DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on/after Mar. 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Allowable Subject Matter
Claims 8-10 and 16-18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 8 and claim 16, the prior art of record does not teach, suggest, or disclose the claim limitation “receiving a user input specifying a stiffness of the mesh of the … cloth model to customize transition of deformation from the edges into interior of the … cloth model responsive to the applying of the stretching or shrinking at the edges of the … cloth model”.
Hadap (U.S. PG-PUB 2007/0247465) discloses “… the animator simulates the cloth by a cloth simulator 4 as illustrated in FIG. 1 where the force simulator 6 is consistent with FIGS. 2-4. FIG. 5 shows the character 52 and the animated goal shape 54 (e.g., by animated the lattice deformer 46 … The resulting goal forces 56 and the simulated cloth 58 are also shown. … the animator can simulate the cape using off-the-shelf cloth simulator … Typically, the cloth simulator 4 provides only the high-level control over the cape's simulated motion in terms of physical parameters such as mass, stretch and bend stiffness and external force fields such as wind and turbulence. Note that the illustrated goal forces 56 can be considered as a set of individual springs (e.g., with stiffness and damping constants as in FIG. 3) inserted between the goal shape 54 and the simulated cloth 58 so that the goal forces 56 attract the simulated cloth 58 to the goal shape 54. Depending on the requirements for the animation, the animator can control how much the simulated cloth can deviate from the animated goal shape by varying the stiffness constants to tighten or loosen the springs” (Hadap, ¶ 0031). Hadap teaches receiving a user input specifying a stiffness of the mesh of the … cloth model as emphasized above; however, Hadap does not teach, suggest, or disclose to customize transition of deformation from the edges into interior of the … cloth model responsive to the applying of the stretching or shrinking at the edges of the … cloth model, as Hadap fails to teach, suggest, or disclose a transition of deformation or edge(s) … of the … cloth model.
Dependent claims 9-10 and 17-18 are similarly objected to, as they depend directly from claims 8 and 16, respectively, which are objected to as explained in the Office action above.
Claim Objections
Claims 1, 11, and 19 are objected to because of the following informalities:
The Examiner believes that the claim limitation 'radio' is a misspelling of the intended claim limitation 'ratio'. Appropriate correction is required.
The Examiner objects to the claim limitation “identifying size mismatches between the second cloth model and the avatar model at vicinity of the edges” recited in independent claims 1, 11, and 19. The Examiner asserts that the specification does not reasonably describe the metes and bounds of ‘size mismatches’ between an avatar (body) model and a cloth (garment) model. The Examiner is not certain whether the ‘mismatch(es)’ might exist as a space between the cloth and the avatar, indicating a local measure of tightness/looseness, or the ‘mismatch(es)’ might exist as a discrepancy between the hem line(s)/inseam(s)/sleeve length(s) of the garment versus the length of the avatar’s arms, legs, etc. The Examiner is choosing to interpret the ‘mismatch(es)’ as the former, such that the cloth (garment) model should drape as tightly/loosely to the avatar (body) model’s skin as desired by the user.
The Examiner objects to the claim limitation “when the second cloth model is fitted on the avatar model” as the Examiner regards this limitation to contain a ‘contingent clause’ as described in MPEP 2111.04, § II. ‘Adapted to," "Adapted for," "Wherein," "Whereby," and Contingent Clauses’, which states “The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.” The Examiner asserts that the independent claims, as recited, do not strictly require fitting, as the claim limitation when is indeterminate as to a specific time that fitting may or may not particularly occur. The Examiner recommends an amendment to recite a distinct fitting step in the active voice: “fitting the second cloth model on the avatar model”. The Examiner will interpret the independent claims according to a fitting step that definitely occurs, as suggested above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 USC 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.
Claims 1-7, 11-15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hua et al. (U.S. PG-PUB 2017/0161948, 'HUA') in view of Feld et al. (U.S. PG-PUB 2001/0026272, 'FELD').
Regarding claim 1, HUA discloses a method comprising:
receiving an avatar model specifying a [3-D] shape of an avatar in a [3-D] virtual reality world (HUA; FIG. 2; ¶ 0071; “At Step 202, a target body mesh may be received [‘receiving an avatar model specifying a [3-D] shape of an avatar’] … At Step 202, a template body mesh may also be received … A template body mesh may be received when … garment mesh(es) is/are to be deformed from a template body mesh to the target body mesh.” FIG. 1; ¶ 0066; “… rendering engine 180 … produces rendered frames of the deformed and/or layered garment meshes and target body mesh for offline or real-time viewing. … rendering engine 180 may receive modified (deformed and/or layered) garment meshes along with other data (such as avatar model, background scenes [‘[3-D] virtual reality world’], accessories, etc.) for producing rendered frames.)”), the avatar model having a first overall size (HUA; FIG. 2; ¶ 0033; “… the shape(s) of the modified garment meshes may become larger, smaller, shifted upwards or downwards, according to the size of the target body mesh [‘the avatar model having a first overall size’] with respect to the original template body mesh.”);
receiving a first cloth model specifying a mesh representative of a piece of virtual clothing (HUA; FIGS. 1-2; ¶ 0071; “At Step 204, … garment mesh(es) may be received [‘receiving a … cloth model specifying a mesh representative of a piece of virtual clothing’] … A single garment mesh may be received for deformation … Garment meshes may be received for layering … Garment meshes may be received for both deformation (by deformation engine 120) and layering (by layering engine 130).”), the first cloth model having a second overall size (HUA; FIG. 2; ¶ 0033; “… the shape(s) of the modified garment meshes may become larger, smaller, shifted upwards or downwards, according to the size of the target body mesh with respect to the original template body mesh.” ¶ 0048; “… a garment mesh may be understood to mean a 3D representation of a garment. A garment mesh may include associated garment information such as … one or more of a garment identifier, texture information, … material information, rendering options, sizing information, layering order and date. The garment meshes that are received represent a 3D polygonal mesh as fitted to a template body mesh. The sources of garment and body meshes may include any suitable source for capturing images, scanning materials, or any software that can be used to create the mesh. Sources may include … cameras, video recorders, 3D scanners, digital authoring tools for 3D artists, and publicly and/or privately accessible libraries of 3D meshes … Equipment may be used to capture information data that may be transformed to meshes through software.”);
scaling, according to a ratio between the first overall size and the second overall size, the first cloth model uniformly to generate a second cloth model (HUA; FIG. 7; ¶ 0110; “Length adjustment module 122 may adjust the vertical length of the mapped garment mesh (Step 716). The mapped garment mesh may be adjusted to compensate for the effect of the garment lengthening during the mapping process. Referring to FIGS. 15A-15C, the length of the mapped garment mesh [‘generate a second cloth model’] may be scaled proportionally to the length of the target body mesh with respect to the length of the template body mesh. … as shown in FIG. 15B, the target body mesh is taller than the template body mesh of FIG. 15A. During mapping, the mapped garment mesh may also become longer. This may be deemed to be an unrealistic lengthening compared to typical garment fitting.”) ([This limitation is taught by FELD.]).
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HUA does not explicitly disclose that the second cloth model has … edges, which FELD discloses (FELD; FIGS. 10-11; ¶ 0081; “A designer may select … stitch(es) by specifying the stitch type and position. … the stitch position may be selected by highlighting … edge(s) 242, seam lines, hem lines, fold lines … of a pattern 204, then specifying the stitch type to be associated with the selection. The stitch types together with their material properties and specified positions on the [2-D] pattern(s) can be used … to more realistically simulate the virtual [3-D] wear article on the virtual model.”).
FELD continues to disclose the following limitations:
identifying size mismatches between the second cloth model and the avatar model at vicinity of the edges when the second cloth model is fitted on the avatar model (FELD; FIG. 4; ¶ 0070; “… fitting room system 26 can have a scale 109 with a sliding pointer 111 that indicates the relative fit of the virtual wear article(s) 16 on the virtual model 24, and thus the fit of the actual wear article on the person. The scale 109 includes "tight", "fit" and "loose" portions and thus provides a further means of indicating whether the wear article is of the proper size. Ideally, a proper size of the wear article is found when the pointer 111 is in the "fit" portion of the scale 109 between the "tight" and "loose" portions. However, the individual user may prefer a tighter or looser fit and thus select a smaller or larger size of wear article.” [The Examiner asserts that a person having ordinary skill in the art of simulating the draping of virtual … articles of clothing on an avatar understands that ‘identifying size mismatches’ is addressed technologically by having a user correct said mismatches using the graphical user interface disclosed in FIG. 4 in FELD. Specifically, the adjustment of the slider 111 on ‘tightness/looseness’ scale 109 is a process to redress sizing irregularities, which is analogous to ‘identifying size mismatches.’]); and
transforming the second cloth model into a third cloth model by applying stretching or shrinking at the edges of the second cloth model to reduce the size mismatches, wherein the stretching or shrinking at the edges induces changes in vicinity of the edges in the transforming of the second cloth model into the third cloth model (FELD; FIG. 11; ¶ 0088; “In addition to changing the material types, material designs and stitch types, the dimensions, shapes, seam lines, and location markers for the patterns 204 and the virtual [3-D] wear article 207 can be changed in real time through well-known click and drag techniques [‘transforming the second cloth model into a third cloth model’] … in either the [2-D] window(s) 203 or the [3-D] window 208. … a cursor 240 can be positioned in the [3-D] window 208 on a lower edge 242 of the dress 220 and then, through a well-known click and drag technique, can highlight and move the lower edge 242 either up or down and thus change the length of the dress [‘applying stretching/shrinking’]. The lower edges 242 of the panels 222a and 222b are automatically changed a corresponding amount. Likewise, the position of the lower edges 242 of the panels 222a and 222b can be changed in the [2-D] window 203 and the lower edge 242 in the [3-D] window 208 is changed a corresponding amount, preferably automatically and in real-time. Each of the edges, seam lines, hem lines [‘induces changes in vicinity of the edges’] … of the [2-D] patterns and/or [3-D] wear article can be changed in a similar manner, including the length/radius of arcs, the relative angle between edges …”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the method of HUA to include the disclosure that the … cloth model has … edges, the identifying size mismatches between the … cloth model and the avatar model at vicinity of the edges when the … cloth model is fitted on the avatar model, and the transforming the … cloth model into a … cloth model by applying stretching or shrinking at the edges of the … cloth model to reduce the size mismatches, wherein the stretching or shrinking at the edges induces changes in vicinity of the edges in the transforming of the … cloth model into the … cloth model of FELD. The motivation for this modification is to conform a virtual 3-D wear article to a virtual 3-D model within constraints imposed by physics and/or user preferences. This enables the virtual wear article to stretch, flex, sag, etc., on the virtual model to better approximate the real-life fit and look of the wear article on an avatar during design of the wear article (FELD, Abstract).
Independent claim 11, excepting its preamble, is identical to independent claim 1. Therefore, the same motivation(s) to combine the aforementioned references will be maintained.
Regarding claim 11, HUA-FELD disclose a non-transitory computer-storage medium storing instructions configured to instruct a computer device (HUA; FIG. 21; ¶ 0145; “… memory 2106 may include any suitable non-transitory computer readable storage medium storing computer-readable instructions 2108 executable by processor 2102 for performing the operations”) to perform a method, the method comprising: … ([The remaining claim limitations are repeated verbatim from those recited in parallel independent claim 1. See the Office action above for the rationale for their rejection(s).]).
Independent claim 19, excepting its preamble, is nearly identical to independent claim 1. Therefore, the same motivation(s) to combine the aforementioned references will be maintained.
Regarding claim 19, HUA-FELD disclose a computing system, comprising: memory configured to store: … at least one processing device (HUA; FIG. 21; ¶ 0143; “… computer system 2100 may include processor 2102, memory 2106 …”) configured to: scale … ([The remaining claim limitations are repeated mostly verbatim from those recited in parallel independent claim 1. See the Office action above for the rationale for their rejection(s).]).
Regarding claim 2, HUA-FELD disclose the method of claim 1, further comprising: performing a physical simulation of fitting the third cloth model on the avatar model to generate a fourth cloth model as worn on the avatar (FELD; ¶ 0068; “… strain and gravitational forces are taken into account for each vertex so that the wear article hangs naturally on the model [‘physical simulation of fitting the third cloth model on the avatar model’].” FIG. 4; ¶ 0071; “The position of the pointer 111 along the scale 109 is preferably determined by finding a cross section of the virtual wear article where the forces are greatest toward the virtual model. If the forces at the cross section are within a predetermined range of values, the pointer 111 will be coincident with the "fit" portion of the scale. If the forces are below the range, the pointer 111 will be coincident with the "loose" portion of the scale. Likewise, if the forces are above the range, the pointer will be coincident with the "tight" portion of the scale. It is enough that one cross section is relatively tight and that the remaining cross sections are relatively loose in order to determine a tight fit. The user may check the fit of other parts of the virtual wear article by positioning a pointer over the desired area of the virtual wear article. It is to be understood that other forces can be used to assess the relative fit of the virtual wear article on the virtual model.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the method of claim 2 of HUA-FELD to include the performing a physical simulation of fitting the … cloth model on the avatar model to generate a … cloth model as worn on the avatar of FELD. The motivation for this modification is to render a more accurate likeness of the wearable article on an object that may be compromised by the material stiffness, thickness, or the like by taking into consideration the amount of stretching, sagging and/or bunching (FELD; ¶ 0068).
Regarding claim 3, HUA-FELD disclose the method of claim 2, further comprising: receiving a user input customizing the physical simulation (FELD; ¶ 36-38; FIG. 4; ¶ 70-71; “… the fitting room system 26 can have a scale 109 with a sliding pointer 111 that indicates the relative fit of the virtual wear article(s) 16 on the virtual model 24, and thus the fit of the actual wear article on the person [‘user input customizing the physical simulation’]. The scale 109 includes "tight", "fit" and "loose" portions and thus provides a further means of indicating whether the wear article is of the proper size. … a proper size of the wear article is found when the pointer 111 is in the "fit" portion of the scale 109 between the "tight" and "loose" portions. However, the individual user may prefer a tighter or looser fit [‘customizing the physical simulation’] and thus select a smaller or larger size of wear article. The position of the pointer 111 along the scale 109 is … determined by finding a cross section of the virtual wear article where the forces are greatest toward the virtual model … The user may check the fit of other parts of the virtual wear article by positioning a pointer [‘receiving a user input’] over the desired area of the virtual wear article.”).
Regarding claim 4, HUA-FELD disclose the method of claim 3, wherein the physical simulation includes computing of draping (FELD; ¶ 0073; “… the suitability and fit of selected wear articles can be determined with greater ease and accuracy than prior art systems. … the manner in which the material of a virtual wear article fits, drapes, sags, stretches, and so on, about the virtual model more closely simulates the actual user or person trying on wear articles in a clothing store.”), folding (FELD; ¶ 0068; “The amount of stretching, sagging and/or bunching may be compromised by the material stiffness, thickness, or the like, and therefore may be taken into consideration to render a more accurate likeness of the wear article on an object.”), stretching and shrinking in portions of the fourth cloth model as worn on the avatar (FELD; FIG. 11; ¶ 0088; “… a cursor 240 can be positioned in the [3-D] window 208 on a lower edge 242 of the dress 220 and then, through a well-known click and drag technique, can highlight and move the lower edge 242 either up or down and thus change the length of the dress. The lower edges 242 of the panels 222a and 222b [‘portions of the fourth cloth model as worn on the avatar’] are automatically changed a corresponding amount. Likewise, the position of the lower edges 242 of the panels 222a and 222b can be changed in the [2-D] window 203 and the lower edge 242 in the [3-D] window 208 is changed a corresponding amount, preferably automatically and in real time.”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the method of claim 3 of HUA-FELD to include the computing of draping, folding, stretching and shrinking in portions of the … cloth model as worn on the avatar of FELD. The motivation for this modification is to enable the user is make better decisions about remotely purchasing wearable articles, thereby reducing the likelihood of returns due to improper fit (FELD; ¶ 0073).
Regarding claim 5 and claim 13, HUA-FELD disclose the method of claim 2 and the non-transitory computer storage medium of claim 12, further comprising: collapsing the fourth cloth model onto the avatar model to generate a fifth cloth model (HUA; FIG. 16; ¶ 0120; “At Step 1610, the selected garment mesh is collapsed onto the target body mesh …” FIGS. 17A-C; ¶ 0132; “A goal of the collapse step (Step 1610) may be to completely collapse the selected garment mesh onto the target body mesh.”).
Regarding claim 6 and claim 14, HUA-FELD disclose the method of claim 1 and the non-transitory computer storage medium of claim 11, further comprising: receiving a user input specifying a degree of reduction of the size mismatches at the edges (FELD; FIG. 4; ¶ 0070-71; “… the fitting room system 26 can have a scale 109 with a sliding pointer 111 [‘receiving a user input’] that indicates the relative fit of the virtual wear article(s) 16 on the virtual model 24, and thus the fit of the actual wear article on the person. The scale 109 includes "tight", "fit" and "loose" portions and thus provides a further means of indicating whether the wear article is of the proper size. Ideally, a proper size of the wear article is found when the pointer 111 is in the "fit" portion of the scale 109 between the "tight" and "loose" portions. However, the individual user may prefer a tighter or looser fit and thus select a smaller or larger size of wear article [‘specifying a degree of reduction of the size mismatches at the edges’]. The position of the pointer 111 along the scale 109 is preferably determined by finding a cross section of the virtual wear article where the forces are greatest toward the virtual model. If the forces at the cross section are within a predetermined range of values, the pointer 111 will be coincident with the "fit" portion of the scale. If the forces are below the range, the pointer 111 will be coincident with the "loose" portion of the scale. Likewise, if the forces are above the range, the pointer will be coincident with the "tight" portion of the scale.”).
Regarding claim 7 and claim 15, HUA-FELD disclose the method of claim 6 and the non-transitory computer storage medium of claim 14, wherein the transforming includes determining, based on a stiffness model of the second cloth model, deformation in a mesh of the second cloth model responsive to the applying of the stretching or shrinking at the edges of the second cloth model (FELD; FIG. 3; ¶ 0039; “The material data set 42 may contain information about the material such as material type, … texture, type of weave, number of threads per unit measure, density of the material, stiffness, thread size, sheer strength, stress, strain, elasticity, yield strength, and/or any other suitable material property that may be used to properly analyze and simulate the fit of the wear article on a selected person” ¶ 0068; “… strain and gravitational forces are taken into account for each vertex so that the wear article hangs naturally on the model. The amount of stretching, sagging and/or bunching may be compromised by the material stiffness, thickness, … and therefore may be taken into consideration to render a more accurate likeness of the wear article on an object.”).
Regarding claim 12, HUA-FELD disclose the non-transitory computer storage medium of claim 11, wherein the method further comprises:
performing a physical simulation of fitting the third cloth model on the avatar model to generate a fourth cloth model as worn on the avatar (FELD; ¶ 0068; FIG. 4; ¶ 0071; [See the analysis of the parallel limitation in claim 2.]); wherein the physical simulation includes
computing of draping, folding, stretching and shrinking in portions of the fourth cloth model as worn on the avatar (FELD; ¶ 68, 73; FIG. 11; ¶ 88; [See the analysis of same limitation in claim 4.]).
Regarding claim 20, HUA-FELD disclose the computing system of claim 19, wherein the … processing device(s) is/are further configured to:
perform a physical simulation of fitting the 3rd cloth model on the avatar model to generate a 4th cloth model as worn on the avatar (FELD; ¶ 68; FIG 4; ¶ 71; [See the analysis of the same limitation in claim 2.]); and
collapse the fourth cloth model onto the avatar model to generate a fifth cloth model (HUA; FIG. 16; ¶ 0120; FIGS. 17A-C; ¶ 0132; [See the analysis of the parallel limitations in claims 5 and 13.]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M COFINO whose telephone number is (303) 297-4268. The examiner can normally be reached Monday-Friday 10A-4P MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kent Chang can be reached at 571-272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN M COFINO/ Examiner, Art Unit 2614
/KENT W CHANG/ Supervisory Patent Examiner, Art Unit 2614
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