DETAILED ACTION
This is in response to a request for continued examination (RCE) filed on 3/3/26 in which claims 1-8, 10, 12-23 are presented for examination.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/3/26 has been entered.
Claim Objections
Claim(s) 1, 18 is/are objected to because of the following informalities:
Claim 1 Line 10 before “apparel” add –the—for proper antecedent basis
Claim 18 Line 2 before “woven article of clothing of the apparel includes” delete “a” and substitute –the—for proper antecedent basis
Claim 18 Line 3 before “apparel” add –the—for proper antecedent basis
Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim(s) 1-8, 10, 12-23 is/are rejected under U.S.C. 112(b).
The term “its diameter” in Claim 1 Line 9 is unclear and therefore renders the claim indefinite. It is unclear the structure that the term “its” refers to. For the purposes of applying art and providing rejections, the term will be interpreted “a diameter of the ring”, and is recommended to be amended as such.
The term “a length” in Claim 1 Line 11 is unclear and therefore renders the claim indefinite. It is unclear what structure the length refers to. For the purposes of applying art and providing rejections, the term will be interpreted as “a length of the woven article of clothing” and is recommended to be amended as such.
Claim 22 recites the limitation "the length of the woven article of clothing of the apparel" in Lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of applying art and providing rejections, the term “length” in Claim 1 Line 11, on which Claim 22 depends, will be interpreted as “the length of the woven article of clothing of the apparel” to provide antecedent basis for Claim 22.
The term “its diameter” in Claim 23 Line 2 is unclear and therefore renders the claim indefinite. It is unclear the structure that the term “its” refers to. For the purposes of applying art and providing rejections, the term will be interpreted “the diameter of the ring”, and is recommended to be amended as such.
Dependent claims are rejected at the least for depending on rejected claims.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 2, 4, 10, 12, 13, 19, 22, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez (ES 2217943) in view of Calzolai (WO 2005/123998) and Arnold (DE 102013003439).
Regarding Claim 1, Gutierrez teaches a method for manufacturing apparel (if a prior art, in its normal and usual operation, would necessarily describe a device capable of performing the steps of the method or process, then the device claimed will be considered to be inherent by the prior art process or method. When the prior art process or method is the same as a process or method described in the specification for describing the claimed device, it can be assumed the process or method will inherently describe the claimed device capable of performing the different steps of the process or method. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02; as such, see below structure for the method, especially [0005] "present invention relates to a system for making one -piece garments"), comprising:
receiving body data ([0019] "invention proposes …obtained the usual measures of the carrier…namely heights and circumferences, and/or the vertical/horizontal and volumetric dimensions of the body"; [0019] "body measurements are taken, either manually, or…through an operation of scanned");
producing weave shape data based on the body data ([0019] "between the scanner and the anatomical loom…a database is located, with a specific application program, whose mission is to send the data of the measurements on the loom, and thus be able to form files…of the people scanned"; [0026] "the process begins with the taking of user measurements, for which a device 1 of scanner for an exact determination of the characteristics dimensional and volumetric of the person in question, from where the carrier signals of the obtained data are sent, up to a processing device that, preferably, will consist of a computer 2 or similar, in which a previously stored specific program related to this application, and where they are stored data received from the scanning device, creating the corresponding files of each person. From the processing device 2, the data is transferred to the anatomical loom device 3, which is programmed for realization of the desired garment", wherein the loom indicates the data being weave shape, further in light of [0032] weft and warp threads),
wherein producing the weave shape data includes combining order information details with the received body data ([0035] "allows the buyer choose the garment that best suits…taste, conditions and preferences, this information being automatically sent to loom for the beginning and realization of the requested garment", wherein loom is also receiving body data ([0026]) and therefore combined); and
automatically producing a woven article of clothing of the apparel on a variable diameter circular loom based on the weave shape data ([0026] "the process begins with the taking of user measurements, for which a device 1 of scanner for an exact determination of the characteristics dimensional and volumetric of the person in question, from where the carrier signals of the obtained data are sent, up to a processing device that, preferably, will consist of a computer 2 or similar, in which a previously stored specific program related to this application, and where they are stored data received from the scanning device, creating the corresponding files of each person. From the processing device 2, the data is transferred to the anatomical loom device 3, which is programmed for realization of the desired garment", for variable diameter--see Figs. 2, 3 for loom sections 10 of different diameters in [0028]),
the circular loom comprising a weaving ring configured to receive control instructions derived from a parametric garment model based on body measurements (see Figs. 2, 3 for sections 10 of weaving rings on device 3 of [0028]; for derived from parametric garment model -- "[0026] "the process begins with the taking of user measurements, for which a device 1 of scanner for an exact determination of the characteristics dimensional and volumetric of the person in question", wherein parameters are dimension and volume of the person/garment model; for control instructions based on measurements-- [0026] "user measurements....data are sent, up to a processing device...transferred to the anatomical loom device 3, which is programmed for realization of the desired garment", wherein programming indicates control instructions based on body measurements, and the rings are of device 3)
and in response to the control instructions to produce the woven article of clothing of apparel having a varying circumference along a length (as best understood in light of the 112(b) rejections--[0026]; [0028] "in Figure 2…loom 3 consists of a central column 8, of vertical positioning, with a lower support base 9, said column being adapted to allow displacement, to along it, of corresponding sections 10 perimeter with the dimensions of the body in the different positions", wherein the sections 10 have varying circumference and therefore varying circumference for length of article).
Gutierrez at least suggests with the weave shape data being translated into computer-readable instructions that define control parameters for the circular loom (see [0026] where data is transferred to programmable loom).
Nevertheless, Calzolai teaches with the weave shape data being translated into computer-readable instructions that define control parameters for the loom (page 2 Line 30-page 3 Line 20 "method of making fabric cut portions…comprising the steps of: creating, by a photo editing program, a mask…creating an image file of said mask…transforming said image file into a readable format file by the loom control system...acquisition of said readable format file...weaving said yarns by said loom under said readable format file").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s method with that taught by Calzolai as a known format/method/form of data to weave a product from data.
Gutierrez does not explicitly teach that the weaving ring is a variable diameter weaving ring,
and to adjust its diameter in response to the control instructions.
Arnold teaches the circular loom comprising a variable diameter weaving ring configured to receive control instructions (see Fig. 1; [0001] "production of circular woven tubes whose diameter can be continuous changed...to produce...products...using high-performance fibers"; [0001] "device can be retrofitted to existing circular weaving machines"; [0005] "depending on the desired hose diameter, the device is designed to automatically adjust the height position of the web ring"; [0007] "produce round fabrics with variable diameters by gradually raising or lowering the weaving ring on a circular weaving machine while simultaneously changing the diameter of the weaving ring"; for ring configured to receive control instructions -- [0008] "the control unit enables the production of hoses with diameter gradients"; [0010] "drives for changing the height and diameter of web ring are provided by actuators (5) and (7), with control being carried out by an electronic control unit (6)")
and to adjust its diameter in response to the control instructions to produce the woven article having a varying circumference along a length (as best understood in light of the 112(b) rejections--see Fig. 1; [0008]; [0010]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez with Arnold’s variable diameter weaving ring as an improvement in technology ([0001]), especially as it is known in the art that Gutierrez’s multiple fixed weaving rings are interchangeable with a single variable diameter weaving ring (see extrinsic evidence Alonso USPN 1860975).
Regarding Claim 2, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 1.
Gutierrez further teaches wherein the producing of the weave shape data includes:
extracting body-shape defining measurements of a portion of a body of interest from the body data ([0024] "Figure 3 is a representation of a multiplicity of loom sections, corresponding to the different positions that these sections should occupy, and in function of the specific garment to be manufacture"; [0029] "If the content of Figure 3 is now observed of the drawings, it can be seen that they are represented multiple sections 10 with different shapes and contours, according to correspond to one or another part of the body, and also dependent of the type of garment to be made. These sections, which reproduce the exact shape of the body as stated previously, they correspond to neck 10.1, neck turned 10.2, 10.3 shoulders with reproduction of the closed perimeter that passes through the back and torso, chest 10.4 with rounded protruding parts, waist 10.5 and hips 10.6, while section 10.7 corresponds to the bottom of the dress. Section 10.10 allows form the right sleeve, and section 10.9 the left sleeve, while sections intended to allow terminations of the right sleeve and the left sleeve have been referenced like 10.11 and 10.8, respectively”, wherein it's been extracted inasmuch as Fig. 3 has sections);
analyzing, via a fitment engine, the body-shape defining measurements to create a fitment for the article of clothing based on fitment metrics (for fitment engine --[0026] "From the processing device 2, the data is transferred to the anatomical loom device 3, which is programmed for realization of the desired garment"; for this data being of the measurements -- [0026] "the process begins with the taking of user measurements, for which a device 1 of scanner for an exact determination of the characteristics dimensional and volumetric of the person in question, from where the carrier signals of the obtained data are sent, up to a processing device that, preferably, will consist of a computer 2 or similar, in which a previously stored specific program related to this application, and where they are stored data received from the scanning device, creating the corresponding files of each person. From the processing device 2, the data is transferred to the anatomical loom device 3, which is programmed for realization of the desired garment"; [0028] "aforementioned sections 10 are separated from each other by distances predetermined, and are positioned at height in exact correspondence with the user's body parts at which represent"); and
outputting the computer-readable instructions for manufacturing of the woven article of clothing ([0026] "From the processing device 2, the data is transferred to the anatomical loom device 3, which is programmed for realization of the desired garment" which indicates instructions exist).
Regarding Claim 4, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 2.
Gutierrez further teaches wherein the receiving of the body data includes taking a three-dimensional body scan ([0019] "invention proposes …obtained the usual measures of the carrier…namely heights and circumferences, and/or the vertical/horizontal and volumetric dimensions of the body"; [0019] "body measurements are taken, either manually, or…through an operation of scanned").
Regarding Claim 10, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 1.
Gutierrez further teaches wherein the order information details includes at least one of customer ID, material, fit, preference, or style information ([0035] "allows the buyer choose the garment that best suits…taste, conditions and preferences, this information being automatically sent to loom for the beginning and realization of the requested garment").
Regarding Claim 12, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 1.
Gutierrez does not explicitly teach wherein the computer-readable instructions include the weave shape data combined with loom parameters.
Calzolai further teaches wherein the computer-readable instructions include the weave shape data combined with loom parameters (page 2 Line 30-page 3 Line 20 "method for making fabric cut portions with an ornamental effect...comprising the steps of: creating,...a mask comprising a background and a plurality of geometric figures...each geometric figure corresponding to a fabric cut portion; pasting graphic elements on said mask...acquisition of said readable format file by the loom control system, said loom being capable of weaving weft and/or warp yarns in at least two different colours; weaving said yarns by said loom under said readable format file obtaining a woven fabric according to said background and said graphic elements contained in said geometric figures", wherein loom parameters are colors, wherein weave shape data are geometric figures).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s method with that of Calzolai in order to provide variation based on user choices (page 4 Lines 9-12).
Regarding Claim 13, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 1.
Gutierrez does not explicitly teach wherein the computer-readable instructions include the weave shape data combined with weave parameters.
Calzolai further teaches wherein the computer-readable instructions include the weave shape data combined with weave parameters (page 2 Line 30-page 3 Line 20 "method for making fabric cut portions with an ornamental effect...comprising the steps of: creating,...a mask comprising a background and a plurality of geometric figures...each geometric figure corresponding to a fabric cut portion; pasting graphic elements on said mask...acquisition of said readable format file by the loom control system, said loom being capable of weaving weft and/or warp yarns in at least two different colours; weaving said yarns by said loom under said readable format file obtaining a woven fabric according to said background and said graphic elements contained in said geometric figures", wherein weave parameters are colors, weave shape data are geometric figures).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s method with that of Calzolai in order to provide variation based on user choices (page 4 Lines 9-12).
Regarding Claim 19, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 1.
Gutierrez further teaches wherein the body data is a three-dimensional body scan ([0019] "invention proposes …obtained the usual measures of the carrier…namely heights and circumferences, and/or the vertical/horizontal and volumetric dimensions of the body"; [0019] "body measurements are taken, either manually, or…through an operation of scanned").
Regarding Claim 22, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 1.
Modified Gutierrez further teaches wherein the length of the woven article of clothing of the apparel is seamless (see Arnold [0006] "invention makes it possible…for the production of seamless hoses with variable diameters", such that Gutierrez’s article of clothing is seamless, and therefore the length).
Regarding Claim 23, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 1.
Modified Gutierrez further teaches wherein the variable diameter weaving ring is configured to adjust its diameter during production of the woven article of clothing of the apparel (see Arnold [0001], [0005], [0008], [0010]).
Claim(s) 3, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez (ES 2217943) in view of Calzolai (WO 2005/123998) and Arnold (DE 102013003439), further in view of Alselimi (US Publication 2016/0292770).
Regarding Claim 3, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 2.
Gutierrez does not explicitly teach wherein the receiving of the body data includes
taking a picture of the portion of the body of interest and
highlighting landmarks on the body of interest.
Alselimi teaches taking a picture of the portion of the body of interest ([0048] "Based on the one or more images of the body of the shopper uploaded to the server 106 and the one or more body measurements provided by the shopper, the processing circuitry of the server 106 interpolates one or more remaining body measurements that may factor into one or more clothing size determinations for the shopper") and
highlighting landmarks on the body of interest (for landmarks-- [0064] "based on the shopper body profile determined at step S510, the processing circuitry can determine one or more locations on the body of the shopper where the articles of clothing may not fit properly. For example, if the shopper is purchasing a pair of pants with an inseam that is long based on the height of the shopper, the processing circuitry of the server 106 highlight the lower edge of the pants that have been virtually tried on the shopper avatar to indicate that the pants the shopper has selected may be too long for the shopper").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s method of receiving body data as taught by Alselimi as a known form of determining body data/measurements (Alselimi indicates doing so with a picture), and to help with fit, such as at landmark of legs for pant height ([0064]).
Regarding Claim 21, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 1.
Gutierrez teaches wherein the body data is generated two-dimensionally ([0019] "invention proposes …obtained the usual measures of the carrier…namely heights and circumferences…of the body"; [0019] "body measurements are taken, either manually, or…through an operation of scanned").
Gutierrez does not explicitly teach wherein the body data is generated from a video or picture.
Alselimi teaches wherein the body data is generated from a video or picture ([0048] "Based on the one or more images of the body of the shopper uploaded to the server 106 and the one or more body measurements provided by the shopper, the processing circuitry of the server 106 interpolates one or more remaining body measurements that may factor into one or more clothing size determinations for the shopper").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s method of receiving body data as taught by Alselimi as a known form of determining body data/measurements.
Claim(s) 5, 6, 8, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez (ES 2217943) in view of Calzolai (WO 2005/123998) and Arnold (DE 102013003439), further in view of Holloway et al (US Publication 2004/0093105), herein Holloway.
Regarding Claim 5, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 2.
Gutierrez does not explicitly teach wherein the receiving of the body data includes generating the body data from user-input metrics.
Holloway further teaches wherein the receiving of the body data includes generating the body data from user-input metrics (see [0015]-[0019] for user-input metrics generating body data; for user-input metrics, see especially [0017] "potential consumer …would provide the information needed for sizing"; for generating body data, see especially [0018] "once the information is collected from the potential consumer, a series of formulas (also referred to as a 'fitting model') are used to determine the exact garment dimensions for that consumer" and [0019] "The first part of the model contains formulas that relate various dimensions of the human body to one another, and are used to infer body dimensions that are not reported by the consumer from those that are reported by the consumer" and therefore generating body data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s method to incorporate user-input metrics as taught by Holloway in order to help with fit ([0017], [0019]).
Regarding Claim 6, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 2.
Gutierrez does not explicitly teach wherein the extracting of the body-shape defining measurements includes employing linear regression on the measurements.
Holloway further teaches wherein the extracting of the body-shape defining measurements includes employing linear regression on the measurements ([0018] "Once the information is collected from the potential consumer, a series of formulas (also referred to as a "fitting model") are used to determine the exact garment dimensions for that consumer”; [0023] "First, a relatively large number of potential models, using a variety of subsets of independent variables, and that have been derived by multiple linear regression, are tested for their predictive value using the well-known statistical technique of prediction squared error, which allows the winnowing out of the least predictive models").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s method with linear regression as taught by Holloway in order to find the most accurate fit model ([0023]-[0025]).
Regarding Claim 8, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 2.
Gutierrez does not explicitly teach wherein the analyzing of the body-shape defining measurements includes
forming panel shapes from the measurements and
processing the panel shapes with a shape correcting algorithm.
Holloway teaches forming panel shapes from the measurements ([0020] "the output of the second part of the fitting model--the calculated garment dimensions--would be used as inputs to a pattern maker (either human or automated), which would then use techniques well known to those of ordinary skill in the pattern-making arts to generate exact fabric cutting templates and sewing instructions on the basis of the calculated garment dimensions and intended style of the garment") and
processing the panel shapes with a shape correcting algorithm ([0025] "Once the unreported body measurements have been inferred from the reported body measurements on the basis of the anthropometric model, the actual garment dimensions are calculated. This is the second part of the overall fitting model. This second part of the model may be generated on the basis of the experiences of the garment designer with garment design and patternmaking, and takes into account a number of factors. These factors include adjustments to the body measurements to allow for "ease" in the garment. Ease refers to the fact that if a garment were constructed that had the exact same dimensions-waist, seat, inseam, etc.--as the body dimensions of the wearer, the garment would be "skin tight", uncomfortable, and correctly perceived as ill-fitting. In order to compensate for this, it is well known in the art to add an amount of ease to the body dimensions when calculating the garment dimensions", especially for fitting model).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s method with that of Holloway in order to find the most accurate fit model ([0023-0025]).
Regarding Claim 20, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 1.
Gutierrez does not explicitly teach wherein the body data is generated from user-input metrics.
Holloway teaches wherein the body data is generated from user-input metrics (see [0015]-[0019] for user-input metrics generating body data; for user-input metrics, see especially [0017] "potential consumer …would provide the information needed for sizing"; for generating body data, see especially [0018] "once the information is collected from the potential consumer, a series of formulas (also referred to as a 'fitting model') are used to determine the exact garment dimensions for that consumer" and [0019] ". The first part of the model contains formulas that relate various dimensions of the human body to one another, and are used to infer body dimensions that are not reported by the consumer from those that are reported by the consumer" and therefore generating body data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s method to incorporate user-input metrics as taught by Holloway in order to help with fit ([0017], [0019]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez (ES 2217943) in view of Calzolai (WO 2005/123998) and Arnold (DE 102013003439), further in view of Song et al (US Publication 2013/0315475), herein Song.
Regarding Claim 7, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 2.
Gutierrez does not explicitly teach wherein the analyzing of the body-shape defining measurements includes
conducting principal component analysis to reduce a number of dimensions in the measurements and then
applying machine learning techniques on the measurements.
Song teaches conducting principal component analysis to reduce a number of dimensions in the measurements ([0122] "A computer-based method is also provided for identifying the appropriate body-shape prototype guiding pattern for an individual person's (e.g., customer's) set of measurements. In one embodiment, the method comprises the step of computer-analyzing a full set of body measurements wherein the step of computer-analyzing comprises the steps of: conducting a principle component analysis (PCA) of all measurements in the set of body measurements; obtaining principle component measurements from the PCA; and performing an unsupervised clustering algorithm on the most significant principle components, thereby obtaining one or more prototype body shapes"; [0123] The full set of body measurements (widths, breadths, depths, arc measurements, circumferences, angles, and proportions of these measures) can be obtained from a plurality of people, wherein the plurality is representative of a population of interest and wherein the full set of body measurements from the plurality is representative of a spectrum of body shapes and postures for which garments are to be designed. An individual person's measurements may be taken by hand or by using computer analysis of a 3D body scan", wherein it is known in the art that PCA reduces # of dimensions (see extrinsic evidence Built In NPL)and then
applying machine learning techniques on the measurements ([0127] "Systems and method for computer-assisted design of custom fit clothing are also provided. In one embodiment, the system can comprise the following components: (a) An adaptable "guiding pattern" that comprises a structural form and a set of customizable distance parameters. The values of the parameters can be matched to the shape (detailed dimensions) of the customer so that the parameterized pattern will specify a good-fit garment for that individual. (b) A machine learning system that can predict a set of distance parameters for a guiding pattern given a set of measurements taken from the customer; and (c) A computer algorithm that can combine the specific parameters for a customer with the structural form of a guiding pattern to produce a conventional pattern from which the custom-fit garment can be made. For each guiding pattern, a documented database can be established comprising multiple tuples of distance parameter values, associated distance parameters, and good-fit outcomes. This database is used to train the machine learning system"; [0128] "According to this embodiment, customer measurements may be taken by hand or by using computer analysis of a 3D body scan. Pattern parameterizations may be conducted using conventional commercial standards or by methods that are optimized for a machine learning method (see Section 5.4 below). The documented database may contain instances of both good and poor good-fit outcomes. The documented database can be created by experimenting with a range of predictions and involving a panel of experts to determine the good-fit outcomes by observing the garments on a set of models", especially for “machine learning system” and “machine learning method”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s method with the principal component analysis (PCA) taught by Song in order to improve fit (abstract).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez (ES 2217943) in view of Calzolai (WO 2005/123998) and Arnold (DE 102013003439), further in view of Tasca (WO 2004/072342).
Regarding Claim 14, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 12.
Gutierrez does not explicitly teach wherein the loom parameters includes number of available warp lines.
Tasca teaches wherein the loom parameters includes number of available warp lines (page 8 Lines 10-15 "the considered parameter is the number of warp yarns. The processing unit U counts, on the image acquired by the optical reader 1, the number of warp yarns and then compares…the total number of warp yarns mounted on the loom").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s loom parameters as taught by Tasca in order to detect breakage (page 8 Lines 25-32).
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez (ES 2217943) in view of Calzolai (WO 2005/123998) and Arnold (DE 102013003439), further in view of Sainen (EP 1091032).
Regarding Claim 15, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 12.
Gutierrez does not explicitly teach wherein the loom parameters includes gear ratios of loom motors.
Sainen teaches wherein the loom parameters includes gear ratios of loom motors (see [0023-0025], especially [0025] "gear ratio m of the reduction gear unit…are entered to the basic speed calculator 11"; [0023] "let-off control device…10 of a weaving machine comprises as its principal elements a basic speed calculator 11").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s loom parameters as taught by Sainen in order to provide desirable controllability as affected by speed (abstract).
Regarding Claim 16, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 13.
Gutierrez does not explicitly teach wherein the weave parameters includes desired speed.
Sainen teaches wherein the weave parameters includes desired speed ([0008] "let-off control device of the invention for a weaving machine comprises…control amplifier for controlling the speed of the let-off motor").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s weave parameters as taught by Sainen in order to provide desirable controllability as affected by speed (abstract).
Regarding Claim 17, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 13.
Gutierrez does not explicitly teach wherein the weave parameters includes weaving density.
Sainen teaches wherein the weave parameters includes weaving density ([0025] "weft density A…are entered to the basic speed calculator 11"; [0023] "let-off control device…10 of a weaving machine comprises as its principal elements a basic speed calculator 11").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s weave parameters as taught by Sainen in order to provide desirable controllability as affected by speed (abstract).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez (ES 2217943) in view of Calzolai (WO 2005/123998) and Arnold (DE 102013003439), further in view of Molnar (US Publication 2016/0069003).
Regarding Claim 18, modified Gutierrez teaches all the claimed limitations as discussed above in Claim 1.
Modified Gutierrez further teaches wherein the step of automatically producing the woven article of clothing of the apparel includes producing multiple woven articles of clothing (Arnold [0007] "produce round fabrics with variable diameters”).
Gutierrez does not explicitly teach wherein the step of automatically producing the woven article of clothing of the apparel includes producing the woven article of clothing of the apparel sequentially with multiple woven articles of clothing.
Molnar teaches wherein producing the woven article of clothing of the apparel sequentially with multiple woven articles of clothing (for woven sequentially-- [0004] "there is provided a method of producing an aggregate textile comprising a plurality of different textiles that a plurality of different customers requested be produced...specifying that the aggregate textile is to be woven by weaving the two or more textiles in a series during a single run of a loom", wherein series indicates sequentially; for article of clothing-- [0035] "textiles...refer to materials that may be woven to produce...goods...such as garments"; for multiple -- see Fig. 3 wherein group textiles are separated into individual textiles and then provided to customers, and therefore multiple; furthermore for sequentially-- [0100] "order of the textiles during production may correspond to an order in which the textiles were received by the facility from customers"; wherein an order indicates sequence).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gutierrez’s production to be multiple articles produced sequentially as taught by Molnar in order to produce multiple customer requests in an effective manner (see above) in order to utilize Gutierrez’s loom cost effectively, as opposed to only ever creating a single garment.
Response to Arguments
Applicant’s arguments with respect to claims 1-8, 10, 12-23 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm 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, Khoa Huynh can be reached on 571-272-4888. 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.
/GRACE HUANG/Primary Examiner, Art Unit 3732
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