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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-21 and 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The Claims have numerous drafting issues including deficiencies related to the lack of antecedent basis. Please review the claims and revise the claims. The Examiner provides examples of these deficiencies below.
Claim 1 recites the limitation "the head reference points " in line 23. There is insufficient antecedent basis for this limitation in the claim. The Claim has introduced “a point set of one or more initial head reference points” in line 10, and “one or more additional head reference points” in line 14. It is unclear whether "the head reference points" refer to “a point set of one or more initial head reference points” and/or “one or more additional head reference points.” The specification does not provide clear guidance, e.g., Spec. ¶¶ 123, 126-128.
Claim 1 recites the limitation "the correspondingly defined transformation" in lines 19-20. There is insufficient antecedent basis for this limitation in the claim. It is unclear what defined steps correspond to the “correspondingly defined transformation.”
There are other clarity issues associated with Claim 1, and the Examiner makes the following suggestions to show where the issues are and potential amendments to address these issues if supported by the specification.
Claim 1. A method for virtual prediction of a real fit of a real eyeglasses frame with a
acquiring head model data representing a three-dimensional virtual head model of at least a portion of the person's head;
acquiring eyeglasses model data representing a three-dimensional virtual eyeglasses model of at least a portion of the frame geometry of the real eyeglasses frame;
a first placement step in which a point set of a plurality of eyeglasses reference points predefined by the eyeglasses model data on the eyeglasses model is aligned relative to a point set of one or more initial head reference points predefined by the head model data on the head model to define an initial virtual placement of the eyeglasses model on the head model;
an adaptation process with one or more iteratively executed further placement steps following the first placement step, in each of the further placement steps one or more s emanating from one or more of the plurality of eyeglasses reference points and are used to determine at least one parameter value of a parameterized translational and/or rotational transformation of the one or more of the plurality of eyeglasses reference points for adapting the virtual placement of the one or more of the plurality of eyeglasses reference points relative to the head model and the parameterized translational and/or rotational transformation is carried out with respect to the one or more of the plurality of eyeglasses reference points; and
generating and outputting prediction information which represents [[a]]the virtual prediction of the real fit of the real eyeglasses frame on the person's head based on the virtual placement of the one or more of the plurality of eyeglasses reference points relative to the point set of one or more initial head reference points resulting from the parameterized translational and/or rotational transformation of a last placement step of the further placement steps carried out during an iteration.
All other claims inherit features from Claim 1 are also rejected.
Claim 2 recites “the respective current placement step,” “the relative position,” “the current placement step,” and “this position,” and their antecedent base are unclear.
Claim 4 recites “the earpiece,” and its antecedent base are unclear.
Claim 7 recites “a dimensional parameter determination process in which, depending on at least one result of the fit determination process, one or more dimensional parameters of a frame geometry of the eyeglasses frame that is modified compared to the frame geometry represented by the eyeglasses model data are generated as input data for a production of a real eyeglasses frame that is controlled depending on the input data,” and the antecedent base for the underlined “the fit determination process” is unclear. There is grammatical error associated with “is modified compared.”
Claim 8 recites “the respective position,” “the face,” and “the real person,” and their antecedent base are unclear.
Claim 17 recites “the real person,” and its antecedent base are unclear.
Claim 19 recites, “wherein generating and outputting prediction information comprises applying the overall transformation defined by the combination of the individual transformations determined in the preceding placement steps to the entire eyeglasses model to virtually place the eyeglasses model as a whole according to the result of the adaptation process on the head model,” and the antecedent base for these limitations are unclear.
Claim 20 recites, “wherein, in the adaptation process, at least in the case of ray casting, said ray casting is carried out along a virtual direction which is orthogonal to the local surface normal of the surface of the eyeglasses model at the respective eyeglasses reference point from which the ray casting originates,” and the antecedent base for these limitations are unclear.
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 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 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 1-6, 9-12, 18-19, 21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 111461814 A) in view of Zheng et al. (CN 110533775 A) and Wang et al. (Wang-2) (US 20170161551 A1).
Regarding Claim 1, Wang teaches A method for virtual prediction of a real fit of a real eyeglasses frame with a certain frame geometry on a head of a person with individual head geometry (
“The invention belongs to the technical field of computer, especially relates to a test wearing method of virtual glasses, terminal device and storage medium.” Wang sec. Technical Field.
“. . . the method comprising: obtaining the glasses model of the virtual glasses and the three-dimensional human head model of the target user; . . . realizing the complete process of simulating real wearing glasses, improving the wearing effect.” Wang Abstract.
The virtual testing of how real glasses are worn is mapped to virtual prediction of a real fit of a real eyeglasses frame, because the virtual testing is not real testing, and the virtual testing is a prediction of how the real testing would likely turn out.
The certain frame geometry is mapped to the “glasses model” as shown in Wang Fig. 1.
The individual head geometry is mapped to the “three-dimensional human head model.”), wherein the method comprises:
acquiring head model data representing a three-dimensional virtual head model of at least a portion of the person's head (“. . . the method comprising: obtaining . . . the three-dimensional human head model of the target user; . . ..” Wang Abstract.);
acquiring eyeglasses model data representing a three-dimensional virtual eyeglasses model of at least a portion of the frame geometry of the eyeglasses frame (“. . . the method comprising: obtaining the glasses model of the virtual glasses; . . ..” Wang Abstract.
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“FIG. 1 is a schematic diagram of the glasses model provided by one embodiment of the present application . . ..” Wang p. 3.
Fig. 1 shows that the model is a 3D model.);
a first placement step in which a point set of a plurality of eyeglasses reference points predefined by the eyeglasses model data on the eyeglasses model is aligned relative to a point set of one or more initial head reference points predefined by the head model data on the head model to define an initial virtual placement of the eyeglasses model on the head model (
Wang Figs. 6-7:
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“S402, moving the glasses model to the preset position of the three-dimensional human head model; As shown in FIG. 6, . . . according to each characteristic point of the glasses model and the position relation of each characteristic point of the three-dimensional human head model, calculating the affine transformation matrix of one or more local characteristic points (such as nose characteristic points) of the glasses model and one or more local characteristic points (such as nose characteristic points) of the corresponding three-dimensional human head model, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 5.
“. . . taking glasses model as a whole; calculating the affine transformation matrix of the glasses model and the orientation of the three-dimensional human head model (such as the connecting line of two lens centres parallel to the connecting line of two pupil centres) and the glasses model in the front of the eyes of the three-dimensional human head model when the distance is preset, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 6.
The first placement step is mapped to orientating the glasses model as whole to be placed on the 3D human head model.
The eyeglasses reference points are mapped to nose characteristics points and/or lens centers of the glasses model.
The initial head reference points are mapped to nose characteristics points and/or pupil centers of the 3d human head model.
The nose characteristics points and/or lens centers of the glasses model and the nose characteristics points and/or pupil centers of the 3d human head model are aligned through the use of “affine transformation matric.”);
an adaptation process with one or more iteratively executed further placement steps following the first placement step, in each of which
Wang teaches tuning the placement of glasses-model, including “glasses leg,” stating “S403, according to the first characteristic point of the glasses model moving to the preset position and the second characteristic point of the three-dimensional human head model, calculating the glasses leg of the glasses model moving to the preset position; the rotating matrix of the glasses bracket and the glasses frame; the first characteristic point comprises the glasses leg characteristic point of the glasses model moved to the preset position, lens characteristic point and lens characteristic point; the second characteristic point comprises ear characteristic point, nose characteristic point and pupil characteristic point; the rotation matrix comprises a rotation matrix of the characteristic point of the glasses leg to the characteristic point of the ear, a rotation matrix from the characteristic point of the lens support to the characteristic point of the nose and a rotation matrix from the characteristic point of the lens to the characteristic point of the pupil. optionally, taking each preset shaft as the rotating shaft, respectively rotating the glasses leg, mirror support and glasses frame, recording the rotating angle and the rotating direction in the rotating process; converting the rotating angle and the rotating direction into rotating quaternion number; converting the rotating quaternion number into the rotating matrix.S404, according to the rotating matrix, adjusting the glasses leg of the glasses model moving to the preset position; the posture of the mirror support and the mirror frame.” Wang p. 6.
Here, “S403” is following “S402” and “S401,” mapped to the first placement step.
The parameterized . . . rotational transformation is mapped to rotation matrixes of characteristic points, mapped to eyeglasses reference points, of the glasses leg, lens support, and/or lens.
The adapting the virtual placement includes “adjusting the glasses leg of the glasses model moving to the preset position; the posture of the mirror support and the mirror frame.”); and
generating and outputting prediction information (Wang Figs. 6-7:
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) which represents a prediction of an actual fit of the real eyeglasses frame on the person's head (Wang Figs. 6-7; “.. . . . realizing the complete process of simulating real wearing glasses, improving the wearing effect.” Wang Abstract.) based on the virtual placement of the eyeglasses reference points relative to the head reference points (e.g., “the rotation matrix comprises a rotation matrix of the characteristic point of the glasses leg to the characteristic point of the ear,” Wang p. 6.) resulting from the transformation of a last placement step carried out during an iteration (“S404, . . . As shown in FIG. 7, adjusting the posture of each local of the glasses model according to the rotating matrix, so as to realize accurate wearing glasses, and the user can view the wearing effect from any angle, improving the glasses wearing effect.” Wang p. 6.) (
The virtual testing/simulation of how real glasses are worn is mapped to prediction of an actual fit of the real eyeglasses frame, because the virtual testing/simulation is not real testing, and the virtual testing/simulation is a prediction of how the real testing would likely turn out.
Note S404 occurs after S402 and S403 mapped to previous steps.).
Wang does not explicitly disclose one or more additional head reference points on the head model are determined by ray casting based on a respective virtual ray emanating from one or more of the eyeglasses reference points and are used to determine the rotational transformation of the eyeglasses reference points.
Zheng teaches one or more additional head reference points on the head model are determined by ray casting based on a respective virtual ray emanating from one or more of the eyeglasses reference points, wherein (
“. . . ray casting to the nose portion of the face 3D model from the start point, wherein the midpoint of the two cross point light projection is mounted with the nose point.” Zheng p. 9.
After the combination of Wang and Zheng, the start points become the one or more of the eyeglasses reference points, additional head reference points are mapped to points of the face model hit by the rays, which are candidate head reference points that share correspondence with the eyeglasses reference points, e.g., contact points.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zheng’s ray casting with Wang. One of ordinary skill in the art would be motivated to find corresponding points/features of a face model. Zheng discloses, “. . . ray casting to the nose portion of the face 3D model from the start point, wherein the midpoint of the two cross point light projection is mounted with the nose point.” Zheng p. 9.
Wang in view of Zheng does not explicitly disclose the additional head reference points are used to determine the rotational transformation of the eyeglasses reference points.
Wang-2 teaches the additional/candidate head reference points are used to determine the rotational transformation of the eyeglasses reference points (
“Optionally, when the positions of the two key points of the target face cannot directly overlap with the positions of the corresponding key points of the candidate face, the terminal may also first perform operations, such as translation, scaling, or rotation, on the candidate face to make them overlap.” Wang-2 ¶ 76.
Wang already teaches the initial head reference points including nose characteristics points and/or pupil centers and/or ear of the 3d human head model.
the additional/candidate head reference points are rotated and translated to overlap with actual initial head reference points, because the additional/candidate head reference points have the correspondence with the eyeglasses reference points, e.g., contact points, the rotation and translation is how the eyeglasses reference points will match with the initial head reference points.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wang-2’s technique to overlapping reference points with Wang in view of Zheng. One of ordinary skill in the art would be motivated to find overlapping reference points through translation and/or rotation. “Optionally, when the positions of the two key points of the target face cannot directly overlap with the positions of the corresponding key points of the candidate face, the terminal may also first perform operations, such as translation, scaling, or rotation, on the candidate face to make them overlap.” Wang-2 ¶ 76.
Claim 23 includes all limitations of Claim 1. The rejection analyses of Claim 1 based on Wang in view of Zheng and Wang-2 are applied to Claim 23. In addition, Claim 23 recites, “A non-transitory computer-readable storage medium with instructions which, when executed by a processor on a computer, cause it to perform . . .” (Wang pp. 2-3: “the embodiment of the invention claims a computer-readable storage medium, the computer-readable storage medium stores a computer program, the computer program when executed by a processor to realize the first aspect of any one of the virtual glasses of the try-on method.”)
Regarding Claim 2, Wang in view of Zheng and Wang-2 teaches The method according to claim 1, wherein:
determining the transformation for the respective current placement step comprises
adapting at least one parameter of the transformation depending on the relative position of at least one of the eyeglasses reference points to at least one of the additional head reference points determined in the current placement step to achieve an adaptation target defined with respect to this position (
[BRI on the record] The claim has been rejected under 112(b), and for the purposes of compact prosecution, the Examiner is reading the limitation to be “determining the transformation for a current placement step of the further placement steps comprises adapting at least one parameter of the transformation depending on at least one of the plurality of eyeglasses reference points to at least one of the additional head reference points determined in the current placement step to achieve an adaptation target defined.”
[Mapping Analysis]
Wang teaches adapting the placement of glasses-model, including “glasses leg,” stating “S403, according to the first characteristic point of the glasses model moving to the preset position and the second characteristic point of the three-dimensional human head model, . . . the rotation matrix comprises a rotation matrix of the characteristic point of the glasses leg to the characteristic point of the ear, a rotation matrix from the characteristic point of the lens support to the characteristic point of the nose and a rotation matrix from the characteristic point of the lens to the characteristic point of the pupil. optionally, taking each preset shaft as the rotating shaft, respectively rotating the glasses leg, mirror support and glasses frame, recording the rotating angle and the rotating direction in the rotating process; converting the rotating angle and the rotating direction into rotating quaternion number; converting the rotating quaternion number into the rotating matrix.S404, according to the rotating matrix, adjusting the glasses leg of the glasses model moving to the preset position; the posture of the mirror support and the mirror frame.” Wang p. 6.
the transformation is mapped to transformation that includes “rotation matrix.”
the eyeglasses reference points are mapped to the characteristic point of the glasses, including the glasses legs.
“. . . ray casting to the nose portion of the face 3D model from the start point, wherein the midpoint of the two cross point light projection is mounted with the nose point.” Zheng p. 9.
After the combination of Wang and Zheng, the start points become the one or more of the eyeglasses reference points become the start points, additional head reference points are mapped to points of the face model hit by the rays, which are candidate head reference points that share correspondence with the eyeglasses reference points, e.g., contact points.
“Optionally, when the positions of the two key points of the target face cannot directly overlap with the positions of the corresponding key points of the candidate face, the terminal may also first perform operations, such as translation, scaling, or rotation, on the candidate face to make them overlap.” Wang-2 ¶ 76.
Wang already teaches the initial head reference points including nose characteristics points and/or pupil centers and/or ear of the 3d human head model.
the additional/candidate head reference points are rotated and translated to overlap with actual initial head reference points, because the additional/candidate head reference points have the correspondence with the eyeglasses reference points, e.g., contact points, the rotation and translation is how the eyeglasses reference points will match with the initial head reference points.
The adaptation target is mapped the glasses after transformation.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zheng’s ray casting with Wang. One of ordinary skill in the art would be motivated to find corresponding points/features of a face model. Zheng discloses, ““. . . ray casting to the nose portion of the face 3D model from the start point, wherein the midpoint of the two cross point light projection is mounted with the nose point.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wang-2’s technique to overlapping reference points with Wang in view of Zheng. One of ordinary skill in the art would be motivated to find overlapping reference points through translation and/or rotation. “Optionally, when the positions of the two key points of the target face cannot directly overlap with the positions of the corresponding key points of the candidate face, the terminal may also first perform operations, such as translation, scaling, or rotation, on the candidate face to make them overlap.” Wang-2 ¶ 76.
Regarding Claim 3, Wang in view of Zheng and Wang-2 teaches The method according to claim 2, wherein the first placement step or at least one of the placement steps of the adaptation process further comprises:
determining at least one additional head reference point on the head model for each side of the head by ray casting using a virtual ray emanating from a respective eyeglasses reference point on an earpiece of the eyeglasses model corresponding to the same side of the head (
“. . . ray casting to the nose portion of the face 3D model from the start point, wherein the midpoint of the two cross point light projection is mounted with the nose point.” Zheng p. 9.
After the combination of Wang and Zheng, the start points become the already mapped one or more of the eyeglasses reference points become the start points, additional head reference points are mapped to points of the face model hit by the rays, which are candidate head reference points that share correspondence with the eyeglasses reference points, e.g., contact points.
Wang teaches earpiece of the eyeglasses, mapped to “glasses legs,” stating “the vertical surface is the yz plane of the lens leg feature point, such as the left (or right) glasses leg feature point and the upper and lower two points of the left (or right) glasses leg of the rotating shaft of the vertical surface. when the left spectacle leg feature point and the left ear feature point are on the same vertical surface; when the right spectacle leg feature point and the right ear feature point are on the same vertical surface, the spectacle is in the best opening state; it can be just hung on the ear.” Wang p. 8.
points of the face model hit by the rays and start points of the glasses legs are at the same side of the head.); and
adapting at least one parameter of the transformation depending on the respective relative position of each of said eyeglasses reference points to the additional head reference point determined from it to achieve an alignment of the eyeglasses model that is equally spaced with respect to the left and right sides of the head model as an adaptation target (
“Optionally, when the positions of the two key points of the target face cannot directly overlap with the positions of the corresponding key points of the candidate face, the terminal may also first perform operations, such as translation, scaling, or rotation, on the candidate face to make them overlap.” Wang-2 ¶ 76.
Wang already teaches the initial head reference points including nose characteristics points and/or pupil centers and/or ear of the 3d human head model.
the additional/candidate head reference points are rotated and translated to overlap with actual initial head reference points, because the additional/candidate head reference points have the correspondence with the eyeglasses reference points, e.g., contact points, the rotation and translation is how the eyeglasses reference points will match with the initial head reference points.
The adaptation target is mapped the glasses after transformation.
Here, eyeglasses model shown Wang Figs. 6-7:
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is equally spaced with respect to the left and right sides).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zheng’s ray casting with Wang. One of ordinary skill in the art would be motivated to find corresponding points/features of a face model. Zheng discloses, ““. . . ray casting to the nose portion of the face 3D model from the start point, wherein the midpoint of the two cross point light projection is mounted with the nose point.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wang-2’s technique to overlapping reference points with Wang in view of Zheng. One of ordinary skill in the art would be motivated to find overlapping reference points through translation and/or rotation. “Optionally, when the positions of the two key points of the target face cannot directly overlap with the positions of the corresponding key points of the candidate face, the terminal may also first perform operations, such as translation, scaling, or rotation, on the candidate face to make them overlap.” Wang-2 ¶ 76.
Regarding Claim 4, Wang in view of Zheng and Wang-2 teaches The method according to claim 1, wherein at least one of the placement steps of the adaptation process for determining the transformation for this placement step comprises one or more of the following sub-processes (The Examiner is reading it to require at least one sub-process, and mapping for one of the following is sufficient.), in the following order:
(a) adapting at least one parameter of the transformation depending on the relative position of a head reference point on an ear of the head model to a corresponding eyeglasses reference point of the eyeglasses model, to achieve, as an adaptation target, a placement of the eyeglasses model on the head model in which the earpiece rests on the ear root of the ear (
Wang teaches adapting the placement of glasses-model, including “glasses leg,” stating “S403, according to the first characteristic point of the glasses model moving to the preset position and the second characteristic point of the three-dimensional human head model, . . . the rotation matrix comprises a rotation matrix of the characteristic point of the glasses leg to the characteristic point of the ear, a rotation matrix from the characteristic point of the lens support to the characteristic point of the nose and a rotation matrix from the characteristic point of the lens to the characteristic point of the pupil. optionally, taking each preset shaft as the rotating shaft, respectively rotating the glasses leg, mirror support and glasses frame, recording the rotating angle and the rotating direction in the rotating process; converting the rotating angle and the rotating direction into rotating quaternion number; converting the rotating quaternion number into the rotating matrix.S404, according to the rotating matrix, adjusting the glasses leg of the glasses model moving to the preset position; the posture of the mirror support and the mirror frame.” Wang p. 6.
the transformation is mapped to transformation that includes “rotation matrix.”
the eyeglasses reference points are mapped to the characteristic point of the glasses, including the glasses legs.
Wang teaches the earpiece, mapped to “glasses legs,” stating “the vertical surface is the yz plane of the lens leg feature point, such as the left (or right) glasses leg feature point and the upper and lower two points of the left (or right) glasses leg of the rotating shaft of the vertical surface. when the left spectacle leg feature point and the left ear feature point are on the same vertical surface; when the right spectacle leg feature point and the right ear feature point are on the same vertical surface, the spectacle is in the best opening state; it can be just hung on the ear.” Wang p. 8.
When the glasses are hung on the ear, the glasses rests on the ear root of the ear.
“. . . ray casting to the nose portion of the face 3D model from the start point, wherein the midpoint of the two cross point light projection is mounted with the nose point.” Zheng p. 9.
After the combination of Wang and Zheng, the start points become the one or more of the eyeglasses reference points become the start points, additional head reference points are mapped to points of the face model hit by the rays, which are candidate head reference points that share correspondence with the eyeglasses reference points, e.g., contact points.
“Optionally, when the positions of the two key points of the target face cannot directly overlap with the positions of the corresponding key points of the candidate face, the terminal may also first perform operations, such as translation, scaling, or rotation, on the candidate face to make them overlap.” Wang-2 ¶ 76.
Wang already teaches the head reference points including nose characteristics points and/or pupil centers and/or ear of the 3d human head model.
the additional/candidate head reference points are rotated and translated to overlap with actual head reference points, because the additional/candidate head reference points have the correspondence with the eyeglasses reference points, e.g., contact points, the rotation and translation is how the eyeglasses reference points will match with the head reference points.
The adaptation target is mapped the glasses after transformation.);
(b) determining at least one additional head reference point on the nose of the head model by ray casting in a direction that is at least partially parallel to the anatomical horizontal axis of the head model using a virtual ray emanating from a respective eyeglasses reference point on a nose area of the eyeglasses model configured to at least partially enclose the nose wings of a nose of the head model; and adapting at least one parameter of the transformation depending on the respective relative position of each of these eyeglasses reference points to the additional head reference point determined as emanating from it to achieve, as an adaptation target, a centering of the nose area of the eyeglasses model on the head model with respect to the direction running parallel to the anatomical horizontal axis;
(c) determining at least one additional head reference point on the nose of the head model by ray casting in a direction that is at least partially parallel to the anatomical horizontal axis of the head model using a virtual ray emanating from a respective eyeglasses reference point on a nose area of the eyeglasses model configured to at least partially enclose the nose wings of a nose of the head model; and adapting at least one parameter of the transformation depending on the respective relative position of each of these eyeglasses reference points to the additional head reference point determined from it, to achieve, as an adaptation target, an at least point-by-point support of the nose area of the eyeglasses model on the nose wings of the nose of the head model;
(d) checking whether, according to the current placement of the eyeglasses model on the head model, there is a collision of the eyeglasses model with a cheek area of the head model; and if this is the case, adjusting at least one parameter of the transformation to achieve the adjustment objective of eliminating the collision with a cheek area;
(e) checking whether, according to the current placement of the eyeglasses model on the head model, there is a collision of the eyeglasses model with a forehead or nose bridge area of the head model; and if this is the case, adjusting at least one parameter of the transformation to achieve the adjustment objective of eliminating the collision with the forehead or nose bridge area.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zheng’s ray casting with Wang. One of ordinary skill in the art would be motivated to find corresponding points/features of a face model. Zheng discloses, “. . . ray casting to the nose portion of the face 3D model from the start point, wherein the midpoint of the two cross point light projection is mounted with the nose point.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wang-2’s technique to overlapping reference points with Wang in view of Zheng. One of ordinary skill in the art would be motivated to find overlapping reference points through translation and/or rotation. “Optionally, when the positions of the two key points of the target face cannot directly overlap with the positions of the corresponding key points of the candidate face, the terminal may also first perform operations, such as translation, scaling, or rotation, on the candidate face to make them overlap.” Wang-2 ¶ 76.
Regarding Claim 5, Wang in view of Zheng and Wang-2 teaches The method according to claim 1, further comprising
a translation process performed between the first placement step and the adaptation process, wherein the eyeglasses reference points are subjected to a translational transformation in a direction along or parallel to a nose bridge line of the head model extending between a head reference point located at the root of the nose of the head model and a head reference point located on the nose bridge of the head model (
Wang teaches resting glasses on the nose, mapped to the first placement step, stating “S402, moving the glasses model to the preset position of the three-dimensional human head model; As shown in FIG. 6, . . . according to each characteristic point of the glasses model and the position relation of each characteristic point of the three-dimensional human head model, calculating the affine transformation matrix of one or more local characteristic points (such as nose characteristic points) of the glasses model and one or more local characteristic points (such as nose characteristic points) of the corresponding three-dimensional human head model, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 5.
Wang further teaches adjusting positions of the glasses based on pupil centers, stating “. . . taking glasses model as a whole; calculating the affine transformation matrix of the glasses model and the orientation of the three-dimensional human head model (such as the connecting line of two lens centres parallel to the connecting line of two pupil centres) and the glasses model in the front of the eyes of the three-dimensional human head model when the distance is preset, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 6.
When the glasses resting on the nose are further adjusted based on pupil centers as shown by Wang , the glasses moves along the direction of the nose bridge line as shown Zheng fig. 4:
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As it is known, a nose bridge extends between the root of the nose and another point on the nose bridge.
The adaptation process is mapped to Wang S403, and therefore, the translation process (further adjustment based on pupil centers when glasses resting on the nose), is performed between the first placement step and the adaptation process).
Regarding Claim 6, Wang in view of Zheng and Wang-2 teaches The method according to claim 1, further comprising a fit determination process following the adaptation process, which comprises at least one of the following sub-processes (mapping for one of the following sub-process is sufficient):
determining, based on the placement of the eyeglasses model on the head model resulting from the adaptation process and for at least one earpiece of the eyeglasses model, a respective length of an earpiece portion extending between a front part of the eyeglasses model and the support point of the earpiece at an ear root point on the head model (
Wang teaches adapting the placement of glasses-model, including “glasses leg,” stating “S403, according to the first characteristic point of the glasses model moving to the preset position and the second characteristic point of the three-dimensional human head model, . . . the rotation matrix comprises a rotation matrix of the characteristic point of the glasses leg to the characteristic point of the ear, a rotation matrix from the characteristic point of the lens support to the characteristic point of the nose and a rotation matrix from the characteristic point of the lens to the characteristic point of the pupil. optionally, taking each preset shaft as the rotating shaft, respectively rotating the glasses leg, mirror support and glasses frame, recording the rotating angle and the rotating direction in the rotating process; converting the rotating angle and the rotating direction into rotating quaternion number; converting the rotating quaternion number into the rotating matrix.S404, according to the rotating matrix, adjusting the glasses leg of the glasses model moving to the preset position; the posture of the mirror support and the mirror frame.” Wang p. 6.
Wang teaches the earpiece, mapped to “glasses legs,” stating “the vertical surface is the yz plane of the lens leg feature point, such as the left (or right) glasses leg feature point and the upper and lower two points of the left (or right) glasses leg of the rotating shaft of the vertical surface. when the left spectacle leg feature point and the left ear feature point are on the same vertical surface; when the right spectacle leg feature point and the right ear feature point are on the same vertical surface, the spectacle is in the best opening state; it can be just hung on the ear.” Wang p. 8.
When the glasses are hung on the ear, the glasses rests at an ear root.
The glasses leg has respective length of extending between a front part of the eyeglasses and the support point of the glasses leg.
The length determination is made to visually represent the following Wang Figs. 6-7:
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estimating a contact pressure of an earpiece of the real eyeglasses frame on the real head of the person corresponding to the earpiece of the head model by calculating a virtual contact pressure of the earpiece of the eyeglasses model on the head model as a function of the determined length of the earpiece portion and known elasticity properties of the real earpiece;
determining, on the basis of the placement of the eyeglasses model on the head model resulting from the adaptation process and for at least one partial area of the eyeglasses model having multiple eyeglasses reference points, which proportion of these eyeglasses reference points rests on the head model (
Wang teaches placement of the eyeglasses model, stating “the vertical surface is the yz plane of the lens leg feature point, such as the left (or right) glasses leg feature point and the upper and lower two points of the left (or right) glasses leg of the rotating shaft of the vertical surface. when the left spectacle leg feature point and the left ear feature point are on the same vertical surface; when the right spectacle leg feature point and the right ear feature point are on the same vertical surface, the spectacle is in the best opening state; it can be just hung on the ear.” Wang p. 8.
The eyeglasses reference points are mapped to glasses leg feature points. If the disclosed conditions are satisfied, the eyeglasses reference points will rest on the eye, part of the head model. Zheng’s ray casting would help such determination as well.);
determining, on the basis of the placement of the eyeglasses model on the head model resulting from the adaptation process, for at least one selected eyeglasses reference point, its respective relative spatial position with respect to at least one point which corresponds to a head reference point or is determined depending on the respective positions of multiple head reference points;
estimating the quality of a fit of the real eyeglasses frame on the real head of the person as a function of the estimated contact pressure, the determined proportion of the eyeglasses reference points of the partial area resting on the head model, and/or one or more of the determined relative spatial positions; determining an evaluation of the fit based on a comparison of the estimated quality of fit with corresponding reference data; and outputting the determined quality and/or evaluation of the fit as part of the prediction information.
Regarding Claim 9, Wang in view of Zheng and Wang-2 teaches The method according to claim 1, wherein at least one of the initial head reference points on the head model is defined such that it lies on one of the following body regions of the head model: eye, eyebrow, nose, temporal bone, ear (
“S402, moving the glasses model to the preset position of the three-dimensional human head model; As shown in FIG. 6, . . . according to each characteristic point of the glasses model and the position relation of each characteristic point of the three-dimensional human head model, calculating the affine transformation matrix of one or more local characteristic points (such as nose characteristic points) of the glasses model and one or more local characteristic points (such as nose characteristic points) of the corresponding three-dimensional human head model, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 5.
“. . . taking glasses model as a whole; calculating the affine transformation matrix of the glasses model and the orientation of the three-dimensional human head model (such as the connecting line of two lens centres parallel to the connecting line of two pupil centres) and the glasses model in the front of the eyes of the three-dimensional human head model when the distance is preset, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 6.
The initial head reference points are mapped to nose characteristics points and/or pupil centers of the 3d human head model.).
Regarding Claim 10, Wang in view of Zheng and Wang-2 teaches The method according to claim 1,
wherein the respective position of at least one of the initial eyeglasses reference points is predefined such that the respective initial eyeglasses reference point is located at one of the following regions of the eyeglasses model: an edge on the lower or upper frame of a front part, a nose area, a front cheek area, an earpiece (
“S402, moving the glasses model to the preset position of the three-dimensional human head model; As shown in FIG. 6, . . . according to each characteristic point of the glasses model and the position relation of each characteristic point of the three-dimensional human head model, calculating the affine transformation matrix of one or more local characteristic points (such as nose characteristic points) of the glasses model and one or more local characteristic points (such as nose characteristic points) of the corresponding three-dimensional human head model, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 5.
The eyeglasses reference points are mapped to nose characteristics points and/or lens centers of the glasses model.).
Regarding Claim 11, Wang in view of Zheng and Wang-2 teaches The method according to claim 10,
wherein a set of at least three eyeglasses reference points is or will be predefined in at least one of the regions of the eyeglasses model such that at least one of the eyeglasses reference points of the set has the same distance with respect to two of the other eyeglasses reference points of the set (
Wang Fig. 1
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“FIG. 1 shows a schematic diagram of a glasses model provided by the embodiment of the invention, the glasses model comprises a glasses leg 11, a lens 12, a lens 13 and a lens frame 14. wherein the glasses leg 11 comprises a glasses leg characteristic point 111, the glasses leg characteristic point 111 is a point cloud located at the bending part of the glasses leg, comprising a left glasses leg characteristic point and a right glasses leg characteristic point; the mirror support 12 comprises a mirror support feature point, the mirror support feature point comprises a left mirror support feature point and a right mirror support feature point; lens 13 comprises a lens characteristic point, the lens characteristic point can be the point cloud in the centre of the lens; The mirror frame 14 includes a frame feature point.” Wang p. 4.
“Then, as the light projection to the nose portion of the face 3D model, the middle point of two crossing points light projection with the nose is the mounting point, as shown in FIG. 4, FIG. 4 is according to an exemplary embodiment generates a mounting point of the diagram in FIG. 4 shows the midpoint of two crossing points.” Zheng p. 9.
Zheng fig. 4:
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Zheng’s middle point, mounting point for and on glasses, has the same distance to a glasses leg 11, a lens 12, a lens 13 and a lens frame 14 of left and right sides.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zheng’s middle point with Wang. One of ordinary skill in the art would be motivated to mount the glasses on the nose properly, and the weight of the glasses would be balanced.
Regarding Claim 12, Wang in view of Zheng and Wang-2 teaches The method according to claim 11, wherein at least six respective eyeglasses reference points are predefined on at least one of the edges of the eyeglasses model (
Wang Fig. 1
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“FIG. 1 shows a schematic diagram of a glasses model provided by the embodiment of the invention, the glasses model comprises a glasses leg 11, a lens 12, a lens 13 and a lens frame 14. wherein the glasses leg 11 comprises a glasses leg characteristic point 111, the glasses leg characteristic point 111 is a point cloud located at the bending part of the glasses leg, comprising a left glasses leg characteristic point and a right glasses leg characteristic point; the mirror support 12 comprises a mirror support feature point, the mirror support feature point comprises a left mirror support feature point and a right mirror support feature point; lens 13 comprises a lens characteristic point, the lens characteristic point can be the point cloud in the centre of the lens; The mirror frame 14 includes a frame feature point.” Wang p. 4.
Fig. 1 11, 111, 14, and 12 are respective eyeglasses reference points, and each reference point, e.g., right side, has a corresponding point on the other side, e.g., left side. There are more than six in total.).
Regarding Claim 18, Wang in view of Zheng and Wang-2 teaches The method according to claim 1,
wherein, in the first placement step, an eyeglasses reference point located on a nose bridge of the eyeglasses model is made to coincide with a head reference point located at the root of the nose of the head model and/or at least one eyeglasses reference point located on an earpiece of the eyeglasses model is made to coincide with a head reference point located at a temporal bone of the head model (
Wang Figs. 6-7:
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Wang teaches placing glasses model on face model’s nose bridge, stating “S402, moving the glasses model to the preset position of the three-dimensional human head model; As shown in FIG. 6, . . . according to each characteristic point of the glasses model and the position relation of each characteristic point of the three-dimensional human head model, calculating the affine transformation matrix of one or more local characteristic points (such as nose characteristic points) of the glasses model and one or more local characteristic points (such as nose characteristic points) of the corresponding three-dimensional human head model, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 5.
“Then, as the light projection to the nose portion of the face 3D model, the middle point of two crossing points light projection with the nose is the mounting point, as shown in FIG. 4, FIG. 4 is according to an exemplary embodiment generates a mounting point of the diagram in FIG. 4 shows the midpoint of two crossing points.” Zheng p. 9.
Zheng fig. 4:
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Wang teaches adjusting the glasses model is placement based on center of pupils, stating “. . . taking glasses model as a whole; calculating the affine transformation matrix of the glasses model and the orientation of the three-dimensional human head model (such as the connecting line of two lens centres parallel to the connecting line of two pupil centres) and the glasses model in the front of the eyes of the three-dimensional human head model when the distance is preset, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 6.
After adjustment to the placement of the glasses model after the glasses model has been placed on the nose, the nose bridge of the eyeglasses model will coincide with the root of the nose when the glasses are aligned to the pupils as shown fig. Wang Fig. 7
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. This is determined by the inherent anatomy of a person.).
Regarding Claim 19, Wang in view of Zheng and Wang-2 teaches The method according to claim 1,
wherein generating and outputting prediction information comprises applying the overall transformation defined by the combination of the individual transformations determined in the preceding placement steps to the entire eyeglasses model to virtually place the eyeglasses model as a whole according to the result of the adaptation process on the head model (
Claim 19 has been rejected under 112(f). Claim 19 recites, “wherein generating and outputting prediction information comprises applying the overall transformation defined by the combination of the individual transformations determined in the preceding placement steps to the entire eyeglasses model to virtually place the eyeglasses model as a whole according to the result of the adaptation process on the head model,” and the antecedent base for these limitations are unclear.”
For the purposes of art rejection, the Examiner is reading the limitation as “wherein generating and outputting prediction information comprises applying [[the]]an overall transformation defined by [[the]] a combination of [[the]] individual transformations of preceding placement steps to the
Wang teaches placing glasses model on face model’s nose bridge, stating “S402, moving the glasses model to the preset position of the three-dimensional human head model; As shown in FIG. 6, . . . according to each characteristic point of the glasses model and the position relation of each characteristic point of the three-dimensional human head model, calculating the affine transformation matrix of one or more local characteristic points (such as nose characteristic points) of the glasses model and one or more local characteristic points (such as nose characteristic points) of the corresponding three-dimensional human head model, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 5.
“optionally, taking glasses model as a whole; calculating the affine transformation matrix of the glasses model and the orientation of the three-dimensional human head model (such as the connecting line of two lens centres parallel to the connecting line of two pupil centres) and the glasses model in the front of the eyes of the three-dimensional human head model when the distance is preset, moving the glasses model to the preset position of the three-dimensional human head model according to the affine transformation matrix.” Wang p. 6.
The overall transformation is the combination of abovementioned two affine transformation matrix.).
Regarding Claim 21, Wang in view of Zheng and Wang-2 teaches The method according to claim 1, wherein N≥4 applies to the number N of further placement steps iteratively carried out in the adaptation process (
Wang teaches tuning the placement of glasses-model, including “glasses leg,” stating “S403, according to the first characteristic point of the glasses model moving to the preset position and the second characteristic point of the three-dimensional human head model, calculating the glasses leg of the glasses model moving to the preset position; the rotating matrix of the glasses bracket and the glasses frame; the first characteristic point comprises the glasses leg characteristic point of the glasses model moved to the preset position, lens characteristic point and lens characteristic point; the second characteristic point comprises ear characteristic point, nose characteristic point and pupil characteristic point; the rotation matrix comprises a rotation matrix of the characteristic point of the glasses leg to the characteristic point of the ear, a rotation matrix from the characteristic point of the lens support to the characteristic point of the nose and a rotation matrix from the characteristic point of the lens to the characteristic point of the pupil. optionally, taking each preset shaft as the rotating shaft, respectively rotating the glasses leg, mirror support and glasses frame, recording the rotating angle and the rotating direction in the rotating process; converting the rotating angle and the rotating direction into rotating quaternion number; converting the rotating quaternion number into the rotating matrix.S404, according to the rotating matrix, adjusting the glasses leg of the glasses model moving to the preset position; the posture of the mirror support and the mirror frame.” Wang p. 6.
The iterations includes:
the characteristic point of the glasses leg (left and right); and
the characteristic point of the lens support (left and right).
Therefore, there are at least N=4 iterations.).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Zheng and Wang-2 as applied to Claim 1, in further view of Cai et al. (WO 2020172782 A1).
Regarding Claim 8, Wang in view of Zheng and Wang-2 teaches The method according to claim 1,
wherein the respective position of at least one of the initial head reference points is defined such that the respective initial head reference point is located at a selected body region of the head model
The claim has been rejected under 112(b). For the purposes of art rejection, the Examiner is reading the limitation to be: “wherein at least one of the point set of one or more the initial head reference points are located at a selected body region of the head model, which was previously selected by algorithmic facial recognition on the basis of the head model data or at least an image of the person’s face acquired by an image sensor.
Wang Fig. 2:
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).
Wang in view of Zheng and Wang-2 does not explicitly disclose which was previously selected by algorithmic facial recognition on the basis of the head model data or at least an image of the face of the real person acquired by an image sensor.
Cai teaches which was previously selected by algorithmic facial recognition on the basis of the head model data or at least an image of the face of the real person acquired by an image sensor (“Specifically, in step S3, the 3D image captured by the 3D camera in real time has only the patient’s facial information and no head information. Therefore, the head model built in S2 must be registered with the real-time facial data. . . . The position registration method is to first mark the facial feature points (brow center, earlobe, corner of the eye, nose tip, corner of the mouth and chin) for registration in the head model, and then in the real-time image Automatically recognize facial feature points, calculate the conversion relationship between the real-time image and the head model through feature point matching, and calculate the position of the head model in space, . . ..” Cai pp. 8-9.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Cai’s facial recognition with Wang in view of Zheng and Wang-2. One of ordinary skill in the art would be motivated to automate facial recognition process through a computing algorithm and it could provide more convenience to a user.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Zheng and Wang-2 as applied to Claim 1, in further view of DeCoro et al. (US 20090109219 A1).
Regarding Claim 13, Wang in view of Zheng and Wang-2 teaches The method according to claim 1, wherein the head model is acquired such that it is represented in the head model data “. . . the method comprising: obtaining the glasses model of the virtual glasses and the three-dimensional human head model of the target user; . . . realizing the complete process of simulating real wearing glasses, improving the wearing effect.” Wang Abstract.).
However, Wang in view of Zheng and Wang-2 does not explicitly disclose the head model data as a polygon mesh or set of polygon meshes and the total number of nodes defined in this or these polygon meshes is at least 150,000.
DeCoro teaches the head model data as a polygon mesh or set of polygon meshes and the total number of nodes defined in this or these polygon meshes is at least 150,000 (
DeCoro teaches “In the example shown, a high-resolution three-dimensional object 24 (i.e., the ‘head of David’) appears on the display screen 14. Objects in 3D graphics are usually represented by a web or mesh of polygons. Each polygon has various properties, such as color and texture. In this example, the object 24 is comprised of approximately 2 million faces (i.e., the exposed ‘face’ side of a polygon).” DeCoro ¶ 28.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine DeCoro’s face mesh model with Wang in view of Zheng and Wang-2. One of ordinary skill in the art would be motivated to present a model with sufficient details and accuracies. “In general, more polygons are used to represent the detail of an object when the camera is close to the object than when the camera is far away; there is little need to compute every detail of a distant object. In addition, using fewer, larger polygons improves rendering efficiency (i.e., reduces lag).” DeCoro ¶ 29.
Regarding Claim 14, Wang in view of Zheng, Wang-2, and DeCoro teaches The method according to claim 13,
wherein the number of initial head reference points is selected to be less than the total number of nodes of the polygon mesh(es) of the head model (
Wang Fig. 2:
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, and the number of initial head reference points is significantly smaller than the millions polygons of the face model as taught by DeCoro.).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Zheng and Wang-2 as applied to Claim 1, in further view of Hidd et al. (WO 2014009568 A1).
Regarding Claim 15, Wang in view of Zheng and Wang-2 teaches The method according to claim 1.
However, Wang in view of Zheng and Wang-2 does not explicitly disclose wherein the eyeglasses model is acquired such that it is represented in the eyeglasses model data as a polygon mesh or set of polygon meshes and the total number of nodes defined in this or these polygon meshes is at least 50,000.
Hidd teaches wherein the eyeglasses model is acquired such that it is represented in the eyeglasses model data as a polygon mesh or set of polygon meshes and the total number of nodes defined in this or these polygon meshes is at least 50,000 (
“Thus, the simplification component 152 makes it possible to obtain a low-resolution 3D mesh comprising low-resolution 3D mesh data in a step 200. The low-resolution 3D mesh obtained comprises a number of polygons suitable for the capacity of the random access memory 131 of the graphics card 130. The low-resolution 3D mesh contains, for example, one million polygons. The user can adapt the level of resolution of the application of the simplification component 152 in order to obtain a number of polygons of the low-resolution 3D mesh compatible with the storage capacities of the random access memory component 120 of his personal computer 100.” Hidd p. 9.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hidd’s mesh representation with Wang in view of Zheng and Wang-2. One of ordinary skill in the art would be motivated to present a model with sufficient details. “The user can adapt the level of resolution of the application of the simplification component 152 in order to obtain a number of polygons of the low-resolution 3D mesh compatible with the storage capacities of the random access memory component 120 of his personal computer 100.” Hidd p. 9.
Regarding Claim 16, Wang in view of Zheng, Wang-2, and Hidd teaches The method according to claim 15, wherein:
the number of eyeglasses reference points is chosen to be less than the total number of nodes of the polygon mesh(es) of the eyeglasses model (
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“FIG. 1 shows a schematic diagram of a glasses model provided by the embodiment of the invention, the glasses model comprises a glasses leg 11, a lens 12, a lens 13 and a lens frame 14. wherein the glasses leg 11 comprises a glasses leg characteristic point 111, the glasses leg characteristic point 111 is a point cloud located at the bending part of the glasses leg, comprising a left glasses leg characteristic point and a right glasses leg characteristic point; the mirror support 12 comprises a mirror support feature point, the mirror support feature point comprises a left mirror support feature point and a right mirror support feature point; lens 13 comprises a lens characteristic point, the lens characteristic point can be the point cloud in the centre of the lens; The mirror frame 14 includes a frame feature point.” Wang p. 4.
Fig. 1 11, 111, 14, and 12 are respective eyeglasses reference points, and each reference point, e.g., right side, has a corresponding point on the other side, e.g., left side. There are more than six in total, but significantly smaller than the total number of meshes for a model.).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Zheng and Wang-2 as applied to Claim 1, in further view of Kim et al. (US 20160070952 A1).
Regarding Claim 17, Wang in view of Zheng and Wang-2 teaches The method according to claim 1.
However, Wang in view of Zheng and Wang-2 does not explicitly discloses wherein texture information represented in the head model data, which represents a texture of the head of the real person, is used to determine the initial head reference points.
Kim teaches wherein texture information represented in the head model data, which represents a texture of the head of the real person, is used to determine the initial head reference points (“The adjusting the 3D facial model may include adjusting the stored 3D shape model based on the facial feature point detected from the 2D input image, and adjusting the 3D texture model based on parameter information of the adjusted 3D shape model.” Kim ¶ 10. The texture is mapped to the 2D input image.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kim’s with Wang in view of Zheng and Wang-2. One of ordinary skill in the art would be motivated to improve accuracy of 3D data detection and/or reduce cost. 2D images are often low cost data compared 3D data acquired by expensive sensors.
Allowable Subject Matter
Claims 7 and 20 will be allowed, if Applicant overcomes 112(b) rejections on the record and these claims are rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an Examiner’s statement for indicating allowable subject matter.
The prior art, including Wang (CN 111461814 A) in view of Zheng et al. (CN 110533775 A) and Wang-2 (US 20090290809 A1), taken singly or in combination do not teach or suggest:
Claim 7’s:
a dimensional parameter determination process in which, depending on at least one result of the fit determination process, one or more dimensional parameters of a frame geometry of the eyeglasses frame that is modified compared to the frame geometry represented by the eyeglasses model data are generated as input data for a production of a real eyeglasses frame that is controlled depending on the input data.
Claim 20’s:
wherein, in the adaptation process, at least in the case of ray casting, said ray casting is carried out along a virtual direction which is orthogonal to the local surface normal of the surface of the eyeglasses model at the respective eyeglasses reference point from which the ray casting originates.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Szabo et al. (US 20220148262 A1)
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/ZHENGXI LIU/Primary Examiner, Art Unit 2611