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 .
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/14/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendment filed February 26, 2026 has been entered. Applicant’s amendments to the Claims have overcome all objections. Applicant’s amendments to the Claims have also overcome the 35 U.S.C. 112(b), 35 U.S.C. 112(d), and 35 U.S.C. 101 rejections previously set forth in the Non-Final Office Action mailed April 30, 2026.
Response to Arguments
Applicant argues that Kanani (US 20220258049 A1) fails to disclose
determining a pixel point corresponding to the trigger operation, determining a target patch within the target torso model based on the pixel point, and determining vertex information of the target patch as the target vertex information;
determining a target mounting point based on the target vertex information
Examiner replies that Kanani teaches
determining a pixel point corresponding to the trigger operation, (FIG. 5A; para. [0064], "FIGS. 5A-5C, which show exemplary screenshots and illustrations depicting various body measurements and subsequent generation of a 3D body mesh"; A user in front of a camera (501 in FIG. 5A) corresponds to the trigger operation. Generation of a 3D body mesh corresponds to determining a pixel point.)
determining a target patch within the target torso model based on the pixel point, and determining vertex information of the target patch as the target vertex information; (FIG. 5B; FIG. 5C; para. [0067], "In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured. In particular embodiments, the vertices and joints may include anchors and armature, as well as degrees of freedom of the body skeleton.")
determining a target mounting point based on the target vertex information (para. [0012], " The solution allows the user to interact with the virtual apparel for identifying, defining, and changing the look, fit, and design of the specific apparel on the user's own body in real-time as per individual needs."; para. [0009], "As mentioned before, an apparatus controller may be operated by the user to interact with a specific virtual apparel"; para. [0067], "In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured. In particular embodiments, the vertices and joints may include anchors and armature, as well as degrees of freedom of the body skeleton."; para. [0068], "The server 402 also may generate the map of vertices and joints from the 3D body mesh to provide anchors for rendering the virtual apparel in the real-time image.")
Thus, the limitations are still taught per the mapping above and rejection below. The dependents of independent claims 1, 14, and 15 also stand rejected.
Regarding the remaining arguments: Applicant argues with respect to the
amended claim language, which is fully addressed in the prior art rejections set forth
below.
Conclusion: The rejections set forth in the previous Office Action are shown to
have been proper, and the claims are rejected below. New citations and parenthetical
remarks can be considered new grounds of rejection, such new grounds of rejection are
necessitated by Applicant’s amendments to the claims. Therefore, the present Office
Action is made final.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1, 14, and 15 recites the limitation "the target effect" in line 12 of claim 1, line 15 of claim 14, and line 14 of claim 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 2-4, 6-12, and 16-17 are rejected for its dependence from claim 1.
Claims 1-17 will be rejected as best understood by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6, 8-12, and 14-16 are rejected under 35 U.S.C. 102(a)(1)/(a)(2)as
being anticipated by Kanani (US 20220258049 A1).
Regarding claim 1, Kanani discloses an image processing method, comprising: (claim 2, "The method of claim 1, wherein the augmented image is displayed to the user as one of the following:"; para. [0046], “In particular embodiments, the functionality of the VCI application 100 may be accomplished when the program codes of its component modules—the retailer module 102 and the user module 104—are executed by processors in respective systems 202, 204. Each module 102, 104 may be a software application comprising program code, which, upon execution by a processor (not shown) in the respective system 202, 204, may enable the systems 202, 204 to jointly perform different operations to facilitate the interactive virtual try-on as per teachings of the present disclosure.”)
determining a target torso model corresponding to a target object (women’s body shown) in response to a trigger operation for effect mounting, wherein the target torso model comprises a plurality of patches, and each of the plurality of patches comprises at least three vertices; (FIG. 5A; FIG. 5B; FIG. 5C; para. [0064], "FIGS. 5A-5C, which show exemplary screenshots and illustrations depicting various body measurements and subsequent generation of a 3D body mesh" Examiner’s note: A user in front of a camera (501 in FIG. 5A) corresponds to the trigger operation. Generation of a 3D body mesh corresponds to a plurality of patches, and each of the plurality of patches comprises at least three vertices.)
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determining a pixel point corresponding to the trigger operation, determining a target patch within the target torso model based on the pixel point, and determining vertex information of the target patch as the target vertex information; (FIG. 5A; FIG. 5B; FIG. 5C; para. [0012], " The solution allows the user to interact with the virtual apparel for identifying, defining, and changing the look, fit, and design of the specific apparel on the user's own body in real-time as per individual needs."; para. [0014], "As mentioned before, an apparatus controller may be operated by the user to interact with a specific virtual apparel."; para. [0067], "In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured. In particular embodiments, the vertices and joints may include anchors and armature, as well as degrees of freedom of the body skeleton.")
determining a target mounting point based on the target vertex information, and (para. [0012], " The solution allows the user to interact with the virtual apparel for identifying, defining, and changing the look, fit, and design of the specific apparel on the user's own body in real-time as per individual needs."; para. [0009], "As mentioned before, an apparatus controller may be operated by the user to interact with a specific virtual apparel"; para. [0067], "In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured. In particular embodiments, the vertices and joints may include anchors and armature, as well as degrees of freedom of the body skeleton."; para. [0068], "The server 402 also may generate the map of vertices and joints from the 3D body mesh to provide anchors for rendering the virtual apparel in the real-time image.")
determining a current offset angle of the target object; and (para. [0067], "for every interval of 15-20 video frames, a web socket 412 or an equivalent application may backward correct the registrations of user's initial body mappings (generated by the UI module 408) using a moving average aggregation and try to minimize a regularized error margin for specific values of the user's body—normalized by a depth factor “D” and intrinsic angle correction in a way that the principal axis of the UE's 204 camera (not shown) is projected towards the center of the user's body (waist).")
mounting the target effect on the target object based on the target mounting point and the current offset angle, to obtain an effect video frame. (FIG. 8B; para. [0014], "Using Augmented Reality (AR) techniques, the retailer module may generate an augmented image (or video frame) of the user in real-time, with a user-selected virtual apparel fitted on the user"; para. [0068], "The server 402 also may generate the map of vertices and joints from the 3D body mesh to provide anchors for rendering the virtual apparel in the real-time image."; para. [0067], "for every interval of 15-20 video frames, a web socket 412 or an equivalent application may backward correct the registrations of user's initial body mappings (generated by the UI module 408) using a moving average aggregation and try to minimize a regularized error margin for specific values of the user's body—normalized by a depth factor “D” and intrinsic angle correction in a way that the principal axis of the UE's 204 camera (not shown) is projected towards the center of the user's body (waist)."; para. [0127], "In FIG. 8B, the user has tilted and raised user's hands. As a result, the measurement server 402 may perform real-time measurements to determine what dimensional changes or modifications have occurred that may be considered to accurately render the virtual apparels in the user's new pose. Thus, the illustration 810 (which is similar to the illustration 510 in FIG. 5B) indicates that the measurement is “in progress.” Based on the preliminary determination of the user's tilt and other dimensions (for example, through the initial LiDAR measurements), the query translator 409 may generate the exemplary script shown at arrow 812 to assist the measurement server 402 and other units in the retailer module 102 to exactly determine user's modified dimensions and intent. The “ROTATION” command in the script 812 indicates the user's tilt to be 23 degrees along the z-axis, but 0 degree along the x and y axes.")
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Regarding claim 2, Kanani discloses the method according to claim 1,
further comprising:
determining a to-be-processed torso model corresponding to the target object in a case where it is detected that a display interface comprises the target object; wherein the to-be-processed torso model is constituted by at least one patch; (FIG. 5A; FIG. 5C; para. [0067], " In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured.")
determining vertex information of the at least one patch, to obtain a target torso model corresponding to the target object, to determine target vertex information corresponding to a touch point on the target torso model in a case where the touch point is detected; (FIG. 5A; FIG. 5C; para. [0067], " the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured."; para. [0056], "The computing system may interpret the user's interaction(s) in real-time to predict what the user wishes to do with the virtual apparel. For example, if the virtual apparel is a t-shirt, the user may touch/press the virtual button(s) of the t-shirt with the hand controller or may twist the virtual collar of the t-shirt with the hand controller. The computing system may interpret these gestures in real-time to infer the apparel-specific action intended by the user—for example, that the user wishes to unbutton the t-shirt or fold/unfold its collar (depending on the sensed direction of twisting of the virtual collar). Consequently, at block 305, the computing system (such as the UE 204) may display, in real time, the augmented image of the user having the virtual apparel modified therein as per the apparel-specific action. For example, in case of the unbuttoning of the virtual t-shirt, the computing system may display the augmented image with the t-shirt opening and coming off of the user's torso and upper arms in real-time." )
wherein the vertex information of each patch in the at least one patch is different. (FIG. 5C; para. [0067], "the illustration 520 in FIG. 5C shows an exemplary 3D body mesh for the entire body of a user"
Examiner's note: 3D body mesh of user corresponds to the vertex information of each patch in the at least one patch is different.; para. [0067], "The illustration 516 in FIG. 5C is an instance of a 3D body mesh generated from the user measurements in the illustrations 508, 510 in FIG. 5B, whereas the illustration 518 in FIG. 5C is an instance of a 3D body mesh generated from the user measurements in the illustrations 512, 514 in FIG. 5B. On the other hand, the illustration 520 in FIG. 5C shows an exemplary 3D body mesh for the entire body of a user and the illustration 522 in FIG. 5C shows an exemplary map of joints and vertices corresponding to the 3D mesh 520"; Examiner's note: As shown in FIG. 5C, each patch is composed of at least three vertices so it's implicit that vertex information of each patch at least one patch is different. )
Regarding claim 3, Kanani discloses the method according to claim 2, wherein determining the vertex information of the at least one patch, to obtain the target torso model corresponding to the target object comprises: (see supra rejection of claim 2)
determining a to-be-processed map corresponding to the to-be-processed torso model; and determining the vertex information of the at least one patch based on the to-be-processed map. (FIG. 5A; FIG. 5B; FIG. 5C; claim 3, "further generating a map of vertices and joints in the body portion from the 3D body mesh to provide anchors for rendering the virtual apparel in the real-time image”; para. [0068], "The server 402 also may generate the map of vertices and joints from the 3D body mesh to provide anchors for rendering the virtual apparel in the real-time image"; para. [0067], " In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured."; para. [0067], "On the other hand, the illustration 520 in FIG. 5C shows an exemplary 3D body mesh for the entire body of a user and the illustration 522 in FIG. 5C shows an exemplary map of joints and vertices corresponding to the 3D mesh 520.")
Regarding claim 4, Kanani discloses the method according to claim 1,
wherein trigger operation comprises at least one of following items:
triggering an effect mounting control; (para. [0014], "As mentioned before, an apparatus controller may be operated by the user to interact with a specific virtual apparel.")
triggering the target object; (FIG. 5A)
voice information that triggers an effect mounting wake-up word; and (para. [0013], " The user may be allowed to perform a virtual operation in real time—such as unbuttoning a virtual t-shirt, folding a pair of virtual jeans, or removing an e-belt—with an apparatus controller designed to fit in user's hands or using a hand gesture, voice command, or facial expression without using the controller.")
Regarding claim 6, Kanani discloses The method according to claim 1, wherein determining the pixel point corresponding to the trigger operation comprises: (see supra rejection of claim 1)
in response to the trigger operation comprising limb moving information consistent with preset moving information, determining a geometric center point of the torso model corresponding to the limb moving information, and taking the geometric center point as the pixel point corresponding to the trigger operation. (para. [0067], "for every interval of 15-20 video frames, a web socket 412 or an equivalent application may backward correct the registrations of user's initial body mappings (generated by the UI module 408) using a moving average aggregation and try to minimize a regularized error margin for specific values of the user's body—normalized by a depth factor “D” and intrinsic angle correction in a way that the principal axis of the UE's 204 camera (not shown) is projected towards the center of the user's body (waist)."; para. [0064], " Additionally, the client application 410 also activates the user interface 408 that interfaces with the display screen (not shown) of the UE 204 so that the user 212 can view his/her images or video captured by the camera module 407 on the UE's display. In one embodiment, the UE 204 may be an iPhone™ with camera optics including a 1080 pixel RGB (Red, Green, Blue) camera with a 12 x LiDAR (Light Detection and Ranging) sensor, which may use infrared (IR) laser for depth imaging through measurement of distance, for example, between various key points mentioned below."; Examiner's note: As the torso model is displayed, the geometric center point as a pixel is implicit.)
Regarding claim 8, Kanani discloses the method according to claim 1,
wherein determining the target mounting point based on the target vertex information, and determining the current offset angle of the target object comprises: (see supra rejection of claim 1)
determining a target mounting point on a display interface based on the target vertex information, and (FIG. 8A; FIG. 8B; FIG. 8C; para. [0064], " Additionally, the client application 410 also activates the user interface 408 that interfaces with the display screen (not shown) of the UE 204 so that the user 212 can view his/her images or video captured by the camera module 407 on the UE's display.”; para. [0068], "The server 402 also may generate the map of vertices and joints from the 3D body mesh to provide anchors for rendering the virtual apparel in the real-time image."; para. [0067], "In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured. In particular embodiments, the vertices and joints may include anchors and armature, as well as degrees of freedom of the body skeleton."
determining the current offset angle of the target object based on a deflection angle of the target torso model. (FIG. 8B; FIG. 8C; para. [0067], "On the other hand, the illustration 520 in FIG. 5C shows an exemplary 3D body mesh for the entire body of a user and the illustration 522 in FIG. 5C shows an exemplary map of joints and vertices corresponding to the 3D mesh 520. It is observed that, in some embodiments, the measurement server 402 also may normalize the movement of the user 212 with depth sensing as well as stereo depth estimation algorithms with a good degree of accuracy to enable the motion/pose estimator 403 to more precisely estimate the current (and future) shape and pose of the user 212.”; para. [0072], "In particular embodiments, the parameter “Mu” has a dimensionality of UER 30 μ∈R 30 for the context of the gesture, intent and past “n” sequences of relevant video frames for the user's gesture. Furthermore, in the present disclosure, the differentiable invoke function, M(θ, β)∈R 86890×3, of the SMPL model in the Vibe reference is modified to include the variable “Mu.” Here, “θ” represents pose parameters and “β” represents shape parameters. The pose parameters include the global body rotation and the relative rotation of joints in axis-angle format. The shape parameters may be gender-neutral or may consider user's gender. Therefore, the SMPL-X model in the present disclosure is a differentiable invoke function, M ( 0 , B , u ) ER 18600x3, that outputs a posed 3D mesh of the user 212 considering the temporal state of the virtual garment. The invoke function of the SMPL-X model is more complex because of an extra hidden layer (for example, in the deep CNN 700 in FIG. 7A) for 3D textured mesh that considers the garment characteristics/context in the SMPL model's 3D mesh of user's pose.”)
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Regarding claim 9, Kanani discloses the method according to claim 1,
wherein the target effect is at least one of a static effect and a dynamic effect; (FIG. 8A; FIG. 8B; FIG. 8C)
the static effect is an effect fixed at the target mounting point, (FIG. 8A; para. [0127], "The illustration 800 in FIG. 8A (which is similar to the illustration 508 in FIG. 5B) indicates that the initial measurement of user's body dimensions is completed (for example, by the measurement server 402) and a medium size t-shirt has been recommended for try-on based on user's body profile and pre-stored dimensions of a medium size t-shirt (for example, as provided by the retailer). In the absence of any rotation or movement by the user 212, an exemplary script by the query translator 409 may be as shown at arrow 802 in FIG. 8A. In the illustration 803, the user 212 is shown wearing an actual t-shirt 804, which is fitted over with a virtual t-shirt 806. The virtual pair of pants 808 is also shown fitted over user's actual pants (not visible)." and the dynamic effect is a moving effect associated with the target mounting point. (FIG. 8B, FIG. 8C; para. [0127] - [0128], "In FIG. 8B, the user has tilted and raised user's hands. As a result, the measurement server 402 may perform real-time measurements to determine what dimensional changes or modifications have occurred that may be considered to accurately render the virtual apparels in the user's new pose. Thus, the illustration 810 (which is similar to the illustration 510 in FIG. 5B) indicates that the measurement is “in progress.” Based on the preliminary determination of the user's tilt and other dimensions (for example, through the initial LiDAR measurements), the query translator 409 may generate the exemplary script shown at arrow 812 to assist the measurement server 402 and other units in the retailer module 102 to exactly determine user's modified dimensions and intent. The “ROTATION” command in the script 812 indicates the user's tilt to be 23 degrees along the z-axis, but 0 degree along the x and y axes. It is seen that, because of the user's motion, the “DOMAIN” command in the script 812 now focuses on the user's legs, whereas the “DOMAIN” command in the script 802 initially focused on the user's hands. Like the illustration 803, the illustration 813 also shows the user 212 with the actual t-shirt 804 and the virtual t-shirt 806 (whose rendering is modified as per user's movement to maintain the fit). The position of the virtual pair of pants 808 is also shown modified (from that in the illustration 803) as per user's movement to maintain a realistic fit.
In FIG. 8C, the user has turned fully sideways, raised one leg, and brought down user's hands. As a result, the measurement server 402 may again perform or calibrate the previous measurements for a known pose real-time measurements to determine what dimensional changes or modifications have occurred that may be considered to accurately render the virtual apparels in the user's new pose. Thus, the illustration 815 (which is similar to the illustration 514 in FIG. 5B) indicates that the measurement is “in progress.” Based on the preliminary determination of the user's rotation and other dimensions (for example, through the initial LiDAR measurements), the query translator 409 may generate the exemplary script shown at arrow 817 to assist the measurement server 402 and other units in the retailer module 102 to exactly determine user's modified dimensions and intent. The “ROTATION” command in the script 817 indicates the user's rotation to be 86 degrees along the y-axis and 0 degree along the x and z axes. It is seen that, because of the user's motion, the “DOMAIN” command in the script 817 also focuses on the user's legs. Like the illustrations 803 and 813, the illustration 818 also shows the user 212 with the actual t-shirt 804 and the virtual t-shirt 806 (whose rendering is modified as per user's movement to maintain the fit). The position of the virtual pair of pants 808 is also shown modified (from those in the illustrations 803 and 813) as per user's movement to maintain a realistic fit.")
Regarding claim 10, Kanani discloses the method according to claim 1, the target effect comprising a dynamic effect, (see supra rejection of claim 9) the method further comprising: determining a display style, a moving rate, and a moving path of the dynamic effect. (FIG. 8B; FIG. 8C; para. [0045], "the retailer module 102 may be communicatively coupled to a database 216 in the host system 202. Various data generated during a user's virtual try-on of an item of clothing such as, for example, sartorial measurements of the user's body, data to generate a real-time AR image of the user wearing a virtual apparel, the real-time data representing the user's apparel-specific action(s) and corresponding modifications needed to the virtual apparel being shown in the AR image of the user; one or more components of the retailer module 102 including Application Programming Interfaces (APIs) to external programs or applications; data about various garments—such as, for example, dimensions of various portions of a garment, its clothing material, color, size, texture, and other properties—offered for virtual try-ons;"; para. [0127], "In FIG. 8B, the user has tilted and raised user's hands. As a result, the measurement server 402 may perform real-time measurements to determine what dimensional changes or modifications have occurred that may be considered to accurately render the virtual apparels in the user's new pose. Thus, the illustration 810 (which is similar to the illustration 510 in FIG. 5B) indicates that the measurement is “in progress.” Based on the preliminary determination of the user's tilt and other dimensions (for example, through the initial LiDAR measurements), the query translator 409 may generate the exemplary script shown at arrow 812 to assist the measurement server 402 and other units in the retailer module 102 to exactly determine user's modified dimensions and intent. The “ROTATION” command in the script 812 indicates the user's tilt to be 23 degrees along the z-axis, but 0 degree along the x and y axes. It is seen that, because of the user's motion, the “DOMAIN” command in the script 812 now focuses on the user's legs, whereas the “DOMAIN” command in the script 802 initially focused on the user's hands. Like the illustration 803, the illustration 813 also shows the user 212 with the actual t-shirt 804 and the virtual t-shirt 806 (whose rendering is modified as per user's movement to maintain the fit). The position of the virtual pair of pants 808 is also shown modified (from that in the illustration 803) as per user's movement to maintain a realistic fit." para. [0128],
"In FIG. 8C, the user has turned fully sideways, raised one leg, and brought down user's hands. As a result, the measurement server 402 may again perform or calibrate the previous measurements for a known pose real-time measurements to determine what dimensional changes or modifications have occurred that may be considered to accurately render the virtual apparels in the user's new pose. Thus, the illustration 815 (which is similar to the illustration 514 in FIG. 5B) indicates that the measurement is “in progress.” Based on the preliminary determination of the user's rotation and other dimensions (for example, through the initial LiDAR measurements), the query translator 409 may generate the exemplary script shown at arrow 817 to assist the measurement server 402 and other units in the retailer module 102 to exactly determine user's modified dimensions and intent. The “ROTATION” command in the script 817 indicates the user's rotation to be 86 degrees along the y-axis and 0 degree along the x and z axes."; Examiner's note: Maintaining a realistic fit in real-time based on user's movements corresponds to determining a moving rate and a moving path of the relatively dynamic effect.)
Regarding claim 11, Kanani discloses The method according to claim 10,
wherein mounting the target effect on the target object, to obtain the effect video frame comprises: (see supra rejection of claim 10; para. [0014], "Using Augmented Reality (AR) techniques, the retailer module may generate an augmented image (or video frame) of the user in real-time, with a user-selected virtual apparel fitted on the user")
taking the target mounting point as a starting point of the dynamic effect, moving according to the moving path and the moving rate to obtain the effect video frame. (para. [0074], "Below are certain loss calculations for the garment-rendering model of the present disclosure. Initially, it is observed that the total loss function, Lsmpl-x, for the SMPL-X model may be given as follows:
L SMPL-X=(β−{circumflex over (β)})2+Σt=0 T(θt−{circumflex over (θ)}t)2+Σi=1 KΣt=0 T(μt−{circumflex over (μ)}t)2 (1)
In the equation (1) above, the parameters “0”, “0” and “μ” are the same as mentioned earlier with reference to the invoke function Figure US20220258049A1-20220818-P00005(θ, β, μ). The parameters “{circumflex over (β)}”, “{circumflex over (θ)}”, and “{circumflex over (μ)}” are single instances of predictions of corresponding parameters “β”, “θ” and “μ”. However, in the equation (1), the parameter “μ.” (or “Mu”) also includes coefficient of texture and elasticity for the virtual garment under consideration. Such aspects are defined by attributes “i.” Furthermore, in the equation (1) above, the parameter “μ.” also includes weights for various textures of a garment. These weights are temporal represented by the attribute “T.” Thus, the parameter “μ” contains a context of past timeframe sequences and custom user adjustments when rendering a virtual apparel. In other words, “μ” may be used to focus deeply on motion and configuration based garment interactivity. Furthermore, “T” are temporal frame weights meant for the GRU gating. It is noted that these texture weights may be dependent on the material of the garment such as cotton, leather, and the like. As previously noted, the feature space can be expanded for additional clothing features and/or accessories.";
para. [0091], "In particular embodiments, a differential loss function “L(k,Q)”—where “k” is the video frame sequence and “Q” is the difference between current and past UV map resolutions for the frame sequence—may be regularized within an error margin to optimize for transitions in motion as a person rotates. Such regularization may allow to indicate that the motion is continuous and can be panoramically mapped towards a complete generation of UV body mesh. The query assimilator module 404 may use GRUs 706 for spatial and temporal segmentation to perform noise reduction in the user's UV body mesh. The GRUs may be used as Fully Connected (FC) localizers with standard gating on update vectors as well activations mapped to the trigger function of the intent as described later. This will help restore and estimate the temporal network of user's body mesh. In one embodiment, the GRUs 706 may be Convolutional GRUs (CGRUs) having 3 hidden layers and 2 pooling layers with T=10 as sequence length. In one embodiment, the pooling may be performed for 5 seconds, which can result in the sequence of length of 100 video frames at 20 frames per second (fps). The size of each hidden layer may be 512 neurons for real-time rendering (or the size of [256 neurons, 512 neurons, 256 neurons] for three hidden layers, respectively, may also work for lightweight models). Additional discussion of a CGRU may be obtained from https://paperswithcode.com/method/cgru. In one embodiment, the GRUs 706 may be implemented as a classic neural networksuch as, for example, a Residual Network (ResNet—over 1080p (or 2080p) Nvidia® Graphics Processing Units (GPUs)."; para. [0127], "In FIG. 8B, the user has tilted and raised user's hands. As a result, the measurement server 402 may perform real-time measurements to determine what dimensional changes or modifications have occurred that may be considered to accurately render the virtual apparels in the user's new pose. Thus, the illustration 810 (which is similar to the illustration 510 in FIG. 5B) indicates that the measurement is “in progress.” Based on the preliminary determination of the user's tilt and other dimensions (for example, through the initial LiDAR measurements), the query translator 409 may generate the exemplary script shown at arrow 812 to assist the measurement server 402 and other units in the retailer module 102 to exactly determine user's modified dimensions and intent. The “ROTATION” command in the script 812 indicates the user's tilt to be 23 degrees along the z-axis, but 0 degree along the x and y axes. It is seen that, because of the user's motion, the “DOMAIN” command in the script 812 now focuses on the user's legs, whereas the “DOMAIN” command in the script 802 initially focused on the user's hands. Like the illustration 803, the illustration 813 also shows the user 212 with the actual t-shirt 804 and the virtual t-shirt 806 (whose rendering is modified as per user's movement to maintain the fit). The position of the virtual pair of pants 808 is also shown modified (from that in the illustration 803) as per user's movement to maintain a realistic fit.")
Regarding claim 12, Kanani discloses The method according to claim 11,
wherein taking the target mounting point as the starting point of the dynamic effect, moving according to the moving path and the moving rate to obtain the effect video frame comprises: (see supra rejection of claim 11)
determining at least one path vertex of the target effect on the target torso model based on the target vertex information of the target mounting point, the moving path, and the moving rate; and (FIG. 8B; FIG 8C; claim 3, "further generating a map of vertices and joints in the body portion from the 3D body mesh to provide anchors for rendering the virtual apparel in the real-time image… the 3D body mesh and the map of vertices and joints as modified by real-time temporal motion of the user captured through the field of view of the camera"; para. [0089], "in the retailer module 102, a 3D generative model for learning parameters is fitted on established corpus and discriminative models are trained for regressing the pose and shape of the human body in order to predict the 3D body mesh as well as clothing/apparel mesh."; para. [0067], "In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured. In particular embodiments, the vertices and joints may include anchors and armature, as well as degrees of freedom of the body skeleton."; para. [0068], "The server 402 also may generate the map of vertices and joints from the 3D body mesh to provide anchors for rendering the virtual apparel in the real-time image."; para. [0127], "In FIG. 8B, the user has tilted and raised user's hands. As a result, the measurement server 402 may perform real-time measurements to determine what dimensional changes or modifications have occurred that may be considered to accurately render the virtual apparels in the user's new pose. Thus, the illustration 810 (which is similar to the illustration 510 in FIG. 5B) indicates that the measurement is “in progress.” Based on the preliminary determination of the user's tilt and other dimensions (for example, through the initial LiDAR measurements), the query translator 409 may generate the exemplary script shown at arrow 812 to assist the measurement server 402 and other units in the retailer module 102 to exactly determine user's modified dimensions and intent. The “ROTATION” command in the script 812 indicates the user's tilt to be 23 degrees along the z-axis, but 0 degree along the x and y axes. It is seen that, because of the user's motion, the “DOMAIN” command in the script 812 now focuses on the user's legs, whereas the “DOMAIN” command in the script 802 initially focused on the user's hands. Like the illustration 803, the illustration 813 also shows the user 212 with the actual t-shirt 804 and the virtual t-shirt 806 (whose rendering is modified as per user's movement to maintain the fit). The position of the virtual pair of pants 808 is also shown modified (from that in the illustration 803) as per user's movement to maintain a realistic fit."; Examiner's note: clothing/apparel mesh corresponds to at least at least one path vertex of the target effect.)
determining an effect video frame of moving of the target effect on the target torso model based on the target vertex information and the at least one path vertex. (FIG. 8B; FIG 8C; para. [0014], "Using Augmented Reality (AR) techniques, the retailer module may generate an augmented image (or video frame) of the user in real-time, with a user-selected virtual apparel fitted on the user"; para. [0067], "In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured. In particular embodiments, the vertices and joints may include anchors and armature, as well as degrees of freedom of the body skeleton."; para. [0089], "in the retailer module 102, a 3D generative model for learning parameters is fitted on established corpus and discriminative models are trained for regressing the pose and shape of the human body in order to predict the 3D body mesh as well as clothing/apparel mesh.")
Regarding claim 14, claim 14 has similar limitations as of claim 1, except claim 14 is the electronic device claim including an electronic device, comprising: (para. [0050], "Modern computing systems include many different types of consumer and commercial electronic devices such as, for example, personal computers (e.g., desktops or laptops), tablet computers, mobile devices (e.g., personal digital assistants (PDAs), User Equipments (UEs), or smart phones), corporate (or small business) server and data processing systems (e.g., blade server or rack server), a network storage device, and the like. ") at least one processor; and a storage apparatus, configured to store at least one program, the at least one program, when executed by the at least one processor, causes the at least one processor to: (para. [0177], "The memory 1104 and the peripheral storage unit 1112 are examples of non-transitory computer media (e.g., memory storage devices) for storing instructions that can be executed by the processor 1102 to perform the various functions described herein."; para. [0017], "In a further embodiment, the present disclosure is directed to a computer program product comprising a non-transitory computer-usable medium having computer-readable program code embodied therein, wherein the computer-readable program code, when executed by a computing system, causes the computing system to implement a method") to the method claim 1, therefore, the claim 14 is rejected under the same rationale as claim 1.
Regarding claim 15, claim 15 has similar limitations as of claim 1, except claim 15 is the non-transitory storage medium claim including comprising computer-executable instructions, wherein the computer-executable instructions, when executed by a computer processor, are used for performing an image processing method, the method comprises: (para. [0180], "In one embodiment, a non-transitory, computer-readable data storage medium, such as, for example, the system memory 1104 or the peripheral data storage unit 1112, may store program code or software for the VCI application 100 (or a portion thereof) as per particular embodiments of the present disclosure."; para. [0177], "The memory 1104 and the peripheral storage unit 1112 are examples of non-transitory computer media (e.g., memory storage devices) for storing instructions that can be executed by the processor 1102 to perform the various functions described herein."; para. [0176], "The processor 1102 is a hardware device that may include a single processing unit or a number of processing units, all of which may include single or multiple computing units or multiple cores. When the computing device 1100 is a multiprocessor system, there may be more than one instance of the processor 1102 or there may be multiple other processors coupled to the processor 1102 via their respective interfaces (not shown). The processor 1102 may include an integrated Graphics Processing Unit (GPU) or the GPU may be a separate processor device in the system 1100. The processor 1102 may be implemented as one or more microprocessors, microcomputers, microcontrollers, Digital Signal Processors (DSPs), Central Processing Units (CPUs), Graphics Processing Units (GPUs), state machines, logic circuitries, virtual machines, and/or any devices that manipulate signals based on operational instructions. Among other capabilities, the processor 1102 may be configured to fetch and execute computer-readable instructions stored in the memory 1104, the peripheral storage 1112, or other computer-readable media. In some embodiments, the processor 1102 may be a System on Chip (SoC).") to the method claim 1, therefore, the claim 15 is rejected under the same rationale as claim 1.
Regarding claim 16, Kanani discloses The method according to claim 1,
wherein determining the target patch within the target torso model based on the pixel point comprises: (see supra rejection of claim 1)
setting a unique texture coordinate for each vertex of the target torso model; (para. [0012], " The solution allows the user to interact with the virtual apparel for identifying, defining, and changing the look, fit, and design of the specific apparel on the user's own body in real-time as per individual needs."; para. [0014], "As mentioned before, an apparatus controller may be operated by the user to interact with a specific virtual apparel."; para. [0067], "In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured. In particular embodiments, the vertices and joints may include anchors and armature, as well as degrees of freedom of the body skeleton." Examiner’s note: the virtual apparel display corresponds to setting a unique texture coordinate.)
rendering to produce a render texture based on texture coordinates of vertices of the target torso model; and
determining the target patch within the target torso model based on the pixel point and the render texture. (FIG. 8A; FIG. 8B; FIG. 8C; [0068], "The server 402 also may generate the map of vertices and joints from the 3D body mesh to provide anchors for rendering the virtual apparel in the real-time image."; para. [0067], "In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured. In particular embodiments, the vertices and joints may include anchors and armature, as well as degrees of freedom of the body skeleton."; para. [0127], “Like the illustration 803, the illustration 813 also shows the user 212 with the actual t-shirt 804 and the virtual t-shirt 806 (whose rendering is modified as per user's movement to maintain the fit). The position of the virtual pair of pants 808 is also shown modified (from that in the illustration 803) as per user's movement to maintain a realistic fit.”)
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kanani
(US 20220258049 A1) in view of Bar-On (US 20170337728 A1).
Regarding claim 7, Kanani discloses the method according to claim 1, wherein determining the target mounting point based on the target vertex information comprises: (see supra rejection of claim 1)
(para. [0067], "In particular embodiments, the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured. In particular embodiments, the vertices and joints may include anchors and armature, as well as degrees of freedom of the body skeleton."; para. "[0056], "The computing system may interpret the user's interaction(s) in real-time to predict what the user wishes to do with the virtual apparel. For example, if the virtual apparel is a t-shirt, the user may touch/press the virtual button(s) of the t-shirt with the hand controller or may twist the virtual collar of the t-shirt with the hand controller. The computing system may interpret these gestures in real-time to infer the apparel-specific action intended by the user—for example, that the user wishes to unbutton the t-shirt or fold/unfold its collar (depending on the sensed direction of twisting of the virtual collar). Consequently, at block 305, the computing system (such as the UE 204) may display, in real time, the augmented image of the user having the virtual apparel modified therein as per the apparel-specific action. For example, in case of the unbuttoning of the virtual t-shirt, the computing system may display the augmented image with the t-shirt opening and coming off of the user's torso and upper arms in real-time."; para. [0089], "in the retailer module 102, a 3D generative model for learning parameters is fitted on established corpus and discriminative models are trained for regressing the pose and shape of the human body in order to predict the 3D body mesh as well as clothing/apparel mesh.")
Kanani does not explicitly disclose performing interpolation processing on the vertex information of the target patch.
However, Bar-On more explicitly teaches performing interpolation processing on the vertex of the target patch. (claim 1, "division logic of the interpolation mechanism to interpolate positions of one or more of the plurality of triangles"; para. [0066], “In some embodiments, pixel shader 602 calculates the values of the various vertex attributes that are to be interpolated across the rasterized object.”)
As both Kanani and Bar-on are from the same field of endeavor, it would have
been obvious to one of ordinary skill in the art before the effective filing date of the
claimed invention to include performing interpolation processing on the vertex information of target patch, in the context of image processing, by Kanani according to the teaching of Bar-On in order to render triangles efficiently. (Abstract of Bar-On).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kanani
(US 20220258049 A1) in view of Sun et al. (US 20240278138 A1) (hereinafter Sun).
Regarding claim 17, Kanani discloses The method according to claim 1,
wherein the trigger operation comprises a touch operation on the target object, and determining the pixel point corresponding to the trigger operation comprises:
determining a pixel point corresponding to a touch point of the touch operation operation. (FIG. 5A; FIG. 5C; para. [0067], " the measurement server 402 may use a convex hull based on different key points (such as the key points 506 in FIG. 5A) and initial body measurements (such as the seam, waist, bust, butt, thighs, shoulders, and the like as illustrated in FIG. 5B) to construct 3D body mesh, vertices and joints of the user's 212 body portion being measured."; para. [0056], "The computing system may interpret the user's interaction(s) in real-time to predict what the user wishes to do with the virtual apparel. For example, if the virtual apparel is a t-shirt, the user may touch/press the virtual button(s) of the t-shirt with the hand controller or may twist the virtual collar of the t-shirt with the hand controller. The computing system may interpret these gestures in real-time to infer the apparel-specific action intended by the user—for example, that the user wishes to unbutton the t-shirt or fold/unfold its collar (depending on the sensed direction of twisting of the virtual collar). Consequently, at block 305, the computing system (such as the UE 204) may display, in real time, the augmented image of the user having the virtual apparel modified therein as per the apparel-specific action. For example, in case of the unbuttoning of the virtual t-shirt, the computing system may display the augmented image with the t-shirt opening and coming off of the user's torso and upper arms in real-time." )
Kanani does not explicitly disclose a touch point of the touch operation on a display interface as the pixel point corresponding to the trigger operation.
However, Sun explicitly teaches a touch point of the touch operation on a display interface as the pixel point corresponding to the trigger operation. (para. [0074], “For example, as shown in FIG. 8, a template selection control may be configured in the display interface, and a template selection list may be pushed in response to a touch operation by the user on the template selection control; and in response to a selection operation for the template selection list, a current template is replaced with a selected template.”; para. [0087], “A touch operation of displaying or closing may be implemented through touching of a specific control or the display interface, including, for example, tapping with two knuckles, or drawing a circle with a finger.”)
As both Kanani and Sun are from the same field of endeavor, it would have
been obvious to one of ordinary skill in the art before the effective filing date of the
claimed invention to include a touch point of the touch operation on a display interface as the pixel point corresponding to the trigger operation, in the context of applying effect on an image, by Kanani according to the teaching of Sun in order to recognize the touch point from a display interface to trigger touch operation.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hyorim Park whose telephone number is (571)272-3859. The examiner can normally be reached Monday - Friday.
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/Hyorim Park/Examiner, Art Unit 2615
/ALICIA M HARRINGTON/Supervisory Patent Examiner, Art Unit 2615
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