DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-24 are presented for examination.
Claim Objections
Claim 1, line(s) 11 refer to the term “the selected garment base”, it would be better as “the selected jeans garment base” to avoid any possible antecedent issues.
Claims refer to the terms “the target pair of jeans” and “the target jeans”, it would be better to uniquify to avoid any possible antecedent issues.
Claims refer to the terms “the pattern” and “the finishing pattern”, it would be better to uniquify to avoid any possible antecedent issues.
Appropriate correction or clarification is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "the user" in line(s) 3. There is insufficient antecedent basis for this limitation in the claim. There is no "user" anteceding this limitation in the claim.
As to claim(s) 8, the same deficiency applies.
Claim 1 recites the limitation "the wear pattern " in line(s) 15. There is insufficient antecedent basis for this limitation in the claim. There are two different "a wear pattern" anteceding this limitation. The recitation of “the wear pattern” is unclear because it is uncertain which of the two was intended.
As to claim 2, the term "real time" in line 4 is a relative term, which renders the claim indefinite. The term "real time" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The subject matter description of “real time” in the specification amounts to repetitions of “real time”, i.e. no definition of “real time” is elaborated in the description.
As to claim(s) 4, 9, 10, 22, 23, the same deficiency applies.
As to claim 6, the limitation “The method of claim 1 wherein a method of manufacturing the target pair of jeans comprises” renders the claim indefinite, because it is unclear whether the claimed is directed to a method or a method of manufacturing.
Claim 7 recites the limitation "the garment" in line(s) 3. There is insufficient antecedent basis for this limitation in the claim. While there are two "a jeans garment" anteceding this limitation, there is no "garment" anteceding this limitation.
Claim 12 recites the limitation "the dyed cotton warp yarn" in line(s) 4-5. There is insufficient antecedent basis for this limitation in the claim. There is no "dyed cotton warp yarn" anteceding this limitation in the claim.
Claim 13, line 2 sets forth features that may or may not occur in the future. The term "can" indicates the lack of a positive recitation of the functionality that is recited for which a potential infringer would know with certainty whether or not he or she would be infringing the recited features. "Can" is merely a potential act that may or may not occur in the future. There is no positive recitation in claim that actually extends across portions of the garment template.
As to claim(s) 18, 24, the same deficiency applies.
Claim 14, line(s) 2 refer to the term “the fabric panels”, there is insufficient antecedent basis for this limitation in the claim. There are no "fabric panels" anteceding this limitation in the claim.
Dependent claims inherit the defect of the claim from which they depend.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
Examiner would like to point out that any reference to specific figures, columns and lines should not be considered limiting in any way, the entire reference is considered to provide disclosure relating to the claimed invention.
Claims 1-24 are rejected under 35 U.S.C. 103(a) as being unpatentable over Costin, (Costin hereinafter), U.S. Pre–Grant publication 20050131571, taken in view of Martin, (Martin hereinafter), U.S. Patent 6819972, and further in view of Benefiel, (Benefiel hereinafter), U.S. Patent 10051905. (See IDS dated 04/25/2023).
As to claim 1, Costin discloses a method comprising: providing a design tool that allows previewing on a computer screen (see "[0015]… Internet kiosk, allows the customer to design unique denim apparel with custom graphics and text scribed on the denim. [0016]… the apparel is customized on a remote terminal… The remote terminal includes the capability of commanding any of a plurality of predefined patterns, fonts, logos or other graphic indicia from a library. The user can upload any graphic indicia that is not in the library. Each of the patterns can be inscribed on the apparel in any location on the apparel, or over the entire surface of the apparel. The preferred system operates according to a menu of options. Each option can include a graphic that indicates the look of the option to be selected") of a jeans garment customized by the user with a finishing pattern created using a laser input file by a laser (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer")… and the design tool comprises providing an option for the user to select a jeans garment base and upon the user’s selection (see "[0030] The customer first selects the clothing type of denim product to customize from the menu shown in FIG. 2, from the menu allowing jeans, shorts, shirts, jackets"), showing a first garment preview image on the computer screen comprising a jeans base image for the selected garment base (see "[0033] Receiving computer 120 now has enough information to begin to echo back a picture of the apparel"), providing an option for the user to select a wear pattern (see "[0039] Wallpapers allow the user to select different kinds of design to cover the entirety of the denim, e.g. simulated sandblast, or other custom designs for new designs on denim… [0042] The graphic images in FIGS. 6A and 6B can also include images of different wearing looks… This can include custom work looks on the garment, including stonewash, acid wash, herring bone worn or the like"), wherein a wear pattern is associated with a laser input file to be used by a laser to produce that wear pattern onto a jeans garment (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer"), after the wear pattern is selected, showing a second garment preview image on the computer screen comprising the selected wear pattern in combination with the jeans base image, wherein the second garment preview image replaces the first garment preview image (see "[0034] FIG. 5 allows the user to selection of the area to apply the desired graphic. The user can actually choose where on the front or back of the denim jean he or she would like the graphic to be scribed… This causes the receiving computer to display a default-sized graphics box to receive the graphic being displayed. That box can be sized by the user at the remote terminal, e.g., by dragging corners of the box to enlarge or contract it"; "[0043] FIG. 7… where the selected graphic is shown simulated on the jeans. The user can also modify the graphic and its location by… dragging the edge of the image to enlarge or contract the image").
Costin does not disclose, but Martin discloses wherein a preview image generated by the design tool is… of the jeans garment after a postlaser wash, simulated to have a photorealistic appearance when worn by a person (see "postlaser wash" as "after the processing by the laser and washing of the garment" and "simulated to have a photorealistic appearance when worn by a person" as "changes are displayed in color" or "shadowed… shown… in FIG. 12", "The power profiles represent different laser intensities (EDPUT levels) and thus different degrees of wear. For example, the lighter outer sections such as 310 and 305 may be associated with a lower power duty cycle level. This creates a more lightly worn look. The darker sections of the pattern, such as the section 325, may be associated with higher power duty cycles and represent a more heavier worn look. 325 might represent the part of the pattern that is drawn at the knee section. Different shades of gray (following washing of the garment) are shown in the areas between the two extremes. These areas represent colors of the pattern section that is between indigo blue and total white after the processing by the laser and washing of the garment. Each of these changes are displayed in color. The values can be saved in either grayscale or in full color and are stored as part of the pattern file" in col. 10, lines 5-19; "FIG. 12 shows a composite file including a plurality of the effects shown… An additional effect, in which the whiskers are shadowed, is shown as 1202 in FIG. 12" in col. 12, lines 40-43; "allows the operator to paint the desired shape or geometry of the pattern desired to be lazed on the denim to obtain the worn look on the computer screen. In addition, the designer specifies the degree of feathering or EDPUT or power or duty cycle profile. Again, this specification can simply be a percent of the maximum EDPUT, power or duty cycle" in col. 9, lines 19-26).
About Examiner's interpretation of "simulated to have a photorealistic appearance when worn by a person", Examiner notes that the Specification reads (underline emphasis added):
'[137]… preview image 1711 will be a photorealistic image in color. The preview image may be displayed in using a 8-bit or greater color depth, 16-bit or greater color depth, 24-bit or greater color depth, or 32-bit or greater color depth. This is in contrast to a computer screen at operator’s console of a laser finishing machine, which typically only shows black and white images…
[212]… a three-dimensional photorealistic visualization garment with a selected finishing pattern). The garment will appear as though it is worn by a person, with simulated wrinkling or simulated shadowing, or both. The appearance of a worn garment is in contrast to a flat garment, such as when a garment is lying on a table or shelf (which is generally a two-dimensional image)'
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to use Martin with Costin, because Martin points out that 'the effective applied energy of the laser, e.g, the energy density per unit time ("EDPUT") of the laser, is changed while the laser is scribing a line across the material ("on the fly")' (see col. 3, lines 47-50), and as a result, Martin reports that "another way to change the EDPUT is to make multiple passes or laser scans on different segments of the pattern. Those sections which have multiple passes will have higher effective EDPUTs if all other laser operating parameters are held constant. This system is used to attempt to mimic naturally-occurring processes. Worn looks that are obtained from a conventional laser scribing process may look overly uniform in some circumstances. This may be referred to as a contrived or pasted look. The goal, however, is to produce as natural a look as possible… continuously and discontinuously changing the EDPUT level within any laser scan line can even further improve the effect. By so doing, this system alters the amount of change or abrasion to the textile material, as the laser scribes individual lines on the textile material. This invention provides complete control of the degree of feathering. The degree of feathering can be continuously controlled then by changing the EDPUT levels anywhere in the pattern. Control of feathering in this way can achieve a worn looks that appears authentic" (see col. 5, lines 9-32).
Costin and Martin do not disclose, but Benefiel discloses a three-dimensional preview image… is rotatable in three dimensions to be viewed from an angle selected by the user (see “Layers can be rotated and cropped using a software tool to help isolate certain parts of a design (where it is desirable to use a multiple passes for laser burning). For example, in FIGS. 19-20, only a portion (e.g., left half) of a pair of jeans is shown in images 1906 and 2029. The laser will burn these portions. The images for the layers could be an entire front side of the jeans, back side of the jeans, or different portions of the jeans. The image will reflect the portions of the garment that the user wants to burn using this technique” in col. 20, lines 7-16; “FIGS. 19-20 shows a laser values file (e.g., laser values 1866) that has been divided into two layers… A software tool can convert an image into the desired number of layers (e.g., 2, 3, 4, 5, or more) with specific intensities on each layer” in col. 19, lines1-18).
Costin, Martin, and Benefiel are analogous art because they are related to apparel finishing.
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to use Benefiel with Costin and Martin, because Benefiel points out that "[w]ith laser finishing, a finish can be applied (e.g., printed or burned via the laser) onto apparel (e.g., jeans and denim garments) that will appear similar to or indistinguishable from a finish obtained using traditional processing techniques (e.g., dry abrasion, wet processing, and oxidation)…", and as a result, Benefiel reports that "… [l]aser finishing of apparel is less costly and is faster than traditional finishing techniques and also has reduced environmental impact (e.g., eliminating the use of harsh chemical agents and reducing waste)" (see col. 7, lines 17-25).
As to claim 2, Costin discloses in the second garment preview image, allowing the user to select the wear pattern and modify a sizing of the wear pattern relative to the jeans base image, wherein as the user makes changes, the modified sizing of the wear pattern is displayed to the user in real time (see "[0043] FIG. 7… where the selected graphic is shown simulated on the jeans. The user can also modify the graphic and its location by… dragging the edge of the image to enlarge or contract the image"), and showing a third garment preview image on the computer screen comprising the jeans base image and selected wear pattern with modified sizing (see "[0050] Different selections can be made from the different screens to obtain different results and displays on the remote computer").
As to claim 3, Costin discloses providing a target pair of jeans corresponding to the jeans garment base selected by the user; and sending a laser input file associated with the third garment preview image comprising the selected wear pattern with modified sizing to a laser that will create a finishing pattern on an outer surface of the target jeans (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer").
As to claim 4, Costin discloses in the second garment preview image, allowing the user to select the wear pattern and modify a position of the wear pattern relative to the jeans base image, wherein as the user makes changes, the modified positioning of the wear pattern is displayed to the user in real time (see "[0034] FIG. 5 allows the user to selection of the area to apply the desired graphic. The user can actually choose where on the front or back of the denim jean he or she would like the graphic to be scribed… This causes the receiving computer to display a default-sized graphics box to receive the graphic being displayed. That box can be sized by the user at the remote terminal, e.g., by dragging corners of the box to enlarge or contract it"), and showing a third garment preview image on the computer screen comprising the jeans base image and selected wear pattern with modified positioning (see "[0050] Different selections can be made from the different screens to obtain different results and displays on the remote computer").
As to claim 5, Costin discloses providing a target pair of jeans corresponding to the jeans garment base selected by the user; and sending a laser input file associated with the third garment preview image comprising the selected wear pattern with modified positioning to a laser that will create a finishing pattern on an outer surface of the target jeans (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer").
As to claim 6, while Costin discloses wherein a method of manufacturing the target pair of jeans (see "[0056]… regional or a central distribution center to be equipped with the laser scribing technology. Orders from the Web Kiosk are electronically transmitted to one of these distribution centers, which inventory the company=s denim products. The distribution center selects the proper jeans, and runs them through the custom process to form a customized pair of jeans exactly to the user=s specifications. These are then sent from the Web Kiosk and the central processing center ships the finished pair to the customer")… Benefiel discloses assembling the target jeans from fabric panels of a woven first material comprising a warp comprising indigo ring-dyed cotton yarn, wherein the fabric panels are sewn together using thread (see "assembled garment can include fabric panels that have been sewn together using thread to form pants legs, a crotch region for the pants, and pocket openings for the pants… The fabric material can use a warp yarn having indigo ring-dyed cotton yarn and undyed weft yarn" in col. 25, lines 56-62).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to use Benefiel with Costin and Martin, (see supra).
As to claim 7, Costin discloses wherein based on the laser input file, the laser removes selected amounts of material from the surface of a material of the target jeans at different pixel locations of the garment (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer").
Martin discloses for lighter pixel locations of the finishing pattern, a greater amount of the indigo ring-dyed cotton warp yarn is removed , while for darker pixel locations of the finishing pattern , a lesser amount of the indigo ring-dyed cotton warp yarn is removed (see "using a laser to scribe lines on a garment, where the energy density per unit time of the laser causes the garment to change color to varying degrees from indigo blue or black to white or grey" in col. 3, lines 1-4).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to use Martin with Costin, (see supra).
As to claim 8, Costin discloses a method comprising: providing a design tool that allows previewing on a computer screen (see "[0015]… Internet kiosk, allows the customer to design unique denim apparel with custom graphics and text scribed on the denim. [0016]… the apparel is customized on a remote terminal… The remote terminal includes the capability of commanding any of a plurality of predefined patterns, fonts, logos or other graphic indicia from a library. The user can upload any graphic indicia that is not in the library. Each of the patterns can be inscribed on the apparel in any location on the apparel, or over the entire surface of the apparel. The preferred system operates according to a menu of options. Each option can include a graphic that indicates the look of the option to be selected") of a garment customized by the user with a finishing pattern created using a laser input file by a laser (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer")… the design tool comprises providing an option for the user to select a garment base and upon the user’s selection (see "[0030] The customer first selects the clothing type of denim product to customize from the menu shown in FIG. 2, from the menu allowing jeans, shorts, shirts, jackets"), showing a first garment preview image on the computer screen comprising a base image for the selected garment base (see "[0033] Receiving computer 120 now has enough information to begin to echo back a picture of the apparel"), providing an option for the user to select a finishing pattern (see "[0032]… user selects… finish. The finish can be stonewash, dark, antique or an overdyed color selected from a pull-down menu"), wherein the finishing pattern is associated with a laser input file (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer"), and after the finishing pattern is selected, showing a second garment preview image on the computer screen comprising the selected finishing pattern in combination with the base image, wherein the second garment preview image replaces the first garment preview image (see "[0034] FIG. 5 allows the user to selection of the area to apply the desired graphic. The user can actually choose where on the front or back of the denim jean he or she would like the graphic to be scribed… This causes the receiving computer to display a default-sized graphics box to receive the graphic being displayed. That box can be sized by the user at the remote terminal, e.g., by dragging corners of the box to enlarge or contract it"; "[0043] FIG. 7… where the selected graphic is shown simulated on the jeans. The user can also modify the graphic and its location by… dragging the edge of the image to enlarge or contract the image").
Costin does not disclose, but Martin discloses wherein a preview image generated by the design tool is a photorealistic… preview image of the garment after a postlaser wash (see "postlaser wash" as "after the processing by the laser and washing of the garment" and "photorealistic" as "changes are displayed in color" or "shadowed… shown… in FIG. 12", "The power profiles represent different laser intensities (EDPUT levels) and thus different degrees of wear. For example, the lighter outer sections such as 310 and 305 may be associated with a lower power duty cycle level. This creates a more lightly worn look. The darker sections of the pattern, such as the section 325, may be associated with higher power duty cycles and represent a more heavier worn look. 325 might represent the part of the pattern that is drawn at the knee section. Different shades of gray (following washing of the garment) are shown in the areas between the two extremes. These areas represent colors of the pattern section that is between indigo blue and total white after the processing by the laser and washing of the garment. Each of these changes are displayed in color. The values can be saved in either grayscale or in full color and are stored as part of the pattern file" in col. 10, lines 5-19; "FIG. 12 shows a composite file including a plurality of the effects shown… An additional effect, in which the whiskers are shadowed, is shown as 1202 in FIG. 12" in col. 12, lines 40-43; "allows the operator to paint the desired shape or geometry of the pattern desired to be lazed on the denim to obtain the worn look on the computer screen. In addition, the designer specifies the degree of feathering or EDPUT or power or duty cycle profile. Again, this specification can simply be a percent of the maximum EDPUT, power or duty cycle" in col. 9, lines 19-26 – see supra).
Costin and Martin do not disclose, but Benefiel discloses three-dimensional… and is rotatable in three dimensions to be viewed from an angle selected by the user (see “Layers can be rotated and cropped using a software tool to help isolate certain parts of a design (where it is desirable to use a multiple passes for laser burning). For example, in FIGS. 19-20, only a portion (e.g., left half) of a pair of jeans is shown in images 1906 and 2029. The laser will burn these portions. The images for the layers could be an entire front side of the jeans, back side of the jeans, or different portions of the jeans. The image will reflect the portions of the garment that the user wants to burn using this technique” in col. 20, lines 7-16; “FIGS. 19-20 shows a laser values file (e.g., laser values 1866) that has been divided into two layers… A software tool can convert an image into the desired number of layers (e.g., 2, 3, 4, 5, or more) with specific intensities on each layer” in col. 19, lines1-18).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to use Benefiel with Costin and Martin, (see supra).
As to claim 9, Costin discloses via the second garment preview image, allowing the user to select the pattern and alter a sizing of the pattern relative to the base image, wherein as the user makes changes, the altered sizing of the pattern is displayed to the user in real time (see "[0043] FIG. 7… where the selected graphic is shown simulated on the jeans. The user can also modify the graphic and its location by… dragging the edge of the image to enlarge or contract the image"), showing a third garment preview image on the computer screen comprising the base image and selected pattern with altered sizing (see "[0050] Different selections can be made from the different screens to obtain different results and displays on the remote computer").
As to claim 10, Costin discloses via the second garment preview image, allowing the user to select the pattern and alter a position of the pattern relative to the base image (see "[0034] FIG. 5 allows the user to selection of the area to apply the desired graphic. The user can actually choose where on the front or back of the denim jean he or she would like the graphic to be scribed"), wherein as the user makes changes, the altered positioning of the pattern is displayed to the user in real time (see "[0034] FIG. 5 allows the user to selection of the area to apply the desired graphic. The user can actually choose where on the front or back of the denim jean he or she would like the graphic to be scribed… This causes the receiving computer to display a default-sized graphics box to receive the graphic being displayed. That box can be sized by the user at the remote terminal, e.g., by dragging corners of the box to enlarge or contract it"), and showing a third garment preview image on the computer screen comprising the base image and selected pattern with altered positioning (see "[0050] Different selections can be made from the different screens to obtain different results and displays on the remote computer").
As to claim 11, Costin discloses based on the second garment preview image comprising the selected pattern, causing a laser to create a finishing pattern on an outer surface of a garment template that is represented in the second garment preview image (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer").
As to claim 12, Costin discloses wherein based on the laser input file associated with the pattern used in the second garment preview image, the laser removes selected amounts of material from the surface of the garment template at different pixel locations (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer").
Martin discloses for lighter pixel locations of the finishing pattern, a greater amount of the dyed cotton warp yarn is removed, while for darker pixel locations of the finishing pattern, a lesser amount of the dyed cotton warp yarn is removed (see "using a laser to scribe lines on a garment, where the energy density per unit time of the laser causes the garment to change color to varying degrees from indigo blue or black to white or grey" in col. 3, lines 1-4).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to use Martin with Costin, (see supra).
As to claim 13, Costin discloses wherein a finishing pattern based on the second garment preview image can extend across portions of the garment template where two or more fabric panels are joined together by thread by exposing these portions to the laser (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer").
As to claim 14, Benefiel discloses wherein for portions of the garment template exposed to the laser where the fabric panels are joined, the fabric panels are joined together using a thread comprising cotton (see "For the portions of the jeans exposed to the laser where the fabric panels are joined, the fabric panels are joined together using a thread having cotton" in col. 26, lines 33-35; "pattern pieces are assembled together 121 into the garment, typically by sewing using thread (e.g., polyester or cotton thread)" in col. 4, lines 53-55).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to use Benefiel with Costin and Martin, (see supra).
As to claim 15, Costin discloses wherein when causing the laser to create a finishing pattern (see "[0049] The order is then sent to a central location for processing. Preferably the garment is formed by laser-etching the desired designs in the garment… a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer"), different laser levels are obtained by varying an output of the laser beam by altering a characteristic of the laser (see "using a laser beam according to said information" in page 4, 1st paragraph)
Martin discloses comprising at least one of a frequency, period, pulse width, (see "the rate of turning on and off must be fast relative to the movement of the laser. This technique changes the duty cycle of the output of the laser 205, effectively controlling the laser to deliver a different average power level. In any short time, i.e. in the amount of time it takes the laser to traverse a distance equal to one or two times the width of the laser beam, the duty cycle may be adjusted multiple times" in col. 4, lines 39-46).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to use Martin with Costin, (see supra).
As to claim 16, Costin discloses wherein the garment comprises at least one of a denim garment, pair of pants, pair of jeans, or a pair of denim jeans (see "[0030] The customer first selects the clothing type of denim product to customize from the menu shown in FIG. 2, from the menu allowing jeans, shorts, shirts, jackets").
As to claim 17, Martin discloses wherein the garment template is made of at least one of a twill material or a cotton twill material (see 'another worn look is referred to as "frayed", where the degree of wear is so severe that the individual threads of the cotton fiber are exposed. Such a pattern section may even have holes in the denim fabric' in col. 1, lines 27-30 – well known in the art. Jeans are primarily crafted from denim, which is cotton twill fabric or material).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to use Martin with Costin, (see supra).
As to claim 18, Costin discloses wherein the user can alter the sizing of the finishing pattern relative to the base image by way of an operation comprising at least one of (see "[0043] FIG. 7… where the selected graphic is shown simulated on the jeans. The user can also modify the graphic and its location by… dragging the edge of the image to enlarge or contract the image").
As to claim 19, Benefiel discloses wherein the finishing pattern comprises an inverse image of a laser input file (see "The laser input file can be a reverse image" in col. 25, line 55). Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to use Benefiel with Costin and Martin, (see supra).
As to claim 20, Costin discloses providing an option for the user to select a tint (see "[0032]… user selects… finish. The finish can be… an overdyed color selected from a pull-down menu"); and after the tint is selected, showing a third garment preview image on the computer screen comprising the tint in combination with the base image and selected finishing pattern (see "[0050] Different selections can be made from the different screens to obtain different results and displays on the remote computer").
As to claim 21, Costin discloses providing an option for the user to select a damage; and after the damage is selected (see "[0011]… a laser can be used to change the look of a garment to be processed, by intentionally damaging a surface of the material in a way that changes the look of the surface of the material. The portions of the material that are changed in this way define a pattern on the material… [0039] Wallpapers allow the user to select different kinds of design to cover the entirety of the denim, e.g. simulated sandblast, or other custom designs for new designs on denim… [0042] The graphic images in FIGS. 6A and 6B can also include images of different wearing looks… This can include custom work looks on the garment, including stonewash, acid wash, herring bone worn or the like"), showing a third garment preview image on the computer screen comprising the damage in combination with the base image and selected finishing pattern (see "[0050] Different selections can be made from the different screens to obtain different results and displays on the remote computer").
As to claim 22, Costin discloses in the third garment preview image, allowing the user to select the damage and alter a sizing of the damage relative to the base image and selected pattern, wherein as the user makes changes (see "[0043] FIG. 7… where the selected graphic is shown simulated on the jeans. The user can also modify the graphic and its location by… dragging the edge of the image to enlarge or contract the image"), the altered sizing of the damage is displayed to the user in real time; showing a fourth garment preview image on the computer screen comprising the base image, selected finishing pattern, and the damage with altered sizing (see "[0050] Different selections can be made from the different screens to obtain different results and displays on the remote computer").
As to claim 23, Costin discloses in the third garment preview image, allowing the user to select the damage and alter a position of the damage relative to the base image and selected finishing pattern, wherein as the user makes changes, the altered positioning of the damage is displayed to the user in real time (see "[0034] FIG. 5 allows the user to selection of the area to apply the desired graphic. The user can actually choose where on the front or back of the denim jean he or she would like the graphic to be scribed… This causes the receiving computer to display a default-sized graphics box to receive the graphic being displayed. That box can be sized by the user at the remote terminal, e.g., by dragging corners of the box to enlarge or contract it"); and showing a fourth garment preview image on the computer screen comprising the base image, selected finishing pattern, and the damage with altered positioning (see "[0050] Different selections can be made from the different screens to obtain different results and displays on the remote computer").
As to claim 24, Costin discloses wherein the user can alter the sizing of the damage relative to the base image and selected finishing pattern by way of an operation comprising at least one of (see "[0043] FIG. 7… where the selected graphic is shown simulated on the jeans. The user can also modify the graphic and its location by… dragging the edge of the image to enlarge or contract the image").
Conclusion
Examiner would like to point out that any reference to specific figures, columns and lines should not be considered limiting in any way, the entire reference is considered to provide disclosure relating to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN CARLOS OCHOA whose telephone number is (571)272-2625. The examiner can normally be reached Mondays, Tuesdays, Thursdays, and Fridays 9:30AM - 8:00 PM.
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/JUAN C OCHOA/Primary Examiner, Art Unit 2186
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