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 Amendment
Claims 1-13 are pending. Claims 1-7 and 9-10 have been amended. Claims 11-13 have been added.
Response to Arguments
Applicant’s arguments with respect to claims 1-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over TSUNEHIRO et al. (JP5194096B2) in view of Woo (KR 20210026172 A).
Regarding claim 1, TSUNEHIRO et al. a virtual try-on system comprising at least one memory configured to store instructions; and at least one processor configured to execute the instructions (TSUNEHIRO et al. discloses a fitting room terminal including a CPU, ROM, RAM, flash memory, and program instructions. See Description of Embodiments, FIG. 3, and the discussion of the CPU 151, ROM 152, RAM 153, and flash memory 154) to:
acquire a person image of a person performing virtual trying-on (the fitting room terminal includes a camera 104 that captures a moving image or still image of a customer who enters the fitting room and tries on clothing. See FIG. 2, FIG. 3, and the associated description);
receive designation of an article (the customer selects clothing to try on using the handy terminal, scanner, and product ID from the tag/barcode. See FIGS. 4–5, FIG. 10, and the discussion of selecting clothing data to try on);
receive, from among a plurality of options for virtually depicting the article on the person, a first option for virtually depicting the article on the person, the first option associated with an attribute related to the article (TSUNEHIRO et al. discloses selecting clothing image layers and trying on different clothing items, but it does not clearly disclose multiple virtual depiction options corresponding to garment attributes in the claimed sense.);
obtain an article image corresponding to the first option (the image file stores clothing images associated with product IDs, and the system reads the corresponding clothing image layer(s). See FIG. 7, FIG. 8, FIGS. 14–16.); and
output, based on the person image and the article image, an output image including a wearing image depicting the article on the person (the system generates a composite image in which the clothing image is superimposed on the still image of the customer. See FIGS. 10–18, especially FIG. 16 and the discussion of the composite image 1601).
Woo discloses a multimedia device and control method for virtual clothing fitting in which a user avatar wearing selected clothing is displayed, one or more user gestures applicable to the clothing are guided, and the styling of the clothing worn by the user avatar is changed according to the user’s gesture. Woo further teaches different clothing styles and arrangements, including off-shoulder, tucked-in, button release, sleeve folding, belt attachment, color change, and addition of accessories or items. (See, e.g., the Abstract; claims 1–20; and FIGS. 24–43). Therefore, before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the virtual try-on system of TSUNEHIRO et al. to include the selectable wearing modes and styling variations taught by Woo, because both references are directed to virtual clothing fitting and garment visualization. Incorporating Woo’s gesture-based style options into TSUNEHIRO et al.’s fitting-room compositing system would have predictably improved the user’s ability to view the same garment in different wearing modes and arrangements, thereby providing a more interactive and customizable virtual try-on experience. Such a modification would merely combine known elements according to their established functions to yield no more than predictable results.
Regarding claim 2, TSUNEHIRO et al. fails to teach the virtual try-on system according to claim 1, wherein the plurality of options for virtually depicting the article on the person includes different wearing modes of wearing the article in different arrangements. However, Woo teaches a virtual clothing fitting service in which a user avatar is displayed wearing selected clothing, and the clothing worn by the avatar is changed according to user gestures. Woo expressly teaches different wearing modes and different arrangements of the clothing, including off-shoulder on/off, top tucked into bottom / not tucked, button release / lock, sleeve fold / release, belt attach / release, color change, and other styling variations. See, e.g., the Abstract; claims 1–20; and FIGS. 30–43. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the invention to modify the virtual try-on system of TSUNEHIRO et al. to include the different wearing modes and arrangements taught by Woo because both references are directed to virtual clothing fitting and garment visualization. Incorporating Woo’s different wearing modes into TSUNEHIRO et al.’s garment compositing environment would have predictably allowed the same clothing item to be shown in multiple arrangements, thereby improving the user’s ability to evaluate appearance and fit in a virtual try-on setting. The proposed modification would merely combine known features according to their established functions to achieve a predictable result.
Regarding claim 3, TSUNEHIRO et al. fail to teach the virtual try-on system according to claim 2, wherein at least one processor is further configured to execute the instructions to: output an optional wearing mode based on a wearing mode indicated by the article image that is acquirable for the designated article. However, Woo further discloses a virtual clothing fitting service in which a user avatar is displayed wearing selected clothing, one or more user gestures applicable to the clothing are guided, and the styling of the clothing worn by the avatar is changed according to the guided user gesture. Woo also expressly teaches different wearing modes and arrangements for the same article, including off-shoulder on/off, tucked-in / not tucked, button release / lock, sleeve fold / release, belt attach / release, and color change. See, e.g., the Abstract; claims 1–20; and FIGS. 30–43. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the invention to modify the virtual try-on system of TSUNEHIRO et al. so that the processor outputs an optional wearing mode based on a wearing mode indicated by the article image, as recited in claim 3, in view of Woo. The motivation to do so arises from the shared purpose of both references, namely, to provide a more realistic and interactive virtual clothing fitting experience. TSUNEHIRO et al. already teaches selection and display of clothing images in a try-on environment, and Woo teaches that the same garment may be presented in different styling modes depending on user selection or gesture. Incorporating Woo’s selectable wearing-mode functionality into TSUNEHIRO et al.’s virtual try-on framework would have been a predictable use of known styling options to improve user customization and the usefulness of the displayed try-on result.
Regarding claim 4, TSUNEHIRO et al. fail to teach the virtual try-on system according to claim 2, wherein the at least one processor is further configured to execute the instructions to: generate the article image indicating another wearing mode from the article image indicating one wearing mode; and
select the generated article image. However, Woo further discloses a virtual clothing fitting service in which a user avatar is displayed wearing selected clothing, and the styling of the clothing worn by the avatar is changed according to user gestures. Woo expressly teaches changing the clothing from one wearing mode to another, such as off-shoulder on/off, tucked-in / not tucked, button release / lock, sleeve fold / release, belt attach / release, and color change. See, e.g., the Abstract; claims 1–20; and FIGS. 30–43. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the invention to modify the virtual try-on system of TSUNEHIRO et al. so that the processor generates an article image indicating another wearing mode from an article image indicating one wearing mode, and selects the generated article image, as recited in claim 4, in view of Woo. The motivation to make such a modification arises from the shared objective of both references to provide a virtual fitting experience that allows the user to visualize different appearances of the same garment. TSUNEHIRO et al. already teaches generating and displaying a garment composite image in a try-on environment, and Woo teaches that the same garment may be changed from one styling arrangement to another. Combining these teachings would have predictably enabled the system to generate and select an alternative garment image reflecting another wearing mode, thereby improving customization and user interaction without changing the basic operation of either reference.
Regarding claim 5, TSUNEHIRO et al. further teach the virtual try-on system according to claim 2, wherein the at least one processor is further configured to execute the instructions to: identify an article from the person image (discloses capturing a customer image in a fitting room and generating a composite image with clothing selected for try-on. It also discloses selecting clothing data / clothing images for display in connection with the customer image); and receive the article identified from the person image, as the designated article (discloses selecting clothing data / clothing image layers associated with product IDs and displaying the selected clothing in the try-on image, see Figs 2-7). TSUNEHIRO et al. fail to teach receive a selection of a wearing mode different from a wearing mode of the article identified from the person image. However, Woo discloses a virtual clothing fitting service in which a user avatar is displayed wearing selected clothing, and the styling of the clothing worn by the avatar is changed according to a guided user gesture. Woo expressly teaches multiple wearing modes and arrangements, including off-shoulder on/off, top tucked into bottom / not tucked, button release / lock, sleeve fold / release, belt attach / release, and color change (Abstract; Figs. 24–43). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the invention to modify the virtual try-on system of TSUNEHIRO et al. to include the user-selectable wearing mode variations taught Woo, because both references are directed to virtual clothing fitting and garment visualization. The combination would have predictably provided a more interactive virtual try-on experience by enabling the same garment to be displayed in different wearing arrangements, thereby improving customization and user feedback in the fitting system.
Regarding claim 6, TSUNEHIRO et al. further teach the virtual try-on system according to claim 2, wherein the at least one processor is further configured to execute the instructions to: identify an article from the person image (TSUNEHIRO et al. discloses image-based try-on and selecting garments to overlay on the person image); and determine an article recommended to be worn in combination with the article identified from the person image (TSUNEHIRO et al. discloses recommended coordinated products and garment information associated with the product file, see Figs. 2, 7, 10-18). TSUNEHIRO et al. fail to teach receive the article recommended, as the designated article. Woo discloses a virtual clothing fitting service in which a user avatar is displayed wearing selected clothing and the styling of the clothing worn by the avatar is changed according to a guided user gesture. Woo further expressly teaches addition of recommended items or accessories to the clothing worn by the avatar, including bags, hats, sunglasses, belts, cardigans, and sweaters. See Abstract; Figs. 24–43. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the invention to modify the virtual try-on system of TSUNEHIRO et al. to include the accessory or complementary-item recommendations taught by Woo, because both references are directed to virtual clothing fitting and garment visualization. The combination would have predictably provided a more interactive virtual try-on experience by enabling the system to identify a garment and determine a recommended item to be worn in combination with that garment, thereby improving outfit coordination and user customization in the fitting system.
Regarding claim 7, TSUNEHIRO et al. further teach the virtual try-on system according to claim 2, wherein the at least one processor is further configured to execute the instructions to: determine a recommended wearing mode based on a number of article images indicating a similar or identical wearing mode in type for the article (discloses multiple clothing image layers and display of selected clothing images in the try-on environment); and receive the recommended wearing mode (discloses selecting/displaying clothing images for virtual try-on). TSUNEHIRO et al. discloses a try-on system in which a customer image is captured by a camera in a fitting room, clothing data is selected for try-on, and a composite image is generated showing the selected clothing on the customer. See, e.g., the camera 104 capturing an image of the customer, image file F3 storing clothing image layers 801 associated with product IDs, and composite image 1601 in which clothing image 1602 is superimposed on the customer image. TSUNEHIRO et al. further discloses that clothing images may be selected for display in the virtual try-on process based on stored garment data. See Figs. 2, 7, 10–18.
Regarding claim 8, TSUNEHIRO et al. discloses a fitting room terminal in which a customer image is captured by a camera and displayed on a screen, and in which a composite image showing selected clothing on the customer is generated and displayed. See, e.g., the fitting room terminal 101 including camera 104 and LCD 103, the captured still image 1112 of the customer, and composite image 1601 in which clothing image 1602 is superimposed on the customer image. TSUNEHIRO et al. thus teaches a mirror-like virtual try-on display environment in which the user can view clothing overlaid on the user image. See Figs. 2, 3, 10–18.
Woo discloses a virtual clothing fitting service in which a user avatar is displayed wearing selected clothing on a multimedia device and the styling of the clothing worn by the avatar is changed according to a guided user gesture. See Abstract and Figs. 24–43. Woo further teaches use of a display to present the avatar and the changed clothing styling to the user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the invention to modify the display-based fitting room of TSUNEHIRO et al. to include the avatar-based clothing display and styling-change functionality taught by Woo, because both references are directed to virtual clothing fitting and garment visualization. The combination would have predictably provided a mirror-like smart-display interface for presenting the output image to the user, thereby improving user interaction with the virtual try-on system.
Regarding claims 9 and 10, the limitations of the claims are rejected for the same reasons as set forth in the rejection of claim 1 above.
Regarding claim 11, TSUNEHIRO et al. fail to teach the virtual try-on system according to claim 1, wherein the obtain the article image comprises selecting the article image from among a plurality of article images, each of the plurality of article images corresponding to a different option for virtually depicting the article on the person. However, Woo discloses a virtual clothing fitting service in which a user avatar is displayed wearing selected clothing and the styling of the clothing worn by the avatar is changed according to a guided user gesture. Woo expressly teaches multiple wearing modes and arrangements, including off-shoulder on/off, top tucked into bottom / not tucked, button release / lock, sleeve fold / release, belt attach / release, and color change. See Abstract and Figs. 24–43. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the invention to modify the try-on system of TSUNEHIRO et al. to obtain the article image from among a plurality of article images corresponding to different options, in view of Woo’s teaching of multiple selectable styling variations for the same garment. The combination would have predictably provided a more interactive virtual try-on experience by enabling the system to display different garment variations or options for the same article, thereby improving customization and user feedback in the fitting system.
Regarding claim 12, TSUNEHIRO et al. further teach the virtual try-on system according to claim 1, wherein the attribute related to the article includes at least one of a type of the article, a size of the article, a color variation of the article, and an arrangement of the article (TSUNEHIRO et al. expressly stores product name, color, size, length, and location in the inventory file. See FIG. 6 and surrounding text. It also stores product type in the product file. See FIG. 5.).
Regarding claim 13, TSUNEHIRO et al. do not clearly disclose the virtual try-on system according to claim 1, wherein the plurality of options for virtually depicting the article on the person includes different variations of the article associated with different attributes (The reference discloses different clothing images, sizes, colors, and lengths in files, but not clearly “different variations” of a garment mapped to different depiction attributes in the claimed virtual-try-on mode sense). However, Woo discloses a virtual clothing fitting service in which a user avatar is displayed wearing selected clothing and the styling of the clothing worn by the avatar is changed according to a guided user gesture. Woo expressly teaches multiple clothing variations and styling options associated with different attributes, including off-shoulder on/off, top tucked into bottom / not tucked, button release / lock, sleeve fold / release, belt attach / release, color change, and addition of accessories. See Abstract and Figs. 24–43. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the invention to modify the virtual try-on system of TSUNEHIRO et al. to provide multiple variations of the article associated with different attributes, in view of Woo’s teaching of multiple selectable garment styling variations. The combination would have predictably provided a more interactive virtual try-on experience by enabling the system to present different variants of a garment according to associated attributes, thereby improving customization and user feedback in the fitting system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11,080,817 B2 — Cloth Warping Using Multi-scale Patch Adversarial Loss
This reference teaches an image-based virtual try-on system. In general, it receives: a reference image of a person wearing clothing, and a target clothing image, and generates a synthesized image of the person wearing the target clothing.
US 12,182,931 B2 — System And Method For Rendering Clothing On A Two-Dimensional Image
This reference teaches a system for rendering clothing onto a 2D image using a depth frame and a 3D avatar.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENNY QUOC TIEU whose telephone number is (571)272-7490. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BENNY Q TIEU/Supervisory Patent Examiner, Art Unit 2682
Prosecution Insights