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 .
Claim Objections
Claims 6 and 8 are objected to because of the following informalities:
Claim 6 recites “the body measurements”, but claim 1 never introduces this feature. Perhaps dependency should be from 4?
Claim 8 is objected to be cause the phrase “the piece of correlation data previously recorded” is awkward after first reading “each piece of correlation data previously recorded” Which piece is being referred to?
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1, 4-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Gardner, U.S. Patent Application Publication No. 2004/0049309 A1(‘309), in view of Gardner, U.S. Patent Application Publication No. 2008/0312765 A1 (‘765).
As per claim 1, ‘309 in view of ‘765 discloses a method for producing a garment or bag (e.g., See ‘309; [1115], which discloses supplying a garment that a garment manufacturer cuts, sews, and finishes), comprising the following steps:
a) recording a digital reference template for producing a garment or bag having a set of fixed digital points (e.g., See ‘309; [0039], [0690] and [0712], which disclose digitally stored pattern pieces and Design Points, including Design Points having fixed positions);
b) generating a digital production template for the garment or bag comprising the set of fixed digital points of the digital reference template and at least one digital line connecting at least two fixed digital points (e.g., See ‘309; [0043] – [0044] and [0966], which disclose modifying a garment representation using the Design Points to form modified pattern pieces and specifying a line between two other points);
c) recording the digital production template in a database (e.g., See ‘309; [1117] and[1120], which discloses a database holding garment information, including sets of pattern pieces);
e) establishing at least one selection criterion (e.g., See ‘309; [1061], which discloses assessing the suitability of designs for an individual consumer using an eigen shape database);
g) determining the final digital production template from among the selected digital production templates (e.g., See ‘309; [1114] – [1115], which disclose a customer browsing available garments and requesting a specific garment from the available garments); and
h) producing the garment or bag in accordance with the final digital production template (e.g., See ‘309; [1115], which discloses the garment manufacturer cutting, sewing, and finishing the specific garment requested by the customer).
However, ‘309 does not specifically disclose step d) whereby steps b) and c) are repeated a determined number of times.
‘765 discloses this missing step by disclosing pattern pieces for a base garment being graded into a family of pattern pieces and a database being created for the resulting virtual garments (e.g., See ‘765; [0022]).
Further, with respect to step f), although ‘309 discloses the database identifying the eigen bodies for which each design is suitable and electronically assembling a selection of clothes (e.g., See ‘309; [1125] – [1126]), ‘309 does not specifically disclose selecting at least two digital production templates corresponding to the selection criterion.
‘765 discloses the missing plurality feature by disclosing a database of a family of n virtual garments generated from graded pattern pieces (e.g., See ‘765; [0022]), thereby providing multiple virtual garments for selection using ‘309’s suitability information.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have incorporated the teachings of ‘765 into ‘309 for the purpose of providing multiple stored graded garments for comparison with consumer fit criteria, thereby improving garment fit while reducing the need to produce multiple physical samples.
As per claim 4, ‘309 in view of ‘765 further discloses that step e) comprises acquiring body measurements (e.g., See ‘309; [0100] and [1028], which disclose a 3D body scan capturing digital data identifying a customer’s body dimensions).
As per claim 5, ‘309 in view of ‘765 further discloses that step g) comprises:
displaying, for each selected digital production template, a three-dimensional rendering of the garment or bag that can be produced in accordance with said template (e.g. See ‘309; [1114], which discloses the customer viewing a three-dimensional virtual image of the garment as made to the customer’s size); and
retrieving a selection of the final digital template entered via a user interface (e.g., See ‘309; [1114] - [1115], which discloses the customer using a PC or terminal and inputting a request to be supplied with the garment as viewed).
As per claim 6, ‘309 in view of ‘765 further discloses that step g) comprises displaying, for each selected digital production template, a three-dimensional rendering of the garment or bag that can be produced in accordance with said template (e.g. See ‘309; [1114], which discloses the customer viewing a three-dimensional virtual image of the garment as made to the customer’s size); and
a three-dimensional rendering of the body measurements inside the three-dimensional rendering of the garment or bag (e.g., See ‘309; [1028], [1031] and [1114], which disclose a body shape of the customer being used as an avatar to create a virtual image, and the virtual image showing the customer wearing the garment); and
retrieving a selection of the final digital template entered via a user interface (e.g., See ‘309; [1114] - [1115], which discloses the customer using a PC or terminal and inputting a request to be supplied with the garment as viewed).
As per claim 9, ‘309 in view of ‘765 further discloses a garment being produced according to the method of claim 1 (e.g., See ‘309; [1115], which discloses the specific garment being cut, sewn, and finished by the garment manufacturer for the customer).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Gardner, U.S. Patent Application Publication No. 2004/0049309 A1(‘309), in view of Gardner, U.S. Patent Application Publication No. 2008/0312765 A1 (‘765), as applied to claim 1, from above, and further in view of Watanabe, U.S. Patent Application Publication No. 2004/0158345 A1 (‘345).
As per claim 2, although ‘309 in view of ‘765 renders obvious repeating steps b) and c) a determined number of times (e.g., See ‘765; [0022]), ‘309 in view of ‘765 does not specifically disclose that the determined number of times is greater than or equal to 1000.
‘345 discloses this missing scale feature by disclosing a custom garment facility storing thousands of try on garments and base patterns (e.g., See ‘345; [0038]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have incorporated the teachings of ‘345 into ‘309 in view of ‘765 for the purpose of generating and storing thousands of garment and pattern options, thereby increasing the number of available garment options for selection.
Claims 3 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gardner, U.S. Patent Application Publication No. 2004/0049309 A1(‘309), in view of Gardner, U.S. Patent Application Publication No. 2008/0312765 A1 (‘765), as applied to claim 1, from above, and further in view of Sights, U.S. Patent Application Publication No. 2021/0065287 A1 (‘287).
As per claim 3, although ‘309 in view of ‘765 discloses establishing at least one selection criterion (e.g., See ‘309; [1061], which discloses assessing the suitability of designs for an individual consumer using an eigen shape database), ‘309 in view of ‘765 does not specifically disclose retrieving at least one criterion entered via a user interface.
‘287 discloses this missing feature by disclosing a customer entering search parameters for garments or garment features through a text box displayed on a display screen (e.g., See ‘287; [0270]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have incorporated the teachings of ‘287 into ‘309 in view of ‘765 for the purpose of allowing a customer to enter garment search parameters through a displayed text box, thereby enabling direct filtering of garment choices according to the customer’s needs.
As per claim 11, ‘309 in view of ‘765, in further view of ‘287 discloses a system that utilizes:
a microprocessor able to run a computer program so as to carry out the steps of said method (e.g., See ‘309; [0153] and [1114], which disclose a personal computer running programs that use garment data to perform the disclosed processes);
a computer mass storage device on which said computer program is stored, said mass storage device being designed to record the digital reference template, the digital production templates, and the final digital production template (e.g., Although ‘309’s combined system discloses storing data and images defining pattern pieces and Design Points in a computer capable of digital recording (e.g., See ‘309; [0039]), and a database of a family of n virtual garments (e.g., See ‘765; [0022]), ‘309 in view of ‘765 does not specifically disclose a computer mass storage device on which the computer program itself is stored. ‘287 discloses this missing feature by disclosing a computer system having mass storage devices (e.g., See ‘287; [0107]) and software stored on one of the mass storage devices (e.g., See ‘287; [0109]));
a user interface designed to display the selected digital production templates and enable the selection of one of said selected digital production templates so as to determine the final digital production template from among the selected digital production templates (e.g., See ‘309; [1114] – [1115], which disclose the personal computer or a dedicated terminal for browsing available garments, viewing a garment, and requesting the garment as viewed); and
a digital production unit designed to produce the garment or bag in accordance with the final digital production template (e.g., See ‘309; [1075] and [1115], which disclose sets of pattern pieces supplied as a data set to drive a computer controlled cutting machine and a garment manufacturer cutting, sewing, and finishing the garment as viewed).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have incorporated the teachings of ‘287 into ‘309 in view of ‘765 for the purpose of persistently storing an executable garment processing program, thereby enabling repeated operation without reloading the program from an external source.
As per claim 12, ‘309’ in view of ‘765, in further view of ‘287 discloses that the user interface comprises a virtual reality headset (e.g., See ‘287; [0267], which discloses a showroom including one or more virtual reality headsets that display garments).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Gardner, U.S. Patent Application Publication No. 2004/0049309 A1(‘309), in view of Gardner, U.S. Patent Application Publication No. 2008/0312765 A1 (‘765), as applied to claim 1, from above, and further in view of Bright, U.S. Patent Application Publication No. 2014/0244431 A1 (‘431).
As per claim 7, although ‘309 in view of ‘765 discloses establishing a selection criterion and determining a final digital production template, ‘309 in view of ‘765 does not specifically disclose recording correlation data between the selection criterion and the final digital production template.
‘431 discloses this missing feature by identifying correlations and relationships in consumer and item data and storing a fit score for each consumer item combination in a database (e.g., See ‘431; [0062] and [0070]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have incorporated the teachings of ‘431 into ‘309 in view of ‘765 for the purpose of storing associations between consumer criteria and selected garment options, thereby improving later identification of garment options suited to similar criteria.
As per claim 8, ‘309 in view of ‘765, in further view of ‘431 discloses that step f) comprises comparing the at least one selection criterion with each piece of correlation data previously recorded, and selecting, from the database, at least two digital production templates for which the at least one selection criterion corresponds to the piece of correlation data previously recorded (e.g., See ‘431; [0070], [0082] and [0086], which disclose stored fit scores for consumer item combinations, a list of items matching criteria supplied by a user in order of fit score, and the top m items in order of predicted fit).
Claim 13 is ejected under 35 U.S.C. 103 as being unpatentable over Gardner, U.S. Patent Application Publication No. 2004/0049309 A1(‘309), in view of Gardner, U.S. Patent Application Publication No. 2008/0312765 A1 (‘765), as applied to claim 1, from above, and further in view of Caven, U.S. Patent Application Publication No. 2020/0250421 A1 (‘421).
As per claim 13, although ‘309 in view of ‘765 discloses producing a garment according to the combined digital pattern production method (e.g., See ‘309; [1115]), ‘309 in view of ‘765 does not specifically disclose producing a bag according to the method.
‘421 discloses this missing product feature by disclosing digital sewing pattern files used as templates for cutting fabric to make garments or bags (e.g., See ‘421; [0002] and [0007]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have incorporated the teachings of ‘421 into ‘309 in view of ‘765 for the purpose of applying the digital pattern production method to bags, thereby expanding the range of sewn products produced using the same pattern making process.
References Considered but Not Relied Upon
The following references were considered but were not relied upon with respect to any prior art rejections:
(1) US 2020/0402126 A1, which discloses creating a base digital garment file, changing points and edges using body measurement, storing the custom file, and sending it for garment production;
(2) US 4,916,634 A, which discloses storing garment patterns as points and lines, linking them to body measurements, and preparing the patterns for computerized fitting changes;
(3) US 6,473,671 B1, which discloses using body measurement, pattern databases, and a large style library to create virtual garments and retrieve pattern information for manufacturing;
(4) US 2003/0076318 A1, which discloses measuring a person, recommending and displaying garments, creating custom garment patterns, and sending processing information to a manufacturer;
(5) US 2014/0277683 A1, which discloses using body shape and style preferences to create digital garment instructions and automatically controlling equipment that manufactures the selected garment; and
(6) US 2019/0008225 A1, which discloses creating a garment pattern, scanning the customer, customizing the pattern to the customer’s size, and automatically manufacturing the garment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD D HARTMAN JR whose telephone number is (571)272-3684. The examiner can normally be reached M-F 8:30 - 4:30 EST.
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/RONALD D HARTMAN JR/Primary Patent Examiner, Art Unit 2119 August 27, 2026
/RDH/
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