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 .
Double Patenting
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-13, 15-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5, 7, 9, 10, 12, 14, 15, 17-21 of U.S. Patent No. 11,612,203. Although the claims at issue are not identical, they are not patentably distinct from each other because the notion of the claims does refer to the same invention and claim 1 of the current application corresponds with claim 5 of U.S. Patent No. 11,612,203. Claim 5 of U.S. Patent No. 11,612,203 anticipates claim 1 of the current application because it includes all of the limitations of claim 1 of the current application.
Below is a limitation mapping between claim 1 of the current application and claim 5 of U.S. Patent No. 11,612,203
Current Application
U.S. Patent No. 11,612,203
1. A method comprising: generating a three-dimensional preview image on a computer screen of a garment with a finishing pattern created using an input file, wherein the preview image is a preview image of the garment, simulated to have an appearance when the garment is worn by a person, and a user can select an angle from which to view the garment, and the generating comprises providing a base image of the garment without the finishing pattern, generating an adjusted base image from the base image of the garment without the finishing pattern, generating a pattern mask based on the input file, for a pixel at a pixel location of the preview image, obtaining a first contribution for the pixel location of the preview image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the base image, for the pixel at the pixel location of the preview image, obtaining a second contribution at the pixel location for the preview image by combining a second value for the pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the preview image, and displaying the generated preview image on the computer screen comprising the color value for the pixel at the pixel location.
5. A method comprising: generating a preview image on a computer screen of a garment with a finishing pattern created using a laser input file by a laser, wherein the preview image is a three-dimensional preview image of the garment after a postlaser wash, simulated to have an appearance when worn by a person, and is rotatable in three dimensions to be viewed from an angle selected by a user, and the generating comprises providing a base image of the garment without the finishing pattern, generating an adjusted base image from the base image of the garment without the finishing pattern, generating a pattern mask based on the laser input file, for a pixel at a pixel location of the preview image, obtaining a first contribution for the pixel location of the preview image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the base image, for the pixel at the pixel location of the preview image, obtaining a second contribution at the pixel location for the preview image by combining a second value for the pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the preview image, and displaying the generated preview image on the computer screen comprising the color value for the pixel at the pixel location.
Below part 1 of a claim mapping between the current application and U.S. Patent No. 11,612,203.
Current Application
1
2
3
4
5
6
7
8
9
U.S. Patent No. 11,612,203
5
6
7
9
10
12
14
15
17
Below part 2 of a claim mapping between the current application and U.S. Patent No. 11,612,203.
Current Application
10
11
12
13
15
16
17
18
19
U.S. Patent No. 11,612,203
18
19
20
21
1
1
1
1
2
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,035,774. Although the claims at issue are not identical, they are not patentably distinct from each other because the notion of the claims does refer to the same invention and claim 1 of the current application corresponds with claim 1 of U.S. Patent No. 12,035,774. Claim 1 of U.S. Patent No. 12,035,774 anticipates claim 1 of the current application because it includes all of the limitations of claim 1 of the current application.
Below is a limitation mapping between claim 1 of the current application and claim 1 of U.S. Patent No. 12,035,774.
Current Application
U.S. Patent No. 12,035,774
1. A method comprising: generating a three-dimensional preview image on a computer screen of a garment with a finishing pattern created using an input file, wherein the preview image is a preview image of the garment, simulated to have an appearance when the garment is worn by a person, and a user can select an angle from which to view the garment, and the generating comprises providing a base image of the garment without the finishing pattern, generating an adjusted base image from the base image of the garment without the finishing pattern, generating a pattern mask based on the input file, for a pixel at a pixel location of the preview image, obtaining a first contribution for the pixel location of the preview image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the base image, for the pixel at the pixel location of the preview image, obtaining a second contribution at the pixel location for the preview image by combining a second value for the pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the preview image, and displaying the generated preview image on the computer screen comprising the color value for the pixel at the pixel location.
1. A method comprising: generating a three-dimensional preview image on a computer screen of a garment with a finishing pattern created using a laser input file by a laser, wherein the preview image is a preview image of the garment after a postlaser wash, simulated to have an appearance when the garment is worn by a person, and a user can select an angle from which to view the garment by way of a touch screen interface of the computer screen, and the generating comprises providing a base image of the garment without the finishing pattern, generating an adjusted base image from the base image of the garment without the finishing pattern, generating a pattern mask based on the laser input file, for a pixel at a pixel location of the preview image, obtaining a first contribution for the pixel location of the preview image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the base image, for the pixel at the pixel location of the preview image, obtaining a second contribution at the pixel location for the preview image by combining a second value for the pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the preview image, and displaying the generated preview image on the computer screen comprising the color value for the pixel at the pixel location.
Below part 1 of a claim mapping between the current application and U.S. Patent No. 12,035,774.
Current Application
1
2
3
4
5
6
7
8
9
10
U.S. Patent No. 12,035,774
1
2
3
4
5
6
7
8
9
10
Below part 2 of a claim mapping between the current application and U.S. Patent No. 12,035,774.
Current Application
11
12
13
14, 1
15
16
17
18
19
20, 15
U.S. Patent No. 12,035,774
11
12
13
1
15
16
17
18
19
15
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the double patenting rejection(s) set forth in this Office action by amending the claims as appropriate or filing a terminal disclaimer.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Costin et al. (US 2005/0131571)(Hereinafter referred to as Costin).
Costin teaches a technique of visualizing simulated laser etched designs on jeans and purchasing jeans where they then proceed to laser etching (The user then selects a graphic to be formed on the denim. FIG. 6A shows the categories of graphics that can be selected. The user can select from text, Logos, wallpapers, graphics, or custom. Each selection brings up at least one other submenu, including further subcategories and/or choices. The text selection can bring up font and point menus, as described later herein. Logos can bring up a library of prestored logos, licensed from different sources, e.g., professional sports logos, science fiction theme or comic book logos, or the like. If any logo is licensed from a source that requires a fee for its use, then the fee is included within the price calculation as explained herein. Wallpapers allow the user to select different kinds of design to cover the entirety of the denim, e.g. simulated sandblast, or other custom designs for new designs on denim. These new designs are described in our provisional application Nos. 60/102,363 and 60/102,525, the disclosures of which are herewith incorporated by reference. Graphics can include any of a multitude of different libraries of images. FIG. 6A shows selecting graphics, and the user then gets a submenu to select from a menu of choices of the categories of graphic images to form on the denim. Any number of submenus can be displayed. For example, the selection of Agraphics@ in FIG. 6A might bring up the subcategories, Aircraft, animals, arrows, birds, borders, crests, designs, dinosaur, fish, flowers, horoscope, indian designs, local abrasion, ship, space, sports. For the example in FIG. 6A, the user has chosen Flowers.See paragraph [0036-0039])( FIG. 7 is the next element in the series, where the selected graphic is shown simulated on the jeans. The user can also modify the graphic and its location by dragging the graphic to a different location on the jeans, and/or dragging the edge of the image to enlarge or contract the image. See paragraph [0043])( Preferably the garment is formed by laser-etching the desired designs in the garment, as described in our copending applications Ser. Nos. 08/844,114 and 08/729,493. The central location can be regional or national. It preferably includes a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer from the remote computer over the data link. See paragraph [0049]).
Regarding claim 1, Costin is silent to the limitations “wherein the preview image is a preview image of the garment, simulated to have an appearance when the garment is worn by a person, and a user can select an angle from which to view the garment, for a pixel at a pixel location of the preview image, obtaining a first contribution for the pixel location of the preview image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the base image, for the pixel at the pixel location of the preview image, obtaining a second contribution at the pixel location for the preview image by combining a second value for the pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the preview image, and displaying the generated preview image on the computer screen comprising the color value for the pixel at the pixel location. ” Of claim 1 when read in light of the rest of the limitations in claim 1 and thus claim 1 contains allowable subject matter.
Regarding claim 15, Costin is silent to the limitations “wherein a preview image of the garment previewing tool shows the jeans garment with finishing pattern, and the user can select an angle in three dimensions from which to view the jeans garment, for a pixel at a pixel location of the second garment preview image, obtaining a first contribution for the pixel location of the second garment preview image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the jeans base image, for the pixel at the pixel location of the second garment preview image, obtaining a second contribution at the pixel location for the second garment preview image by combining a second value for the pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second garment preview image, and displaying the color value for the pixel at the pixel location in the second garment preview image. ” of claim 15 when read in light of the rest of the limitations in claim 15 and thus claim 15 contains allowable subject matter.
Claims 2-14 and 16-20 contain allowable subject matter because they depend on a claim that contains allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS R WILSON whose telephone number is (571)272-0936. The examiner can normally be reached M-F 7:30-5:00PM.
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/NICHOLAS R WILSON/Primary Examiner, Art Unit 2611