create a three-dimensional model from scratch using software. Such software can allow a designer to three-dimensional model analogous to using molding a clay sculpture. Another technique to create a three-dimensional model from software (e.g., computer aided design (CAD) or computer aided manufacturing (CAM) tool) where two-dimensional pattern pieces of a garment are converted into to three dimensions.")
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"); ((Schultz ‘825, ¶213) "FIG. 38 shows a screen showing back of a pair of jeans where patterns hwm 073 back TR, hwm 073 back TL, hwm 073 back BR, and hwm 073 back BL have been applied. A selected intensity is 0.40 and bright point is 0.23. The coloration of the jeans and patterns are adjusted and applied in real time, showing the how the back of the jeans will appear after manufacture."); ((Schultz ‘825, ¶285) "There are various ways to generate a three-dimensional model. One technique is to generate a three-dimensional model from a scan of a physical three-dimensional object, such as a fit model or mannequin. Another technique to create a three-dimensional model from scratch using software. Such software can allow a designer to three-dimensional model analogous to using molding a clay sculpture. Another technique to create a three-dimensional model from software (e.g., computer aided design (CAD) or computer aided manufacturing (CAM) tool) where two-dimensional pattern pieces of a garment are converted into to three dimensions.")
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 the combined image includes 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 an on-screen view of 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"). The preview images are displayed on a screen ((Schultz ‘825, ¶193) "These create preview image process uses these three inputs to create a preview image 2727, which can be displayed on a computer screen for the user.").
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 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 finishing pattern includes 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 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; 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 template and upon a selection of the garment template by the user, showing, in the screen, a first preview image of the 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 two or more finishing patterns and upon a selection of the finishing pattern, showing, on the screen, a second preview image of the garment template with the finishing pattern selected by the user, wherein each finishing pattern is associated with a respective 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."); ((Schultz ‘825, Claim 21) "allowing display of a third computer screen option of the garment-preview tool on the computer screen to allow the user to select a finishing pattern from a plurality of finishing patterns, wherein each finishing pattern is associated with a laser input file to be used by a computer controller laser system to produce the selected finishing pattern on the selected base garment;")
combining a digital input file associated with the finishing pattern with an image of the garment template to generate a combined image, wherein the combined image is generated at least 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 garment template without the 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 at least in part on the digital input file associated with the 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, wherein the negative/reverse of the file corresponds to pixels of the image ((Schultz ‘825, ¶182-183) "The laser pattern mask is a negative image or reverse image of the laser input file. For the laser input file, during laser burning or ablating, a white pixel means the pixel is not lasered (which results in the original indigo color of the fabric), and a black pixel means the pixel will be lasered at highest level (which results in the whitest color that can be achieved on the fabric). In an implementation, the laser input file has 256 levels of gray, and for levels between O (e.g., black) and 255 (e.g., white), then the amount of laser burning or laser ablating will be proportionally somewhere in between. 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 at least by combining a first value for a first pattern mask pixel corresponding to the pixel location for the pattern mask and a garment template pixel corresponding to the pixel location for the image of the garment template without the 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 at least by combining a second value for a second pattern mask pixel corresponding to the pixel location for the pattern mask and an adjusted base image pixel corresponding to the pixel location for the adjusted base image;]]
[[combining the first contribution and second contribution to obtain a color value for the 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 first 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 second 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 images can be made for a single 3d model and multiple 3d models with texture may be made, to include first and second 3d models ((Schultz ‘825, ¶293-294) "FIGS. 65A-65E show how a single three-dimensional model can be used with multiple shadow neutral texture to generate a multiple preview images. This allows one three-dimensional model to be used with multiple shadow neutral textures to more easily and rapidly generate preview images with different finishes. 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 images can be made for a single 3d model and multiple 3d models with texture may be made, to include first and second 3d models ((Schultz ‘825, ¶293-294) "FIGS. 65A-65E show how a single three-dimensional model can be used with multiple shadow neutral texture to generate a multiple preview images. This allows one three-dimensional model to be used with multiple shadow neutral textures to more easily and rapidly generate preview images with different finishes. 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")
presenting the plurality of two-dimensional first images at an online site, at which an order by a customer for a product of the garment design based at least on the plurality of two-dimensional first images is received before manufacture of the product; The 2D shadow neutral textures are generated, as described in claim 1 and the textures are applied to a model for a preview image, as a presentation of the texture images (((Shultz ‘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. 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."). ((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."). The system can be accessed as a web application in a web browser ((Schultz ‘825, ¶141) " The system can run in platform-independent, nonnative applications. For example, client can access the system through a Web application from one or more servers using a network connection with the server or servers and load the Web application in a Web browser."). The application can be used to place orders for the design, wherein the design is captured by the visualization and confirmation of the preview image ((Schultz ‘825, ¶202) " The consumer digital brief tool may be operated in a mobile processing system that can be moved from location to location where consumers can order and purchases garments that they consumers customize using the consumer digital brief tool"); ((Schultz ‘825, ¶226) " In an implementation, the preview tool displays a garment preview image 4500 of the preview tool in combinations with the order options displayed in the menu 4501. The garment preview image may be a base garment image having user selected options. The order options may include options provided by the preset design tool 805, the custom design tool 815, and the sizing tool 810. The preview tool interface can be adapted to update the base garment image as various order options are selected from the menu. While the base garment image is jeans, the image can be any selected garment, bag, or others."). The designed products are manufactured after the order of the products ((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.")
at a manufacturing facility, based at least in part on the plurality of two-dimensional 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).")
at least by controlling alight amplification process of a device using at least information in the digital input file. ((Schultz ‘825, ¶90) " FIG. 2 shows a finishing technique that includes the use of a laser 207. A laser is a device that emits light through a process of light amplification based on the stimulated emission "); ((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. ")
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 at least by combining a first value for a first pattern mask pixel corresponding to the pixel location for the pattern mask and a garment template pixel corresponding to the pixel location for the image of the garment template without the 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 at least by combining a second value for a second pattern mask pixel corresponding to the pixel location for the pattern mask and an adjusted base image 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 the pixel at the pixel location for the second preview image; and ((Schultz ‘604, ¶14) “The second garment preview image can be generated by: generating an adjusted base image from the jean base image without the selected wear pattern; generating a pattern mask based on the laser input file associated with the selected wear pattern; for a pixel at a pixel location of the second preview image, obtaining a first contribution for the pixel location of the second preview 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 jeans base image; for the pixel at the pixel location of the second preview image, obtaining a second contribution at the pixel location for the second preview 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 displaying the color value for the pixel at the pixel location in the second preview image”); ((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.
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 finishing pattern on a garment corresponding to the 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 a 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. "); ((Schultz ‘825, ¶285) "There are various ways to generate a three-dimensional model. One technique is to generate a three-dimensional model from a scan of a physical three-dimensional object, such as a fit model or mannequin. Another technique to create a three-dimensional model from scratch using software. Such software can allow a designer to three-dimensional model analogous to using molding a clay sculpture. Another technique to create a three-dimensional model from software (e.g., computer aided design (CAD) or computer aided manufacturing (CAM) tool) where two-dimensional pattern pieces of a garment are converted into to three dimensions.") 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"); ((Schultz ‘825, ¶213) "FIG. 38 shows a screen showing back of a pair of jeans where patterns hwm 073 back TR, hwm 073 back TL, hwm 073 back BR, and hwm 073 back BL have been applied. A selected intensity is 0.40 and bright point is 0.23. The coloration of the jeans and patterns are adjusted and applied in real time, showing the how the back of the jeans will appear after manufacture."); ((Schultz ‘825, ¶285) "There are various ways to generate a three-dimensional model. One technique is to generate a three-dimensional model from a scan of a physical three-dimensional object, such as a fit model or mannequin. Another technique to create a three-dimensional model from scratch using software. Such software can allow a designer to threedimensional model analogous to using molding a clay sculpture. Another technique to create a three-dimensional model from software (e.g., computer aided design (CAD) or computer aided manufacturing (CAM) tool) where two-dimensional pattern pieces of a garment are converted into to three dimensions.")
Regarding claim 22, Schultz ‘825 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 a first apparel design preview comprising a combined image generated at least by combining a first digital input file associated with the first finishing pattern with an image of the garment template, combining the first digital input file with the 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 at least in part 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 at least by combining a first value for a first pattern mask pixel corresponding to the pixel location for the pattern mask and a garment template 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 at least by combining a second value for a second pattern mask pixel corresponding to the pixel location for the pattern mask and an adjusted based image pixel corresponding to the pixel location for the adjusted base image;]]
[[combining the first contribution and second contribution to obtain a color value for the 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 at least by combining a first value for a first pattern mask pixel corresponding to the pixel location for the pattern mask and a garment template 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 at least by combining a second value for a second pattern mask pixel corresponding to the pixel location for the pattern mask and an adjusted based image 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 the pixel at the pixel location for the first apparel design preview; and ((Schultz ‘604, ¶14) “The second garment preview image can be generated by: generating an adjusted base image from the jean base image without the selected wear pattern; generating a pattern mask based on the laser input file associated with the selected wear pattern; for a pixel at a pixel location of the second preview image, obtaining a first contribution for the pixel location of the second preview 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 jeans base image; for the pixel at the pixel location of the second preview image, obtaining a second contribution at the pixel location for the second preview 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 displaying the color value for the pixel at the pixel location in the second preview image”); ((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.")
The rationale for combining the references largely mirrors that as given for claim 1 and is not restated for brevity.
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 8, 10, 11, 18, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schulz ‘825 and Schultz ‘604 as applied above to claims 1, 9, and 15 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 first or the second 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."). Stuyck describes the approach yielding realistic visualization, even with limited computational resources ((Stuyck, Col 5, Line 67- Col 6, Lines 1-4) " Hence, simulated garments with a high resolution with realistic wrinkle details can be generated by a computing device (e.g., a smart phone, a laptop, a personal computer, or a head mounted display) with limited computational resources.") Accordingly, because Schultz does not specify how the texture mapping is performed and Stuyck provides an explicit approach for generating texture maps of fabric and discloses the benefit of using such approach, 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 ‘825 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, both of 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, both of 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.").
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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 first or the second 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 includes a color map, 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, both of 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, both of 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY GORMAN LEATHERS whose telephone number is (571)272-1880. The examiner can normally be reached Monday-Friday, 9:00 am-5:00 pm ET.
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/E.G.L./ Examiner, Art Unit 2187
/EMERSON C PUENTE/ Supervisory Patent Examiner, Art Unit 2187
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