DETAILED ACTION
A. This action is in response to the following communications: Amendment filed: 08/18/2025. This action is made Final.
B. Claims 1-20 remain pending.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeanologia Laser e-Mark Software Manual – NPL 2015, herein Jeanologia.
As for claim 1, Jeanologia teaches. A method comprising:
using a garment design tool, allowing a user to create a garment design by selecting a damage asset before the garment design is manufactured (pg. 8 section 2.1 e-Mark 2.0 is a garment design tool for laser design on garments), wherein the damage asset comprises at least one of a hole, emerging hole or rip (pg. 13 4.1 e-Mark interface shows a photorealistic visualization of garment (jeans) that will be used do design damage asset to be lasered onto said jeans; pg. 35 raster image of holes and rips to be simulated on the garment/jeans are displayed as photorealistic effects of the washing process; pg. 30 import raster image and transform image to a ripper this will create a FIT design entry into the library to add rips, holes damaged assets);
showing the damage asset on a computer screen to the user using a previously captured photorealistic image of at least one of a hole, emerging hole, or rip digitally captured from an actual hole, an emerging hole or a rip on a fabric (Jeanologia shows on page 13 section 4.1 e-Mark interface renders on user interface a captured/acquired photorealistic visualization of garment (jeans) that will be used do design damage asset to be lasered onto said jean. Page 30 discusses how to import vectorial images and raster images, raster images are known in the art more common with photorealistic. On page 32 user can insert a photo with properties equlivant to images from the integrated camera. On page 35 the user can take a picture (capture) of garment perform washing on them and then save the design as a “FIT design” which is a template the user can call upon to wash another pair of jeans. These can be saved as templates and/or designs and shown to the user in the design library mentioned on page 47. On page 50 your own designs are imported/created and stored here that were created within the eMarks UI. On page 53, Jeanologia teaches using a camera that is integrated to get a picture of the garment in production to be presented in the user interface. User can create FIT designs that can be stored in the design library to recall for future design needs. On page 55 user can upload an photorealistic image of jeans and customize it with the user interface for the laser wash system. On page 81 camera calibration is presented to the user interface to configure the camera on the machine to capture garments correctly before and after laser washing.); and
after the damage asset is selected, allowing the user to alter a position of the damage asset, wherein as the user adjusts the position of the damage asset, the altered positioning of the damage asset is displayed on the computer screen in real time (pg.34 transform tool allows for real-time transforming of damage asset overlaid on pants displayed in UI).
As for claim 2, Jeanologia teaches. The method of claim | comprising: in the garment design tool, allowing the user to alter a sizing of the damage asset, wherein as the user adjusts the sizing of the damage asset, the altered sizing of the damage asset is displayed on the computer screen in real time (pg. 27 6.9 transforming objects allows for manipulation of assets such as moving, sizing, skew and rotate; pg.35 real time preview of final design).
As for claim 3, Jeanologia teaches. The method of claim | wherein the previously captured image of at least one of a hole or emerging hole was created by forming a damage shape in a single color, using a laser to create the damage shape on a fabric, after washing the fabric with the damage shape, capturing an image of the damage shape on the fabric, and using the image of the damage shape as the previously captured image (fig. 6.1 is example of damage asset selected within user interface, this section teaches how the user selects an asset and manipulates it on a preview of the garment to be lasered),
As for claim 4, Jeanologia teaches. A method comprising:
creating an image of a damage shape (fig. 6.1 is example of damage asset selected within user interface, this section teaches how the user selects an asset and manipulates it on a preview of the garment to be lasered),;
storing the damage shape in a damage asset file; based on the damage asset file, forming a damaged region in a first material based on the damage shape (pg.47 your own designs are stored here that were created within the eMarks UI).;
in a washing machine, washing the first material with the damaged region to reveal a hole (pg.8 any colors of denim can be treated with laser washing machine; pg.30 rips are formed from design choice);
after the washing, digitally capturing an image of the hole in the first material that corresponds to the damage shape (pg.47 your own designs are stored here that were created within the eMarks UI); and
using the image of the hole in the first material as a preview image of a damage asset that corresponds to the damage shape in a digital design tool, wherein the digital design tool allows a user to create a garment design and view a photorealistic visualization of the garment design comprising the preview image of the damage asset (pg.50 your own designs are imported/created and stored here that were created within the eMarks UI).
As for claim 5, Jeanologia teaches. The method of claim 4 comprising: in the digital design tool, allowing the user to create a garment design by selecting a garment template and the damage asset, based on the preview image of the damage asset (pg. 8 section 2.1 e-Mark 2.0 is a garment design tool for laser design on garments); and
showing on a computer screen the preview image of the garment design as customized by the user with the garment template and damage asset (pg. 13 4.1 e-Mark interface shows a photorealistic visualization of garment (jeans) that will be used do design damage asset to be lasered onto said jeans).
As for claim 6, Jeanologia teaches. The method of claim 5 comprising: creating the damage asset on an outer surface of a garment corresponding to the garment design based on a digital input file comprising the damage shape, wherein based on the digital input file, at a location specified for damage asset, a machine forms a damaged region in a second material in a shape corresponding to the damage shape (pg.,47 gallery; fig. 6.1 is example of damage asset selected within user interface, this section teaches how the user selects an asset and manipulates it on a preview of the garment to be laser).
As for claim 7, Jeanologia teaches. The method of claim 6 wherein the first material comprises a denim and the second material comprises a denim (pg.8 wash on denim material, be it jeans shorts jacket etc…).
As for claim 8, Jeanologia teaches. The method of claim 6 wherein the first material comprises a different shade from the second material (pg.8 any colors of denim can be treated with laser washing machine).
As for claim 9, Jeanologia teaches. The method of claim 6 wherein the first material comprises a different weight from the second material (pg.45 breakage type is intensity value setting of ripping the denim and could be related to type of denim).
As for claim 11, Jeanologia teaches. The method of claim 1 wherein the appearance of the garment as if the garment had been manufactured by a lasing process of the garment design and after being washed by a postlaser wash (pg. 13 4.1 e-Mark interface shows a photorealistic visualization of garment (jeans) that will be used do design damage asset to be lasered onto said jeans).
Claim Rejections - 35 USC § 103
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
5. 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.
6. Claim 10 and 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeanologia Laser e-Mark Software Manual – NPL 2015, herein Jeanologia in view of Jeanologia – NPL (https://www.youtube.com/watch?v=2WWqW4MLnDs) “Jeanologia; Part 3/5; Light PP Spray”, herein referred to as “Jeanologia II”.
PDF’s Attached to office action.
As for claim 10, Jeanologia teaches. A method comprising: in a garment design tool, creating a garment design by selecting a garment template and a damage asset, wherein the damage asset comprises digital imagery of at least one of a hole, an emerging hole, or a rip, digitally captured from an actual hole, an emerging hole or a rip on a fabric; in the garment design tool and prior to manufacturing the garment design, showing on a computer screen a computer-generated photorealistic preview image in color of the garment design as customized by a user with the garment template and the damage asset, wherein the computer-generated photorealistic preview image comprises a photorealistic visualization in color of the garment design after a computer simulation of an appearance of a garment as if the garment had manufactured (Jeanologia shows on page 13 section 4.1 e-Mark interface renders on user interface a captured/acquired photorealistic visualization of garment (jeans) that will be used do design damage asset to be lasered onto said jean. Page 30 discusses how to import vectorial images and raster images, raster images are known in the art more common with photorealistic. On page 32 user can insert a photo with properties equlivant to images from the integrated camera. On page 35 the user can take a picture (capture) of garment perform washing on them and then save the design as a “FIT design” which is a template the user can call upon to wash another pair of jeans. These can be saved as templates and/or designs and shown to the user in the design library mentioned on page 47. On page 50 your own designs are imported/created and stored here that were created within the eMarks UI. On page 53, Jeanologia teaches using a camera that is integrated to get a picture of the garment in production to be presented in the user interface. User can create FIT designs that can be stored in the design library to recall for future design needs. On page 55 user can upload an photorealistic image of jeans and customize it with the user interface for the laser wash system. On page 81 camera calibration is presented to the user interface to configure the camera on the machine to capture garments correctly before and after laser washing.).
Jeanologia does not specifically show within the document that the interface is color graphics; however in another Jeanologia reference, Jeanologia II as shown on a YOUTUBE video the interface is shown as in color wherein the user is able to place color graphics onto the image/video of the jean and a live feed shows the wash process in color as shown on the right side of the video in which a visualization of the jeans are displayed in color.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention because both references are describing the same software from the same company Jeanologia.
As for claim 12, Jeanologia teaches. The method of claim 10 wherein the damage asset is created by a laser on a fabric to digitally represent the fabric having the at least one of the hole, the emerging hole, or the rip (pg. 8 section 2.1 e-Mark 2.0 is a garment design tool for laser design on garments);
As for claim 13, Jeanologia teaches. The method of claim 12 wherein the damage asset is created by creating a damage shape, using a laser to create the damage asset on a fabric, after washing of the fabric with the lasered damage asset, capturing an image of the damage shape on the fabric, (fig. 6.1 is example of damage asset selected within user interface, this section teaches how the user selects an asset and manipulates it on a preview of the garment to be lasered),
and using the image of the damage shape as the damage asset in the preview image of the garment design (page 55, once a design is complete it can be saved and sent as a .JEAN laser marking file).
As for claim 14, Jeanologia teaches. The method of claim 10 comprising: in the garment design tool, allowing the user to alter a sizing of the damage asset relative to the garment template (pg. 27 6.9 transforming objects allows for manipulation of assets such as moving, sizing, skew and rotate).
As for claim 15, Jeanologia teaches. The method of claim 14 wherein as the user adjusts the sizing, the altered sizing of the damage asset is displayed on the computer screen in real time (pg.34 transform tool allows for real-time transforming of damage asset overlaid on pants displayed in UI).
As for claim 16, Jeanologia teaches. The method of claim 10 comprising: in the garment design tool, allowing the user to alter a position of the damage asset relative to the selected garment template (pg. 27 6.9 transforming objects allows for manipulation of assets such as moving, sizing, skew and rotate).
As for claim 17, Jeanologia teaches. The method of claim 16 wherein as the user adjusts the position, the altered positioning of the damage asset is displayed on the computer screen in real time (pg.34 transform tool allows for real-time transforming of damage asset overlaid on pants displayed in UI).
As for claim 18, Jeanologia teaches. The method of claim 10 wherein the damage asset comprises the rip (pg.30 rips are formed from design choice).
As for claim 19, Jeanologia teaches. The method of claim 10 wherein the garment design comprises a design for a pair of pants (pg.8 wash on denim material, be it jeans shorts jacket etc…).
As for claim 20, Jeanologia teaches. The method of claim 10 wherein the garment design comprises a design for a pair of jeans(pg.8 wash on denim material, be it jeans shorts jacket etc…).
(Note :) It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)).
Response to Arguments
Applicant's arguments filed 08/18/2025 have been fully considered but they are not persuasive.
A1. Applicant argues that Jeanologia does not teach captured photorealistic image of at least one of a hole, emerging hole, or rip digitally captured from an actual hole, an emerging hole, or a rip on a fabric; corresponding to claim 1 and in a washing machine, washing the first material with the damaged region to reveal a hole: after the washing, digitally capturing an image of the hole in the first material that corresponds to the damage shape; corresponding to claim 4.
R1. Examiner does not agree, Jeanologia teaches uses photorealistic images in their graphical user interface and therefore were captured; the how it was captured is not discussed within the claim limitation. Jeanologia shows on page 13 section 4.1 e-Mark interface renders on user interface a captured/acquired photorealistic visualization of garment (jeans) that will be used do design damage asset to be lasered onto said jean. Page 30 discusses how to import vectorial images and raster images, raster images are known in the art more common with photorealistic and transform image to a ripper this will create a FIT design entry into the library to add rips, holes damaged assets On page 32 user can insert a photo with properties equlivant to images from the integrated camera. On page 35 the user can take a picture (capture) of garment perform washing on them and then save the design as a “FIT design” which is a template the user can call upon to wash another pair of jeans. These can be saved as templates and/or designs and shown to the user in the design library mentioned on page 47. On page 50 your own designs are imported/created and stored here that were created within the eMarks UI. On page 53, Jeanologia teaches using a camera that is integrated to get a picture of the garment in production to be presented in the user interface. User can create FIT designs that can be stored in the design library to recall for future design needs. On page 55 user can upload an photorealistic image of jeans and customize it with the user interface for the laser wash system. On page 81 camera calibration is presented to the user interface to configure the camera on the machine to capture garments correctly before and after laser washing.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Inquires
Any inquiry concerning this communication should be directed to NICHOLAS AUGUSTINE at telephone number (571)270-1056.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/NICHOLAS AUGUSTINE/Primary Examiner, Art Unit 2178 October 22, 2025