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 .
Applicant’s preliminary amendments filed on 10/23/2023 are acknowledged.
Claims 1-23 are pending for examination.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by O'Neill (USPN 8,279,544). In regard to claim 10, O'Neill discloses an imaging module (Figs. 1-25 and associated descriptions), comprising: a housing configured to fit over a smartphone (the housings for fitting on a smartphone, Figs. 1-3, 6A-6B, and 10-19 and associated descriptions; iPhone, Col 5 line 54 – Col 6 line 8); and a conical extension (conical extension portions, Figs. 1A-1I and 7A-11F and associated descriptions), having, at a rear end of the conical extension, a rear opening, which is configured to be held by the housing in alignment with a camera module of the smartphone, and having, at a front end of the conical extension, opposite the rear end, a front opening, which is larger than the rear opening (the front opening(s) is larger than the rear opening(s) which is held by the housing in alignment with a camera module of the smartphone, Figs. 1A-1I, 2A-3B, 7A-11F, and 13-15 and associated descriptions).
In regard to claim 11, O'Neill discloses a transparent window covering the front opening of the conical extension (elements 128/402/404, Figs. 1A-1I, 2A-3B, and 7A-11F and associated descriptions).
In regard to claim 12, O'Neill discloses the window is oriented at an angle that is not parallel to a plane of the rear opening of the conical extension (Figs. 11A-11C and associated descriptions; it is noted that the rear opening of the conical extension can define multiple planes).
In regard to claim 13, O'Neill discloses a locking connection, which attaches the conical extension to the housing (elements 910/1208/1216, Figs. 19A-19C and 24-25 and associated descriptions; threads or other structure generally for holding the lens, Col 13 lines 64 – Col 14 line 14).
In regard to claim 14, O'Neill discloses the conical extension is permanently fixed to the housing (claim 18).
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.
Claims 1-3, 5-9, 16-19, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Iglesias Rosado (WO 2018/224715 – applicant cited) in view of O'Neill (see above). In regard to claim 1, Iglesias Rosado discloses measurement apparatus (Figs. 1-2; garment and a device, Abstract) comprising: a garment comprising an elastic fabric having a predefined pattern extending across a surface thereof and configured to be worn over a part of a body of a subject, such that the elastic fabric stretches across the part of the body (predefined patterns of the shirt, Figs. 1-2; pages 1-3; a translation is provided: “…hereinafter referred to as a garment, preferably multi-size or self-adjusting fabric to the wearer's body, which comprises at least one means, consisting of a strip or elastic strip, belt, belt or any other type of medium that can be adjusted to the corresponding part of the body of the user, to measure it, hereinafter referred to as means to size, being that the adjustment varies one or more of its characteristics, such as its dimensions or its configuration or position and, where appropriate, the parts of it that determine its performance, such as its graphic or physical elements, its position or other variable characteristics, linked to the behavior of the means to dimension, hereinafter referred to as factorial elements; being able a means to size understand: graphical or physical factorial elements that are separated from each other by adapting the means to size to the user's body, generating patterns each of which is associated with the dimensions that, when the pattern is given, the user's body part is close-fitting by the means to size; a graphic or physical factorial element, integral to an elastic surface of the garment, that when the garment does not have it on, no one coincides with an integral mark of a non-elastic surface of the garment, and that by adapting the elastic surface to the body of the garment. a user separates from said mark and coincides with one of several legends that indicate the dimensions that, at that moment, the part of the user's body that is fitted by the means for dimensioning; a buckle-type factorial element pierced by a non-elastic metric tape which, on adapting the means to size the user's body, shows inside the buckle the dimensions that, at that moment, the user's body part has the measuring tape of the medium for sizing; a factorial element type moving part, to which a sensor or distance transducer is linked, and that moves away from it when adapting the means to size the body of the user, being that the sensor or distance transducer measures the distance at which the moving part is located and according to the distance it provides an electrical signal or another, determining the dimensions that, at that moment, the part of the user's body has to be fitted by the means for dimensioning. Garments can have markers that, like the means to size and their factorial elements, can be of a graphic or physical type and are distinguished from each other according to their situation in the garment or its state -configuration, color, dimensions or other-. These components and the data they provide: are recordable by computers, smartphones, tablets or special glasses, hereinafter referred to as devices, provided with a camera and, at least, a screen, a projector or a data network connection; and they are recognizable by a computer application. A marker can be of type: identifier marker, QR code or other-, with information about the user, or about the garment, such as, the type of garment, its dimensions before the user puts it on, its size range, or if it is in its frontal, dorsal or left or right side, reference marker, with at least one non-variable parameter, such as its dimensions, for example a square of 1 x 1 cm that, by comparison, allows to conclude the variation of other components and certain dimensions of the user, such as its height or span, volumetric marker, preferably a vertical straight line, whose configuration varies as the garment adapts to the user's body, allowing to record the configuration and volume of the part of the body that it covers, as well as generating a mesh that is digitally applicable to the corresponding areas of the images compatible with the user…”) and a mobile electronic device having a camera module (camera/ smartphone, see the translation above) and a camera module captures through the front opening images that are indicative of local deformations of the pattern of the fabric (page 6, a translation is provided: “a plurality of volumetric markers (8) which, as can be seen in figure 1, are vertical straight lines which, as seen in figure 2, are deformed when the garment is adapted to the user's body, the computer application being after recognizing them generates a mesh applicable to the corresponding areas of the images compatible with the user so that, by means of augmented reality, they can be inserted on the chroma-colored surface of the user's body image, adapting them to the user's morphology”.)
Iglesias Rosado does not specifically disclose an imaging module, comprising: a fastener configured for attachment to a mobile electronic device having a camera module; and a conical extension having a rear opening, which is configured to be held by the fastener in alignment with the camera module, and a front opening, which is larger than the rear opening and is configured to contact and traverse across the fabric, whereby the camera module captures through the front opening images.
O'Neill discloses an imaging module (Figs. 1-25 and associated descriptions), comprising: fastener configured for attachment to a mobile electronic device having a camera module (the housings for fitting on a smartphone, Figs. 1-3, 6A-6B, and 10-19 and associated descriptions; iPhone, Col 5 line 54 – Col 6 line 8); and a conical extension (conical extension portions, Figs. 1A-1I and 7A-11F and associated descriptions), having a rear opening, which is configured to be held by the fastener in alignment with a camera module, and a front opening, which is larger than the rear opening, whereby the camera module captures through the front opening images (the front opening(s) is larger than the rear opening(s), Figs. 1A-1I, 2A-3B, 7A-11F, and 13-15 and associated descriptions).
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 apparatus (Iglesias Rosado) to incorporate the imaging module and associated elements/ functions/ configurations as taught by O'Neill and captures images of the patterns when contact and traverse across the fabric, since both devices using a camera and smartphone and one of ordinary skill in the art would have recognized that the lens as taught by O'Neill can be utilized to magnification (see at least Fig. 25 and Col 15 line 53 – Col 16 line 8 of O'Neill) and magnified images obtained when the lens in contact of the fabric provide more details of the patterns related to the deformation. The rationale would have been to obtain more detail information of the deformation.
In regard to claim 2, Iglesias Rosado as modified by O'Neill discloses a processor (computer/ smartphone, see the translations in claim 1 above), which is configured to process the images captured by the camera module at multiple locations on the surface of the fabric so as measure a local deformation of the pattern at the multiple locations due to stretching of the fabric, and to compute a dimension of the part of the body responsively to the measured deformation (pages 4-5 of Iglesias Rosado; a translation is provided: “Certain means to dimension, factor elements, markers and extra components, are associated with their transformation patterns that, being part of the computer application, include the data derived from their actions and their possible states, such as their colors, dimensions, configurations or others. both the default states, before the garment is worn, and its possible state variations when, when the garment is worn by the user, they adapt to the corresponding parts of the user's body, are conveniently located or act. The computer application should include: augmented reality type technology or virtual reality; a database with the sizes and codes of at least one manufacturer of the fashion sector or another; a database with objective indicators of nutritional status; a user monitoring system in terms of its dimensions and its volume, situation, temperature, shape, electrical activity and percentage of fat mass and lean mass; and a database with user parameters for the recognition of these based on codes and / or biometric systems. Thus, an external device detects the garment worn by a user and records the states and actions of its means for sizing, factor elements, markers and extra components; and a computer application, based on its transformation patterns, databases and monitoring system, deduces parameters of the user's body, such as its volume, situation, temperature, shape, percentage of fat mass and lean mass, electrical activity, or its dimensions, and, where appropriate, its size according to the size of each manufacturer”).
In regard to claim 3, Iglesias Rosado as modified by O'Neill discloses the processor is contained in the mobile electronic device (smartphone, see the translation of pages 1-3 of Iglesias Rosado above).
In regard to claim 5, Iglesias Rosado as modified by O'Neill discloses the processor is configured to output an indication of the computed dimension to a user of the apparatus (augmented reality type technology or virtual reality, see at least the translation of pages 4-5 of Iglesias Rosado above).
In regard to claim 6, Iglesias Rosado as modified by O'Neill discloses the mobile electronic device is a smartphone (smartphone, see the translation of pages 1-3 of Iglesias Rosado above), and wherein the fastener comprises a housing configured to fit over the smartphone (the housings for fitting on a smartphone, Figs. 1-3, 6A-6B, and 10-19 and associated descriptions; iPhone, Col 5 line 54 – Col 6 line 8 of O'Neill).
In regard to claim 7, Iglesias Rosado as modified by O'Neill discloses the pattern comprises multiple graphical symbols, which are disposed at different, respective locations across the surface of the fabric and encode information identifying the respective locations (Figs. 1 and 2 of Iglesias Rosado; see at least the translations in claims 1 and 2 above).
In regard to claim 8, Iglesias Rosado as modified by O'Neill discloses the imaging module comprises a transparent window covering the front opening of the conical extension so as to contact the surface of the fabric (referring to claim 1 above; elements 128/402/404, Figs. 1A-1I, 2A-3B, and 7A-11F and associated descriptions of O'Neill).
In regard to claim 9, Iglesias Rosado as modified by O'Neill discloses the window is oriented at an angle that is not parallel to a plane of the rear opening of the conical extension (Figs. 11A-11C and associated descriptions of O'Neill; it is noted that the rear opening of the conical extension can define multiple planes).
In regard to claim 16, Iglesias Rosado as modified by O'Neill discloses a method for measurement, comprising: providing a garment comprising an elastic fabric having a predefined pattern extending across a surface thereof and configured to be worn over a part of a body of a subject, such that the elastic fabric stretches across the part of the body; while the subject is wearing the garment, capturing images of the pattern using a camera, while the camera contacts and traverses across the surface of the fabric; processing the images captured by the camera at multiple locations on the surface of the fabric so as measure a local deformation of the pattern at the multiple locations due to stretching of the fabric; and outputting to a user an indication of the locations at which the images were captured (referring to claims 1-2, 5 and 7 above).
In regard to claim 17, Iglesias Rosado as modified by O'Neill discloses computing a dimension of the part of the body responsively to the measured deformation, and outputting an indication of the computed dimension to the user (referring to claims 1-2, 5 and 7 above).
In regard to claim 18, Iglesias Rosado as modified by O'Neill discloses fitting an imaging module over a mobile electronic device, the imaging module comprising a conical extension having a rear opening aligned with a camera module of the mobile electronic device and a front opening, which is larger than the rear opening and is configured to contact and traverse across the fabric, whereby the camera module captures the images through the front opening (referring to claims 1-2, 5 and 7 above).
In regard to claim 19, Iglesias Rosado as modified by O'Neill discloses the predefined pattern comprises multiple graphical symbols, which are disposed different, respective locations across the surface of the fabric and encode information identifying the respective locations, and wherein processing the images comprises decoding the information (referring to claims 1-2, 5 and 7 above).
In regard to claim 23, Iglesias Rosado as modified by O'Neill discloses capturing the images comprises illuminating an area contacted by the camera (Figs. 15A-15B and associated descriptions of O'Neill) but does not specifically disclose capturing one or more image frames while the area is not illuminated, and verifying that the one or more image frames are dark as an indication that the camera is in contact with the surface of the fabric. However, one of ordinary skill in the art would have recognized that when the camera is fully in contact with the imaging area of the fibric, the environmental light may not be captured by the camera and make the image dark and tilt imaging orientation may cause distortion of the image. Therefore, 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 to incorporate capturing one or more image frames while the area is not illuminated, and verifying that the one or more image frames are dark in order to check the contact status between the camera and the imaging area of the fibric and avoid possible image distortion.
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Iglesias Rosado and O'Neill as applied to claims 1-3, 5-9, 16-19, and 23 above, and further in view of Shankar et al. (USPGPUB 2016/0282599). In regard to claims 4 and 15, Iglesias Rosado as modified by O'Neill discloses the lens as taught by O'Neill can be utilized to magnification (see at least Fig. 25 and Col 15 line 53 – Col 16 line 8 of O'Neill) and magnified images are obtained when the lens in contact of the fabric (referring to claim 1 above) but does not specifically disclose a cap, having a calibration pattern formed thereon, which is configured to fit over the front opening of the conical extension, wherein the processor is configured to calibrate a magnification of the camera by processing an image of the calibration pattern captured by the camera module and to apply the calibrated magnification in measuring the local deformation of the pattern.
Shankar teaches a magnification device (element 108, Fig. 1 and associated descriptions) comprises a calibration pattern (calibration grid, Figs. 7A-C and associated descriptions; calibration grid, [0048]; [0079-0082]) incorporated into the magnification device ([0079]), a processor (elements 112/215, Figs. 1-2 and associated descriptions) is configured to calibrate a magnification of the device by processing an image of the calibration pattern captured by the camera module and to apply the calibrated magnification (transformation function may be used to reduce distortion caused by the lens of the magnification device, [0048]; [0078]; a transformation function may be determined that transforms the arc into an undistorted line/ parts of a magnified image that are received in the respective portions of the field of view 706 may be transformed (i.e., undistorted) according to the transformation functions, [0082]).
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 apparatus and the method (Iglesias Rosado as modified by O'Neill) to incorporate the calibration grid and associated functions/ elements/ configurations as taught by Shankar as a cap or cover to be fitted/ placed in front of the magnification lens, since both devices are magnification imaging systems and one of ordinary skill in the art would have recognized that calibration grid can be incorporated/ integrated in front of the magnification lens and associated transformation functions of the images can be used to reduce image distortion in the magnified results (see Shankar). The rationale would have been to calibrate the lens and obtain more precise image information of the patterns.
Allowable Subject Matter
Claims 20-22 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not teach or suggest “processing the images comprises tracking the locations on the surface of the fabric at which the camera captures the images, and wherein outputting the indication comprises prompting a user, responsively to the tracked locations, to shift the camera to an area of the garment in which the images of the pattern have not yet been captured”, in combination with the other claimed elements/ steps.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHU CHUAN LIU whose telephone number is (571)270-5507. The examiner can normally be reached M-Th (6am-6pm).
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/CHU CHUAN LIU/Primary Examiner, Art Unit 3791