DETAILED ACTION
This Office Action is a first Office Action on the merits of the application. Claims 1 - 20 are presented for examination. Claims 1 - 20 are rejected.
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 .
Claim Objections
Claim 16 is objected to because of the following informalities: Claim 16 recites “CAD”, but it is recommended the claim provides the definition of CAD, in the form of “CAD (computer aided design)”. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: Claim 16 recites “DXF”, but it is recommended the claim provides the definition of DXF, in the form of “DXF (drawing exchange format)”. Appropriate correction is required.
Specification Objection
The abstract of the disclosure is objected to because “FIG 15” is recited after the Abstract, but figure numbers are not needed in the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 20 recites a computer program product comprising executable code executed by a computer processor. While the claim recites a computer processor for executing the executable code, based on the language of the claim, the claim is directed to executable code and the executable code is software per se and the claim is rejected under 35 U.S.C. 101.
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.
Claims 1, 2, 4 - 10, 12 - 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ngo Ngoc et al (U.S. PG Pub 2017/0105468 A1), hereinafter “Ngo Ngoc”, and further in view of Meng et al. (“Computer Aided Clothing Pattern Design with 3D Editing and Pattern Alteration”), hereinafter “Meng”.
As per claim 1, Ngo Ngoc discloses:
a computer-implemented method for fabricating user-generated 2D garment pieces of a garment, the method comprising, automatically in a computer system (Ngo Ngoc, par [0040] - [0041] discloses using a CAD system to perform a method for manufacturing a garment or upholstery using 2D patterns, with the CAD system typically performed on a computer included at least one type of processor.)
receiving garment data related to a predefined or default garment, the garment data comprising garment piece data related to a plurality of 2D garment pieces (Ngo Ngoc par [0055] - [0058] discloses importing 2D patterns associated with a garment or clothing, including details of the style as well as seamless edges.)
from which the predefined or default garment is assembled (Ngo, Ngoc, par [0060] discloses positioning the 2D patterns to assemble a garment.)
the plurality of 2D garment pieces comprising shape pieces, wherein the shape pieces are flat fabric pieces, together providing an overall shape of the garment when assembled (Ngo Ngoc, par [0060] discloses patterns on a display positioned to provide a garment when assembled, as shown in FIGS. 3A and 3B.)
virtually 3D assembling at least the shape pieces to form a 3D garment having a plurality of openings for accommodating body parts (Ngo Ngoc, par [0032] discloses the virtual garment or upholstery virtually assembled, with par [0060] adds the virtual garment assembled over the body of a 3D avatar, shown in FIG. 3A - F.)
visualizing the 3D garment on an avatar in a graphical user interface, the avatar comprising a plurality of body regions, the 3D garment at least partially covering at least a subset of the body regions of the avatar, wherein the body regions include at least a torso and one or more of arms and legs (Ngo Ngoc, par [0060] discloses a 3D avatar used to assemble the virtual garment, shown in FIGS. 3A - F, in which the avatar is shown wearing the fully formed garment.)
performing a garment adjustment process that allows a user to generate the user-generated 2D garment pieces based on the visualized 3D garment (Ngo Ngoc, par [0079] discloses the assembled patterns over the avatar to create garment, with errors found regarding the seams to be corrected by editing.)
generating fabrication instructions for fabricating the user-generated 2D garment pieces (Ngo Ngoc, par [0080] discloses physically manufacturing the garment from the previous set of 2D patterns used to produce the garment.)
Ngo Ngoc does not expressly disclose:
wherein the garment adjustment process comprises, in the graphical user interface:
providing 3D measurement tools to the user that allow obtaining dimensions of the 3D garment visualized on the avatar, wherein, in response to a user request at one of the 3D measurement tools, one or more of the dimensions of the garment are provided;
providing a plurality of 2D projection curves, each 2D projection curve being manipulatable by a user input;
receiving a user input at one of the 2D projection curves, the user input including a manipulation of the respective 2D projection curve;
adjusting, in response to the user input and according to the manipulation, a 2D shape of at least the corresponding shape piece;
visualizing, in real time, a manipulated 3D garment on the avatar, the shape pieces of the manipulated 3D garment having the adjusted 2D shapes; and
storing, in response to a user confirmation, the shape pieces of the manipulated 3D garment as the user-generated garment 2D garment pieces.
Meng however discloses:
wherein the garment adjustment process comprises, in the graphical user interface providing 3D measurement tools to the user that allow obtaining dimensions of the 3D garment visualized on the avatar, wherein, in response to a user request at one of the 3D measurement tools, one or more of the dimensions of the garment are provided (Meng, page 722, right col, ln 37 - 39 discloses an editing, Multiview tool provided for pattern editing and alteration, with page 729, right col, ln 26 - 30 discloses user tools for performing steps of 2D patterns, and page 727, left col, ln 16 - 18 and 27 - 30 adds clothing ty-on application regarding the garment, and the size of the garment defined and an update performed from 2D pattern to 3D garment.)
providing a plurality of 2D projection curves, each 2D projection curve being manipulatable by a user input (Meng, page 727, left col, ln27 - 30 discloses curvature properties regarding the shape of the garment, and page 727, right col, ln 55 - 58 through page 728, left col, ln 11 adds contact points regarding the size in terms of width and length, and transforming the boundary of the curves (boundary curves) from one state to another in terms of garment sizes.)
receiving a user input at one of the 2D projection curves, the user input including a manipulation of the respective 2D projection curve (Meng, page 729, right col, ln. 38 - 40 discloses a user maneuvering a portion of the pattern by dragging a feature point to a different position, with FIG. 13 c and e showing a change in the shape based on movement of the feature point.)
adjusting, in response to the user input and according to the manipulation, a 2D shape of at least the corresponding shape piece (Meng, page 729, right col, ln 10 - 14, 31 - 33 and 38 - 41 discloses real-time editing of pattern alterations in 2D and 3D for clothing, with 2D pattern alterations and users dragging features regarding the pattern.)
visualizing, in real time, a manipulated 3D garment on the avatar, the shape pieces of the manipulated 3D garment having the adjusted 2D shapes (Meng, page 729, left col, ln 18 - 21 discloses a movement of garment from a size to its original size based on its patterns, with a visual of the garment and avatar in FIG. 11, and page 729, right col, ln 10 - 14 adds real-time interaction regarding the try-on results in 2D and 3D for pattern alteration and clothing fit.)
storing, in response to a user confirmation, the shape pieces of the manipulated 3D garment as the user-generated garment 2D garment pieces (Meng, page 730, left col, ln 28 - 32 through right col, ln 1 - 10 discloses editing a 3D design form a garment, with pattern pieces and feature points included, and the feature points regarding the 2D patterns editing based on 3D-based editing, and page 731, left col, ln 9 - 13 adds the use of memory for performing steps of the invention in Meng.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
As per claim 20, Ngo Ngoc discloses:
computer program product comprising executable code, which executable code, when executed by a computer processor, causes the computer processor to implement a method of fabricating user-generated 2D garment pieces of a garment (Ngo Ngoc, par [0040] - [0041] discloses using a CAD system to perform a method for manufacturing a garment or upholstery using 2D patterns, with the CAD system typically performed on a computer included at least one type of processor.)
the method comprising receiving garment data related to a predefined or default garment, the garment data comprising garment piece data related to a plurality of 2D garment pieces (Ngo Ngoc par [0055] - [0058] discloses importing 2D patterns associated with a garment or clothing, including details of the style as well as seamless edges.)
from which the predefined or default garment is assembled (Ngo, Ngoc, par [0060] discloses positioning the 2D patterns to assemble a garment.)
the plurality of 2D garment pieces comprising shape pieces, wherein the shape pieces are flat fabric pieces, together providing an overall shape of the garment when assembled (Ngo Ngoc, par [0060] discloses patterns on a display positioned to provide a garment when assembled, as shown in FIGS. 3A and 3B.)
virtually 3D assembling at least the shape pieces to form a 3D garment having a plurality of openings for accommodating body parts (Ngo Ngoc, par [0032] discloses the virtual garment or upholstery virtually assembled, with par [0060] adds the virtual garment assembled over the body of a 3D avatar, shown in FIG. 3A - F.)
visualizing the 3D garment on an avatar in a graphical user interface, the avatar comprising a plurality of body regions, the 3D garment at least partially covering at least a subset of the body regions of the avatar, wherein the body regions include at least a torso and one or more of arms and legs (Ngo Ngoc, par [0060] discloses a 3D avatar used to assemble the virtual garment, shown in FIGS. 3A - F, in which the avatar is shown wearing the fully formed garment.)
performing a garment adjustment process that allows a user to generate the user-generated 2D garment pieces based on the visualized 3D garment (Ngo Ngoc, par [0079] discloses the assembled patterns over the avatar to create garment, with errors found regarding the seams to be corrected by editing.)
generating fabrication instructions for fabricating the user-generated 2D garment pieces (Ngo Ngoc, par [0080] discloses physically manufacturing the garment from the previous set of 2D patterns used to produce the garment.)
Ngo Ngoc does not expressly disclose:
wherein the garment adjustment process comprises, in the graphical user interface:
providing 3D measurement tools to the user that allow obtaining dimensions of the 3D garment visualized on the avatar, wherein, in response to a user request at one of the 3D measurement tools, one or more of the dimensions of the garment are provided;
providing a plurality of 2D projection curves, each 2D projection curve being manipulatable by a user input;
receiving a user input at one of the 2D projection curves, the user input including a manipulation of the respective 2D projection curve;
adjusting, in response to the user input and according to the manipulation, a 2D shape of at least the corresponding shape piece;
visualizing, in real time, a manipulated 3D garment on the avatar, the shape pieces of the manipulated 3D garment having the adjusted 2D shapes; and
storing, in response to a user confirmation, the shape pieces of the manipulated 3D garment as the user-generated garment 2D garment pieces.
Meng however discloses:
wherein the garment adjustment process comprises, in the graphical user interface providing 3D measurement tools to the user that allow obtaining dimensions of the 3D garment visualized on the avatar, wherein, in response to a user request at one of the 3D measurement tools, one or more of the dimensions of the garment are provided (Meng, page 722, right col, ln 37 - 39 discloses an editing, Multiview tool provided for pattern editing and alteration, with page 729, right col, ln 26 - 30 discloses user tools for performing steps of 2D patterns, and page 727, left col, ln 16 - 18 and 27 - 30 adds clothing ty-on application regarding the garment, and the size of the garment defined and an update performed from 2D pattern to 3D garment.)
providing a plurality of 2D projection curves, each 2D projection curve being manipulatable by a user input (Meng, page 727, left col, ln27 - 30 discloses curvature properties regarding the shape of the garment, and page 727, right col, ln 55 - 58 through page 728, left col, ln 11 adds contact points regarding the size in terms of width and length, and transforming the boundary of the curves (boundary curves) from one state to another in terms of garment sizes.)
receiving a user input at one of the 2D projection curves, the user input including a manipulation of the respective 2D projection curve (Meng, page 729, right col, ln. 38 - 40 discloses a user maneuvering a portion of the pattern by dragging a feature point to a different position, with FIG. 13 c and e showing a change in the shape based on movement of the feature point.)
adjusting, in response to the user input and according to the manipulation, a 2D shape of at least the corresponding shape piece (Meng, page 729, right col, ln 10 - 14, 31 - 33 and 38 - 41 discloses real-time editing of pattern alterations in 2D and 3D for clothing, with 2D pattern alterations and users dragging features regarding the pattern.)
visualizing, in real time, a manipulated 3D garment on the avatar, the shape pieces of the manipulated 3D garment having the adjusted 2D shapes (Meng, page 729, left col, ln 18 - 21 discloses a movement of garment from a size to its original size based on its patterns, with a visual of the garment and avatar in FIG. 11, and page 729, right col, ln 10 - 14 adds real-time interaction regarding the try-on results in 2D and 3D for pattern alteration and clothing fit.)
storing, in response to a user confirmation, the shape pieces of the manipulated 3D garment as the user-generated garment 2D garment pieces (Meng, page 730, left col, ln 28 - 32 through right col, ln 1 - 10 discloses editing a 3D design form a garment, with pattern pieces and feature points included, and the feature points regarding the 2D patterns editing based on 3D-based editing, and page 731, left col, ln 9 - 13 adds the use of memory for performing steps of the invention in Meng.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 2: The combination of Ngo Ngoc and Meng discloses claim 2: The method according to claim 1, wherein the garment comprises one or more finishes and the plurality of 2D garment pieces comprises finish pieces that are not shape pieces, the finish pieces comprising at least a subset of cuffs, plackets, flies, pockets, waistbands and collars (Ngo Ngoc, par [0063] - [0064] discloses styling elements regarding 2D patterns, including pleats, pockets, notches, as well as pockets identified.)
For claim 4: The combination of Ngo Ngoc and Meng discloses claim 4: The method according to claim 1, wherein the plurality of 2D projection curves relate at least to one of:
a width of the 3D garment or of one or more of the shape pieces; a circumference profile of the 3D garment or of one or more of the shape pieces; a length of the 3D garment or of one or more of the shape pieces; and a shape of at least a subset of the plurality of openings of the 3D garment (Meng, page 728, left col, ln 25 - 30 discloses adjustment to the length regarding a boundary curve associated with girth measurements of a feature curve regarding the garment and body model.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng, and the additional teaching of iteratively adjusting parameters regarding geometry reconstruction in garments, also found in Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 5: The combination of Ngo Ngoc and Meng discloses clam 5: The method according to claim 1, wherein the garment adjustment process is an iterative garment adjustment process (Meng, page 727, right col, ln 1 - 4 discloses iterative adjustments of parameters for moving mesh vertices in geometrical reconstruction regarding a garment.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng, and the additional teaching of iteratively adjusting parameters regarding geometry reconstruction in garments, also found in Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 6: The combination of Ngo Ngoc and Meng discloses claim 6: The method according to claim 5, wherein at least the steps of receiving the user input, adjusting the 2D shape and visualizing the manipulated 3D garment are performed iteratively until the user confirmation is received via the graphical user interface (Ngo Ngoc, par [0033] discloses user providing inputs regarding arranging 2D patterns and the 3D avatar, and par [0079] discloses an iterative editing step to correct errors identified regarding using seams and pattern assembly.)
For claim 7: The combination of Ngo Ngoc and Meng discloses claim 7: The method according to claim 1, wherein
the garment data comprises a garment type identifier identifying a garment type of the predefined or default garment, and virtually 3D assembling the shape pieces is based also on the garment type (Meng, page 731, left col, ln 1 - 4 discloses garment information on dxf files of production patterns, indicating the pattern pieces listed in Table 2, with the pattern information indicating a type of blouse and a different pattern information indicating a pair of trousers, with the FIG. 16 showing the patterns, and FIGS. 17 - 19 showing the three dimensional viewing of the assembled trousers and blouse.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng, and the additional teaching of a list of pattern and seam information and the resulting garments assembled in 3D, also found in Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 8: The combination of Ngo Ngoc and Meng discloses claim 8: The method according to claim 7, wherein the garment type defines:
areas of the human body the garment is intended to cover and a plurality of openings necessary to accommodate body parts; or relative positions of a set of shape pieces and a plurality of openings resulting from these relative positions, wherein the body parts include at least one of arms, legs and neck (Meng, page 731, left col, ln 2 - 4 discloses the list for pattern and seam information for a garment in Table 2 providing the total patterns and the indication of where the patterns are located relative to a virtual model, for example the standing collar blouse including pattern information for 2 sleeves, and the total number of back, front and side panels.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng, and the additional teaching of pattern information listed for providing the areas of coverage for the virtual model, also found in Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 9: The combination of Ngo Ngoc and Meng discloses claim 9: The method according to claim 7, wherein
a list comprising a plurality of garment type identifiers for a plurality of different garment types is provided to the user, and the garment type identifier is selected from the list by the user (Meng, page 731, left col, ln 1 - 6 discloses the list of seam and pattern information for garments in Table 2 provided in a dxf file for a system and pop-up result, and page 729 discloses FIG. 11 showing a pop-up results window for a user to view and manipulate options for the garment and virtual model.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng, and the additional teaching of the dxf file and list regarding pattern and seam information for garments, also found in Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 10: The combination of Ngo Ngoc and Meng discloses claim 10: The method according to claim 1, wherein
the garment is made from a flexible material, the visualized 3D garment being visualized as flexible, wherein the avatar defines a stable shape of the visualized 3D garment (Meng, page 726 discloses FIGS. 6 - 8, which shows 2D garment patterns, mapped onto the human model to form a complete garment.)
Ngo Ngoc provides a definition of pattern in par [0006] as “designating a piece of fabric, leather, or other flexible material suitable to be used to manufacture a garment”, to coincide with the garment in Meng made with flexible pattern.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng, and the additional teaching of a garment created from patterns mapped that are indicated as being flexible, also found in Meng in view of Ngo Ngoc. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 12: The combination of Ngo Ngoc and Meng discloses claim 12: The method according to claim 10, comprising, in response to a manipulation of the respective 2D projection curve,
visualizing the manipulation in real time as a manipulation of the flexible material (Meng, page 729, left col, ln 18 - 21 discloses a movement of garment from a size to its original size based on its patterns, with a visual of the garment and avatar in FIG. 11, and page 729, right col, ln 10 - 14 adds real-time interaction regarding the try-on results in 2D and 3D for pattern alteration and clothing fit, and page 730, left col, ln 13 -17 adds movement of a feature or boundary curve of the garment in 2D pattern alteration by a user performing a dragging feature using the style editing tool.)
Ngo Ngoc provides a definition of pattern in par [0006] as “designating a piece of fabric, leather, or other flexible material suitable to be used to manufacture a garment”, to coincide with the garment in Meng made with flexible pattern.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng, and the additional teaching of dragging the feature curve or boundary curve in a garment by a user, also found in Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 13: The combination of Ngo Ngoc and Meng discloses claim 13: The method according to claim 1, further comprising
assigning one or more garment features to each of the 2D shape pieces, the garment features comprising a least a fabric, wherein the assembled shape pieces are visualized on the avatar in the graphical user interface as the preliminary 3D garment having the assigned garment features (Ngo Ngoc, par [0079] - [0080] discloses providing seams on to assemble patterns on a garment draped on an avatar, and 2D patterns provided with seam definitions, used to determine how the patterns are cut into fabrics for manufacturing the garment.)
For claim 14: The combination of Ngo Ngoc and Meng discloses claim 14: The method according to claim 1, wherein
the fabrication instructions comprise cut boundaries of the user-generated 2D garment pieces (Meng, page 730, right col, ln 30 - 31 through page 731, left col, ln 1 - 4 discloses using CAD for the pants and top shown in FIG. 16, provide in DXF production patterns, with FIG. 16 showing the pattern pieces of pants and a top, showing two-dimensional garment pieces with boundaries for each piece.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng, and the additional teaching of pattern pieces with boundaries to create garments in a CAD system, also found in Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 15: The combination of Ngo Ngoc and Meng discloses claim 15: The method according to claim 1, wherein
at least one of the shape pieces is a sleeve piece relating to a sleeve of the garment (Meng, page 731, left col, ln 2 - 4 discloses the pattern pieces for the blouse and trousers indicated in the list of Table 2, with FIG. 16 showing the sleeve pattern and the sleeve as part of the garment on the virtual model in FIG. 17.)
and adjusting the 2D shape of the sleeve piece comprises changing a length of the sleeve and changing a circumference of an arm hole of the sleeve (Meng, page 730, left col, ln 13 - 15 discloses 3D pattern alterations and 3D style editing, including movement of a feature curve by a user to change the size of the garment, interpreted to change different parts of the garment shown in the patterns in FIG. 16, and page 730, left col, ln 1 - 3 discloses a pattern alteration for the armhole of a blouse, shown in FIG. 13 c and e having the armhole size adjusted to provide a smaller armhole FIG. 13d or a larger armhole FIG. 13f, interpreted as the circumference of the armholes changed.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng, and the additional teaching of 2D shapes of sleeves and change in size for the armhole interpreted as the circumference, also found in Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 16: The combination of Ngo Ngoc and Meng discloses claim 16: The method according to claim 1, wherein
receiving the garment data comprises loading a file into a memory of the computer system, wherein the file is loaded into the memory upon receiving a respective user input; and/or is one of a 2D CAD file and a DXF file (Meng, page 730, left col, ln 13 - 15 discloses users with tools for editing and developing garments, and page 730, right col, ln 30 - 31 through page 731, left col, ln 1 - 2 discloses a clothing CAD system for garments, and DXF files obtained by a system containing production patterns.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc with the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng, and the additional teaching of a CAD system and DXF file, also found in Meng. The motivation to do so would have been because Meng discloses the benefit of a clothing computer aided design solution for virtual try-on fitting evaluation and style editing, providing resulted patterns ready to use in everyday production, and satisfies the needs of the fashion industry for accurate fit evaluation and interactive style editing (Meng, page 732, left column, lines 1 - 3 and page 733, left col, ln 3 - 6).
For claim 17: The combination of Ngo Ngoc and Meng discloses claim 17: The method according to claim 1, wherein
generating the fabrication instructions for fabricating the 2D garment pieces comprises generating fabrication instructions for fabricating the user-generated garment (Ngo Ngoc, par [0041] - [0043] discloses the 2D patterns assembled to design the garment with defined seams and manufacturing the garment.)
For claim 19: The combination of Ngo Ngoc and Meng discloses claim 19: The method according to claim 1, wherein the fabrication instructions are human-readable instructions and the method further comprises:
providing the fabrication instructions to one or more garment producers (Ngo Ngoc, par [0080] discloses producing a set of 2D patterns with definitions for seams to cut and assemble the patterns, for physically manufacturing via sewing.)
fabricating, by the one or more garment producers, the user-generated 2D garment pieces based on the fabrication instructions (Ngo Ngoc, par [0080] discloses a physical manufacturing step including sewing the garment based on the 2D patterns and seam definitions.)
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ngo Ngoc et al (U.S. PG Pub 2017/0105468 A1), in view of Meng et al. (“Computer Aided Clothing Pattern Design with 3D Editing and Pattern Alteration”), and further in view of Lee (“Formation of the 3D Virtual Models for Clothing Fit Assessment Applied in Human Factors”), hereinafter “Lee”.
As per claim 3, the combination of Ngo Ngoc and Meng discloses the method of claim 1.
The combination of Ngo Ngoc and Meng does not expressly disclose:
wherein each body region defines a main axis, and the dimensions comprise, for each of the body regions, at least one width or circumference and at least one length, wherein:
the at least one width or circumference is perpendicular to the main axis of the respective body region, and the at least one length is parallel to the main axis of the respective body region.
Lee however discloses:
wherein each body region defines a main axis, and the dimensions comprise, for each of the body regions, at least one width or circumference and at least one length (Lee, page 321 FIG. 1 discloses a line directly through the model, interpreted as the axis, and page 321, lines 1 - 11 adds body dimensions for the model in FIG> 1 and in FIG. 2, including height, weight, hip, neck center trunk, arm length.)
wherein the at least one width or circumference is perpendicular to the main axis of the respective body region, and the at least one length is parallel to the main axis of the respective body region (Lee, page 321, FIG./ 1 discloses a virtual model with measurements in a GUI showing the length, width and height of the virtual model and a line directly through the model, interpreted as the axis.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc and the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng with the measurements of the computer models teaching of Kung. The motivation to do so would have been because Lee discloses the benefit of providing suggestions for effective ways of referencing human body dimensions for technical designers in developing prototype virtual models, with regards to virtual clothing fitting (Lee, page 320, lines 4 - 6 and 15 - 17).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ngo Ngoc et al (U.S. PG Pub 2017/0105468 A1), in view of Meng et al. (“Computer Aided Clothing Pattern Design with 3D Editing and Pattern Alteration”), and further in view of Liu et al. (“A Survey on CAD Methods in 3D Garment Design”), hereinafter “Liu”.
As per claim 11, the combination of Ngo Ngoc and Meng discloses the method of claim 10.
The combination of Ngo Ngoc and Meng does not expressly disclose:
wherein a size and/or shape of the avatar is automatically selected based on the garment data.
Liu however discloses:
wherein a size and/or shape of the avatar is automatically selected based on the garment data (Liu, page 589, left col, ln 8 - 15 discloses a transferring information regarding a garment fitting on a standard size human to fit on a different sized body, shown in FIG. 18 c1 - c3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc and the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng with the model and the garment previously sized for a different model teaching of Liu. The motivation to do so would have been because Liu discloses the benefit of using numerical integration and parallel computing techniques to provide fast and accurate garment simulation, as well as the use of CAD methods on modeling fine geometric details, adding realism to garment exhibition (Liu, page 591, right column, lines 3 - 8).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Ngo Ngoc et al (U.S. PG Pub 2017/0105468 A1), in view of Meng et al. (“Computer Aided Clothing Pattern Design with 3D Editing and Pattern Alteration”), and further in view of Brodsky et al. (U.S. PG Pub 2019/0272679 A1), hereinafter “Brodsky”.
As per claim 18, the combination of Ngo Ngoc and Meng discloses the method of claim 1.
The combination of Ngo Ngoc and Meng does not expressly disclose:
wherein the fabrication instructions are computer-readable instructions and the method further comprises providing the fabrication instructions to one or more garment fabrication machines; and
fabricating, by the one or more garment fabrication machines, the user- generated 2D garment pieces based on the fabrication instructions.
Brodsky however discloses:
wherein the fabrication instructions are computer-readable instructions and the method further comprises providing the fabrication instructions to one or more garment fabrication machines (Brodsky, par [0032] discloses a garment design with software and connection to a network to textile printing and cutting machines.)
fabricating, by the one or more garment fabrication machines, the user- generated 2D garment pieces based on the fabrication instructions (Brodsky, par [0033] discloses processing machines using computer implemented stems to create a final garment design product.)
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the creation of a garment using an avatar teaching of Ngo Ngoc and the avatar and garment with 2D patterns, with feature points and a boundary curve for adjustments with a try-on result shown in real-time teaching of Meng with the processing machine, textile printing and cutting machines for garment design teaching of Brodsky. The motivation to do so would have been because Brodsky discloses the benefit of providing personalization of design of products, individual bespoke fitting and final garment preview on a figure regardless of design complexity (Brodsky, par [0012]).
Conclusion
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/Cedric Johnson/ Primary Examiner, Art Unit 2186
June 27, 2026
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