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 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.
DOUBLE PATENTING
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 – 15 of the current application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 5, 6, 7, 9, 10, 11, 12, and 13 of US Patent Application 12,211,164 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the current application claims are essentially covered by the limitations of the patent claims.
Claims 16 – 19 of the current application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15, 16, 10, 19, and 9 of US Patent Application 12,211,164 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the current application claims are essentially covered by the limitations of the patent claims.
Claim 20 of the current application is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17 and 10 of US Patent Application 12,211,164 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the current application claims are essentially covered by the limitations of the patent claims.
Illustrated below is a summary of the mapping between claims of the application 18988555 ad corresponding claims of U.S. Patent 12,211,164 B2. Also note method and system claims are obvious variations.
Current Application
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Patent application
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Current Application
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Patent application
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Current Application
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Patent application
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Also, shown below is a mapping between the limitations of independent claim 1 of current application U.S. Patent Application 18988555 and independent claim 1 of U.S. Patent Application 12,211,164 B2.
Claims
Current Application
Claims
Patent Application
1
A garment simulation method, the method comprising:
1
A garment simulation method, the method comprising:
displaying a piece of a three-dimensional (3D) garment at a first depth level where a first granular level of editing is enabled for the piece, the piece comprising two-dimensional (2D) patterns; receiving selection of one of the 2D patterns responsive to displaying the piece;
displaying a piece of a three-dimensional (3D) garment at a first depth level where a first granular level of editing is enabled for the piece, the piece comprising two-dimensional (2D) patterns; receiving selection of one of the 2D patterns responsive to displaying the piece;
displaying, at a second depth level, by visualizing the selected 2D pattern in a manner in which the selected 2D pattern is not occluded by unselected one or more 2D patterns or other pieces of the 3D garment, wherein a second granular level of editing that is finer than the first granular level is enabled for the selected 2D pattern in the second depth level; receiving first input to deform the selected 2D pattern in the second depth level responsive to display the selected 2D pattern; and displaying a deformed version of the selected piece by reflecting the deformation of the selected pattern.
displaying, at a second depth level, by visualizing the selected 2D pattern in a manner in which the selected 2D pattern is not occluded by unselected one or more 2D patterns or other pieces of the 3D garment, wherein a second granular level of editing that is finer than the first granular level is enabled for the selected 2D pattern in the second depth level; receiving first input to deform the selected 2D pattern in the second depth level responsive to display the selected 2D pattern; and displaying a deformed version of the selected piece by reflecting the deformation of the selected pattern.
17
A non-transitory computer-readable storage medium storing instructions therein, the instructions when executed by a processor cause the processor to: display a piece of a three-dimensional (3D) garment at a first depth level where a first granular level of editing is enabled for the piece, the piece comprising two-dimensional (2D) patterns;
17
A non-transitory computer-readable storage medium storing instructions therein, the instructions when executed by a processor cause the processor to: display a piece of a three-dimensional (3D) garment at a first depth level where a first granular level of editing is enabled for the piece, the piece comprising two-dimensional (2D) patterns;
receive selection of one of the 2D patterns responsive to displaying the piece; display, at a second depth level, by visualizing the selected 2D pattern in a manner in which the selected 2D pattern is not occluded by unselected one or more 2D patterns or other pieces of the 3D garment, wherein a second granular level of editing that is finer than the first granular level is enabled for the selected 2D pattern in the second depth level; receive first input to deform the selected 2D pattern in the second depth level responsive to display the selected 2D pattern; and display a deformed version of the selected piece by reflecting the deformation of the selected pattern.
receive selection of one of the 2D patterns responsive to displaying the piece; display, at a second depth level, by visualizing the selected 2D pattern in a manner in which the selected 2D pattern is not occluded by unselected one or more 2D patterns or other pieces of the 3D garment, wherein a second granular level of editing that is finer than the first granular level is enabled for the selected 2D pattern in the second depth level; receive first input to deform the selected 2D pattern in the second depth level responsive to display the selected 2D pattern; and display a deformed version of the selected piece by reflecting the deformation of the selected pattern.
18
A computing device, comprising: a processor; and a memory coupled to the processor and storing instructions thereon, the instructions when executed by the processor cause the processor to: display a piece of a three-dimensional (3D) garment a first depth level where a first granular level of editing is enabled for the piece, the piece comprising two-dimensional (2D) patterns;
26
A computing device, comprising: a processor; and a memory coupled to the processor and storing instructions thereon, the instructions when executed by the processor cause the processor to: display a piece of a three-dimensional (3D) garment a first depth level where a first granular level of editing is enabled for the piece, the piece comprising two-dimensional (2D) patterns;
receive selection of one of the 2D patterns responsive to displaying the piece; display, at a second depth level, by visualizing the selected 2D pattern in a manner in which the selected 2D pattern is not occluded by unselected one or more 2D patterns or other pieces of the 3D garment, wherein a second granular level of editing that is finer than the first granular level is enabled for the selected 2D pattern in the second depth level; receive first input to deform the selected 2D pattern in the second depth level responsive to display the selected 2D pattern; and display a deformed version of the selected piece by reflecting the deformation of the selected pattern.
receive selection of one of the 2D patterns responsive to displaying the piece; display, at a second depth level, by visualizing the selected 2D pattern in a manner in which the selected 2D pattern is not occluded by unselected one or more 2D patterns or other pieces of the 3D garment, wherein a second granular level of editing that is finer than the first granular level is enabled for the selected 2D pattern in the second depth level; receive first input to deform the selected 2D pattern in the second depth level responsive to display the selected 2D pattern; and display a deformed version of the selected piece by reflecting the deformation of the selected pattern.
Allowable Subject Matter
Regarding claim 1, No art was found that could be applied to the claim as recited. Claim 23 is not allowable and rejected to as being dependent upon a rejection under Double Patenting.
The closest prior art discovered is the combination of Choche et al. (Publication: US 2020/0402126 A1), Weller et al. (Patent: US 10,842,680 B1), Paulson et al. (Publication: US 2020/0349758 A1), and Chachek (Publication: US 2020/0242834 A1).
However, none of the prior art cited above, nor any other prior art discovered by Examiner, fully teaches claim 1, either singly or in an obvious combination.
Regarding claims 2 – 16 depend on claim 1 with no art was found that could be applied to the claim 1 as recited.
Regarding claim 17, No art was found that could be applied to the claim as recited. Claim 17 is not allowable and rejected to as being dependent upon a rejection under Double Patenting.
The closest prior art discovered is the combination of Choche et al. (Publication: US 2020/0402126 A1), Weller et al. (Patent: US 10,842,680 B1), Paulson et al. (Publication: US 2020/0349758 A1), and Chachek (Publication: US 2020/0242834 A1).
However, none of the prior art cited above, nor any other prior art discovered by Examiner, fully teaches claim 17, either singly or in an obvious combination.
Regarding claim 18, No art was found that could be applied to the claim as recited. Claim 18 is not allowable and rejected to as being dependent upon a rejection under Double Patenting.
The closest prior art discovered is the combination of Choche et al. (Publication: US 2020/0402126 A1), Weller et al. (Patent: US 10,842,680 B1), Paulson et al. (Publication: US 2020/0349758 A1), and Chachek (Publication: US 2020/0242834 A1).
However, none of the prior art cited above, nor any other prior art discovered by Examiner, fully teaches claim 18, either singly or in an obvious combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/MING WU/
Primary Examiner, Art Unit 2618
Prosecution Insights