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 .
Response to Arguments
Applicant’s arguments with respect amended claims 25, 27-37, canceled claims 26, 38, 39 and added new claims 40, 41 filed on 04/22/2026 have been considered but they are not persuasive.
However, examiner found some amended limitations are taught by references previous introduced.
In Remark page 13, lines 3-5, applicant argued that Applicant respectfully submits that this disclosure does not teach the recited "capturing an input video stream generated by an imaging device of the user device directly from the imaging device."
The examiner respectfully disagrees with Applicant’s argument. In fact, in Fig.1, paragraph [0036], Poliakov discloses “the client devices 110 execute functionality of the video modification system 160 to segment images of video streams during capture of the video streams and transmit the video streams (e.g., with image data modified based on the segmented images of the video stream)” and [0031] “the video modification system generates and modifies visual elements within the video stream based on data captured from the real-world environment as captured within the video stream and an accompanying audio stream” and [0043] “FIG. 2, The video modification system 160 is shown to include an image capture component 210” Poliakov teaches capturing the input video stream by an capture component (210, Fig. 2) generated directly by an imaging device of the user device (data captured from real-world environment from a client device 110, Fig. 1).
In Remark page 13, lines 20-24, applicant argued that "registering the manipulated video stream to an operating system of the user device as a virtual imaging device". The Examiner cited paragraphs [0003], [0039], and [0093] of Poliakov for this limitation. Applicant respectfully submits that the cited disclosures, individually or together, do not teach or suggest the recited operation
The examiner respectfully disagrees with Applicant’s argument. In fact, in paragraph [0003], Poliakov discloses “video conferencing allows two or more individuals to communicate with each other using a combination of software applications. Telecommunications devices may also record video streams to transmit as messages across a telecommunications network” and [0004] “Telecommunications devices use physical manipulation of the device in order to perform operations” and Fig. 1, [0039] “An individual can register with the social messaging system 130 to become a member of the social messaging system 130” and [0027] “ Once capture of the video stream begins, processing components (e.g., hardware processors) of the vending machine analyze the video stream to identify the user's face. The processing components modify a three-dimensional model of a pair of glasses for the virtual try-on using the characteristics of the face…modify the size of the three-dimensional glasses model to achieve a realistic fit for the glasses model to the face within the video stream” and Fig. 17, [0093] “the software 902 includes layers such as an operating system 904” and Poliakov teaches user registers to an operating system of the user device (system 130, Fig. 1) and manipulating the captured video stream by modifying a pair of glasses for the virtual try-on to fit to the face within the captured video stream;
In Remark page 13, lines 9-12, applicant argued that none of the cited references teaches or suggests, none can support the architectural framework required for the recited inputting of the manipulated stream to a separately running communication program.
The examiner respectfully disagrees with Applicant’s argument. In fact, in paragraph [0004], Poliakov discloses “Telecommunications devices use physical manipulation of the device in order to perform operations, devices are typically operated by manipulating an input device, such as a touchscreen, and modifying video streams in real time while the video stream is being captured” and [0026] “When the user taps or holds a video capture icon in the user interface, the camera begins to capture a video stream. The user may select aspects of the glasses or initiate video capture in differing orders depending on the embodiment of the user interface” and [0105] “the communication components 1064 detect identifiers or include components operable to detect identifiers include Radio Frequency Identification (RFID) tag reader components, NFC smart tag detection components, optical reader components (e.g., an optical sensor to detect one-dimensional bar codes such as a Universal Product Code (UPC) bar code...” Poliakov teaches inputting the manipulated video stream to a communication computer program (e.g., RFID, NFC, optical reader…) running on the user device.
In Remark page 16, lines 6-7, applicant argued that The cited disclosure in Poliakov therefore does not teach or suggest the recited background-removal limitation of claim 29.
The examiner respectfully disagrees with Applicant’s argument. In fact, in paragraph [0065], Poliakov discloses “ a first change in eyebrow position may cause the interaction component 270 and the rendering component 240 to generate and present a red light, indicating image capture device recording, and receiving a subsequent selection corresponding to a second change in eyebrow position may cause the red light to be removed from the graphical representation of the glasses, the red light may be positioned proximate to an image capture device depicted as part of the graphical representation of the glasses” Poliakov teaches in a second change in eyebrow position cause remove the red light which indicating the red light may be positioned proximate to an image capture device recording on the background image item (an users wears the glasses), is outside the body item (the glasses).
In Remark page 16, lines 6-7, applicant argued that Accordingly, the cited disclosure does not teach or suggest the limitations of claims 32 and 33.
The examiner respectfully disagrees with Applicant’s argument. In fact, in paragraph [0031], Poliakov discloses [0031] “A video modification system is described that identifies and tracks objects and areas of interest within an image or across a video stream, the video modification system identifies faces and fits various three-dimensional models (e.g., glasses, clothing, accessories, hairstyles, or devices) to the faces depicted within a field of view of an image capture device” and [0105] “the communication components 1064 detect identifiers or include components operable to detect identifiers” Poliakov teaches the wearable video item identifier as a name/information text, e.g., a glass, clothing is an identifier image item.
Independent claims 40 has been amended similarly to claim 25 and is rejected as the explanation above.
Dependent claims 27-37, 40, depend on independent claim 25 and rejected as current rejection.
The rejection of claims 25-37 under 35 U.S.C. §101 are withdrawn in of Applicant’s amended in claims 25, 27-37.
The claim objection of claim 39 is withdrawn in of Applicant’s canceled claim 39
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 of this title, 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 25, 27-29, 31-37, and 40-41 are rejected under 35 U.S.C. 103 as being unpatentable by Poliakov et al. (U.S. 2021/0090347 A1) in view of Xu et al. (U.S. 20170018024 A1).
Claims 1-24. (Cancelled)
Regarding Claim 25 (Currently amended), Poliakov discloses that a user device cause the user device to perform operations comprising (Poliakov, [0025] “a video stream and presentation of modified objects within the video stream…includes systems, methods, instruction sequences, and computing machine program products” [0033] “the corresponding hardware (e.g., memory and processor) for executing the instructions” Poliakov teaches a video manipulation computer machine program includes instructions are executed by a processor to perform operation,
capturing an input video stream generated by an imaging device of the user device directly from [[of]] the imaging device (Poliakov, Fig. 1, [0036] “the client devices 110 execute functionality of the video modification system 160 to segment images of video streams during capture of the video streams and transmit the video streams (e.g., with image data modified based on the segmented images of the video stream)” and [0031] “the video modification system generates and modifies visual elements within the video stream based on data captured from the real-world environment as captured within the video stream and an accompanying audio stream” and [0043] “FIG. 2, The video modification system 160 is shown to include an image capture component 210” Poliakov teaches capturing the input video stream by an capture component (210, Fig. 2) generated directly by an imaging device of the user device (data captured from real-world environment from a client device 110, Fig. 1).
providing the captured input video stream as input video data to [[the]] a video manipulation computer program (Poliakov, [0004]
“Telecommunications devices use physical manipulation of the device in order to perform operations, devices are typically operated by manipulating an input device, such as a touchscreen and modifying video streams in real time while the video stream is being captured” and Fig. 2, [0045] “the image capture component 210 directly receives the video stream captured by the image capture device, the image capture component 210 passes all or part of the video stream (e.g., the set of images comprising the video stream) to one or more other components of the video modification system 160” Poliakov teaches provide the captured input video stream as input video data (the image capture component 210) to the manipulation computer program (the video modification system 160);
detecting a person as a body item in the input video data, the body item representing the person in the input video data (Poliakov, [0047] “the object recognition component 220 includes facial tracking logic to identify all or a portion of a face within the one or more images and track landmarks of the face across the set of images of the video stream” Poliakov teaches detect (identify) a person as a body item which represent the person in the input video data e.g., the face of a person across the set of images of the input video stream;
fitting a wearable video item on the body item in the input video data to provide manipulated video data (Poliakov, [0055] “The graphical representation of glasses is applied in a second subset of images occurring within the video stream as the video stream is being received” and [0056] “in applying the graphical representation of the glasses to the face. Based on the face characteristics, the rendering component 240 modifies the one or more dimensions to scale the graphical representation of the glasses to fit the portion of the face” Poliakov teaches fit a wearable video item (a glasses) on the body item (a face) in the input video data to provide manipulated video data (the rendering component 240 modifies the dimensions of face to fit in the glasses); [[and]]
registering the manipulated video stream to an operating system of the user device as a virtual imaging device (Poliakov, [0003] “video conferencing allows two or more individuals to communicate with each other using a combination of software applications. Telecommunications devices may also record video streams to transmit as messages across a telecommunications network” and [0004] “Telecommunications devices use physical manipulation of the device in order to perform operations” and Fig. 1, [0039] “An individual can register with the social messaging system 130 to become a member of the social messaging system 130” and [0027] “ Once capture of the video stream begins, processing components (e.g., hardware processors) of the vending machine analyze the video stream to identify the user's face. The processing components modify a three-dimensional model of a pair of glasses for the virtual try-on using the characteristics of the face…modify the size of the three-dimensional glasses model to achieve a realistic fit for the glasses model to the face within the video stream” and Fig. 17, [0093] “the software 902 includes layers such as an operating system 904” and Poliakov teaches user registers to an operating system of the user device (system 130, Fig. 1) and manipulating the captured video stream by modifying a pair of glasses for the virtual try-on to fit to the face within the captured video stream; and
inputting the manipulated video stream to a communication computer program running on the user device (Poliakov, [0004] “Telecommunications devices use physical manipulation of the device in order to perform operations, devices are typically operated by manipulating an input device, such as a touchscreen, and modifying video streams in real time while the video stream is being captured” and [0026] “When the user taps or holds a video capture icon in the user interface, the camera begins to capture a video stream. The user may select aspects of the glasses or initiate video capture in differing orders depending on the embodiment of the user interface” and [0105] “the communication components 1064 detect identifiers or include components operable to detect identifiers include Radio Frequency Identification (RFID) tag reader components, NFC smart tag detection components, optical reader components (e.g., an optical sensor to detect one-dimensional bar codes such as a Universal Product Code (UPC) bar code...” Poliakov teaches inputting the manipulated video stream to a communication computer program (e.g., RFID, NFC, optical reader…) running on the user device.
However, Poliakov does not explicitly teach outputting the manipulated video data as a manipulated video stream from the manipulation computer program.
Xu teaches outputting the manipulated video data as a manipulated video stream from the manipulation computer program (Xu, [0005] “the programming including instructions to: map an image of clothes to the video stream of the upper body of the user according to the keypoints; and display an augmented video stream of the upper body of the user with the image of the clothes overlaid over a portion of the video stream of the upper body of the user” Xu teaches output (display) the manipulated video stream (map an image of clothes to the video stream of the upper body of the user) by the computer program (the programming including instructions).
Poliakov and Xu are combinable because they are from the same field of endeavor, system and method for image processing and try to solve similar problems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made for modifying the method of Poliakov to combine with output the manipulated video stream (as taught by Xu) in order to output the manipulated video stream because Xu can provide output (display) the manipulated video stream (map an image of clothes to the video stream of the upper body of the user) from the computer program (the programming) (Xu, [0005]). Doing so, it may provide an interface for efficiently placing the functions of a virtual clothes-fitting system on a small mobile screen in a visually pleasing and usable manner (Xu, [0014]).
Regarding Claim 26 (Canceled).
Regarding Claim 27 (Currently amended), a combination of Poliakov and Xu discloses non-transitory computer-readable medium according to claim 25, wherein the instructions, when executed, further cause the user device to:
capture the input video stream generated by an image sensor of the imaging device (Poliakov, [0078] “the image capture device of the product distribution machine is a camera, a digital image sensor (e.g., a CCD sensor or a CMOS sensor) capable of capturing the set of images of the video stream” and [0031] “the video modification system generates and modifies visual elements within the video stream based on data captured from the real-world environment” Poliakov teaches the imaging device (the camera) includes an image sensor to capture input video stream and generates visual elements within the input video stream; or
capture the input video stream from an output of the imaging device, the output being configured to receive the input video stream from an image sensor of the imaging device.
Regarding Claim 28 (Currently amended), a combination of Poliakov and Xu discloses non-transitory computer-readable medium according to claim 25, wherein the instructions, when executed, further cause the user device to :
identify a first body part item in the detected body item in the input video data, the first body part item representing one body part of the person (Poliakov, [0047] “the object recognition component 220 includes facial tracking logic to identify all or a portion of a face within the one or more images and track landmarks of the face across the set of images of the video stream” Poliakov teaches identify a first body part item in the detected body item which represent the body part of the person in the input video data e.g., identify all or a portion of a face of a person across the set of images of the input video stream; and
fit the wearable video item on the identified first body part item in the input video data to provide the manipulated video data (Poliakov, [0028] “the processing components, tracking movement of the face and three-dimensional glasses model, adjust visual aspects of the glasses model to mimic differing lighting conditions, angles, shapes, or shadows resulting from movement of the face and three-dimensional glasses model…analyze the face, scale and fit the three-dimensional glasses model, and present the modified video stream in real time as the video stream including the face is being simultaneously captured” Poliakov teaches fit a wearable video item (a glasses) on the body item (a face) in the input video data to provide manipulated video data (present the modified video stream including the face is being simultaneously captured).
Regarding Claim 29 (Currently amended), a combination of Poliakov and Xu discloses non-transitory computer-readable medium according to claim 25, wherein the instructions, when executed, further cause the user device to :
remove a background image item from the input video data, the background image item comprising image data outside the body item (Poliakov, [0065] “ a first change in eyebrow position may cause the interaction component 270 and the rendering component 240 to generate and present a red light, indicating image capture device recording, and receiving a subsequent selection corresponding to a second change in eyebrow position may cause the red light to be removed from the graphical representation of the glasses, the red light may be positioned proximate to an image capture device depicted as part of the graphical representation of the glasses” Poliakov teaches in a second change in eyebrow position cause remove the red light which indicating the red light may be positioned proximate to an image capture device recording on the background image item (an users wears the glasses), is outside the body item (the glasses).
fit the wearable video item on the (Poliakov, [0055] “The graphical representation of glasses is applied in a second subset of images occurring within the video stream as the video stream is being received” and [0056] “in applying the graphical representation of the glasses to the face. Based on the face
characteristics, the rendering component 240 modifies the one or more dimensions to scale the graphical representation of the glasses to fit the portion of the face” Poliakov teaches fit a wearable video item (a glasses) on the body item (a face) in the input video data to provide manipulated video data (the rendering component 240 modifies the dimensions of face to fit in the glasses), and
combine the removed background image item and the body item having the wearable video item to provide the manipulated video data having the wearable video item on the body item (Poliakov, [0068] “FIG. 5 identifying and tracking a face within a first set of images of a video stream and generating a graphical representation of a set of glasses affixed to the face in real time in a second set of images of the video stream while the video stream is being captured” and [0067] “in FIG. 6, a three-dimensional model 600 of a pair of glasses is rendered on a user 602” Poliakov teaches combine (generate) the removed background image item (the glasses is removed the red light) and the body item (the face) having the wearable video item (the glasses) (Fig. 6); or
identify a first body part item in the detected body item, the first body part item representing one body part of the person.
remove a background image item from the input video data, the background image item comprising image data outside the
fit the wearable video item on the part item, and
combine the removed background image item and the first body part item having the wearable video item to provide the manipulated video data having the wearable video item on the first body part item; or
identify a first body part item in the detected body item, the first body part item representing one body part of the person.
remove a background image item from the input video data, the background image item comprising image data outside the body item,
separate the first body part item from the body item,
fit the wearable video item on the separated first body part item,
combine the first body part item to the body item, and
combine the removed background image item and the body item having the wearable video item to provide the manipulated video data having the wearable video item on the first body part item.
Regarding Claim 31 (Currently amended), non-transitory computer-readable medium according to claim 25, Poliakov does not explicitly teach wherein the instructions, when executed, further cause the user device to
maintain a wearable video item database having one or more wearable video item profiles, each of the wearable video item profiles comprising a wearable video item.
However, Xu teaches maintain a wearable video item database having one or more wearable video item profiles, each of the wearable video item profiles comprising a wearable video item (Xu, [0025] “The processing unit 501 may include a mass storage device 530” and [0020] “FIG. 2, A live video stream of the user's upper body will be obtained and presented on the display 210 of the wireless device. Images of clothing from which the user may select may be shown in a portion of the screen as in screen 216 or the user may navigate to screen 220 to select clothing” Wu teaches maintain a wearable video item in storage having one or more wearable video item profile (fitting clothes, 220, Fig. 2) includes a wearable video item (fitting clothes).
Poliakov and Xu are combinable see rationale in claim 25; or
maintain a wearable video item database having one or more wearable video item profiles, each of the wearable video item profiles comprising a wearable video item and a wearable video item identifier, the wearable video item identifier being specific to the wearable video item in the wearable video item profile.
Regarding Claim 32 (Currently amended), Poliakov discloses non-transitory computer-readable medium according to claim 31, wherein a wearable video item identifier associated with a wearable video item profile is:
(Poliakov, [0031] “A video modification system is described that identifies and tracks objects and areas of interest within an image or across a video stream, the video modification system identifies faces and fits various three-dimensional models (e.g., glasses, clothing, accessories, hairstyles, or devices) to the faces depicted within a field of view of an image capture device” and [0105] “the communication components 1064 detect identifiers or include components operable to detect identifiers” Poliakov teaches the wearable video item identifier as a name/information text, e.g., a glass, clothing is an identifier image item; or
Regarding Claim 33 (Currently amended), a combination Poliakov and Xu discloses non-transitory computer-readable medium according to claim [[31]] 32, wherein the instructions, when executed, further cause the user device to
add the wearable video item identifier to the manipulated video data (Poliakov [0031] “the video modification system identifies faces and fits various three-dimensional models (e.g., glasses, clothing, accessories, hairstyles, or devices) to the faces depicted within a field of view of an image capture device” and [0105] “the communication components 1064 detect identifiers” and [0027] “The processing components then apply the three-dimensional glasses model to the face by affixing the three-dimensional model to at least one of the two-dimensional coordinates” Poliakov teaches add (apply) the wearable video item identifier (a 3D glasses) to the manipulated video data (the manipulated video of the face data); or
provide a wearable video item identifier layer comprising the wearable video item identifier; and
combine the wearable video item identifier layer [[to]] with the manipulated video data (Poliakov, [0027] “The processing components then apply the three-dimensional glasses model to the face by affixing the three-dimensional model to at least one of the two-dimensional coordinates” Poliakov teaches combine (apply) the wearable video item identifier (a 3D glasses) layer to the manipulated video data (the manipulated video of the face data).
Regarding Claim 34 (Currently amended), non-transitory computer-readable medium according to claim 25, Poliakov does not explicitly teach wherein the wearable video item is:
the wearable video item is a garment image item;
However, Xu teaches a garment image item (Xu, [0020] “FIG. 2. In the live video stream acquisition mode 202. Images of clothing from which the user may select may be shown in a portion of the screen as in screen 216 or the user may navigate to screen 220 to select clothing” Xu the wearable video item is a garment image item, clothing, 220; or
Regarding Claim 35 (Currently amended), non-transitory computer-readable medium according to claim 34, Poliakov does not explicitly teach wherein:
a two-dimensional image item;
However, Xu teaches a two-dimensional image item (Xu, [0020] “FIG. 2. In the live video stream acquisition mode 202. Images of clothing from which the user may select may be shown in a portion of the screen as in screen 216 or the user may navigate to screen 220 to select clothing” Xu a 2D image item, clothing, 220; or
Poliakov and Xu are combinable see rationale in claim 1
Regarding Claim 36 (Currently amended), non-transitory computer-readable medium according to claim 25, wherein the instructions, when executed, further cause the user device to carry out the fitting the wearable video item separately for successive image frames of the input video data.
However, Wu teaches carry out the fitting the wearable video item separately for successive image frames of the input video data (Wu, [0020] “FIG. 2. In the live video stream acquisition mode 202. The indicator 222 (e.g., changing from a red dot to a green dot) on the display 212 prompts the user that they may proceed to the virtual clothes-fitting mode 206 when the user body part is in the correct place with respect to the guide lines 224 as shown in screen 214. Images of clothing from which…the user may navigate to screen 220 to select clothing, screen 220 is superimposed onto the image of the user's upper body in display 218” Wu teaches carry out the fitting the wearable video item separately (cloth selection 220, Fig. 2) for successive image frames of input video data (212, 214, 216, 218, Fig. 2).
Poliakov and Wu are combinable see rationale in claim 1.
Regarding Claim 37 (Currently amended), a combination of Poliakov and Wu discloses non-transitory computer-readable medium according to claim 25, wherein the instructions, when executed, further cause the user device to :
display the manipulated video stream on a display of the user device (Poliakov, [0037] Each of the client devices 110 can comprise a computing device that includes at least a display” and [0067] “in FIG. 6, a three-dimensional model 600 of a pair of glasses is rendered on a user 602” Poliakov teaches display the manipulated video stream on a display of the user device (Fig. 6);
Regarding Claim 38 (Canceled).
Regarding Claim 39 (Canceled).
Regarding Claim 40 (New), a combination of Poliakov and Xu discloses the non-transitory computer-readable medium according to claim 28, wherein:
the first body part item is a head item and the wearable video item is a headwear image item or an eyeglasses image item (Poliakov, [0028] “The three-dimensional model is depicted on the face as though the user were wearing a physical pair of the glasses. As the user moves her face and head, the processing components track the movement and move the three-dimensional glasses model in a corresponding manner” Poliakov teaches the first body part item is a head item and the wearable video item is an eyeglass; or
the first body part item is a torso item and the wearable video item is a shirt image item or a jacket image item.
Regarding Claim 41 (New), a combination of Poliakov and Xu discloses a video communication system (Poliakov, [0006] “FIG.2, a video modification system”), comprising:
a first user device (Poliakov, [0033] “FIG.1, a social messaging system 130” Poliakov teaches a first user device, (a social messaging system 130) comprising:
an imaging device (Poliakov, Fig. 1, [0035] “a video modification system 160 ” Poliakov teaches an imaging device (a video modification system 160);
at least one processor (Poliakov, [0031] “one or more processors of a device to modify an image”; and
a memory storing instructions that, when executed by the at least one processor (Poliakov, [0033] “a set of executable software instructions and the corresponding hardware (e.g., memory and processor) for executing the instructions”,
cause the first user device to:
capture an input video stream generated by the imaging device directly
from the imaging device (Poliakov, [0043] FIG.2, “The video modification system 160 is shown to include an image capture component 210” and [0045] “ In operation 310, the image capture component 210 receives a set of images within a video stream” Poliakov teaches capture an input video stream generated directly by the image captured component (120) of the image device (160);
provide the captured input video stream as input video data to a video
manipulation computer program;
detect a person as a body item in the input video data, the body item
representing the person in the input video data;
fit a wearable video item on the body item in the input video data to
provide manipulated video data;
output the manipulated video data as a manipulated video stream from the
video manipulation computer program;
register the manipulated video stream to an operating system of the first
user device as a virtual imaging device;
receive, by a communication computer program running on the first user
device, the manipulated video stream as an output video stream from the virtual
imaging device (Poliakov, [0004] “telecommunications applications and devices exist to provide two-way video communication between two devices. Telecommunications devices use physical manipulation of the device in order to perform operations, devices are typically operated by manipulating an input device, such as a touchscreen and modifying video streams in real time while the video stream is being captured” and Fig. 2, [0045] “the image capture component 210 directly receives the video stream captured by the image capture device, the image capture component 210 passes all or part of the video stream to one or more other components of the video modification system 160” and Fig. 1, [0036] “the client devices 110 execute functionality of the video modification system 160 to segment images of video streams during capture of the video streams and transmit the video streams (e.g., with image data modified based on the segmented images of the video stream) Poliakov teaches receives by a communication computer program on the first user device (the video modification system 160) the output of manipulation video stream (modified video stream) is transmitted to the client devices 110; and
broadcast the manipulated video stream to at least one second user device (Poliakov [0037] “ Each of the client devices 110 can comprise a computing device that includes at least a display and communication capabilities with the network 104 to access the social messaging system 130” Poliakov teaches broadcast the manipulated video stream (displaying the modifying video stream) on a display of the client device (2nd user device); and
a communication network configured to provide a communication connection between the first user device and the at least one second user device for data exchange (Poliakov, [0004] “telecommunications applications and devices exist to provide two-way video communication between two devices” and Fig. 1, [0036] “the client devices 110 execute functionality of the video modification system 160 to segment images of video streams during capture of the video streams and transmit the video streams (e.g., with image data modified based on the segmented images of the video stream) Poliakov teaches a communication network (network 104, Fig. 1) provides a communication connection between a first user device (system 160) and a second user device (a client 110) for data exchange (modified video stream).
Claim 40 is substantially similar to claim 25 and is rejected based on similar analyses.
Claims 30 is rejected under 35 U.S.C. 103 as being unpatentable by Poliakov et al. (U.S. 2021/0090347 A1) in view of Xu et al. (U.S. 2017/0018024 A1) and further in view of Wiesel et al. (U.S. 2020/0183969 A1).
Regarding Claim 30 (Currently amended), non-transitory computer-readable medium according to claim 25, wherein the instructions, when executed, further cause the user device to
split the input video data into a body item layer and a background layer, the body part layer comprising the detected body item and the background layer comprising image data outside the detected body item, fit the wearable video item on the detected body item in the body item layer, and combine the background layer and the body item layer to provide the manipulated video data having the wearable video item on the body item; or
However, Wiesel teaches split the input video data into a body item layer and a background layer, the body part layer comprising the detected body item and the background layer comprising image data outside the detected body item, fit the wearable video item on the detected body item in the body item layer, and
combine the background layer and the body item layer to provide the manipulated video data having the wearable video item on the body item (Wiesel, [0074] “User extraction module process extracts the image of the user from the background…uses artificial intelligence techniques in order to distinguish between the user's body and clothes from the background…to different user poses and different backgrounds” and [0120] Reference is made to FIG. 10, a product image may be converted into a Product Mask/Template (image mask 1001); and a user's image may be converted into a User Body Mask/Template (image mask 1002)” and [0134] “FIG. 15, The system may utilize a virtual dressing module, to perform the combining of the product image and the user image” Wiesel teaches split (distinguish) the input video image into a body item layer and a background layer (Fig. 10, 1002), detect image data outside the detected body item, e.g., fit wearable video item on the detected body item, (Fig. 10, 1001) and the background layer and the body item layer having the wearable video item on the body item (Fig. 15);
Poliakov, Xu and Wiesel are combinable because they are from the same field of endeavor, system and method for image processing and try to solve similar problems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made for modifying the method of Poliakov to combine with splitting the input video data into a body item layer and a background layer and combining the background layer and the body item layer having the wearable video item on the body item (as taught by Wiesel) in order to split the input video data into a body item layer and a background layer and combine the background layer and the body item layer having the wearable video item on the body item because Wiesel can provide split (distinguish) the input video image into a body item layer and a background layer (Fig. 10, 1002), detect image data outside the detected body item, e.g., fit wearable video item on the detected body item, (Fig. 10, 1001) and the background layer and the body item layer having the wearable video item on the body item (Fig. 15) (Wiesel, [0074], [0120], [[0134]). Doing so, it may provide saving the user precious time and efforts, and enabling the user to receive on-the-spot immediate visual feedback with regard to the look of a clothes article or other product that is virtually dressed on an image of the user (Wiesel, [0070]); or
identify a first body part item in the detected body item, the first body part item representing one body part of the person;
split the input video data into a first body part item layer and a background layer, the first body part item layer comprising the
fit the wearable video item on the
combine the background layer and the first body part item layer to provide the manipulated video data having the wearable video item on the first body part item; or
identify a first body part item in the detected body item, the first body part item representing one body part of the person;
split the input video data into a body item layer and a background layer, the body item layer comprising the detected body item and the background layer comprising image data outside the detected body item,
split the body item layer into a first body part item layer and a second body item layer, the first body item layer comprising the
fit the wearable video item on the
combine the first body part item layer, the second body item layer and the background layer to provide the manipulated video data having the wearable video item on the first body part item.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/KHOA VU/Examiner, Art Unit 2611
/KEE M TUNG/Supervisory Patent Examiner, Art Unit 2611
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