DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-5, 9-13, and 14-18 in the reply filed on 3/25/2026 is acknowledged.
Claims 6-8 and 19-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/25/2026.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 9, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fay et al. (US Publication No. 2002/0093515 A1) (cited by Applicant), further in view of Aliverti et al. (US Patent No. 10,467,744 B2) (cited by Applicant) and Potter (GB 2601511).
Regarding claim 1, Fay et al. discloses a method implemented in a computing device, comprising:
obtaining an image depicting the facial region and the other object or body part of the user (see [0019] – “For example, it may be desirable to obtain an image of a person's head including an iris, and to obtain a separate image of another body part such as a foot, using either the same imaging device or a different imaging device that is at a different elevation but at the same distance from the object (preferably the imaging devices have the same focal lengths)”);
measuring a diameter (20) of an iris in the facial region depicted in the image (see Figure 4 and [0017] – “The initial image 25 contains an image of the iris 10, and the image (or an additional image) also contains an image of an object aside from the iris, for example someone's face or an inanimate object. According to a best mode embodiment for carrying out the invention, after the image or images are obtained, a size ratio is estimated between at least one dimension of the object and the iris, by analyzing the image or images. Then, the at least one dimension of the object is approximated based upon the size ratio and the invariant iris diameter of human beings. The size ratio is preferably determined using an algorithm (see FIG. 9) in a program which counts the number of pixels 100 (see FIG. 6) in the known diameter 20 of the iris 10 initial image 25”); and
measuring a width of the other object or body part depicted in the image (see [0018] – “Referring to FIG. 6, it is easily seen, as discussed above, that the iris 10 has a constant diameter 20. Knowing this constant, as described above in detail, allows an initial image 25 (see FIG. 6) to be taken and processed, thus enabling a virtual "try-on" of eyeglasses 33 as shown in FIG. 5a, which may be displayed on a display screen as shown in FIG. 7 over the network as shown in FIG. 8. It is also apparent from FIGS. 5a and 6 that other measurements, aside from interocular distance 30, may be calculated using the present method, including mouth size 31, cheek bones 32a and 32b, eyebrows 33a and 33b, and eyelashes 34a and 34b”).
It is noted Fay et al. does not specifically teach prompting a user to place the user's hand and wrist next to a facial region of the user, wherein the image depicts the wrist of the user, or estimating an actual wrist width of the user's hand based on an actual iris diameter, the measured diameter of the iris in the facial region depicted in the image, and the measured width of the wrist of the hand depicted in the image. However, Aliverti et al. teaches prompting a user to place the user's hand and wrist next to a facial region of the user, wherein the image depicts the wrist of the user (see col. 11, lines 15-25 – “In general, any of the apparatuses and methods described herein may be configured to take images of the head, including the face and in some variations the side of the head, to determine a scaling factor, but the same video may also provide images of the body regions, generally the trunk and/or limbs, that are being fitted automatically as described herein. The subject's trunk may generally refer to the person's body apart from the limbs and head, and may specifically include the chest, shoulders, abdomen, back, waist, hips, crotch region, buttocks, etc. The limbs typically include the arms and legs”). Potter teaches measuring a width of the wrist of the hand depicted in the image (see Figures 3c-d and 4d-e and p. 4, lines 14-16 – “In one embodiment of the invention on-screen instructions show the user what they need to do, in order to obtain their hand measurements. Typically the device records hand length, hand width, and/or wrist diameters (i.e. wrist short-axis length and/or wrist long-axis length)”).
The combination of Fay et al., Aliverti et al., and Potter teaches estimating an actual wrist width of the user's hand based on an actual iris diameter (see Fay et al.: [0017] – “The initial image 25 contains an image of the iris 10, and the image (or an additional image) also contains an image of an object aside from the iris, for example someone's face or an inanimate object. According to a best mode embodiment for carrying out the invention, after the image or images are obtained, a size ratio is estimated between at least one dimension of the object and the iris, by analyzing the image or images. Then, the at least one dimension of the object is approximated based upon the size ratio and the invariant iris diameter of human beings. The size ratio is preferably determined using an algorithm (see FIG. 9) in a program which counts the number of pixels 100 (see FIG. 6) in the known diameter 20 of the iris 10 initial image 25”), the measured diameter of the iris in the facial region depicted in the image (see Fay et al.: [0017] – “The initial image 25 contains an image of the iris 10, and the image (or an additional image) also contains an image of an object aside from the iris, for example someone's face or an inanimate object. According to a best mode embodiment for carrying out the invention, after the image or images are obtained, a size ratio is estimated between at least one dimension of the object and the iris, by analyzing the image or images. Then, the at least one dimension of the object is approximated based upon the size ratio and the invariant iris diameter of human beings. The size ratio is preferably determined using an algorithm (see FIG. 9) in a program which counts the number of pixels 100 (see FIG. 6) in the known diameter 20 of the iris 10 initial image 25”), and the measured width of the wrist of the hand depicted in the image (see col. 5, line 63-col. 6, line 2 – “Providing an estimate of the subject's measurements appropriate for garment sizing may include providing measurements for one or more of: shoulder length, arm length, arm circumference, neck circumference, upper torso circumference, lower torso circumference, wrist circumference, waist circumference, hip circumference, inseam, and thigh measurement, calve measurement, etc.” and Potter: p. 4, lines 14-16 – “In one embodiment of the invention on-screen instructions show the user what they need to do, in order to obtain their hand measurements. Typically the device records hand length, hand width, and/or wrist diameters (i.e. wrist short-axis length and/or wrist long-axis length)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Fay et al. to include prompting a user to place the user's hand and wrist next to a facial region of the user, wherein the image depicts the wrist of the user, measuring a width of the wrist of the hand depicted in the image, and estimating an actual wrist width of the user's hand based on an actual iris diameter, the measured diameter of the iris in the facial region depicted in the image, and the measured width of the wrist of the hand depicted in the image, as disclosed in Aliverti et al. and Potter, so as to calculate precise body measurements in order to ensure best possible fit of apparel components such as shirts, gloves, etc. (see Aliverti et al.: col. 8, lines 26-32).
Regarding claim 9, Fay et al. discloses a system, comprising:
a memory storing instructions (see Figure 8);
a processor (42) coupled to the memory and configured by the instructions to at least:
obtain an image depicting the facial region and the other object or body part of the user (see [0019] – “For example, it may be desirable to obtain an image of a person's head including an iris, and to obtain a separate image of another body part such as a foot, using either the same imaging device or a different imaging device that is at a different elevation but at the same distance from the object (preferably the imaging devices have the same focal lengths)”);
measure a diameter (20) of an iris in the facial region depicted in the image (see Figure 4 and [0017] – “The initial image 25 contains an image of the iris 10, and the image (or an additional image) also contains an image of an object aside from the iris, for example someone's face or an inanimate object. According to a best mode embodiment for carrying out the invention, after the image or images are obtained, a size ratio is estimated between at least one dimension of the object and the iris, by analyzing the image or images. Then, the at least one dimension of the object is approximated based upon the size ratio and the invariant iris diameter of human beings. The size ratio is preferably determined using an algorithm (see FIG. 9) in a program which counts the number of pixels 100 (see FIG. 6) in the known diameter 20 of the iris 10 initial image 25”); and
measure a width of the other object or body part depicted in the image (see [0018] – “Referring to FIG. 6, it is easily seen, as discussed above, that the iris 10 has a constant diameter 20. Knowing this constant, as described above in detail, allows an initial image 25 (see FIG. 6) to be taken and processed, thus enabling a virtual "try-on" of eyeglasses 33 as shown in FIG. 5a, which may be displayed on a display screen as shown in FIG. 7 over the network as shown in FIG. 8. It is also apparent from FIGS. 5a and 6 that other measurements, aside from interocular distance 30, may be calculated using the present method, including mouth size 31, cheek bones 32a and 32b, eyebrows 33a and 33b, and eyelashes 34a and 34b”).
It is noted Fay et al. does not specifically teach prompting a user to place the user's hand and wrist next to a facial region of the user, wherein the image depicts the wrist of the user, or estimating an actual wrist width of the user's hand based on an actual iris diameter, the measured diameter of the iris in the facial region depicted in the image, and the measured width of the wrist of the hand depicted in the image. However, Aliverti et al. teaches prompting a user to place the user's hand and wrist next to a facial region of the user, wherein the image depicts the wrist of the user (see col. 11, lines 15-25 – “In general, any of the apparatuses and methods described herein may be configured to take images of the head, including the face and in some variations the side of the head, to determine a scaling factor, but the same video may also provide images of the body regions, generally the trunk and/or limbs, that are being fitted automatically as described herein. The subject's trunk may generally refer to the person's body apart from the limbs and head, and may specifically include the chest, shoulders, abdomen, back, waist, hips, crotch region, buttocks, etc. The limbs typically include the arms and legs”). Potter teaches measuring a width of the wrist of the hand depicted in the image (see Figures 3c-d and 4d-e and p. 4, lines 14-16 – “In one embodiment of the invention on-screen instructions show the user what they need to do, in order to obtain their hand measurements. Typically the device records hand length, hand width, and/or wrist diameters (i.e. wrist short-axis length and/or wrist long-axis length)”).
The combination of Fay et al., Aliverti et al., and Potter teaches estimating an actual wrist width of the user's hand based on an actual iris diameter (see Fay et al.: [0017] – “The initial image 25 contains an image of the iris 10, and the image (or an additional image) also contains an image of an object aside from the iris, for example someone's face or an inanimate object. According to a best mode embodiment for carrying out the invention, after the image or images are obtained, a size ratio is estimated between at least one dimension of the object and the iris, by analyzing the image or images. Then, the at least one dimension of the object is approximated based upon the size ratio and the invariant iris diameter of human beings. The size ratio is preferably determined using an algorithm (see FIG. 9) in a program which counts the number of pixels 100 (see FIG. 6) in the known diameter 20 of the iris 10 initial image 25”), the measured diameter of the iris in the facial region depicted in the image (see Fay et al.: [0017] – “The initial image 25 contains an image of the iris 10, and the image (or an additional image) also contains an image of an object aside from the iris, for example someone's face or an inanimate object. According to a best mode embodiment for carrying out the invention, after the image or images are obtained, a size ratio is estimated between at least one dimension of the object and the iris, by analyzing the image or images. Then, the at least one dimension of the object is approximated based upon the size ratio and the invariant iris diameter of human beings. The size ratio is preferably determined using an algorithm (see FIG. 9) in a program which counts the number of pixels 100 (see FIG. 6) in the known diameter 20 of the iris 10 initial image 25”), and the measured width of the wrist of the hand depicted in the image (see col. 5, line 63-col. 6, line 2 – “Providing an estimate of the subject's measurements appropriate for garment sizing may include providing measurements for one or more of: shoulder length, arm length, arm circumference, neck circumference, upper torso circumference, lower torso circumference, wrist circumference, waist circumference, hip circumference, inseam, and thigh measurement, calve measurement, etc.” and Potter: p. 4, lines 14-16 – “In one embodiment of the invention on-screen instructions show the user what they need to do, in order to obtain their hand measurements. Typically the device records hand length, hand width, and/or wrist diameters (i.e. wrist short-axis length and/or wrist long-axis length)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Fay et al. to include prompting a user to place the user's hand and wrist next to a facial region of the user, wherein the image depicts the wrist of the user, measuring a width of the wrist of the hand depicted in the image, and estimating an actual wrist width of the user's hand based on an actual iris diameter, the measured diameter of the iris in the facial region depicted in the image, and the measured width of the wrist of the hand depicted in the image, as disclosed in Aliverti et al. and Potter, so as to calculate precise body measurements in order to ensure best possible fit of apparel components such as shirts, gloves, etc. (see Aliverti et al.: col. 8, lines 26-32).
Regarding claim 14, Fay et al. discloses A non-transitory computer-readable storage medium storing instructions to be implemented by a computing device having a processor (42), wherein the instructions, when executed by the processor, cause the computing device to at least:
obtain an image depicting the facial region and the other object or body part of the user (see [0019] – “For example, it may be desirable to obtain an image of a person's head including an iris, and to obtain a separate image of another body part such as a foot, using either the same imaging device or a different imaging device that is at a different elevation but at the same distance from the object (preferably the imaging devices have the same focal lengths)”);
measure a diameter (20) of an iris in the facial region depicted in the image (see Figure 4 and [0017] – “The initial image 25 contains an image of the iris 10, and the image (or an additional image) also contains an image of an object aside from the iris, for example someone's face or an inanimate object. According to a best mode embodiment for carrying out the invention, after the image or images are obtained, a size ratio is estimated between at least one dimension of the object and the iris, by analyzing the image or images. Then, the at least one dimension of the object is approximated based upon the size ratio and the invariant iris diameter of human beings. The size ratio is preferably determined using an algorithm (see FIG. 9) in a program which counts the number of pixels 100 (see FIG. 6) in the known diameter 20 of the iris 10 initial image 25”); and
measure a width of the other object or body part depicted in the image (see [0018] – “Referring to FIG. 6, it is easily seen, as discussed above, that the iris 10 has a constant diameter 20. Knowing this constant, as described above in detail, allows an initial image 25 (see FIG. 6) to be taken and processed, thus enabling a virtual "try-on" of eyeglasses 33 as shown in FIG. 5a, which may be displayed on a display screen as shown in FIG. 7 over the network as shown in FIG. 8. It is also apparent from FIGS. 5a and 6 that other measurements, aside from interocular distance 30, may be calculated using the present method, including mouth size 31, cheek bones 32a and 32b, eyebrows 33a and 33b, and eyelashes 34a and 34b”).
It is noted Fay et al. does not specifically teach prompting a user to place the user's hand and wrist next to a facial region of the user, wherein the image depicts the wrist of the user, or estimating an actual wrist width of the user's hand based on an actual iris diameter, the measured diameter of the iris in the facial region depicted in the image, and the measured width of the wrist of the hand depicted in the image. However, Aliverti et al. teaches prompting a user to place the user's hand and wrist next to a facial region of the user, wherein the image depicts the wrist of the user (see col. 11, lines 15-25 – “In general, any of the apparatuses and methods described herein may be configured to take images of the head, including the face and in some variations the side of the head, to determine a scaling factor, but the same video may also provide images of the body regions, generally the trunk and/or limbs, that are being fitted automatically as described herein. The subject's trunk may generally refer to the person's body apart from the limbs and head, and may specifically include the chest, shoulders, abdomen, back, waist, hips, crotch region, buttocks, etc. The limbs typically include the arms and legs”). Potter teaches measuring a width of the wrist of the hand depicted in the image (see Figures 3c-d and 4d-e and p. 4, lines 14-16 – “In one embodiment of the invention on-screen instructions show the user what they need to do, in order to obtain their hand measurements. Typically the device records hand length, hand width, and/or wrist diameters (i.e. wrist short-axis length and/or wrist long-axis length)”).
The combination of Fay et al., Aliverti et al., and Potter teaches estimating an actual wrist width of the user's hand based on an actual iris diameter (see Fay et al.: [0017] – “The initial image 25 contains an image of the iris 10, and the image (or an additional image) also contains an image of an object aside from the iris, for example someone's face or an inanimate object. According to a best mode embodiment for carrying out the invention, after the image or images are obtained, a size ratio is estimated between at least one dimension of the object and the iris, by analyzing the image or images. Then, the at least one dimension of the object is approximated based upon the size ratio and the invariant iris diameter of human beings. The size ratio is preferably determined using an algorithm (see FIG. 9) in a program which counts the number of pixels 100 (see FIG. 6) in the known diameter 20 of the iris 10 initial image 25”), the measured diameter of the iris in the facial region depicted in the image (see Fay et al.: [0017] – “The initial image 25 contains an image of the iris 10, and the image (or an additional image) also contains an image of an object aside from the iris, for example someone's face or an inanimate object. According to a best mode embodiment for carrying out the invention, after the image or images are obtained, a size ratio is estimated between at least one dimension of the object and the iris, by analyzing the image or images. Then, the at least one dimension of the object is approximated based upon the size ratio and the invariant iris diameter of human beings. The size ratio is preferably determined using an algorithm (see FIG. 9) in a program which counts the number of pixels 100 (see FIG. 6) in the known diameter 20 of the iris 10 initial image 25”), and the measured width of the wrist of the hand depicted in the image (see col. 5, line 63-col. 6, line 2 – “Providing an estimate of the subject's measurements appropriate for garment sizing may include providing measurements for one or more of: shoulder length, arm length, arm circumference, neck circumference, upper torso circumference, lower torso circumference, wrist circumference, waist circumference, hip circumference, inseam, and thigh measurement, calve measurement, etc.” and Potter: p. 4, lines 14-16 – “In one embodiment of the invention on-screen instructions show the user what they need to do, in order to obtain their hand measurements. Typically the device records hand length, hand width, and/or wrist diameters (i.e. wrist short-axis length and/or wrist long-axis length)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the non-transitory computer-readable storage medium of Fay et al. to include prompting a user to place the user's hand and wrist next to a facial region of the user, wherein the image depicts the wrist of the user, measuring a width of the wrist of the hand depicted in the image, and estimating an actual wrist width of the user's hand based on an actual iris diameter, the measured diameter of the iris in the facial region depicted in the image, and the measured width of the wrist of the hand depicted in the image, as disclosed in Aliverti et al. and Potter, so as to calculate precise body measurements in order to ensure best possible fit of apparel components such as shirts, gloves, etc. (see Aliverti et al.: col. 8, lines 26-32).
prompt a user to place the user's hand including a wrist next to a facial region of the user; obtain an image depicting the facial region and the wrist of the user; measure a diameter of an iris in the facial region depicted in the image; measure a width of the wrist of the hand depicted in the image; and estimate an actual wrist width of the user's hand based on an actual iris diameter, the measured diameter of the iris in the facial region depicted in the image and the measured width of the wrist of the hand depicted in the image.
Claim(s) 2, 10, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fay et al., Aliverti et al., and Potter, further in view of Johnson et al. (US Patent No. 10,002,377 B1).
Regarding claims 2, 10, and 15, Potter teaches estimating an actual wrist circumference of the user's hand based on the estimated actual wrist width of the user's hand (see p. 4, lines 23-33 – “In one embodiment the user's hand measurements (e.g. hand width, hand length, wrist short axis length and wrist long axis length) are used to calculate the users wrist circumference. Typically the user's wrist circumference takes the shape of an oval the following equation will be used to calculate the predicted circumference of the user's wrist (a= long axis length, b = short axis length l circumference of an oval)”. None of Fay et al., Aliverti et al., or Potter specifically teach performing virtual application of an accessory on the hand based on at least one of: the estimated actual wrist circumference and the estimated actual wrist width of the user's hand. However, Johnson et al. teaches performing virtual application of an accessory on the hand based on at least one of: the estimated actual wrist circumference and the estimated actual wrist width of the user's hand (see col. 14, line 49-col. 15, line 3 – “In embodiments, the infrared driven item recommendation system 608 may utilize image recognition techniques and the determined dimensions of the portion of the user 602 to generate one or more recommended items for order and delivery to the user. FIG. 6 includes a recommended item 610 (a watch) that will comfortably fit the user according to the determined dimensions of the portion of the user 602. The recommended item 610 may be presented to a user via a user interface 612 displayed via an application 614 configured to run on a user computing device (not pictured). The user interface may enable a user to order 616 the recommended item 610 and to adjust the determined dimensions 618 or size of the recommend item. As described above, the user interface 612 may be configured to present an augmented reality feature including a representation of the portion of the user 602 with a representation of the recommended item 610 overlaid to provide a visual of the item and the portion of the user to check the accuracy of the determined dimensions. The augmented reality presentation, in combination with the size adjustment tool 618 may allow the user to achieve finer granulation when determining a size or dimensions of an item before ordering the item”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method, system, and non-transitory computer-readable storage medium of Fay et al., Aliverti et al., and Potter to include performing virtual application of an accessory on the hand based on at least one of: the estimated actual wrist circumference and the estimated actual wrist width of the user's hand, as disclosed in Johnson et al., so as to provide a visual of the accessory on the user to check the accuracy of the determined dimensions and allow the user to achieve finer granulation when determining a size or dimensions of an item before ordering the item (see Johnson et al.: col. 14, line 61-col. 15, line 3).
Allowable Subject Matter
Claims 3-5, 11-13, and 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN B HENSON whose telephone number is (571)270-5340. The examiner can normally be reached M-F 7 AM ET - 5 PM ET.
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/DEVIN B HENSON/ Primary Examiner, Art Unit 3791
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