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 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 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "the manufacturing control system" in third line of the claim. There is insufficient antecedent basis for this limitation in the 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.
Claim(s) 1, 6 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GUPTA et al. (US 2014/0277683 A1).
Regarding claims 1, 6 and 11, GUPTA discloses a system [and corresponding method] comprising: a user equipment (body scanner that creates body scan 14; web interface 30 that can comprise both a client computer related to elements 15-19 and pattern design tools 21 for use by a fashion designer 13) configured to receive user input including user characteristic information (note customer profile 15 which can include body scan 14; customer preferences, etc.) and product characteristic information (garment patterns, which would include item/pattern of interest, uploaded by the fashion designer 13 using pattern design tools 21) (Fig. 1); a product presentation system (associated with 16, 17; Fig. 1) configured to present product configurations to the user, wherein the product presentation system is further configured to receive a product selection (Fig. 1; 16, 17) from the user equipment, wherein the product selection comprises order line item details (selected pattern associated with customer profile 15) and a recipe specification (includes identification of selected pattern with “digital information required to prepare the desired garment”) (also includes clothing fit information based on selection of custom features 17; “looser or tighter fits around specific parts of a customer’s body”) (para 0143-0144); a manufacturing control system (65; 107) configured to provide, based on the user characteristic information and the product characteristic information, the product configurations to the product presentation system, wherein the product configurations include one or more configuration for a clothing product corresponding to the item of interest for the user, wherein the manufacturing control system is configured to retrieve the order line item details and the recipe specification from the product presentation system, wherein the manufacturing control system is configured to determine a manufacturing specification for manufacture of an article corresponding to the product selection, wherein the manufacturing control system is configured to determine a manufacturing format for one or more manufacturing machines, wherein the manufacturing control system is configured to generate manufacturing instructions based on the manufacturing specification and the manufacturing format, wherein the manufacturing control system is configured to transmit the manufacturing instructions to a manufacturing system (note elements 23-28 of figure 1) (Figures 4-22, paying particular attention to figure 9) (para 0016, 0145-0146, 0152-0154,0173-0174); and the manufacturing system configured to receive the manufacturing instructions from the manufacturing control system, wherein the manufacturing system is configured to provide the manufacturing instructions to the one or more manufacturing machines; and the one or more manufacturing machines configured to manufacture the article corresponding to the product selection based on the manufacturing instructions (note elements 23-28 of figure 1) (Figures 4-22, paying particular attention to figure 9) (para 0016, 0145-0146, 0152-0154,0173-0174).
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) 2-5, 7-10 and 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over GUPTA et al. (US 2014/0277683 A1) in view of BIJVOET (US 2004/0078285 A1).
Regarding claims 2, 7, 12 and 16, GUPTA discloses a system for creating custom garments as discussed above wherein a user’s body measurements are derived from point cloud data converted from a 3D body scan of the user. However, GUPTA fails to disclose a feature prediction system associated therewith. Note that because a body scanner is large and bulky, the user of GUPTA must have their body scanned at a retail location. BIJVOET discloses a system for creating custom garments wherein a user’s body measurements (i.e., predicted features) are determined using a feature prediction system (Predictor Model of 14; Fig. 1) (para 0039) based on user characteristic information (body metrics: age A, weight W, height H, collar size C; note 10 of figure 1), a product configurator system (14) configured to generate customized product configuration information based at least in part on the user characteristic information and further based at least in part on the predicted features (clothing pattern data as determined by 14; Fig. 1) (para 0040), wherein a product presentation system is configured to present the product configurations to the user based at least in part on the customized product configuration information (note visual product rendering 20 of figure 1 which is “interactively updatable”) (para 0040-0041). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the system of GUPTA with a feature prediction system, in light of the teachings of BIJVOET, in order to allow a user without the ability or desire to physically travel to create custom garments from home.
For future reference, note that RAMSEY et al. (US 6,516,240 B2) also discloses predicting body measurements based on user characteristic information (Fig. 2). Additionally, SAREEN et al. (US 2016/0247017 A1) disclose a prediction system for both the recommendation of garments (Fig. 24) and for predicting garment size (Fig. 20).
Regarding claims 3, 8 and 13, GUPTA discloses a digital asset system configured to generate one or more manufacturing digital assets (generated digital pattern 23 which can be considered a “technical pack” and/or “textile pattern images”; Fig. 1) for manufacture of the article, wherein the digital asset system is configured to receive the recipe specification from the manufacturing control system, wherein the digital asset system is configured to generate the one or more manufacturing digital assets based at least in part on the recipe specification, wherein the manufacturing control system is configured to determine the manufacturing specification based at least in part on the manufacturing digital assets (Figures 1 and 9).
Regarding claims 4, 9 and 14, GUPTA discloses a logistics system (Automated Handling and Control of 28; Fig. 1) configured to cause the physical transport of the manufactured article from the one or more manufacturing machines to the user, wherein the manufacturing control system is configured to select the one or more manufacturing machines for manufacture of the article based at least in part on a logistics specification provided by the logistics system, wherein the manufacturing control system is configured to select the one or more manufacturing machines for manufacture of the article of clothing based at least in part on a comparison of manufacturing geographic location (location within manufacturing space as compared to other machines) information provided in the logistics specification with a user geographic location information for the user (Figures 4-10, 12-17 and 20-22).
Regarding claim 5, 10 and 15, GUPTA discloses wherein the manufacturing control system (65; 107) is configured to generate the manufacturing instructions in a format that is machine-readable by the one or more manufacturing machines configured to manufacture the article corresponding to the product selection (Fig. 9).
Regarding claim 17, GUPTA discloses wherein the manufacturing instructions includes one or more of pattern information or stitching information (note boxes 23-27 of 28 as shown in figure 1) (Fig. 9).
Regarding claim 18, GUPTA discloses wherein the one or more manufacturing machines includes one or more of a cutting machine, a sewing machine, an embroidery machine, or a fabric printer (Figures 4-5, 7, 9, 11-12, and 18-20) (para 0101; finishing machine can be a printer).
Regarding claims 19 and 20, GUPTA discloses wherein the manufacturing instructions identify a manufacturing work order for one article of the article of clothing (which is less than ten articles of clothing) (Fig. 1; a single pattern is selected at 16 and a single garment is manufactured at 28).
Conclusion
The prior art made of record, as cited on attached PTO-892, and not relied upon is considered pertinent to applicant's disclosure. The references from the applicant-provided International Search Report (ISR) have been cited on the attached PTO-892, including US 9,623,578, US 2016/0247017 and US 2010/0030578. As noted in the prior art rejection above, RAMSEY et al. (US 6,516,240 B2) discloses predicting body measurements based on user characteristic information (Fig. 2) and SAREEN et al. (US 2016/0247017 A1) disclose a prediction system for both the recommendation of garments (Fig. 24) and for predicting garment size (Fig. 20).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN E DURHAM whose telephone number is (571)272-8642. The examiner can normally be reached 8:00 am - 4:00 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa J Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NED
/NATHAN E DURHAM/Primary Examiner, Art Unit 3732
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