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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-8, 18, and 19 in the reply filed on 18 August 2026 is acknowledged. Claims 9-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
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 –
(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.
Claims 1-7, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choukroun et al. (US 2018/0005448; hereinafter “Choukroun”).
Regarding claim 1, Choukroun discloses A computer implemented method for measuring at least one fitting parameter of a spectacle frame on a wearer (“the trying on of a virtual pair of glasses,” para. 4), comprising: obtaining at least one picture of the wearer wearing said spectacle frame (“an original image comprising … a vision device worn on the face, such as a pair of glasses,” paras. 21-22); and determining at least an outline of the spectacle frame (“the identification of the frame is performed by generating support curves adjusted to the contours of the frame,” para. 59), so as to derive from said outline at least one fitting parameter of the spectacle frame on said wearer (“a projection of a model of the virtual pair of glasses positioned in a realistic manner on the face of the individual,” para. 344), wherein said outline determination is implemented by artificial intelligence (“The identification of the pair of glasses may also be made by automatic recognition based on images of the pair of glasses worn by the user … the automatic identification used in methods of indexing and visual recognition of appearance of 3D objects well known by those skilled in the art, by generating for example support curves fit to the contours of the pair of glasses,” para. 180).
Regarding claim 2, Choukroun discloses after determining said outline, replacing, on said picture of the wearer, an image of the spectacle frame worn by the wearer by an image of a virtual spectacle frame (“allows an individual wearing a pair of corrective glasses to see himself on the screen with the same pair of glasses but with a different color and/or texture,” para. 108), wherein the method comprises: identifying an outline of real spectacle frame worn by the wearer in said picture (“the identification of the frame is performed by generating support curves adjusted to the contours of the frame,” para. 59); determining anchor points of the real spectacle frame on the wearer's face, from said real spectacle frame outline identification (“the model Mg of the pair of glasses,” para. 372; “selects a sub-sample of n points among the set ω of the points of the model Mg,” para. 382); and using said anchor points to place, in said picture, said image of the virtual spectacle frame (“the positioning of the model Mg of the pair of glasses on the avatar,” para. 372; “minimizes … calculation of the distance between points p2D and p_grad. When the minimal value is attained, the position of the model Mg is considered as representative of the real position of the pair of glasses,” para. 385).
Regarding claim 3, Choukroun discloses replacing, in said picture, an image texture of said real spectacle frame, delimited by the identified outline, by an image texture of the wearer (“generates thus a layer for each image, on which the mask is oriented and sized in relation to the detected face. For each layer, the method of generation applies to the mask a texture originating from the model of the face previously created without the pair of glasses,” paras. 406-407); and using said anchor points to place, in said picture, an image texture of the virtual frame (“The textures of the pair of glasses … are completed and updated,” para. 279; “The virtual pair of glasses is positioned on the face of the individual through an intermediate layer inserted between the first layer and the second layer. The intermediate layer comprises a projection of a model of the virtual pair of glasses positioned in a realistic manner on the face,” para. 344).
Regarding claim 4, Choukroun discloses wherein said replacing is performed to in-paint said image texture of the wearer, said image texture of the wearer comprising at least one element among a wearer's skin, a wearer's eyebrow, a wearer's eye, and a combination thereof (“The inpainting method, well known by those skilled in the art, allows for the completion of the texture of the face,” para. 82).
Regarding claim 5, Choukroun discloses wherein said anchor points are determined from relative positions of characteristic points of the real spectacle frame and characteristic points of the wearer's face (“the positioning of the model Mg of the pair of glasses on the avatar,” para. 372; “minimizes … calculation of the distance between points p2D and p_grad. When the minimal value is attained, the position of the model Mg is considered as representative of the real position of the pair of glasses,” para. 385).
Regarding claim 6, Choukroun discloses wherein at least one picture of the wearer is taken so as to obtain 3D information of the real spectacle frame worn by the wearer (“A three-dimensional model of the pair of glasses is created based on the four images captured of the pair of glasses,” para. 356), and multiple anchor points combinations are evaluated and adjusted according to different head orientations and positions of the wearer (“in the case where face of the pair of glasses is essentially parallel to the plane of the camera, the temples being less visible, only the face of the model Mg is taken into account in the tracking of the pair of glasses … in the case where the face is turned sharply, rendering face less visible, only the temple of the model Mg is taken into account in the tracking of the pair of glasses … The projection p2Dm=1 … n of the n points in the image presents an essentially uniform and regular spacing. Thus, while face of the pair of glasses is nearly parallel to the image plane of the camera, the sub-sample comprises a low or null number of points of the temples,” paras. 380-382).
Regarding claim 7, Choukroun discloses wherein said anchor points comprise at least one of: a middle point of a bridge of the real spectacle frame, boxing points of lenses of the real spectacle frame, ends of branches of the real spectacle frame, and segment of the real spectacle frame including at least one of said bridge and a nasal part (“The projection p2Dm=1 … n of the n points in the image presents an essentially uniform and regular spacing,” para. 382; assuming the recited uniform spacing of anchor points, the set of anchor points would include anchor points corresponding to each of the parts of the eyeglasses).
Regarding claim 18, it is rejected using the same citations and rationales described in the rejection of claim 1, with the additional limitations of A device for measuring at least one fitting parameter of a spectacle frame on a wearer (“the trying on of a virtual pair of glasses,” Choukroun, para. 4), comprising; a processor (this is considered inherent in the augmented-reality computer system of Choukroun).
Regarding claim 19, Choukroun discloses A non-transitory computer storage medium, storing the instructions of a computer program comprising instructions to implement the method according to claim 1 when such instructions are executed by a processor (this is considered inherent in the augmented-reality computer system of Choukroun).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Choukroun in view of Varady et al. (US 2021/0088811; hereinafter “Varady”).
Regarding claim 8, Choukroun discloses wherein said real spectacle frame includes reals lenses, the method comprising: identifying furthermore, in said picture, said real lenses (“The mask is comprised of pixels covering a continuous or non-continuous area in the initial image,” para. 28; “The mask TMg_l of the lenses,” para. 313); and replacing said real lenses by virtual lenses in said picture (“an individual wearing a pair of glasses can see himself on the screen with the same pair of glasses but with lenses including a different treatment than those of the lenses of the pair of glasses worn in reality,” para. 419).
Choukroun does not disclose uses data of ametropia of the wearer for displaying in said picture virtual lenses in the virtual spectacle frame, said virtual lenses being displayed by taking into account said ametropia of the wearer.
In the same art of virtual try-on of eyeglasses, Varady teaches uses data of ametropia of the wearer for displaying in said picture virtual lenses in the virtual spectacle frame, said virtual lenses being displayed by taking into account said ametropia of the wearer (“generate at least one parametric model of a user-specific eyewear product including a frame portion and a lens portion,” para. 43; “The parametric model may further include such lighting and surface properties for lenses of the parametric model, based on the lens curvature, thickness, lens material, lens gradation, corrective aspects, etc. Corrective aspects may include whether the lenses are lenses to correct astigmatism, presbyopia, myopia, etc.,” para. 49; “displaying how a user may look to others, while wearing the eyewear of the parametric model. For example, if the lenses may cause a user's eyes to look smaller to a person seeing the user, the simulation may show the distortion to the user's eyes,” para. 51).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Varady to Choukroun. The motivation would have been “to render the eyewear and lenses in a photorealistic manner” (Varady, para. 48).
The combination of Choukroun and Varady does not disclose using a neural network.
The Examiner takes Official Notice that both the concepts and the advantages of using a neural network were well known and expected in the art before the effective filing date of the claimed invention, and it would have been obvious before the effective filing date of the claimed invention to use a neural network in the combination of Choukroun and Varady in order to increase accuracy and efficiency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryan McCulley whose telephone number is (571)270-3754. The examiner can normally be reached Monday through Friday, 8:00am - 4:30pm.
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/RYAN MCCULLEY/Primary Examiner, Art Unit 2611
