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 § 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 1-3, 15 and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hu (Pub No. US 20220375151 A1).
As per claim 1, Hu teaches the claimed:
A system comprising:
at least one processor; and
at least one memory component storing instructions that, when executed by the at least one processor, cause the at least one processor to perform operations comprising (Hu [0009] “According to another aspect, a computer device is provided, including a processor and a memory, the memory storing at least one instruction, at least one program, a code set, or an instruction set, the at least one instruction, the at least one program, the code set, or the instruction set being loaded and executed by the processor to implement the method for displaying a virtual character described in the foregoing aspects”):
determining an initiation of an interaction function by a first user of an interaction system with a second user of the interaction system (Hu Fig. 1 displays a first user, 112 with its corresponding interaction system, 110. 113 is the second user that is correlated to the second interaction system, 131.);
accessing first avatar data associated with a first user that includes one or more visual attributes of a first avatar associated with the first user and a first garment of the first avatar (Hu in figure 2 teaches of an example character along with a spread of garments for a character; [0045] “Display the virtual character, a first character part on the virtual character including a first clothes component and a first body component”
In this passage, Hu teaches of a virtual character that includes a clothing and body components).
Hu [0034] “The first terminal 110 is a terminal used by a first user 112. In a game battle, the first user 112 uses the first terminal 110 to control a first virtual character located in the virtual environment to perform activities. The first virtual character may be referred to as a master virtual character of the first user 112 in the game battle”
In this passage, Hu teaches a first user with a first virtual character);
accessing second avatar data associated with a second user that includes one or more visual attributes of a second avatar associated with the second user and a second garment of the second avatar (Hu [0035] “The second terminal 130 is a terminal used by a second user 113. In a game battle, the second user 113 uses the second terminal 130 to control a second virtual character located in the virtual environment to perform activities. The second virtual character may be referred to as a master virtual character of the second user 113 in the game battle”
In this passage, Hu teaches a second user with a second virtual character. As stated above in [0045], each virtual character contains clothing and a body component. Therefore, the first and second virtual characters correspond to their respective clothing and body components.
Hu [0100] also teaches “Step 506: Update display to perform a clothes component replacement, the second character part of the virtual character including the fourth clothes component and the multi-style component, the multi-style component being displayed as a second style, and no model intersection existing between the fourth clothes component and the multi-style component of the second style”);
generating an image of the first avatar wearing the first garment with the second avatar wearing the second garment (Hu [0036] “In some embodiments, in a game battle, the first virtual character and the second virtual character are located in the same virtual environment.”);
applying the image onto the first garment to generate a modified first garment; and
displaying the first avatar wearing the modified first garment with the second avatar wearing the second garment (Hu [0008] “According to another aspect, an apparatus for displaying a virtual character is provided, the virtual character being a three-dimensional virtual character based on a three-dimensional model, and the apparatus including: a display module, configured to display the virtual character, a first character part on the virtual character including a first clothes component and a first body component; an interaction module, configured to obtain a second clothes component in response to a clothes component replacement instruction, the first clothes component and the second clothes component being corresponding to a same clothes part”
In this passage, Hu teaches that each virtual character is configured to include a first clothes component and a chance to obtain a second clothes component.
Hu [0053] “Obtain a second clothes component in response to a clothes component replacement instruction, the first clothes component and the second clothes component being corresponding to a same clothes part” and Hu [0056] “Update display to perform a clothes component replacement, the first character part on the virtual character including the second clothes component and a second body component”. Hu in Fig. 3 also teaches that each virtual character has a second clothes component along with the process of updating a display where the character’s first clothing is replaced by the second clothing upon the same character).
As per claim 2, Hu teaches the claimed:
The system of claim 1, wherein the operations further comprise:
identifying a particular type of relationship between the first user and the second user (Hu[ 0034] “In a game battle, the first user 112 uses the first terminal 110 to control a first virtual character located in the virtual environment to perform activities”
Hu [0035] “In a game battle, the second user 113 uses the second terminal 130 to control a second virtual character located in the virtual environment to perform activities”
Hu [0036] “In some embodiments, in a game battle, the first virtual character and the second virtual character are located in the same virtual environment. In some embodiments, the first virtual character and the second virtual character may belong to the same camp, the same team, or the same organization, or have a temporary communication permission” ); and
accessing the second avatar data associated with the second user based on the identified type of relationship (Hu [0035] “The second terminal 130 is a terminal used by a second user 113. In a game battle, the second user 113 uses the second terminal 130 to control a second virtual character located in the virtual environment to perform activities. The second virtual character may be referred to as a master virtual character of the second user 113 in the game battle. Outside a game battle, the second user 113 uses the second terminal 130 to play a second role to perform activities outside the game battle, such as joining a team, joining a guild, adding a friend, purchasing a prop, purchasing a virtual character, completing a mission, and sending a mail”
Hu in [0036] “In some embodiments, in a game battle, the first virtual character and the second virtual character are located in the same virtual environment. In some embodiments, the first virtual character and the second virtual character may belong to the same camp, the same team, or the same organization, or have a temporary communication permission”
In these passages, Hu teaches that the second user uses the second terminal to control the second virtual character in a game battle. Hu also teaches that in a game battle, both first and second characters can be located in the same virtual environment, in the same team or same organization or have some sort of communication with one another).
As per claim 3, Hu teaches the claimed:
The system of claim 2, wherein the operations further comprise:
designating the type of relationship between the first and second users based on other interaction functions between the first and second user beyond the initiation of the interaction function (Please refer to the explanation in claim 2).
As per claim 15, Hu teaches the claimed:
The system of claim 1, wherein displaying the first avatar wearing the modified first garment with the second avatar wearing the second garment (Please refer to the explanations in claim 1) comprises applying a content augmentation of the image to a live camera feed from a camera system; and displaying the live camera feed with the applied content augmentation to the first user (Hu [0034] “A client 111 supporting a virtual environment is installed and run on the first terminal 110, and the client 111 may be a multiplayer online battle program. When the first terminal runs the client 111, a UI of the client 111 is displayed on a screen of the first terminal 110. The client may be any one of a military simulation program, an escape shooting game, a virtual reality (VR) application, an augmented reality (AR) program, a three-dimensional map program, a VR game, an AR game, a first-person shooting (FPS) game, a third-person shooting (TPS) game, a MOBA game, and a simulation game (SLG). The first terminal 110 is a terminal used by a first user 112.”
Hu [0035] “A client 131 supporting a virtual environment is installed and run on the second terminal 130, and the client 131 may be a multiplayer online battle program. When the second terminal 130 runs the client 131, a UI of the client 131 is displayed on a screen of the second terminal 130. The client may be any one of a military simulation program, an escape shooting game, a VR application, an AR program, a three-dimensional map program, a VR game, an AR game, an FPS game, a TPS game, a MOBA game, and an SLG. The second terminal 130 is a terminal used by a second user 113.”
In these passages, Hu teaches of a virtual environment where two users are able to meet in a shared virtual or augmented reality environment and interact with one another, such as a battle game. In order for both users to interact in a live battle game, there needs to be a camera component where each user is able to see the other user’s virtual character in the shared augmented reality. Both users should be able to see the same AR components, since they are in a shared augmented reality world, playing in real time.
As per claims 18 and 19, these claims are similar in scope to limitations recited in claims 1 and 2, respectively, and thus are rejected under the same rationale.
As per claim 20, this claim is similar in scope to limitations recited in claim 1, and thus is rejected under the same rationale. The system of Hu would have to have some type of non-transitory machine readable medium present in order to function and run on a computer as described by the reference.
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 of this title, 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Makeev (Pub No. US 20220292791 A1).
As per claim 4, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Makeev teaches the claimed:
The system of claim 1, wherein applying the image onto the first garment includes:
determining a mesh of the first garment; and
applying the image as a texture onto the mesh of the first garment to generate a modified first garment (Makeev [0041] “The implementations described herein are based on the concept of “cages” and “meshes.” A body mesh is the actual visible geometry of an avatar. A body mesh includes the graphical representation of the arms, legs, torso, head parts, etc. and can be of arbitrary shape, size, and geometric topology. Analogously, a clothing mesh can be any arbitrary mesh that graphically represents a piece of clothing, such as a shirt, pants, hat, shoes, etc. or parts thereof”
Makeev [0052] “FIG. 4 shows an example of a clothing layer 400 deformed over a body cage (such as the body cage 300 shown in FIG. 3), in accordance with some implementations. The clothing layer 400 is a graphical representation of a jacket (shown in gray shading in FIG. 4) having parts that may be generated/rendered using a polygon mesh 402 that is comprised of a collection of vertices, edges, and faces.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the concept of meshes as taught by Makeev with the system of Hu in order to alter the clothing components to be adjusted to fit the virtual character’s body. Doing so allows a seamless transition and accurate 3D representation of the character when a user chooses different clothing for his/her virtual character.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Tiku (Pub No. US 20240071019 A1).
As per claim 5, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Tiku teaches the claimed:
The system of claim 1, wherein the operations further comprise:
applying data corresponding to an interaction between the first user and the second user based on the interaction function into a machine learning model (Tiku [0044] “In some implementations, prior user input and crowdsourced input (e.g., from family, friends, etc.) may be used by a machine learning model to make predictions regarding clothing styles, sizes, patterns, etc. for the user and/or to anticipate types of feedback the user may receive regarding his/her selection. The machine learning model may be employed to reduce returns, negative customer reviews, and reduce manufacturing waste”);
retrieving contextual information of the interaction from the machine learning model (Please refer to Tiku [0044] above); and
modifying the image based on the contextual information received from the machine learning model (Tiku [0045] “The feedback may be the feedback received via the social media platform and/or feedback generated based on the historical feedback. The notification may indicate a suggestion to purchase the clothing item based on the feedback. Alternatively, the notification may indicate a suggestion to not purchase the clothing item based on the feedback. In some cases, the notification may include other suggestions, such as a suggestion to try a different size or a different color”
In this passage, Tiku teaches that the contextual information could be feedback on changing the garment with a different size or color. Once a user changes into a different color or size, the user will look for updated feedback to determine whether the user should purchase the item or not.
Please also see figure 1D, where 120, 122 and 124 display the back and forth feedback loop),
wherein applying the image onto the first garment comprises applying the modified image onto the first garment (Tiku [0040] “The XR device may generate the three-dimensional model of the user wearing the clothing item to include the hat and the necklace, which may be displayed via the interface of the XR device”
In this passage, Tiku teaches that the 3D image could be modified by applying additional items onto the first garment. For example, in Figure 1C, the user’s first garment was the t-shirt. The modified image is one where there is an accessory that lays on top of the t-shirt).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the machine learning model as taught by Tiku with the system of Hu in order to retain contextual information between multiple users. Doing so allows the user to interact with various users and using machine learning to potentially generate feedback for the user wearing the clothing item based on historical feedback, thus enhancing the user experience while optimizing speed and energy of the computer.
As per claim 6, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Tiku teaches the claimed:
The system of claim 5, wherein the machine learning model comprises a generative machine learning model trained to generate the image based on the contextual information (Tiku [0044] “In some implementations, prior user input and crowdsourced input (e.g., from family, friends, etc.) may be used by a machine learning model to make predictions regarding clothing styles, sizes, patterns, etc. for the user and/or to anticipate types of feedback the user may receive regarding his/her selection. The machine learning model may be employed to reduce returns, negative customer reviews, and reduce manufacturing waste”
Tiku [0045] “The feedback may be the feedback received via the social media platform and/or feedback generated based on the historical feedback. The notification may indicate a suggestion to purchase the clothing item based on the feedback. Alternatively, the notification may indicate a suggestion to not purchase the clothing item based on the feedback. In some cases, the notification may include other suggestions, such as a suggestion to try a different size or a different color”
Please also see the explanation for claim 5, regarding the modified image based on feedback).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use machine learning as taught by Tiku with the system of Hu in order to improve the user experience by cutting down feedback response time. Doing so allows the user to get an updated image incorporating the feedback.
As per claim 7, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Tiku teaches the claimed:
The system of claim 5, wherein the contextual information includes a sentiment analysis to identify a sentiment of the interaction between the first and second user, wherein the modified image reflects the sentiment of the interaction between the first and second user (Please see Tiku [0044] as well as the explanation for claim 6 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use an interactive feature as taught by Tiku with the system of Hu in order to allow a user to interact. Doing so allows the user receive feedback from other users and modify based on the feedback. It also creates a community of similar interests and a sense of togetherness, even if they can’t be physically together.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Tiku, in further view of Mourkogiannis (Pub No. US 20210405831 A1).
As per claim 8, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Tiku and Mourkogiannis teaches the claimed:
The system of claim 5, wherein the interaction function includes a messaging system between the first and second user, wherein the displaying of the first avatar wearing the modified first garment with the second avatar wearing the second garment (Please refer to Hu’s teachings of this feature in claim 1 above) comprises displaying the first avatar wearing the modified first garment with the second avatar wearing the second garment on the messaging system (Mourkogiannis [0003] “Messaging systems provide for the exchange of message content between users. For example, a messaging system allows a user to exchange message content (e.g., text, images) with one or more other users”).
In this passage, Mourkogiannis teaches that multiple users are able to send images to each other via a messaging platform. The first and second user displaying each other’s avatar corresponds to Mourkogiannis teaching where avatars of a user can exchange message content including images.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the messaging feature as taught by Mourkogiannis with the system of Hu as modified by Tiku in order to enhance the interactive features between users. Doing so allows two-way feedback due to both users being able to send images in the messaging system.
As per claim 9, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Tiku and Mourkogiannis teaches the claimed:
The system of claim 5, wherein the interaction function includes a messaging system among a group of users that includes at least the first user, the second user, and a third user, wherein the machine learning model identifies contextual information based on messages sent between the first, second, and third user, wherein the modified image indicates an activity discussed within the contextual information (Tiku [0042] “As shown by reference number 122, the social media platform may receive, from computing devices associated with the other users, feedback related to the three-dimensional model of the user wearing the clothing item. The feedback may include comments, a like or dislike indicator, a rating, or other information that indicates whether the other users approve or disapprove of the clothing item. For example, the feedback may provide opinions of the other users regarding whether the user associated with the XR device should purchase the clothing item. The social media platform may transmit the feedback, as received from the computing devices, to the XR device”
In a social media platform, users are able to respond to other user’s comments, thus initiating a public message/conversation.
Furthermore, Mourkogiannis teaches that there are multiple users who can send messages to each other in a group, corresponding to the claimed “third” user being involved in the conversation (Please see Mourkogiannis [0048] “Where the entity is a group, the profile data 302 for the group may similarly include one or more avatar representations associated with the group, in addition to the group name, members, and various settings (e.g., notifications) for the relevant group”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the multi-person feature as taught by Tiku and Mourkogiannis with the system of Hu. Doing so extends the feature to a group of people (more than two).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Tiku, in further view of Mourkogiannis (Pub No. US 20210304449 A1), hereinafter as Mourkogiannis_2.
As per claim 10, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Tiku teaches the claimed:
The system of claim 1, wherein the operations further comprise inputting data corresponding to an interaction between the first user and the second user based on the interaction function into a machine learning model (Tiku [0044] “In some implementations, prior user input and crowdsourced input (e.g., from family, friends, etc.) may be used by a machine learning model to make predictions regarding clothing styles, sizes, patterns, etc.),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the interctions as taught by Tiku with the system of Hu in order to train the machine model using the data received from the feedback interaction between users.
Hu and Tiku fail to explicitly teach the remaining claim limitations.
However, Hu in combination Tiku with Mourkogiannis _2 teaches the claimed:
wherein generating the image of the first avatar wearing the first garment with the second avatar wearing the second garment comprises receiving the image of the first avatar wearing the first garment with the second avatar wearing the second garment from the machine learning model (Mourkogiannis _2 [0083] “In the example of FIG. 6A, a machine learning model generator 604 receives image and modification training data 602 as input. Based on the training data, the machine learning model generator 604 generates and trains the machine learning model 606”), the machine learning model trained to generate the image based on the inputted data corresponding to the interaction (Mourkogiannis _2 [0080] “FIGS. 6A-6B are diagrammatic representations illustrating the training and use of a machine learning model 606 to modify a captured image, in accordance with some example embodiments. FIG. 6A illustrates the generation and training of the machine learning model 606, and FIG. 6B illustrates employing the machine learning model 606 to modify a captured image”
In this passage, the image corresponds to the claimed ‘inputted data’)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the machine learning model as taught by Mourkogiannis_2 with the system of Hu as modified by Tiku in order to train the machine model to generate an image based on an input image and data received from the feedback interaction between users.
As per claim 11, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Tiku and Mourkogiannis_2 teaches the claimed:
The system of claim 10, wherein the machine learning model generates a design of the image automatically (Please see the explanation for claim 10 above) based on past user preferences stored in corresponding user profiles (Tiku [0044] “In some implementations, prior user input and crowdsourced input (e.g., from family, friends, etc.) may be used by a machine learning model to make predictions regarding clothing styles, sizes, patterns, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the machine learning model as taught by Mourkogiannis_2 with the system of Hu as modified by Tiku in order generate a design automatically based on prior user input.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Tiku, in view of Mourkogiannis_2, in further view of Barkshire (Pub No. US 20240138499 A1).
As per claim 12, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Tiku, Mourkogiannis_2, and Barkshire teaches the claimed :
The system of claim 10, wherein the machine learning model generates a design of the image automatically based on recent real-world activities between the first and second user identified in the interaction (Barkshire [0082] “FIG. 3A illustrates yet another non-limiting embodiment where t-shirt 100 includes a first design 12 including yellow fluorescent material grouped with non-fluorescent black material to form different geometric shapes on a t-shirt. This non-limiting embodiment has a second design 14 including reflective material in a layout similar to previous non-limiting embodiments, and a third design 16 including two black side panels. This non-limiting embodiment may have a broad appeal and benefit for industrial and non-industrial users alike and can be worn for both business and pleasure. Industrial and non-industrial users now have a stylish option to use for activities from paving the road to walking the dog.
In this passage, the t-shirt was designed to users of industrial and non-industrial users. The various occupations correspond to the claimed “recent real-world activities”. The interaction between a first and a second user correspond to those who share the same activities (e.g. all users who pave the road or all users who walk dogs)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the interactive design method as taught by Barkshire with the system of Hu as modified by Tiku in order to use the machine learning model to automatically design based on the shared real-world activities. Doing so allows the users to have a design that is most fitting for their real-world preferences.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Pejsa (Pub No. US 12014455 B2).
As per claim 13, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Pejsa teaches the claimed:
The system of claim 1, wherein the operations further comprise:
identifying a first location of the first user based on GPS coordinates of a first computing device (Pejsa [70] “The head-mounted display system 210 as shown in FIG. 2C can also include a position system (e.g., a GPS 337 (global positioning system)) to assist with pose and positioning analyses. In addition, the GPS may further provide remotely-based (e.g., cloud-based) information about the environment of the user. This information may be used for recognizing objects or information in the environment of the user”
In this passage, the head-mounted display system is the computing device. Pejsa further teaches [269] “Example Two: The computerized method of Example One, further comprising: in response to receiving colocation event data indicating that the first user and second user are colocated, updating a second coordinate frame of the second user to match a first coordinate frame of the first user”) and a second location of the second user based on GPS coordinates of a second computing device; and
determining whether the first location is within a certain distance threshold of the second location (Pejsa [275] “Example Eight: The computerized method of Example One, wherein the colocation event data indicates that the first and second user are colocated based on a determination that the first and second user are physically positioned within a threshold distance from one another”;
wherein displaying the first avatar wearing the modified first garment with the second avatar wearing the second garment is in response to determining that the first location is within the certain distance threshold of the second location (Pejsa [268] “Example One: A computerized method, performed by a computing device having one or more hardware computer processors and one or more non-transitory computer readable storage device storing software instructions executable by the computing system to perform the computerized method comprising: display, on a display of the computing device of a first user in a first environment, a second avatar of a second user in a second environment, wherein the first and second environments are part of a shared collaboration environment”
In this passage, if two avatars are in a ‘shared collaboration environment’, there is a scene rendered where both are shown on the display).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the GPS location feature as taught by Pejsa with the system of Hu in order to locate both users. Doing so allows both users to meet up in the virtual world since they are in the same environment.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Tiku in further view of Calvert (Pub No. US 20220036397 A1).
As per claim 14, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination Tiku further teaches:
the system of claim 1, wherein the operations further comprise:
wherein generating the image comprises identifying a good or service provided by the merchant and displaying the good or service in the image with the first and second avatars (Tiku [0058] “FIG. 3 is a diagram of an example 300 related to generating three-dimensional models of users wearing clothing items. As shown in FIG. 3, example 300 includes a first XR device and a second XR device. These devices are described in more detail in connection with FIGS. 6 and 7.”
Tiku [0022] “”the XR device may be located inside of a physical retail store, and the clothing item may be available for sale in the physical retail store”.
In this passage, and in figure 3, Tiku discloses two users wearing the clothing item. Tiku in [0022] further teaches that the XR device that the user needs to wear, can be inside of the physical retail store. Meaning, the image that is generated identifies the good (e.g. s t-shirt) that is provided by an identified merchant, as well as the first and second avatars).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the feature to generate an image as taught by Tiku with the system of Hu in order to accurately identify both users locations as well as the merchant.
Hu and Tiku fail to specifically disclose identifying a first location of the first user based on GPS coordinates of a first computing device and
determining that the first location is within a certain distance threshold of a second location corresponding to a merchant.
However, Hu in combination Tiku with Calvert teaches the claimed:
identifying a first location of the first user based on GPS coordinates of a first computing device (Calvert [0005 “To verify the simultaneous presence of the first user and second user at the merchant's location, a merchant system may verify the location of each user via […], a GPS of the mobile device associated with first user and second user, or camera capture of the first user and the second user […]”]; and
determining that the first location is within a certain distance threshold of a second location corresponding to a merchant (Calvert [0008] “Upon determining the location for each of the users and merchant, the system determines that the locations of the users (first and second user) are within a threshold distance (e.g., 20 feet, 30 feet, 40 feet, 50 feet, etc.) of the location of the merchant, and it proceeds to apply the offer to the first user's transaction”);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the feature to identify both users as taught by Calvert with the system of Hu modified by Tiku in order to accurately identify both users locations as well as the merchant. Doing so allows both users to meet up, try on the product from a nearby merchant, and visually see how they look before making the purchase.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Mourkogiannis_2.
As per claim 16, Hu alone does not explicitly teach the claimed limitations.
However, Hu in combination with Mourkogiannis_2 teaches the claimed:
The system of claim 1, wherein the operations further comprise:
identifying a past activity performed by the first user and a second user ; and
adding one or more contextual elements to the image that corresponds to the past activity (Mourkogiannis_2 [0093] “In response to such user selection, the messaging client application 104 sends a request (e.g., including the captured image) to the messaging server system 110, to modify the captured image using the ML-based content modifier 610. The messaging server system 110 is configured to provide the captured image as input to the machine learning model 606. The machine learning model 606 is configured to provide the modified image 612 as output, which the messaging server system 110 provides back to the messaging client application 104 in response to the request.”
In this passage, the “user selection” corresponds to the activity within the messaging chat between the first user and the second user. The ML-based content modifier modifies the image based on the user’s selection. The user’s selection may be to add more elements to the image, and the ML-based content modifier must follow as instructed. This corresponds to the claimed invention, specifically this system in claim 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the ML-based content modifier as taught by Mourkogiannis_2 with the system of Hu in order to modify an image based on the first user and second users past activity.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Colaianni (US 10228682 B2).
As per claim 17, Hu teaches the claimed:
The system of claim 1, wherein the operations further comprise:
transmitting data corresponding to the image of the first avatar wearing the first garment with the second avatar wearing the second garment (Please refer to the explanation in claim 1)
Hu fails to explicitly teach the remaining claim limitations.
However, Hu in combination with Colaianni teaches the claimed:
to a third party server causing the third party server to initiate manufacturing of the first garment in real life for the first user (Colaianni [20] “The avatar may be used to convey a realistic impression about the appearance of the finished piece of apparel by showing an image of the avatar wearing the piece of apparel according to the present stage in the process.”
Colaianni [27] “In some embodiments, the piece of apparel may be manufactured after the user has agreed to the final set of data. For example, an avatar wearing the virtual counterpart of the piece of apparel to be manufactured may be presented to the user. The user may decide that he or she is satisfied with the piece of apparel. After final approval by the user, the piece of apparel may then be manufactured by the manufacturing machine, based on the manufacturing data for the piece of apparel.”
Colaianni [Claim 11] “A system for manufacturing apparel, the system comprising: one or more data processors; and a non-transitory computer-readable storage medium containing instructions which, when executed on the one or more data processors, cause the one or more data processors to perform operations […] transmitting the manufacturing data to the manufacturing machine, wherein when the manufacturing data is received at the manufacturing machine, the manufacturing data is processed and at least part of the piece of apparel is manufactured with the at least one pattern”
Colaianni in [107] further teaches that “The data processor 130 may be a computer, such as a desktop computer, laptop, notebook, server computer, embedded computer or the like”
In these passages, Colaianni discloses a data processor that is not involved with the server that generates the image of the avatar wearing the piece of apparel. This data processor corresponds to the third party server in the claimed invention. This server reads an image, identifies the piece of clothing of interest, and initiates the manufacturing of the piece of clothing in real life. The image from claim 16 is therefore able to be read by the data processor.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the data processor/server computer as taught by Colaianni with the system of Hu in order to manufacture the item that the avatars were trying on in the image. Doing so allows the manufacture to produce a product the users will use in real life, allowing for a more sustainable apparel.
Conclusion
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/SARAH Y. LEE/
Examiner
Art Unit 2616
/ALICIA M HARRINGTON/Supervisory Patent Examiner, Art Unit 2615
Prosecution Insights