DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restriction
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-8, drawn to virtual dressing room.
Group II, claim(s) 9-12, drawn to interior design.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I and II lack unity of invention because the groups do not share the same or corresponding technical feature.
During a telephone conversation with Ilya Libenzon on February 2, 2026 a provisional election was made without traverse to prosecute the invention of I, claims 1-8. Affirmation of this election must be made by applicant in replying to this Office action. Claims 9-12 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Claim Rejections - 35 USC § 112
Claim 8 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 8, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 and 6-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Carter et al., 20250131669 A1.
Regarding claim 1, Carter discloses a method for virtual try-on and assembly of items using a digital inventory and spatial management system, comprising: receiving user input regarding physical dimensions or a digital avatar (paragraph 0020, user make changes to the avatar, such as adjusting body size; paragraph 0094); generating composite visuals or videos of selected items, including clothing and accessories, to simulate how these items would appear when used in conjunction (paragraph 0020, selecting clothing; FIG. ); and utilizing the generated visuals or videos to enable fashion coordination, allowing users to experiment with different item combinations virtually before making physical try-ons (paragraph 0104, user selects clothing from various styles of clothing; paragraph 0110, provides the user with an option to select from one or more different outfits).
Regarding claim 2, Carter discloses further comprising utilizing a database of item images and specifications to accurately generate the composite visuals or videos, ensuring a realistic representation of how the items would look when used together (FIG. 5; paragraph 0147, clothing textures can include colors, patterns, and details to make the clothing look realistic).
Regarding claim 3, Carter discloses wherein the generated visuals or videos are customizable by the user, allowing for the adjustment of item colors, sizes, and styles to better match personal preferences and body dimensions (paragraph 0113, may have a basic hat shape, and users can adjust parameters like color, size, and decorations to customize the hat).
Regarding claim 4, Carter discloses including a feature to save and share the created outfits or item assemblies with others via social media or within a community integrated into the computing device’s application.
(paragraphs 0151-0152, media content items include: content augmentations to enhance images, videos, or other media content items to share with others; paragraph 0161, saves and finalizes the avatar).
Regarding claim 5, Carter discloses a method for enhancing personal styling and item selection through augmented reality (AR) using a digital inventory and spatial management system, comprising: capturing a live video feed of a user via a camera on a computing device (paragraph 0097, captures a significant amount of visual data from the user’s face); overlaying selected clothing and accessories onto the live video feed using AR technology to show how the items would look on the user in real-time (paragraph 0102, users can adjust details like hair color, hairstyle, clothing, accessories, and makeup); and providing an immersive try-on experience that aids in decision-making by allowing the user to view and interact with the overlaid items, enhancing personal styling (paragraph 0102, users can adjust details; to achieve a more personalized look; paragraph 0113-0114, avatar system can have a basic hat shape, and user can adjust parameters like color, size and decorations to customize it; avatar system employs a layering system where each characteristics (e.g., hat, hair, glasses) is represented by a separate layer).
Regarding claim 7, Carter discloses further comprising a feedback mechanism within the AR overlay, allowing users to receive style recommendations or alternative item suggestions based on the selected items (paragraphs 0059-0062, provides functions related to the generation and publishing of augmentations (e.g., media overlays) for images captured in real-time by cameras of the user system; augmentations are selected by the augmentation system and presented to a user of an interaction client, based on a number of inputs and data, such as for example: geolocation of the user system; entity relationship information for the user; augmentation may include audio and visual content and visual effects).
Regarding claim 8, Carter discloses including the integration of a facial recognition feature to adjust the placement and fit of accessories, such as glasses or hats, within the AR overlay for a more accurate virtual try-on experience (paragraph 0116, retrieval of accessory meshes; user selects a hair style, a hat, glasses, other accessories, and an outfit, and can modify the avatar such as a head portions; avatar system retrieves individual meshes as they are selected, and the avatar is updated; FIG. 6).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 6 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Carter as applied to claim 5 above, further in view of Curry et al., U.S. Patent Publication Number 2015/0154691 A1.
Regarding claim 6, it is noted that Carter fails to disclose wherein the AR technology further includes a virtual fitting room feature that enables the user to select and swap items in real-time, enhancing the try-on experience.
Curry discloses wherein the AR technology further includes a virtual fitting room feature that enables the user to select and swap items in real-time, enhancing the try-on experience (paragraph 0030, a virtual fitting room interaction platform or store front where the user/customer can access, select, make modification to virtual garment selections; paragraph 0062, system uses each user’s Body Profile (and/or variations to the Body Profile measured via the user’s “modified” Body Profile) to create a 3D “avatar”, specific to each individuation user; a graphical representation of a sample “avatar” is shown within a “virtual, dressing room” GUI in FIG.9).
It would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to include in the avatar clothing selections as disclosed by Carter, the virtual dressing room as disclosed by Curry, to aid the user in visualizing one or more selected garments and/or accessories as they would be applied to the user’s own body in a location of the user’s choosing as they would in a retail changing room having the ability to access, select, make modifications to virtual garment selections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nguyen et al., U.S. Patent Publication Number 2021/0287274 A1
Nguyen discloses paragraph 0014, providing clothing fitness services after receiving input images and personal parameters from users; (b) providing try-on services using the body model and measurements and input images of F&A items; (c) providing smart style services by matching input images of F&A items extracted from past and current fashion and apparel (F & A) image files exchange in a peer-to-peer manner among users and sellers; (d) providing a recommendation services; paragraph 0110, displays 1611-1613 illustrate the virtual try-on and display system; display presents a dressing room; list all characteristics of recommended dress, which includes, color, price, style, size, stores nearby; end-users may share try-on image by pressing a share button; otherwise, end-users may decide to down load try-on image onto smart phone by pressing a download button.
Weiner, U.S. Patent Publication Number 2021/0192606 A1
Weiner discloses paragraph 0013, a virtual try-on system for clothing and accessories, enabling users to sample digital clothing and outfits on their bodies; the system records allows user to scan their entire body; records hundreds of body measurements of the user such as height, arm and leg length, inseam, chest, hip, waist, and more, maximizing accuracy when trying on specific sizes and styles of clothing, and enabling users to see how the outfit will look through their digital avatar.
Lee et al., U.S. Patent Publication Number 2022/0301/041 A1
Lee discloses paragraph 0009, receiving an image of a subject in front through a camera; figures 18 and 19; paragraph 0200, a body size report screen may represent the total height, weight, shoulder width, neck circumference, shoulder, chest, waist, hip, arm length and leg length of the subject; paragraph 0008, create a virtual avatar based on the gender, the body size and the face, and display a virtual fitting screen including the avatar wearing the found fashion item; FIGS. 26-29, paragraph 0259, when a change menu is touched in the look book screen, the controller displays a fashion item change screen; paragraph 0260, at least one fashion item selected through the fashion item change screen is shown being worn on a virtual avatar; paragraph 0261, displaying a look book screen of the virtual avatar wearing the fashion item changed through the fashion item change screen; paragraph 0266, an area in which a wearing button for enabling a virtual avatar to try on a selected item.
Gadre et al., U.S. Patent Publication Number 2016/0035061 A1
Gadre discloses FIG. 16-17, discloses elements 1703-1724 for receiving user inputs that indicative of user attributes and saving; share element 1408, save element 1724, update element 1406, and a create element 1404; paragraphs 0163, providing user measurement data; user uploading an image; user may select an upload element for providing to the digital avatar system; paragraph 0166, user may select one or more categories that the user prefers formal clothing, pants, causal clothing, shoes, shirts, and/or funky clothing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Motilewa Good-Johnson whose telephone number is (571)272-7658. The examiner can normally be reached Monday - Friday 6am-2:30pm.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Chan can be reached at 571-272-3022. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOTILEWA . GOOD JOHNSON
Primary Examiner
Art Unit 2616
/MOTILEWA GOOD-JOHNSON/Primary Examiner, Art Unit 2619