CTNF 18/773,011 CTNF 79941 DETAILED ACTION Claims 1–20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–20 of U.S. Patent No. 12,067,804. 07-15-aia AIA Claim(s) 1,2,3,5,8,11,12,16,18 and 19 and 20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by RUSSELL (WO 2018/191784 A1) with annotated version thereof : 07-21-aia AIA Claim (s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of SPIEGEL et al. (US 2013/0063487 A1): 07-21-aia AIA Claim (s) 6,7 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of TACK et al. (KR 2017-0135758 A) with SEARCH machine translation : 07-21-aia AIA Claim (s) 9,10 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of ANDOCHE et al. (US 2024/0069366 A1) with Foreign Application Priority Data Jan 28, 2021 (EP)….21305107.1): 07-21-aia AIA Claim (s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of Li et al. (CN 103258425 A) with SEARCH machine translation : 07-21-aia AIA Claim (s) 14,15 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of Li et al. (CN 103258425 A) with SEARCH machine translation as applied in claim 13 further in view of Kerzner et al. (US 2021/0110137 A1) : 07-21-aia AIA Claim (s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of Katz et al. (US 2020/0207358 A1) : 35 USC § 101- Positive Statement Streamlined analysis: The claims 1-20 reflect 1 an improvement under 35 USC 101 in view of applicant’s disclosure 2 . Double Patenting 08-33 The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1–20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–20 of U.S. Patent No. 12,067,804. Regarding Claims 1–20: The following table illustrates the correspondence between the claimed limitation of 1–20 of the current application and the claimed limitation of 1–20 of 12,067,804 Patent. Current Application: 18/773,011 US 12,067,804 B2 1. A method comprising: 1. A method comprising: receiving, by one or more processors of a user device, an image that includes a depiction of a face of a user; receiving, by one or more processors of a user device, an image that includes a depiction of a face of a user; 16. The method of claim 1, further comprising: computing the real-world scale of the face of the user based on a selected subset of landmarks of the face of the user; and computing a real-world scale of the face of the user based on a selected subset of landmarks of the face of the user; obtaining an augmented reality eyewear; and obtaining an augmented reality graphical element comprising augmented reality eyewear; changing a size of the augmented reality eyewear based on a computed real-world scale of the face as a function of a distance between the face of the user and the user device, the size of the augmented reality eyewear being adjusted to be a first value in response to determining that the distance between the face of the user and the user device is a first amount, the size of the augmented reality eyewear being decreased to a second value that is smaller than the first value in response to determining that the distance between the face of the user and the user device has increased to a second amount greater than the first amount. changing a size of the augmented reality graphical element based on the computed real-world scale of the face as a function of a distance between the face of the user and the user device, the size of the augmented reality graphical element being adjusted to be a first value in response to determining that the distance between the face of the user and the user device is a first amount, the size of the augmented reality graphical element being decreased to a second value that is smaller than the first value in response to determining that the distance between the face of the user and the user device has increased to a second amount greater than the first amount; and 16. The method of claim 1, further comprising: computing the real-world scale of the face of the user based on a selected subset of landmarks of the face of the user; and positioning the augmented reality eyewear within the image on the face of the user. positioning the resized augmented reality graphical element within the image on the face of the user. 2. The method of claim 1, further comprising: 2. The method of claim 1, further comprising: retrieving physical size information of the augmented reality eyewear; retrieving physical size information of the augmented reality element; computing an adjustment factor associated with the physical size information based on the computed real-world scale of the face; and computing an adjustment factor associated with the physical size information based on the computed real-world scale of the face; and modifying a size of the augmented reality eyewear based on the adjustment factor. modifying a size of the augmented reality graphical element based on the adjustment factor. 3. The method of claim 1, further comprising: obtaining rigid material properties associated with the augmented reality eyewear; and displaying, based on the rigid material properties, the augmented reality eyewear in the image. 3. The method of claim 1, further comprising: obtaining rigid material properties associated with the augmented reality graphical element; and displaying, based on the rigid material properties, the augmented reality graphical element in the image. 4. The method of claim 3, further comprising: deforming a first portion of the augmented reality eyewear in response to determining that the rigid material properties correspond to a first rigidity amount; and deforming a plurality of portions of the augmented reality eyewear in response to determining that the rigid material properties correspond to a second rigidity amount. 4. The method of claim 3, further comprising: deforming a first portion of the augmented reality graphical element in response to determining that the rigid material properties correspond to a first rigidity amount; and deforming a plurality of portions of the augmented reality graphical element in response to determining that the rigid material properties correspond to a second rigidity amount. 5. The method of claim 1, further comprising: 5. The method of claim 1, wherein computing the real-world scale of the face of the user comprises: computing a first instance of the real-world scale of the face of the user based on a first set of landmarks of the face of the user at a first point in time during a first portion of a video captured by the user device; and computing a first instance of the real-world scale of the face of the user based on a first set of landmarks of the subset of the landmarks of the face of the user at a first point in time during a first portion of a video captured by the user device; and computing a second instance of the real-world scale of the face of the user based on a second set of landmarks of the face of the user at a second point in time during a second portion of a video captured by the user device, the second set of landmarks used to compute the second instance of the real-world scale of the face of the user being different from the first set of landmarks used to compute the first instance of the real-world scale of the face of the user. computing a second instance of the real-world scale of the face of the user based on a second set of landmarks of the subset of the landmarks of the face of the user at a second point in time during a second portion of a video captured by the user device, the second set of landmarks used to compute the second instance of the real-world scale of the face of the user being different from the first set of landmarks used to compute the first instance of the real-world scale of the face of the user. 6. The method of claim 1, further comprising: determining a topology of the face of the user based on a selected subset of landmarks; and positioning the augmented reality eyewear within the image on the face of the user based on the topology. 6. The method of claim 1, further comprising: determining a topology of the face of the user based on the selected subset of landmarks; and positioning the resized augmented reality graphical element within the image on the face of the user based on the topology. 7. The method of claim 6, further comprising positioning a nose bridge portion of the augmented reality eyewear a predetermined distance above a nose bridge landmark within the topology. 7. The method of claim 6, further comprising positioning a nose bridge portion of the augmented reality graphical element a predetermined distance above a nose bridge landmark within the topology. 8. The method of claim 1, further comprising: identifying a plurality of physical glasses; retrieving a plurality of physical measurements of the plurality of physical glasses; and computing a fit factor for each of the physical glasses based on the physical measurements and the computed real-world scale of the face of the user. 8. The method of claim 1, further comprising: identifying a plurality of physical glasses; retrieving a plurality of physical measurements of the plurality of physical glasses; and computing a fit factor for each of the physical glasses based on the physical measurements and the computed real-world scale of the face of the user. 9. The method of claim 8, further comprising: ranking the physical glasses based on a respective fit factor of each of the physical glasses; and generating, based on the ranking, a recommendation of an eyewear augmented reality element for one or more physical glasses associated with one or more top ranks. 9. The method of claim 8, further comprising: ranking the physical glasses based on a respective fit factor of each of the physical glasses; and generating, based on the ranking, a recommendation of an eyewear augmented reality element for one or more physical glasses associated with one or more top ranks. 10. The method of claim 9, further comprising positioning the eyewear augmented reality element within the image on the face of the user in response to a received input. 10. The method of claim 9, further comprising positioning the eyewear augmented reality element within the image on the face of the user in response to a received input. 11. The method of claim 8, further comprising computing a given fit factor for a given one of the plurality of physical glasses by: determining a first distance between a nose bridge portion of the given one of the plurality of physical glasses and a temples portion of the given one of the plurality of physical glasses; computing a second distance in the computed real-world scale of the face of the user between a nose bridge and a cheek bone or temple of the face of the user; and computing the fit factor as a function of the first distance and the second distance. 11. The method of claim 8, further comprising computing a given fit factor for a given one of the plurality of physical glasses by: determining a first distance between a nose bridge portion of the given one of the plurality of physical glasses and a temples portion of the given one of the plurality of physical glasses; computing a second distance in the computed real-world scale of the face of the user between a nose bridge and a cheek bone or temple of the face of the user; and computing the fit factor as a function of the first distance and the second distance. 12. The method of claim 8, further comprising computing a given fit factor for a given one of the plurality of physical glasses by: determining lens dimensions of the given one of the plurality of physical glasses; and computing the fit factor as a function of the lens dimensions. 12. The method of claim 8, further comprising computing a given fit factor for a given one of the plurality of physical glasses by: determining lens dimensions of the given one of the plurality of physical glasses; and computing the fit factor as a function of the lens dimensions. 13. The method of claim 1, further comprising: computing visibility and stability parameters for each of a subset of landmarks of the face of the user, the visibility parameter specifying a score representing how much of each of the subset of landmarks of the face of the user that is visible in the image, the visibility parameter being proportional to an amount of overlap between each of the subset of landmarks of the face of the user and a predetermined portion of a three-dimensional facial model, the stability parameter indicating how much each of the subset of landmarks of the face of the user moves over a threshold number of frames of a video. 13. The method of claim 1, further comprising: computing visibility and stability parameters for each of the selected subset of landmarks of the face of the user, the visibility parameter specifying a score representing how much of each of the selected subset of landmarks of the face of the user that is visible in the image, the visibility parameter being proportional to an amount of overlap between each of the selected subset of landmarks of the face of the user and a predetermined portion of a three-dimensional facial model, the stability parameter indicating how much each of the selected subset of landmarks of the face of the user moves over a threshold number of frames of a video. 14. The method of claim 13, further comprising: selecting a set of top landmarks that is each associated with a visibility and stability score greater than respective visibility and stability scores of a remaining set of landmarks. 14. The method of claim 13, further comprising: selecting a set of top landmarks that is each associated with a visibility and stability score greater than respective visibility and stability scores of a remaining set of landmarks. 15. The method of claim 14, further comprising: determining a type associated with the augmented reality eyewear; obtaining a threshold quantity of landmarks associated with the type of the augmented reality eyewear; and using the threshold quantity of landmarks to limit a quantity of landmarks that are included in the set of top landmarks. 15. The method of claim 14, further comprising: determining a type associated with the augmented reality eyewear; obtaining a threshold quantity of landmarks associated with the type of the augmented reality eyewear; and using the threshold quantity of landmarks to limit a quantity of landmarks that are included in the set of top landmarks. 16. The method of claim 1, further comprising: computing the real-world scale of the face of the user based on a selected subset of landmarks of the face of the user; and positioning the augmented reality eyewear within the image on the face of the user. 16. The method of claim 1, further comprising: selecting a style for the augmented reality eyewear based on one or more attributes associated with the user. 17. The method of claim 1, further comprising: detecting a finger of the user in a video captured by the user device; determining that the finger overlaps a nose portion of the augmented reality eyewear; in response to determining that the finger overlaps the nose portion of the augmented reality eyewear, determining a direction of movement of the finger relative to eyebrows of the user; and moving the augmented reality eyewear relative to the nose portion by a specified amount based on an amount and direction of movement of the finger relative to eyebrows of the user. 17. The method of claim 1, further comprising: detecting a finger of the user in a video captured by the user device; determining that the finger overlaps a nose portion of the augmented reality graphical element ; in response to determining that the finger overlaps the nose portion of the augmented reality graphical element , determining a direction of movement of the finger relative to eyebrows of the user; and moving the augmented reality graphical elemen t relative to the nose portion by a specified amount based on an amount and direction of movement of the finger relative to eyebrows of the user. 18. The method of claim 1, further comprising: displaying a warning message in response to determining that a fit factor for each of a plurality of physical glasses fails to be satisfied. 18. The method of claim 1, further comprising: displaying a warning message in response to determining that a fit factor for each of a plurality of physical glasses fails to be satisfied. 19. A system comprising: at least one processor; and a memory component having instructions stored thereon, when executed by the at least one processor, causes the at least one processor to perform operations comprising: 19. A system comprising: at least one processor, and a memory component having instructions stored thereon, when executed by the at least one processor, causes the at least one processor to perform operations comprising: receiving, by a user device, an image that includes a depiction of a face of a user; receiving, by a user device, an image that includes a depiction of a face of a user; computing a real-world scale of the face of the user based on a selected subset of landmarks of the face of the user; obtaining an augmented reality eyewear; and obtaining an augmented reality graphical element comprising augmented reality eyewear; changing a size of the augmented reality eyewear based on a computed real-world scale of the face as a function of a distance between the face of the user and the user device, the size of the augmented reality eyewear being adjusted to be a first value in response to determining that the distance between the face of the user and the user device is a first amount, the size of the augmented reality eyewear being decreased to a second value that is smaller than the first value in response to determining that the distance between the face of the user and the user device has increased to a second amount greater than the first amount. changing a size of the augmented reality graphical element based on the computed real-world scale of the face as a function of a distance between the face of the user and the user device, the size of the augmented reality graphical element being adjusted to be a first value in response to determining that the distance between the face of the user and the user device is a first amount, the size of the augmented reality graphical element being decreased to a second value that is smaller than the first value in response to determining that the distance between the face of the user and the user device has increased to a second amount greater than the first amount; and positioning the resized augmented reality graphical element within the image on the face of the user. 20. A non-transitory computer-readable medium having stored thereon, instructions when executed by at least one processor, causes the at least one processor to perform operations comprising: 20. A non-transitory computer-readable medium having stored thereon, instructions when executed by at least one processor, causes the at least one processor to perform operations comprising: receiving, by a user device, an image that includes a depiction of a face of a user; receiving, by a user device, an image that includes a depiction of a face of a user; computing a real-world scale of the face of the user based on a selected subset of landmarks of the face of the user; obtaining an augmented reality eyewear; and obtaining an augmented reality graphical element comprising augmented reality eyewear; changing a size of the augmented reality eyewear based on a computed real-world scale of the face as a function of a distance between the face of the user and the user device, the size of the augmented reality eyewear being adjusted to be a first value in response to determining that the distance between the face of the user and the user device is a first amount, the size of the augmented reality eyewear being decreased to a second value that is smaller than the first value in response to determining that the distance between the face of the user and the user device has increased to a second amount greater than the first amount. changing a size of the augmented reality graphical element based on the computed real-world scale of the face as a function of a distance between the face of the user and the user device, the size of the augmented reality graphical element being adjusted to be a first value in response to determining that the distance between the face of the user and the user device is a first amount, the size of the augmented reality graphical element being decreased to a second value that is smaller than the first value in response to determining that the distance between the face of the user and the user device has increased to a second amount greater than the first amount; and positioning the resized augmented reality graphical element within the image on the face of the user. Table 1 The table (Table 1) above shows that independent claims 1, 19 and 20 of this Application is not identical to the claims of U.S. Patent No. 12,067,804. However, the claims are not patentably distinct. The U.S. Patent No. 12,067,804 is narrower than independent claims 1, 19 and 20 since it includes several additional limitations not found in claim 1, 19 and 20 of the instant Application. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1,2,3,5,8,11,12,16,18 and 19 and 20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by RUSSELL (WO 2018/191784 A1) with annotated version thereof : PNG media_image1.png 722 353 media_image1.png Greyscale Re 1., RUSSELL discloses A method (likewise) comprising 3 : receiving, by one or more processors of a user device, an image that includes a depiction of a face of a user (or likewise “The face image 50 of the user is obtained” [00155]); obtaining an augmented reality eyewear (or likewise “the selected frame 12, such as a virtual image of the selected frame 12, defines an augmented reality”, pg. 30: [00170]: fig. 4: augmented glasses 12 as obtained/selected); and changing a size of the augmented reality eyewear based on a computed real-world scale of the face as a function of a distance between the face of the user and the user device (or likewise “alter the sizing of the rendered glasses (also referred as to 30 representation of the selected spectacle frame)in real time so as to give a truly 'real' mirror image, and is termed herein 'gross planar compensation', and accounts for altered distance between the subject and the 99 System”, pg. 49 [00299]), the size of the augmented reality eyewear being adjusted to be a first value in response to determining that the distance (“distance…closer” pg. 49 [00299]: fig. 13: close-up) between the face of the user and the user device is a first amount (or likewise adjusting the sizing along with accounting for distance via said “If the user brings the camera closer…alter the sizing of the rendered glasses (also referred as to 30 representation of the selected spectacle frame)in real time so as to give a truly 'real' mirror image, and is termed herein 'gross planar compensation', and accounts for altered distance between the subject and the 99 System”, pg. 49 [00299]), the size of the augmented reality eyewear being decreased to a second value (or likewise “if the user brings the camera…further away in order to obtain a more complete overall image appreciation, the VOS system will alter the sizing of the rendered glasses…to give a truly ‘real’ mirror image” pg. 49 [00299]: fig. 12: zoom-out) that is smaller than the first value in response to determining that the distance between the face of the user and the user device has increased (via said “further away”: fig. 12: zoom-out) to a second amount greater than the first amount (figures 12,13, reproduced below: PNG media_image2.png 1059 1301 media_image2.png Greyscale Re 2., RUSSELL discloses The method of claim 1, further comprising: retrieving physical size information of the augmented reality eyewear (or likewise glasses prescription retrieval via “Rx retrieval” [00128]); computing an adjustment factor (or likewise said “alter the sizing of the rendered glasses) associated with the physical size information based on the computed real-world scale of the face; and modifying a size (or likewise said “alter the sizing of the rendered glasses) of the augmented reality eyewear based on the adjustment factor. Re 3., RUSSELL discloses The method of claim 1, further comprising: obtaining rigid material properties (or likewise “obtaining lens 4 fitting height measurements” 5 , pg. 56 [00340]) associated with the augmented reality eyewear; and displaying (fig. 4: “Measure Parameters”: display of measured-lens glasses), based on the rigid material properties, the augmented reality eyewear in the image. Re 5., RUSSELL discloses The method of claim 1, further comprising: computing a first instance (or points: fig. 10: “1 st . Purkinje Images”) of the real-world scale of the face of the user based on a first set of landmarks (or likewise “The pupil center or first Purkinje image reference points can be automatically and accurately found…as…landmarks”, pg. 69: [00449]) of the face of the user at a first point in time during a first portion of a video (or “a video sequence”, pg. 21 [00127]) captured by the user device; and computing a second instance (fig. 12: triangle-landmarks) of the real-world scale of the face of the user based on a second set of landmarks (or likewise said “The pupil center or first Purkinje image reference points can be automatically and accurately found…as…landmarks”, pg. 69: [00449]) of the face of the user at a second point in time during a second portion of a video (or “a video sequence”, pg. 21 [00127]) captured by the user device, the second set of landmarks used to compute the second instance of the real-world scale of the face of the user being 6 different from the first set of landmarks used to compute the first instance of the real-world scale of the face of the user. Re 8., RUSSELL discloses The method of claim 1, further comprising: identifying a plurality of physical glasses (or likewise “select glasses”: pg. 34 [00200]); retrieving (“retrieval systems”, pg. 65 [00408]) a plurality of physical measurements (or likewise “Front surface curvature…Back surface curvature” [00414][00415]) of the plurality of physical glasses; and computing a fit factor 7 (or likewise “Pupil Fitting Height, Bifocal Fitting Height, Trifocal Fitting Height, Near Pupil fitting height”, pg. 47 [00285]) for each of the physical glasses based on the physical measurements and the computed real-world scale (or likewise “Obtain reference scale”, pg. 47: [00283]) of the face of the user. Re 11. , RUSSELL discloses The method of claim 8, further comprising computing a given fit factor for a given one of the plurality of physical glasses by: determining a first distance (or likewise “adjusting the temple 8 angle(s)” 9 , pg. 6: [0022] 2 nd S: figs. 15,16: curved distance “θ” that is connected to a nose pad and temple as indicated in fig. 5) between 10 11 a nose bridge portion of the given one of the plurality of physical glasses and a temples portion (or likewise the side temple angles have an adjustment connection to a nose pad positions and noise pad angles via “by 12 adjusting the noise pad positions and angles…by 13 adjusting the temple angle(s)”, pg. 6: [0022] 2 nd S) of the given one of the plurality of physical glasses; computing a second distance (fig. 16:distance-”b”) in the computed real-world scale of the face of the user between a nose bridge and a cheek bone or 14 temple (or likewise the side temple angles have an adjustment connection to a nose pad positions and noise pad angles via “by 15 adjusting the noise pad positions and angles…by 16 adjusting the temple angle(s)”, pg. 6: [0022] 2 nd S so the glasses are adjusted to be horizontal as shown in fig. 4) of the face of the user; and computing the fit factor (or likewise “the Panrascopic angle (PA) is given by the trigonometric formula Tan(PA)=b/h”, pg. 59, 1 st text blk ) as a function of the first distance and the second distance. Re 12., RUSSELL discloses The method of claim 8, further comprising computing a given fit factor (or likewise “the Panrascopic angle (PA) is given by the trigonometric formula Tan(PA)=b/h”, pg. 59, 1 st text blk ) for a given one of the plurality of physical glasses by: determining lens dimensions (via said base “b” and height “h”) of the given one of the plurality of physical glasses; and computing (via said trigonometric formula) the fit factor as a function of the lens dimensions. Re 16., RUSSELL discloses The method of claim 1, further comprising: computing the real-world scale (likewise “automatically scale any subsequently selected Glasesses templates”, pg. 48 [00298]) of the face of the user based on a selected subset (or likewise “select a subset of Glasses Templates”, pg. 41 [00240]) of landmarks of the face of the user; and positioning the augmented reality eyewear within the image on the face of the user (as shown in fig. 4). Re 18., RUSSELL discloses The method of claim 1, further comprising: displaying a warning message in response to determining that a fit factor for each of a plurality of physical glasses fails to be satisfied (or likewise a “prompted” 17 -“user”, pg. 59: [00362], based on an unsuitable tilt angle). Claim 19 is rejected like claim 1: Re 19., RUSSELL discloses A system comprising: at least one processor (“computer processors” [00139]); and a memory component (“memory (data storage)”, pg. 34, 1 st txt blk) having instructions stored thereon, when executed by the at least one processor, causes the at least one processor to perform operations comprising: receiving, by a user device, an image that includes a depiction of a face of a user; obtaining an augmented reality eyewear; and changing a size of the augmented reality eyewear based on a computed real-world scale of the face as a function of a distance between the face of the user and the user device, the size of the augmented reality eyewear being adjusted to be a first value in response to determining that the distance between the face of the user and the user device is a first amount, the size of the augmented reality eyewear being decreased to a second value that is smaller than the first value in response to determining that the distance between the face of the user and the user device has increased to a second amount greater than the first amount. Claim 20 is rejected like claims 1 and 19: Re 20., RUSSELL discloses A non-transitory computer-readable medium 18 19 20 having stored thereon, instructions when executed by at least one processor, causes the at least one processor to perform operations comprising: receiving, by a user device, an image that includes a depiction of a face of a user; obtaining an augmented reality eyewear; and changing a size of the augmented reality eyewear based on a computed real-world scale of the face as a function of a distance between the face of the user and the user device, the size of the augmented reality eyewear being adjusted to be a first value in response to determining that the distance between the face of the user and the user device is a first amount, the size of the augmented reality eyewear being decreased to a second value that is smaller than the first value in response to determining that the distance between the face of the user and the user device has increased to a second amount greater than the first amount . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim( s) 4 i s/are rejected under 35 U.S.C. 103 as being unpatentable over R USSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of SPIEGEL et al. (US 2013/0063487 A1): PNG media_image3.png 722 485 media_image3.png Greyscale R e 4., RUSSELL discloses The method of claim 3, further comprising: deforming a first portion (or likewise “eyeglasses” 21 [00124]: lenses) of the augmented reality eyewear in response to determining that the rigid material properties correspond to a first rigidity amount ; and 22 23 deforming a plurality of portions of the augmented reality eyewear in response to determining that the rigid material properties correspond to a second rigidity amount 24 . RUSSELL does not teach, under the broadest reasonable interpretation of claim 4, the difference of claim 4 of: deforming ( a first portion of the augmented reality eyewear ) 25 … 26 in response to…correspond to a first rigidity amount. SPIEGEL teach, under the broadest reasonable interpretation of claim 4, the difference of claim 4 of: deforming 27 ( a first portion of the augmented reality eyewear ) 28 … 29 in response to…correspond to a first rigidity amount (or likewise “adjusting…according to 30 …the dynamic behavior…using a rigid transformation (scaling, rotation, shift, perspective)…by sections, such as in …glasses—front and arms” [0009]). Since RUSSELL teaches glasses with the problem (i.e., the reason for combining references) of driving to the doctor’s office for eye measurements, prompting a better way to obtain eye measurements than traveling to the eye-doctor, RUSSELL: [0018] However, these systems for ordering online frames of eyeglasses do not necessarily include the option of measuring the specific parameters required for adjusting eyeglasses to the user's face. Thus, after the user has selected the frame; to ensure that the lenses will be properly issued, the user still needs to travel to the premises of an optometrist service for measuring of the specific parameters. one of skill in the art of glasses can make RUSSELL’s (fig. 1:16,30, “USER OF GLASSES”) be as SPIEGEL’s (fig. 1C:120,122,126) seeing in the change “a method and system for automated assignment of augmented objects that are relevant for the image or video they are intended to be augmented on by analyzing the user's attributes at the target environment picture and automatically suggesting him objects to augment-on that the system think that are best-fit” SPIEGEL [0017] 1 st S: PNG media_image4.png 1922 1108 media_image4.png Greyscale 07-21-aia AIA Claim (s) 6,7 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of TACK et al. (KR 2017-0135758 A) with SEARCH machine translation: PNG media_image5.png 722 491 media_image5.png Greyscale Re 6., RUSSELL teaches The method of claim 1, further comprising: determining a topology (or “lenses…topology”, pg. 9: [0036] last S) of the face of the user based on a selected subset of landmarks (or likewise “The pupil center or first Purkinje image reference points can be automatically and accurately found…as…landmarks”, pg. 69: [00449]); and positioning the augmented reality eyewear within the image on the face of the user based on the topology. RUSSEL does not teach the difference of claim 6 of: determining ( a topology )…based on a selected subset ( of landmarks )… ( positioning )…based on ( the topology ). TACK teach the difference of claim 6 of: determining 31 ( a topology ) (or likewise “designs 32 the face topology tree as shown in FIG. 6 using this positional relationship”, pg. 9, penult txt blk)…based 33 on a selected subset (“selected threshold”-“sub-sets” “At each node”, pg. 11, penult txt blk, in fig. 6) ( of landmarks )… ( positioning )…based on ( the topology ) (or likewise “based on the landmark p .sup.l.sub.t (x .sup.l .sub.t , y .sup.l .sub.t ) (partial landmark) of the detected t frame image” “in the topol ogy node”, pg. 12, penult text blk). Since RUSSEL teaches a challenging tracking problem (i.e., the reason for combining references), page 36: [00207] Facial Data [00208] The invention is designed to operate in an unconstrained wearer simulation environment. Achieving reliable facial data in such a scenario is a challenging task. Facial tracking and expression measurement approaches are available in the prior-art, for example, Active Appearance Models (AAMs) as taught in Coates, et al., "Active appearance models" , Proc. European Cont. on Computer Vision, vol. 2, pp. 484-98, (Springer, 1998) , however the authors are not aware of a system capable of performing with the accuracy and precision required without some form of constraint on image capture such as controlled lighting, constrained head pose or constrained subject expression. one of skill in the art of tracking can make RUSSELL’s be as TACK’s seeing the change “more robust tracking performance”, TACK, pg. 13, 7 th txt blk. Re 7., TACK of the combination of RUSSELL,TACK teaches The method of claim 6, further comprising positioning a nose bridge portion of the augmented reality eyewear a predetermined distance above a nose bridge landmark (“nose”-“landmarks”, TACK, pg. 13, 2 nd txt blk: fig. 8,9: dots on a nose) within the topology . 07-21-aia AIA Claim (s) 9,10 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of ANDOCHE et al. (US 2024/0069366 A1) with Foreign Application Priority Data Jan 28, 2021 (EP)….21305107.1): PNG media_image6.png 722 555 media_image6.png Greyscale Re 9. , RUSSELL teaches The method of claim 8, further comprising: ranking the physical glasses based on a respective fit factor 34 (or likewise “Pupil Fitting Height, Bifocal Fitting Height, Trifocal Fitting Height, Near Pupil fitting height”, pg. 47 [00285]) of each of the physical glasses; and generating, based on the ranking , a recommendation 35 (or likewise a “prompted” 36 -“user”, pg. 59: [00362], based on an unsuitable tilt angle) of an eyewear augmented reality element for one or more physical glasses associated with one or more top ranks . RUSSELL does not teach the difference of claim 9 of: ranking ( the physical glasses ) based on ( a respective fit factor )… the ranking… one or more top ranks. ANDOCHE teach (via Application number: 21305107) the difference of claim 9 of: ranking ( the physical glasses ) based on (“ranking…based on”, page 25: [0188]) ( a respective fit factor )… the ranking… one or more top 37 ranks (or likewise “perfect”-“ranking”, pg. 19, ll. 10-15). Since RUSSELL teaches glasses with the problem (i.e., the reason for combining references) of driving to the doctor’s office for eye-fitting measurements, prompting a better way to obtain eye-fitting measurements than traveling to the eye-doctor, RUSSELL: [0018] However, these systems for ordering online frames of eyeglasses do not necessarily include the option of measuring the specific parameters required for adjusting eyeglasses to the user's face. Thus, after the user has selected the frame; to ensure that the lenses will be properly issued, the user still needs to travel to the premises of an optometrist service for measuring of the specific parameters. one of skill in the art of glasses can make RUSSELL’s be as ANDOCHE’s seeing in the change “comfort preferences in a user profile or during a real-time interaction with a service that offers personalized eyeglass recommendations.”, ANDOCHE, pg. 17 [0138], last S. Re 10., RUSSELL of the combination of RUSSELL,ANDOCHE teaches The method of claim 9, further comprising positioning the eyewear augmented reality element within the image on the face of the user in response to a received input (“input” of “input devices”, RUSSELL, pg. 23 [00140]) . 07-21-aia AIA Claim (s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of Li et al. (CN 103258425 A) with SEARCH machine translation: PNG media_image7.png 722 555 media_image7.png Greyscale Re 13., RUSSELL teaches The method of claim 1, further comprising: computing visibility and 38 39 stability parameters (or “reference facial features parameter…as…Glasses Template”, pg. 38 [00220]) for each of a subset (or “Glasses Templates”-“subset” pg. 41 [00240]) of landmarks (or “these landmarks”, pg. 69 [00449]) of the face of the user, the visibility parameter specifying a score representing how much of each of the subset of landmarks of the face of the user that is visible in the image, the visibility parameter being proportional to an amount of overlap between (via fig. 12:line ”h” between landmarks) each of the subset of landmarks of the face of the user and a predetermined portion (said landmarks are pupil portions) of a three-dimensional facial model (or likewise “3D shape 40 …accurately and precisely reconstruct the subject’s appearance on each frame”, pg. 36 [00209], or “a 3d model of a user”, pg. 3, 1 st txt blk), 41 the stability parameter indicating how much each of the subset of landmarks of the face of the user moves (or “moves further away”, pg. 49 [00299] 1 st S) over a threshold number of frames (via said “each frame”) of a video. RUSSELL does not teach, under the broadest reasonable interpretation of claim 13, the difference of claim 13 of: stability ( parameter )… the stability (parameter)…over a threshold number. Li teach, under the broadest reasonable interpretation of claim 13, the difference of claim 13 of: stability ( parameter ) (“stability parameter”, pg. 4, 8 th txt blk)… the stability (parameter)…over a threshold number (or “step S313. when P1/S is larger than the vehicle detection thresho ld and P2/S greater than the motion detection thresho ld”, pg. 4, last txt blk). Since RUSSELL teaches image detection and a static image and problems (i.e., the reason to combine references) of a static image, pages 29 and 2,3,: “[00165] After the user's images have been delivered to the Eyeglass Ordering Platform 18 as described before, the computing means of the Eyeglass Ordering Platform 18 proceeds to process the images by detecting the user's face images 50 from the images supplied by the user and post the face images 50 onto the screen area 48 as is shown in figure 4 and figure 5.” “[0007] Previous methods that have been developed for simulating glasses looks, often called Virtual Try On systems, or VTO, have often been limited to single image systems. The dependence on a single static image severely limits the subject's ability to visualise the appearance of the physical glasses appearance in a natural way by removing their ability to experiment with expression and pose. Furthermore, the systems do not alter, in real time, dynamic differences occurring in shadow detail, lighting induced highlights, and reflections, further removing the ability to achieve a true 'in mirror' view. For example, US20150235428A 1 Systems and methods for generating a 3d model of a user for a virtual try-on product” one of skill in the art of static images can make RUSSELL’s be a Li’s seeing the change “through…detection to…improve the obtaining accuracy of static…information”, Li, pg. 5, 6 th txt blk . 07-21-aia AIA Claim (s) 14,15 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of Li et al. (CN 103258425 A) with SEARCH machine translation as applied in claim 13 further in view of Kerzner et al. (US 2021/0110137 A1): PNG media_image8.png 722 555 media_image8.png Greyscale Re 14., RUSSELL of the combination of RUSSELL,Li teaches The method of claim 13, further comprising: selecting a set (or “select a subset”, pg. 41 [00240] last S) of top landmarks (or “these landmarks”, RUSSELL, pg. 69 [00449]) that is each associated with a visibility and stability score greater than respective visibility and stability scores of a remaining set of landmarks (or “these landmarks”, RUSSELL, pg. 69 [00449]). RUSSELL of the combination of RUSSELL,Li does not teach the difference of claim 14 of: top (landmarks)… ( stability ) score greater than respective…( stability ) scores of a remaining set of ( landmarks ). Kerzner teach the difference of claim 14 of: top ( landmarks ) (or likewise “highest”-“landmarks” [0119] 1 st S)… ( stability ) score greater than respective…( stability ) scores of a remaining set of ( landmarks ) (or likewise “highest reliability score”-“landmarks” [0119] 1 st S). Since RUSSELL of the combination of RUSSELL,Li teaches said landmark (i.e., pupil centers) and problems (i.e., the reason to combine references) thereof via RUSSELL, page 3: [001 0] Many systems have been described, for example, US6508553B2 describes, as typical for such prior art methods, a method for obtaining the values required. The system requires a specific routine to be performed by the wearer of the glasses, requires an operator for the system, does not offer a real time live viewing experience, and measures crudely the dimensions from determining the pupil centre as the measurement reference point. Gross limitations exist with such methods, particularly where the pupil centre may not be coincident with the eye's visual axis due to various reasons, such as anatomical variation or previous iris injury causing an irregular shape and or located pupil. one of skill in the art of landmarks can make RUSSELL’s of the combination of RUSSELL,Li be as Kerzner’s seeing in the change “improvements in identifying stable/reliable landmarks”, Kerzner [0236] penult S. Re 15., RUSSELL of the combination of RUSSELL,Li,Kerzner teaches The method of claim 14, further comprising: determining a type (or likewise “chosen spectacle lens type”, RUSSELL [00367]) associated with the augmented reality eyewear; obtaining a threshold quantity of landmarks (or likewise “highest reliability score”-“landmarks”, Kerzner [0119] 1 st S, “having a reliability score that does…exceed the threshold landmark score of 50%”, Kerzner [0113] 3 rd S) associated (via the combination of RUSSELL,Li,Kerzner) with the type of the augmented reality eyewear; and using the threshold quantity of landmarks to limit (or likewise said “threshold 42 landmark score”) a quantity (via limits) of landmarks that are included in the set of top landmarks . 07-21-aia AIA Claim (s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUSSELL (WO 2018/191784 A1) with annotated version thereof as applied in claims 1,2,3,5,8,11,12,16,18 and 19 and 20 above further in view of Katz et al. (US 2020/0207358 A1): PNG media_image9.png 722 555 media_image9.png Greyscale Re 17., RUSSELL teaches The method of claim 1, further comprising: detecting (“detecting”, pg. 29 [00165]) a finger 43 of the user in a video captured by the user device; determining that the finger overlaps a nose portion of the augmented reality eyewear (or likewise “Superposition of the digital representations 46 of the frames 12 on the face image”, pg. 24 [00144], and “the Glasses overlays the target facial features in the image frame”, pg. 38 [00222]); in response to determining that the finger overlaps the nose portion of the augmented reality eyewear, determining a direction of movement of the finger relative to eyebrows of the user (or likewise “directing the user to hold 44 the 99 system in front 45 of the face” 46 , pg. 50 [00306]); and moving the augmented reality eyewear relative to the nose portion by a specified amount based on an amount and direction of movement (or likewise “the user…moves further away 47 …the rendered glasses (also referred as to 3D representation of the selected spectacle frame)…for altered distance 48 between 49 the subject 50 and the 99 System”, pg. 49 [00299]) of the finger (or likewise said “subject”) relative to eyebrows of the user (or likewise “directing the user to hold the 99 system in front of the face, pg. 50 [00306])”). RUSSELL does not teach the difference of claim 17 of: a finger 51 … the finger… in response to determining that the finger 52 ( overlaps the nose portion… determining a direction of movement ) Katz teach the difference of claim 17 of: a finger 53 (or likewise “detect…including…occluding…fingers” [0129]: fig. 1: fingers)… 54 the finger (or likewise said “detect…including…occluding…finger…objects held by the user” [0129]: fig. 1:122: phone)… in response to determining that the finger 55 ( overlaps the nose portion… determining a direction of movement) 56 (or likewise “detect facial attributes… including… occluding the face 57 with… fingers”, [0129], “detecting and tracking 58 people and objects, and acts according to their … facial features” [0130] 1 st S: fig. 1: 111 person covering face as tracked with finger/hands holding phone). Since RUSSELL teaches known-in-the art tracking and problems (i.e., a reason to combine references as a solution to a problem) thereof: page 36: [00207] Facial Data [00208] The invention is designed to operate in an unconstrained wearer simulation environment. Achieving reliable facial data in such a scenario is a challenging task. Facial tracking and expression measurement approaches are available in the prior- art , for example, Active Appearance Models (AAMs) as taught in Coates, et al., "Active appearance models" , Proc. European Cont. on Computer Vision, vol. 2, pp. 484-98, (Springer, 1998) , however the authors are not aware of a system capable of performing with the accuracy and precision required without some form of constraint on image capture such as controlled lighting, constrained head pose or constrained subject expression. page 54: [00328] In another embodiment of the DMM capture sequence, the user shall be instructed via voice command, and or via text on the screen, to briefly look up just over the top of the device at something far away. Eye tracking technology in-built, and widely described in prior art , shall recognise when the user has shifted gaze upwards and over the screen, and the Purkinje images can now be captured whilst the eyes are truly in a DPD posture. Since the capture camera of smartphones are universally high up in the screen area, viewing over the top represents a small vertical misalignment which may be desirable to avoid for Fitting Heights measurement, and this small misalignment shall be compensated for by the DMM algorithms. one of skill in the art of tracking can make RUSSELL’s (fig. 7:207: “Adaptive expression extractor) be as Katz’s (fig. 2: face-modules) seeing in the change “the described technologies are directed to and address specific technical challenges and longstanding deficiencies in multiple technical areas, including but not limited to image processing, eye tracking”, Katz [0016] 1 st S: PNG media_image10.png 1887 1025 media_image10.png Greyscale Conclusion The prior art “nearest to the subject matter defined in the claims” (MPEP 707.05) made of record and not relied upon is considered pertinent to applicant's disclosure. The following table lists several references that are relevant to the subject matter claimed and disclosed in this Application. The references are not relied on by the Examiner, but are provided to assist the Applicant in responding to this Office action. Citation Relevance IDS cited GOLDBERG et al. (US 2020/219326 A1): an X-reference Goldberg teaches 3D-distance between the cameras (fig. 2:205,209) can provide 3D location (fig. 5,x,y,z): [0040] However, image 200 may be a two-dimensional image that does not include any information regarding the size and/or absolute location of any of the features of the user in the image. Three-dimensional location information for these and/or other features of the user can be obtained using an additional sensor 209 such as another camera, a motion sensor (e.g., for visual inertial odometry), a proximity sensor, a time-of-flight sensor, a laser range finder, or any other sensor capable of capturing three-dimensional location information for an object in the field of view of camera 205. In one example, sensor 209 may be implemented as another visible light camera that is spatially offset from camera 205 so that parallax information (e.g., a parallax effect between images captured by two stereo imaging cameras 205 and 209) and the known distance between the cameras can provide the three-dimensional location information. In another example, three-dimensional location information can be generated using structure-from-motion operations based on motion of the user relative to camera 205 and/or sensor 209 implemented as a camera. as the closest to the claimed “the distance between the face of the user and the user device” of claim 1. IDS cited VARADY et al. (US 2018/0336737 A1): an X-reference VARADY teaches increasing a projector-distance to determine a size: [0116] Alternatively or in addition to method 300, projected structured light may be used to determine scale with or without a calibration target shown in alongside an object of unknown size. For example, a system may include a device that illuminates an object of unknown size (e.g., a user) by projecting structured light onto the scene. This structured light can be visible or invisible to the user, but it may be visible to one or more imaging sensor(s). The image projected onto the user can be any number of geometric patterns, e.g., dots, a checkerboard, a grid of lines, etc. The imaging sensors can capture images of this projected pattern on the subject and analyze how the pattern distorts as it “wraps” onto the 3D geometry of the object of unknown size (e.g., the user). Such distortion can be used to not only determine 3D depth information, but also scale. For example, if a checkerboard pattern is projected onto an orthogonal plane a set distance from the projector, the observed size of each cell of the checkerboard may increase as the plane's distance from the projector increases . Such a method can be used to determine scale with or without the presence of a calibration target in the scene. The projected image may be the calibration target. as the closest to the claimed “the distance between the face of the user and the user device has increased” of claim 1. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS ROSARIO whose telephone number is (571)272-7397. The examiner can normally be reached Monday-Friday, 9AM-5PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Henok Shiferaw can be reached at 571-272-4637. 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. /DENNIS ROSARIO/Examiner, Art Unit 2676 /Henok Shiferaw/Supervisory Patent Examiner, Art Unit 2676 Application/Control Number: 18/773,011 Page 2 Art Unit: 2676 Application/Control Number: 18/773,011 Page 3 Art Unit: 2676 Application/Control Number: 18/773,011 Page 4 Art Unit: 2676 Application/Control Number: 18/773,011 Page 5 Art Unit: 2676 Application/Control Number: 18/773,011 Page 6 Art Unit: 2676 Application/Control Number: 18/773,011 Page 7 Art Unit: 2676 Application/Control Number: 18/773,011 Page 8 Art Unit: 2676 Application/Control Number: 18/773,011 Page 9 Art Unit: 2676 Application/Control Number: 18/773,011 Page 10 Art Unit: 2676 Application/Control Number: 18/773,011 Page 11 Art Unit: 2676 Application/Control Number: 18/773,011 Page 12 Art Unit: 2676 Application/Control Number: 18/773,011 Page 13 Art Unit: 2676 Application/Control Number: 18/773,011 Page 14 Art Unit: 2676 Application/Control Number: 18/773,011 Page 15 Art Unit: 2676 Application/Control Number: 18/773,011 Page 16 Art Unit: 2676 Application/Control Number: 18/773,011 Page 17 Art Unit: 2676 Application/Control Number: 18/773,011 Page 18 Art Unit: 2676 Application/Control Number: 18/773,011 Page 19 Art Unit: 2676 Application/Control Number: 18/773,011 Page 20 Art Unit: 2676 Application/Control Number: 18/773,011 Page 21 Art Unit: 2676 Application/Control Number: 18/773,011 Page 22 Art Unit: 2676 Application/Control Number: 18/773,011 Page 23 Art Unit: 2676 Application/Control Number: 18/773,011 Page 24 Art Unit: 2676 Application/Control Number: 18/773,011 Page 25 Art Unit: 2676 Application/Control Number: 18/773,011 Page 26 Art Unit: 2676 Application/Control Number: 18/773,011 Page 27 Art Unit: 2676 Application/Control Number: 18/773,011 Page 28 Art Unit: 2676 Application/Control Number: 18/773,011 Page 29 Art Unit: 2676 Application/Control Number: 18/773,011 Page 30 Art Unit: 2676 Application/Control Number: 18/773,011 Page 31 Art Unit: 2676 Application/Control Number: 18/773,011 Page 32 Art Unit: 2676 Application/Control Number: 18/773,011 Page 33 Art Unit: 2676 Application/Control Number: 18/773,011 Page 34 Art Unit: 2676 Application/Control Number: 18/773,011 Page 35 Art Unit: 2676 Application/Control Number: 18/773,011 Page 36 Art Unit: 2676 Application/Control Number: 18/773,011 Page 37 Art Unit: 2676 Application/Control Number: 18/773,011 Page 38 Art Unit: 2676 Application/Control Number: 18/773,011 Page 39 Art Unit: 2676 Application/Control Number: 18/773,011 Page 40 Art Unit: 2676 Application/Control Number: 18/773,011 Page 41 Art Unit: 2676 Application/Control Number: 18/773,011 Page 42 Art Unit: 2676 Application/Control Number: 18/773,011 Page 43 Art Unit: 2676 Application/Control Number: 18/773,011 Page 44 Art Unit: 2676 Application/Control Number: 18/773,011 Page 45 Art Unit: 2676 Application/Control Number: 18/773,011 Page 46 Art Unit: 2676 Application/Control Number: 18/773,011 Page 47 Art Unit: 2676 Application/Control Number: 18/773,011 Page 48 Art Unit: 2676 Application/Control Number: 18/773,011 Page 49 Art Unit: 2676 Application/Control Number: 18/773,011 Page 50 Art Unit: 2676 Application/Control Number: 18/773,011 Page 51 Art Unit: 2676 Application/Control Number: 18/773,011 Page 52 Art Unit: 2676 Application/Control Number: 18/773,011 Page 53 Art Unit: 2676 Application/Control Number: 18/773,011 Page 54 Art Unit: 2676 Application/Control Number: 18/773,011 Page 55 Art Unit: 2676 Application/Control Number: 18/773,011 Page 56 Art Unit: 2676 Application/Control Number: 18/773,011 Page 57 Art Unit: 2676 Application/Control Number: 18/773,011 Page 58 Art Unit: 2676 Application/Control Number: 18/773,011 Page 59 Art Unit: 2676 Application/Control Number: 18/773,011 Page 60 Art Unit: 2676 Application/Control Number: 18/773,011 Page 61 Art Unit: 2676 Application/Control Number: 18/773,011 Page 62 Art Unit: 2676 Application/Control Number: 18/773,011 Page 63 Art Unit: 2676 Application/Control Number: 18/773,011 Page 64 Art Unit: 2676 Application/Control Number: 18/773,011 Page 65 Art Unit: 2676 Application/Control Number: 18/773,011 Page 66 Art Unit: 2676 Application/Control Number: 18/773,011 Page 67 Art Unit: 2676 Application/Control Number: 18/773,011 Page 68 Art Unit: 2676 Application/Control Number: 18/773,011 Page 69 Art Unit: 2676 Application/Control Number: 18/773,011 Page 70 Art Unit: 2676 Application/Control Number: 18/773,011 Page 71 Art Unit: 2676 Application/Control Number: 18/773,011 Page 72 Art Unit: 2676 Application/Control Number: 18/773,011 Page 73 Art Unit: 2676 Application/Control Number: 18/773,011 Page 74 Art Unit: 2676 Application/Control Number: 18/773,011 Page 75 Art Unit: 2676 Application/Control Number: 18/773,011 Page 76 Art Unit: 2676 Application/Control Number: 18/773,011 Page 77 Art Unit: 2676 Application/Control Number: 18/773,011 Page 78 Art Unit: 2676 Application/Control Number: 18/773,011 Page 79 Art Unit: 2676 Application/Control Number: 18/773,011 Page 80 Art Unit: 2676 Application/Control Number: 18/773,011 Page 81 Art Unit: 2676 Application/Control Number: 18/773,011 Page 82 Art Unit: 2676 Application/Control Number: 18/773,011 Page 83 Art Unit: 2676 Application/Control Number: 18/773,011 Page 84 Art Unit: 2676 Application/Control Number: 18/773,011 Page 85 Art Unit: 2676 Application/Control Number: 18/773,011 Page 86 Art Unit: 2676 Application/Control Number: 18/773,011 Page 87 Art Unit: 2676 Application/Control Number: 18/773,011 Page 88 Art Unit: 2676 Application/Control Number: 18/773,011 Page 89 Art Unit: 2676 1 MPEP 2106.04(d)(1) Evaluating Improvements in the Functioning of a Computer, or an Improvement to Any Other Technology or Technical Field in Step 2A Prong Two [R-10.2019] , 2 nd para, last two sentences : “Second, if the specification sets forth an improvement in technology, the claim must be evaluated to ensure that the claim itself reflects the disclosed improvement. That is, the claim includes the components or steps of the invention that provide the improvement described in the specification. The claim itself does not need to explicitly recite the improvement described in the specification (e.g., "thereby increasing the bandwidth of the channel").” 2 Applicant’s disclosure: [0016]The disclosed techniques improve the efficiency of using an electronic device which implements or otherwise accesses an AR/VR system by computing a true or real-world scale of a user’s face by combining a select set of facial landmarks with a depth map of the user’s face. Specifically, the disclosed techniques receive an image that includes a depiction of a face of a user and generate a plurality of facial landmarks based on the received image. Facial landmarks (or landmarks on the face) can correspond to a predefined region of a person's face such as a nose, mouth, eyes, etc. The disclosed techniques remove a set of interfering facial landmarks from the plurality of facial landmarks resulting in a remaining set of landmarks of the plurality of landmarks. The disclosed techniques obtain a depth map for the face of the user and compute a real-world scale of the face of the user based on the depth map and the remaining set of landmarks. The real-world scale of the face is then used to adjust a size of an augmented reality element, such as augmented reality glasses (e.g., eyewear) or an augmented reality hat. The real-world scale together with a facial topology is also used to identify the appropriate position over which to add or display the augmented reality element on the user’s face. As the user moves the face around in a video, the positioning of the augmented reality element continues to be changed to remain fixed to the identified position of the face. The real-world scale of the face continues to be updated as new images of a video depicting the user’s face are received and processed in a similar manner. [0017]In this way, the disclosed techniques can apply one or more visual effects to the user’s face in the current image without performing any calibration operations or pre-capture operations. This improves the overall experience of the user in using the electronic device and reduces the overall amount of system resources needed to accomplish a task. 3 BROAD CLAIM LANGUAGE: -ing (of “comprising”): a suffix of nouns formed from verbs, expressing the action of the verb (comprise) or its result, product, material, etc . ( the art of building; a new building; cotton wadding ), wherein etc is defined: and others; and so forth; and so on (used to indicate that more of the same sort or class might have been mentioned, but for brevity have been omitted), wherein so is defined: likewise or correspondingly; also; too. (Dictionay.com) 4 lens: a piece of transparent substance, usually glass, having two opposite surfaces either both curved or one curved and one plane, used in an optical device in changing the convergence of light rays, as for magnification, or in correcting defects of vision, wherein substance is defined: substantial or solid character or quality, wherein quality is defined: an essential or distinctive characteristic, property , or attribute. (Dictionary.com) 5 measurement: a measured dimension, wherein dimension is defined: Mathematics . a property of space; extension in a given direction. (Dictionary.com) 6 “be” essentially means look at a figure (figs. 10,12,13: different pupil-center landmarks) (Dictionary.com) 7 factor: one of the elements contributing to a particular result or situation. (Dictionary.com) 8 temple: Anatomy . the flattened region on either side of the forehead in human beings. (Dictionary.com) 9 angle: the amount of rotation needed to bring one line or plane into coincidence with another, generally measured in radians or in degrees, minutes, and seconds, as in 12° 10prime; 30″, which is read as 12 degrees, 10 minutes, and 30 seconds, wherein radians is defined: Mathematics . the measure of a central angle subtending an arc equal in length to the radius: equal to 57.2958°. rad, wherein arc is defined: Geometry . any unbroken part of the circumference of a circle or other curved line , wherein line is defined: Mathematics . a continuous extent of length , straight or curved, without breadth or thickness; the trace of a moving point, wherein length is defined: a distance determined by the extent of something specified. (Dictionary.com) 10 Re “between” via applicant’s disclosure: --[0152]Changes and modifications may be made to the disclosed examples without departing from the scope of the present disclosure. These and other changes or modifications are intended to be included within the scope of the present disclosure, as expressed in the following claims.—wherein scope is defined: Linguistics, Logic. the range of words or elements of an expression over which a modifier (e.g. a patent examiner) or operator (e.g., me) has control. (Dictionary.com) 11 between: among , wherein among is defined: in the number, class, or group of; of or out of, wherein of is defined: ( used to indicate possession, connection, or association ). (Dictionary.com) 12 by: in consequence, as a result, or on the basis of , wherein of is defined: ( used to indicate possession, connection, or association ). (Dictionary.com) 13 by: in consequence, as a result, or on the basis of , wherein of is defined: ( used to indicate possession, connection, or association ). (Dictionary.com) 14 The struck-out text “does not limit the scope of a claim under the broadest reasonable claim interpretation” in view of MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024] , 3 rd para, 2 nd & 3 rd Ss. 15 by: in consequence, as a result, or on the basis of , wherein of is defined: ( used to indicate possession, connection, or association ). (Dictionary.com) 16 by: in consequence, as a result, or on the basis of , wherein of is defined: ( used to indicate possession, connection, or association ). (Dictionary.com) 17 prompt: Computers . (of a computer system) to send a message or symbol to (a user) requesting information or instructions, usually by displaying the message or symbol on a screen, wherein message is defined: Computers . a warning , permission, etc., communicated by the system or software to the user. (Dictionary.com) 18 Applicant’s disclosure: “[0150] ‘ Non-transitory computer-readable storage medium’ refers to a tangible medium that is capable of storing, encoding, or carrying the instructions for execution by a machine.” 19 Claim 20’s: “non-transitory computer-readable medium” is not the same, due to the word “ storage ”, as said [0150]’s: --Non-transitory computer-readable storage medium—and thus does not mean/is not defined as the disclosed [0150]’s -- Non-transitory computer-readable storage medium’ refers to a tangible medium that is capable of storing, encoding, or carrying the instructions . Thus claim 20 is not rejected under 35 USC 101. 20 Claim 20’s “A non-transitory computer-readable medium” is interpreted, as one of ordinary skill in the art would in view of applicant’s disclosure, in plain meaning to mean exactly what is says: A non-transitory computer-readable medium. 21 glass: Also called eyeglasses. glasses, a device to compensate for impaired vision or to protect the eyes from light, dust, and the like, consisting usually of two glass or plastic lenses set in a frame that includes a nosepiece for resting on the bridge of the nose and two sidepieces extending over or around the ears (usually used with pair of ). (Dictionary.com) 22 and: (used to connect alternatives ). (Dictionary.com) 23 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024] , 3 rd para, 2 nd & 3 rd Ss: --Language (“ and ” is based on the context of selected/taken examples in applicant’s disclosure [0104]: “For example ”) that suggests or makes a feature or step (“deforming a plurality of portions of the augmented reality eyewear in response to determining that the rigid material properties correspond to a second rigidity amount“) optional (“ and ” is used to indicate alternatives) but does not require that feature or step (“deforming a plurality of portions of the augmented reality eyewear in response to determining that the rigid material properties correspond to a second rigidity amount“) does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives (“deforming a first portion of the augmented reality eyewear in response to determining that the rigid material properties correspond to a first rigidity amount; and deforming a plurality of portions of the augmented reality eyewear in response to determining that the rigid material properties correspond to a second rigidity amount “), the prior art teaches the element if one of the alternatives is taught by the prior art.—wherein example is defined: one of a number of things, or a part of something, taken [Markush alternative language] to show the character of the whole , wherein whole is defined: the whole assemblage of parts or elements belonging to a thing; the entire quantity, account, extent, or number, wherein assemblage is defined: a group [Markush alternative language] of persons or things gathered or collected; an assembly; collection; aggregate. (Dictionary.com). 24 The struck-out text “does not limit the scope of a claim under the broadest reasonable claim interpretation” in view of MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024] , 3 rd para, 2 nd & 3 rd Ss. 25 italics represent claim limitation already taught 26 ellipses (…) represent claim limitations already taught 27 deform: to change the form of; transform . (Dictionary.com) 28 italics represent claim limitation already taught 29 ellipses (…) represent claim limitations already taught 30 according to: consistent with; in conformity with, wherein conformity is defined: correspondence in form, nature, or character; agreement, congruity, or accordance. (Dictionary.com) 31 BROAD CLAIM LANGUAGE: “-ing” (of determining): a suffix of nouns formed from verbs (determine), expressing the action of the verb (determine) or its result, product, material, etc . ( the art of building; a new building; cotton wadding ). (Dictionary.com) 32 design: to intend for a definite purpose, wherein definite is defined: clearly defined or determined ; not vague or general; fixed; precise; exact. (Dictionary.com) 33 based: the simple past tense and past participle of base , wherein past participle is defined: a participial form of verbs (base) used to modify a noun (topology) that is logically the object of a verb (determining), also used in certain compound tenses and passive forms of the verb in English and other languages, wherein base is defined: to have a basis; be based (usually followed by on or upon ), wherein based is defined: to place or establish on a base or basis ; ground; found (usually followed by on or upon ), wherein basis is defined: a basic fact, amount, standard, etc., used in making computations, reaching conclusions, or the like. (Dictionary.com). 34 factor: one of the elements contributing to a particular result or situation. (Dictionary.com) 35 recommend ation: wherein recommend is defined: to advise, as an alternative; suggest (a choice, course of action, etc.) as appropriate, beneficial, or the like . (Dictionary.com) 36 prompt: (tr) to give rise to by suggestion (Dictionary.com) 37 BROAD CLAIM LANGUAGE: the highest or leading place, position, rank, etc ., wherein etc is defined: and others; and so forth; and so on (used to indicate that more of the same sort or class might have been mentioned, but for brevity have been omitted), wherein so is defined: likewise or correspondingly; also; too.(Dictionary.com) 38 and: (used to connect alternatives) (Dictionary.com) 39 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024] , 3 rd para, 2 nd & 3 rd Ss:--Language (“visibility and stability parameters”) that suggests or makes a feature or step optional (“and” suggests alternatives as indicated in applicant’s disclosure [0051]) but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives (“visibility and stability parameters”), the prior art teaches the element if one of the alternatives is taught by the prior art.-- 40 shape: something used to give form, as a mold or a pattern , wherein pattern is defined: a distinctive style, model , or form (Dictionary.com) 41 The struck-out text “does not limit the scope of a claim under the broadest reasonable claim interpretation” in view of MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024] , 3 rd para, 2 nd & 3 rd Ss. 42 threshold: a level or point at which something would happen, would cease to happen, or would take effect, become true, etc, wherein level is defined: an extent , measure, or degree of intensity, achievement, etc.., wherein extent is defined: the space or degree to which a thing extends; length, area, volume, or scope , wherein scope is defined: extent or range of view, outlook, application, operation, effectiveness, etc., wherein range is defined: the extent to which or the limits between which variation is possible. (Dictioanry.com) 43 “a finger” being the object of “detecting” 44 hold: to bear, sustain, or support, as with the hands or arms, or by any other means, wherein hand is defined: the terminal, prehensile part of the upper limb in humans and other primates, consisting of the wrist, metacarpal area, fingers , and thumb. (Dictionary.com) 45 front: the fore most part or surface of anything, wherein fore is defined: situated at or toward the front, as compared with something else, wherein toward is defined: with respect to ; as regards, wherein to is defined: (used for expressing a relative position). (Dictionary.com) 46 face: the front part of the head, from the forehead to the chin, wherein forehead is defined: the part of the face above the eyebrows ; brow . (Dictionary.com) 47 away: aside; to another place; in another direction . (Dictionary.com) 48 distance: the extent or amount of space between two things, points, lines, etc. (Dictionary.com) 49 between: in the space separating (two points, objects, etc.), wherein separate is defined: to keep apart or divide, as by an intervening barrier or space, where apart is defined: to or at one side, with respect to place, purpose, or function, wherein to is defined: (used for expressing a relative position). (Dictionary.com) 50 subject: a person or thing that undergoes or may undergo some action, wherein person is defined: a human being , whether an adult or child, wherein human being is defined: any individual of the genus Homo , especially a member of the species Homo sapiens , wherein Homo sapiens is defined: the species of bipedal primates to which modern humans (Homo sapiens sapiens ) belong, characterized by a large brain, a nearly vertical forehead , a skeletal build lighter and teeth smaller than earlier humans, and dependence upon language and the creation and utilization of complex tools: the species has existed for about 200,000 years, wherein primates is defined: Anthropology, Zoology . any of various worldwide omnivorous mammals of the order Primates, comprising, by modern classification, two suborders, the strepsirrhines (lemurs, lorises, and their allies) and the haplorhines (tarsiers, New World monkeys, Old World monkeys, and apes, including humans), especially distinguished by the use of hands , varied locomotion, and complex behavior involving a high level of social interaction and cultural adaptability: many primates are strictly arboreal, but even among the numerous terrestrial species, some arboreal behavior is common, wherein hands is defined: the terminal, prehensile part of the upper limb in humans and other primates, consisting of the wrist, metacarpal area, fingers , and thumb, wherein forehead is defined: the part of the face above the eyebrows; brow, wherein face is defined: the front part of the head , from the forehead to the chin, wherein head is defined: the upper part of the body in humans, joined to the torso by the neck and containing the brain, eyes, ears, nose , and mouth. (Dictionary.com) 51 “a finger” being the object of “detecting” 52 “the finger” being the object of “determining”. 53 “a finger” being the object of “detecting” 54 ellipses (…) represent claim limitations already taught 55 “the finger” being the object of “determining”. 56 ( italics ) represent claim limitations already taught 57 face is defined: the front part of the head , from the forehead to the chin, wherein head is defined: the upper part of the body in humans, joined to the torso by the neck and containing the brain, eyes, ears, nose , and mouth. (Dictionary.com) 58 track: (of a camera or camera operator) to follow (a moving object) in any direction while operating (Dictioanry.com)
Prosecution Insights