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 .
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 8, 4, (15, 16) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 1,7 of app 18069174 (now is US patent US 12247337 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because they both claim the same subject matters and limitations as explained below.
Claim 8 of the instant application is determined to be obvious in light of claim 1 of 18069174 (now is US patent US 12247337 B2) based on the reasons below for having similar limitations.
Instant application 19076968 (Claim 8)
18069174 (Claim 1)
(Claim 8) A method comprising: providing a garment design tool that shows on a computer screen of a client a three-dimensional preview image of a garment design as customized by a user with a finishing pattern;
(Claim 1) A method comprising: providing a garment design tool that shows on a computer screen of a client a three-dimensional preview image of a garment design as customized by a user with a finishing pattern;
in the garment design tool, providing an option for the user to select a garment base and upon the user's selection, showing on the computer screen a first preview image of the selected garment template;
in the garment design tool, providing an option for the user to select a garment base and upon the user's selection, showing on the computer screen a first preview image of the selected garment template;
in the garment design tool, providing an option for the user to select a wear pattern from a menu of wear patterns and upon the user's selection, showing on the computer screen a second preview image of the selected garment template with the selected wear pattern, wherein each wear pattern is associated with a digital input file to be used by a finishing machine to produce that wear pattern onto a garment;
in the garment design tool, providing an option for the user to select a wear pattern from a menu of wear patterns and upon the user's selection, showing on the computer screen a second preview image of the selected garment template with the selected wear pattern, wherein each wear pattern is associated with a laser input file to be used by a laser to produce that wear pattern onto a garment;
at a server, merging a digital input file associated with the selected wear pattern with an image of the selected garment template to generate a merged image, wherein the merged image is generated by generating an adjusted base image from the image of the selected garment template without the selected wear pattern, generating a pattern mask based on the digital input file associated with the selected wear pattern...
at a server, merging a laser input file associated with the selected wear pattern with an image of the selected garment template to generate a merged image, wherein the merged image is generated by generating an adjusted base image from the image of the selected garment template without the selected wear pattern, generating a pattern mask based on the laser input file associated with the selected wear pattern...
for a pixel at a pixel location of the merged image, obtaining a first contribution... obtaining a second contribution... combining the first contribution and second contribution to obtain a color value... and using the color value... and at the client receiving the merged image from the server, wherein the garment design tool shows the merged image as the second preview image.
for a pixel at a pixel location of the merged image, obtaining a first contribution... obtaining a second contribution... combining the first contribution and second contribution to obtain a color value... and using the color value... and at the client receiving the merged image from the server, wherein the garment design tool shows the merged image as the second preview image;
Although the claims at issue are not identical, they are not patentably distinct from each other. For example, Claim 1 of 18069174 discloses a highly specific method of merging an image using first and second contributions, identical to Instant Claim 8. While Instant Claim 8 claims the use of a generic "digital input file" and a "finishing machine," Parent Claim 1 specifies a "laser input file" and a "laser". Broadening a previously claimed specific machine (a laser) to its generic class (a finishing machine) constitutes an obvious variation intended to impermissibly extend patent rights. Therefore, claim 1 of 18069174 discloses all limitations of instant claim 8.
Claim 4 of the instant application is determined to be obvious in light of claim 1 of 18069174 (now is US patent US 12247337 B2) based on the reasons below for having similar limitations.
Instant application 19076968 (Claim 4)
18069174 (Claim 1)
(Claim 4) A method comprising: providing a garment design tool that shows on a computer screen of a client a three-dimensional preview image of a garment design... showing on the computer screen a first preview image... showing on the computer screen a second preview image of the selected garment template with the selected wear pattern, wherein the wear pattern is associated with a digital input file to be used by a finishing machine to produce that wear pattern onto a garment;
(Claim 1) A method comprising: providing a garment design tool that shows on a computer screen of a client a three-dimensional preview image of a garment design... showing on the computer screen a first preview image... showing on the computer screen a second preview image of the selected garment template with the selected wear pattern, wherein each wear pattern is associated with a laser input file to be used by a laser to produce that wear pattern onto a garment;
saving the garment design as customized by a user with the selected garment template and selected level of wear; providing a first digital file with a wear pattern for a first size and first style; and automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles, different from the first size and first style.
saving the garment design as customized by a user with the selected garment template and selected level of wear; providing a first laser file with a wear pattern for a first size and first style; automatically generating a plurality of laser files with the wear pattern for a plurality of sizes and styles, different from the first size and first style;
Although the claims at issue are not identical, they are not patentably distinct from each other. Claim 4 of 19076968 discloses the base preview steps, the step of saving the design, and the step of automatically generating a plurality of digital files for different sizes and styles. Claim 1 of 18069174 discloses these exact same steps, but simply uses the narrower term "laser file" instead of "digital file". Claim 1 of 18069174 also contains additional intermediate steps relating to merging pixel images. Because Parent Claim 1 includes all the limitations of Instant Claim 4 (merely substituting generic terms for specific ones), Instant Claim 4 is an obvious, broader variation of the patented claim.
Claim 15 and 16 of the instant application are determined to be obvious in light of claim 7 of 18069174 (now is US patent US 12247337 B2) based on the reasons below for having similar limitations.
Instant application 19076968 (Claims 15 & 16)
18069174 (Claim 7)
(Claim 15) The method of claim 8 comprising: ...automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles, different from the first size and first style.
(Claim 16) The method of claim 15 wherein the automatically generating comprises scaling a first zone of the first digital file according to a first scaling factor, scaling a second zone of the first digital file according to a second scaling factor, different from the first scaling factor, and storing the first digital file with the scaled first zone and scaled second zone as a second digital file for a second size and first style.
(Claim 7) The method of claim 1 wherein the automatically generating comprises scaling a first zone of the first laser file according to a first scaling factor, scaling a second zone of the first laser file according to a second scaling factor, different from the first scaling factor, and storing the first laser file with the scaled first zone and scaled second zone as a second laser file for a second size and first style.
Although the claims at issue are not identical, they are not patentably distinct from each other. Claim 16 of 19076968 describes a method for automatically generating files by scaling a first zone by a first factor and a second zone by a second factor. Claim 7 of 18069174 describes this exact same file generation and scaling methodology. The only difference is the replacement of the specific term "laser file" with the generic term "digital file". Therefore, claim 7 of 18069174 renders obvious the limitations of 19076968 claims 15 and 16.
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) 1-2, 4, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Costin (US 20050131571 A1), in view of Fustinoni (EP3754101A1).
Regarding Claim 1, Costin teaches a method comprising: providing a garment design tool at a server that will display on a computer screen of a client a [[three-dimensional]] preview image of a garment design as customized by a user with a finishing pattern (Costin, Paragraph [0026], "The remote terminal 100 is located at a spot that will be easily accessible by a user. The remote terminal includes a display 102, a local processor 104, and a connection 106 to a data link 110, e.g. a telephone line."; Costin, Paragraph [0027], "The other end of the data link 110 is connected to another computer, the receiving computer 120, that is located at the manufacturer=s designated location."; Costin, Paragraph [0029], "The apparel is customized on the remote terminal using menus that are supplied from the receiving computer. A preferred menu supplied from the receiving computer is a web page."; Costin, Paragraph [0033], "Receiving computer 120 now has enough information to begin to echo back a picture of the apparel." <read on "display on a computer screen of a client a … preview image of a garment design">; Costin, Paragraph [0043], "FIG. 7 is the next element in the series, where the selected graphic is shown simulated on the jeans." <read on "preview image of a garment design as customized by a user with a finishing pattern">), in the garment design tool, providing an option for the user at the client to select a garment base and upon the user's selection, garment design tool will display on the computer screen at the client a first preview image of the selected garment template (Costin, Paragraph [0030], "The customer first selects the clothing type of denim product to customize from the menu shown in FIG. 2, from the menu allowing jeans, shorts, shirts, jackets." <read on "select a garment base">; Costin, Paragraph [0031], "Completion of the function calls up the jean style menu shown in FIG. 3. The type of denim product can include style, e.g., boot cut, regular, relaxed, loose, baggy, wide leg, carpenter jeans, or hard jeans."; Costin, Paragraph [0033], "FIG. 5 illustrates the picture that is provided by the programming in the receiving computer. The receiving computer provides the diagram shown in FIG. 5, which shows the front and back of the apparel on the screen. The picture that is provided corresponds generally to the selection—here jean pants, boot cut." <read on "first preview image of the selected garment template">), in the garment design tool, providing an option for the user to select via the client a wear pattern and upon the user's selection, showing on the computer screen of the client a second preview image of the selected garment template with the selected wear pattern, wherein the wear pattern is associated with a digital input file to be used by a finishing machine to produce that wear pattern onto a garment (Costin, Paragraph [0039], "Wallpapers allow the user to select different kinds of design to cover the entirety of the denim, e.g. simulated sandblast, or other custom designs for new designs on denim." <read on "wear pattern">; Costin, Paragraph [0042], "The graphic images in FIGS. 6A and 6B can also include images of different wearing looks, and described in our other applications. This can include custom work looks on the garment, including stonewash, acid wash, herring bone worn or the like." <read on "wear pattern">; Costin, Paragraph [0043], "FIG. 7 is the next element in the series, where the selected graphic is shown simulated on the jeans." <read on "second preview image of the selected garment template with the selected wear pattern">; Costin, Paragraph [0049], "Preferably the garment is formed by laser-etching the desired designs in the garment"; Costin, Paragraph [0057], "The laser 1502 is driven by a computer 1504, which is programmed according to the teachings of the Ser. No. 924,389 application to form the custom design and/or designs on the which is on a conveyer 1512" <read on "digital input file to be used by a finishing machine to produce that wear pattern onto a garment">), and saving the garment design as customized by a user with the selected garment template and selected level of wear at the server (Costin, Paragraph [0029], "The results of each click are recorded by the receiving computer 120, and bring up the next menu." <read on "saving ... at the server">; Costin, Paragraph [0049], "The order is then sent to a central location for processing. … It preferably includes a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer from the remote computer over the data link." <read on "saving the garment design as customized by a user ... at the server">).
But Costin does not explicitly disclose a three-dimensional preview image of a garment design.
However, Fustinoni teaches a method comprising: providing a garment design tool [[at a server]] that will display on a computer screen [[of a client]] a three-dimensional preview image of a garment design as customized by a user with a finishing pattern (Fustinoni, Paragraph [0028], "by using a model of the article and in particular of a clothing article to be scribed and also of the article with the predetermined finishing pattern applied thereon (i.e. the output model) a realistic model of the final clothing article, as will be scribed by the laser apparatus, can be prepared" <read on "preview image of a garment design as customized by a user with a finishing pattern">; Fustinoni, Paragraph [0094], "the method further comprises the step 111a of providing to the control unit 200 a 3D model 2' of the clothing article 20a to be scribed, in order to reproduce and thus provide to the operator the real shape of the clothing article 20a when worn." <read on "three-dimensional ... image of a garment">; Fustinoni, Paragraph [0099], "an output model 5, 5' is provided. The output model 5, 5' comprises a 3D output model 5' of the scribed clothing article 20a … scribed with the predetermined finishing pattern 3 is created." <read on "three-dimensional preview image of a garment design as customized by a user with a finishing pattern">; Fustinoni, Paragraph [0106], "The 2D output model 5 and the 3D output model 5' can be both displayed and modified by an operator as shown in figure 2c." <read on "display on a computer screen ... a three-dimensional preview image">), in the garment design tool, providing an option for the user [[at the client]] to select a garment base and upon the user's selection, garment design tool will display on the computer screen [[at the client]] a first preview image of the selected garment template (Fustinoni, Paragraph [0036], "The operator can select or insert the required size of the article (e.g. the size of the clothing article) and the input model comprises accordingly at least one portion or surface having dimension according to the selected or inserted size of the article." <read on "select a garment base">; Fustinoni, Paragraph [0037], "the operator advantageously has the possibility of displaying both the 2D and the 3D input model on a monitor at the same time." <read on "display on the computer screen ... a first preview image of the selected garment template">; Fustinoni, Paragraph [0094], "providing to the control unit 200 a 3D model 2' of the clothing article 20a to be scribed" <read on "first preview image of the selected garment template">; Fustinoni, Paragraph [0095], "In figure 1a and 1b the model 2' of the clothing article to be scribed is a pair of jeans, but other models 2' of different clothing article 20a can be provided, for example skirts or jackets." <read on "garment base">), in the garment design tool, providing an option for the user to select [[via the client]] a wear pattern and upon the user's selection, showing on the computer screen [[of the client]] a second preview image of the selected garment template with the selected wear pattern, wherein the wear pattern is associated with a digital input file to be used by a finishing machine to produce that wear pattern onto a garment (Fustinoni, Paragraph [0026], "combining said predetermined finishing pattern to be scribed on said fabric and said input model of the article to be scribed, in an output model of at least one scribed portion of said article" <read on "second preview image of the selected garment template with the selected wear pattern">; Fustinoni, Paragraph [0064], "the command instructions for operating said laser apparatus are provided in a control file, preferably a raster format file or a vector format file or a hybrid raster/vector file, and preferably they also comprise the predetermined finishing pattern to be scribed on the fabric." <read on "digital input file to be used by a finishing machine">; Fustinoni, Paragraph [0074], "the term finishing pattern 3 (or appearance pattern) is used herein to indicate for example a faded, or worn finish look effect" <read on "wear pattern">; Fustinoni, Paragraph [0104], "The 3D output model 5' is modified by adjusting the pattern 3 appearance on the clothing article model 2', in order to modify the final appearance of the clothing article 20a as desired" <read on "showing on the computer screen ... a second preview image of the selected garment template with the selected wear pattern">), and saving the garment design as customized by a user with the selected garment template and selected level of wear [[at the server]] (Fustinoni, Paragraph [0088], "The control unit 200 can be provided with a storage memory, wherein command instructions, e.g. in the form of a command file, for control the apparatus to carry out the laser scan in order to scribe and/or cut the fabric 20, according to the invention, can be stored." <read on "saving the garment design ... at the server">; Fustinoni, Paragraph [0108], "Command instructions 100 are finally provided to the laser apparatus 1 for scribing a predetermined finishing pattern 3 on the fabric 20" <read on "saving the garment design as customized by a user with the selected garment template">).
Fustinoni and Costin are analogous since both address the same field of laser finishing of garments (especially denim/jeans) and both use a computerized tool to prepare the finishing pattern that will be applied by a laser onto the garment. Costin provided a client/server way of letting a user customize garment style and wear/graphic patterns online with a simulated preview. Fustinoni provided a way of building a 3D output model of a clothing article with the finishing pattern applied thereon (a realistic model of the final scribed article) that can be displayed on a monitor before the laser scribes the fabric. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the 3D output model preview of Fustinoni into the client/server web-based apparel customization tool of Costin such that the simulated preview echoed back from the receiving computer (server) to the remote terminal (client) is a three-dimensional preview of the garment with the selected wear pattern applied. The motivation is to provide a more realistic model of the final clothing article as it will be scribed by the laser and to give the operator a full view of the final result before the laser is operated, as discussed by Fustinoni in Paragraphs [0028] and [0043] ("by using a model of the article … a realistic model of the final clothing article, as will be scribed by the laser apparatus, can be prepared"; "an operator can display both the 3D and the 2D output models on a monitor, in order to have a full view of the final result").
Regarding Claim 2, the combination of Costin and Fustinoni teaches the invention in Claim 1.
The combination further teaches providing a first digital file with a wear pattern for a first size and first style (Costin, Paragraph [0032], "Completion of the function calls up the size menu, shown in FIG. 4. The user selects the waist size, jean length, and finish. The finish can be stonewash, dark, antique or an overdyed color selected from a pull-down menu." <read on "first size and first style">; [0049], "It preferably includes a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer from the remote computer over the data link." <read on "first digital file with a wear pattern">), but does not explicitly disclose [[automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles, different from the first size and first style]].
However, Fustinoni teaches providing a first digital file with a wear pattern for a first size and first style (Fustinoni, Paragraph [0036], "the input model can comprise information according to the size of the article and thus dimension of the at least one portion or surface of the article. The operator can select or insert the required size of the article ... and the input model comprises accordingly at least one portion or surface having dimension according to the selected or inserted size of the article." <read on "digital file … for a first size and first style">; Fustinoni, Paragraph [0064], "the command instructions for operating said laser apparatus are provided in a control file, preferably a raster format file or a vector format file" <read on "first digital file with a wear pattern">), and automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles, different from the first size and first style (Fustinoni, Paragraph [0036], "The operator can select or insert the required size of the article ... and the input model comprises accordingly at least one portion or surface having dimension according to the selected or inserted size of the article." <read on "digital files ... for a plurality of sizes">; Fustinoni, Paragraph [0104], "the pattern 3 can be adjusted modifying the length and/or the width and/or the shape of the pattern 3 in order to better follow the realistic shape and curves of a clothing article" <read on "automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles">).
Fustinoni and Costin are analogous since both address the same field of laser finishing of garments (especially denim/jeans) and both use a computerized tool to prepare the finishing pattern that will be applied by a laser onto the garment. Costin provided a client/server way of letting a user customize garment style and wear/graphic patterns online with a simulated preview. Fustinoni provided a way of building a 3D output model of a clothing article with digital files with the wear pattern for a plurality of sizes applied. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the size-driven output-model file generation of Fustinoni into Costin such that different size/style menu selections in Costin automatically produce distinct finishing-command files carrying the same wear pattern; motivation as discussed by Fustinoni in Paragraph [0035].
Regarding Claim 4, Costin teaches a method comprising: providing a garment design tool [[that shows on a computer screen of a client a three-dimensional]] preview image of a garment design as customized by a user with a finishing pattern (Costin, Paragraph [0026], "The remote terminal 100 is located at a spot that will be easily accessible by a user. The remote terminal includes a display 102, a local processor 104, and a connection 106 to a data link 110, e.g. a telephone line."; Costin, Paragraph [0027], "The other end of the data link 110 is connected to another computer, the receiving computer 120, that is located at the manufacturer=s designated location."; Costin, Paragraph [0029], "The apparel is customized on the remote terminal using menus that are supplied from the receiving computer. A preferred menu supplied from the receiving computer is a web page."; Costin, Paragraph [0033], "Receiving computer 120 now has enough information to begin to echo back a picture of the apparel." <read on "shows on a computer screen … a … preview image of a garment design">; Costin, Paragraph [0043], "FIG. 7 is the next element in the series, where the selected graphic is shown simulated on the jeans." <read on "preview image of a garment design as customized by a user with a finishing pattern">), in the garment design tool, providing an option for the user to select a garment base and upon the user's selection, showing on the computer screen a first preview image of the selected garment template (Costin, Paragraph [0030], "The customer first selects the clothing type of denim product to customize from the menu shown in FIG. 2, from the menu allowing jeans, shorts, shirts, jackets." <read on "select a garment base">; Costin, Paragraph [0031], "Completion of the function calls up the jean style menu shown in FIG. 3. The type of denim product can include style, e.g., boot cut, regular, relaxed, loose, baggy, wide leg, carpenter jeans, or hard jeans."; Costin, Paragraph [0033], "The receiving computer provides the diagram shown in FIG. 5, which shows the front and back of the apparel on the screen. The picture that is provided corresponds generally to the selection—here jean pants, boot cut." <read on "first preview image of the selected garment template">), in the garment design tool, providing an option for the user to select a wear pattern and upon the user's selection, showing on the computer screen a second preview image of the selected garment template with the selected wear pattern, wherein the wear pattern is associated with a digital input file to be used by a finishing machine to produce that wear pattern onto a garment (Costin, Paragraph [0039], "Wallpapers allow the user to select different kinds of design to cover the entirety of the denim, e.g. simulated sandblast, or other custom designs for new designs on denim." <read on "wear pattern">; Costin, Paragraph [0042], "images of different wearing looks … This can include custom work looks on the garment, including stonewash, acid wash, herring bone worn or the like." <read on "wear pattern">; Costin, Paragraph [0043], "FIG. 7 is the next element in the series, where the selected graphic is shown simulated on the jeans." <read on "second preview image of the selected garment template with the selected wear pattern">; Costin, Paragraph [0049], "Preferably the garment is formed by laser-etching the desired designs in the garment"; Costin, Paragraph [0057], "The laser 1502 is driven by a computer 1504, which is programmed … to form the custom design and/or designs on the which is on a conveyer 1512" <read on "digital input file to be used by a finishing machine">), saving the garment design as customized by a user with the selected garment template and selected level of wear (Costin, Paragraph [0029], "The results of each click are recorded by the receiving computer 120, and bring up the next menu." <read on "saving the garment design as customized by a user">; Costin, Paragraph [0049], "The order is then sent to a central location for processing. … It preferably includes a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer from the remote computer over the data link." <read on "saving the garment design as customized by a user with the selected garment template">), providing a first digital file with a wear pattern for a first size and first style (Costin, Paragraph [0032], "Completion of the function calls up the size menu, shown in FIG. 4. The user selects the waist size, jean length, and finish. The finish can be stonewash, dark, antique or an overdyed color selected from a pull-down menu." <read on "first size and first style">; Costin, Paragraph [0049], "It preferably includes a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer from the remote computer over the data link." <read on "first digital file with a wear pattern">), and [[automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles, different from the first size and first style]].
But Costin does not explicitly disclose that shows on a computer screen of a client a three-dimensional preview image of a garment design… automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles, different from the first size and first style.
However, Fustinoni teaches providing a garment design tool that shows on a computer screen [[of a client]] a three-dimensional preview image of a garment design as customized by a user with a finishing pattern (Fustinoni, Paragraph [0028], "by using a model of the article … a realistic model of the final clothing article, as will be scribed by the laser apparatus, can be prepared" <read on "preview image of a garment design as customized by a user with a finishing pattern">; Fustinoni, Paragraph [0094], "the method further comprises the step 111a of providing to the control unit 200 a 3D model 2' of the clothing article 20a to be scribed, in order to reproduce and thus provide to the operator the real shape of the clothing article 20a when worn." <read on "three-dimensional … image of a garment">; Fustinoni, Paragraph [0099], "an output model 5, 5' is provided. The output model 5, 5' comprises a 3D output model 5' of the scribed clothing article 20a … scribed with the predetermined finishing pattern 3 is created." <read on "three-dimensional preview image of a garment design as customized by a user with a finishing pattern">; Fustinoni, Paragraph [0106], "The 2D output model 5 and the 3D output model 5' can be both displayed and modified by an operator as shown in figure 2c." <read on "shows on a computer screen … a three-dimensional preview image">), providing an option for the user to select a garment base and upon the user's selection, showing on the computer screen a first preview image of the selected garment template (Fustinoni, Paragraph [0036], "The operator can select or insert the required size of the article (e.g. the size of the clothing article) and the input model comprises accordingly at least one portion or surface having dimension according to the selected or inserted size of the article." <read on "select a garment base">; Fustinoni, Paragraph [0037], "the operator advantageously has the possibility of displaying both the 2D and the 3D input model on a monitor at the same time." <read on "showing on the computer screen a first preview image of the selected garment template">; Fustinoni, Paragraph [0095], "the model 2' of the clothing article to be scribed is a pair of jeans, but other models 2' of different clothing article 20a can be provided, for example skirts or jackets." <read on "garment base">), providing an option for the user to select a wear pattern and upon the user's selection, showing on the computer screen a second preview image of the selected garment template with the selected wear pattern, wherein the wear pattern is associated with a digital input file to be used by a finishing machine to produce that wear pattern onto a garment (Fustinoni, Paragraph [0026], "combining said predetermined finishing pattern to be scribed on said fabric and said input model of the article to be scribed, in an output model of at least one scribed portion of said article" <read on "second preview image of the selected garment template with the selected wear pattern">; Fustinoni, Paragraph [0064], "the command instructions for operating said laser apparatus are provided in a control file, preferably a raster format file or a vector format file or a hybrid raster/vector file, and preferably they also comprise the predetermined finishing pattern to be scribed on the fabric." <read on "digital input file to be used by a finishing machine">; Fustinoni, Paragraph [0074], "the term finishing pattern 3 (or appearance pattern) is used herein to indicate for example a faded, or worn finish look effect" <read on "wear pattern">; Fustinoni, Paragraph [0104], "The 3D output model 5' is modified by adjusting the pattern 3 appearance on the clothing article model 2'" <read on "showing on the computer screen a second preview image of the selected garment template with the selected wear pattern">), saving the garment design as customized by a user with the selected garment template and selected level of wear (Fustinoni, Paragraph [0088], "The control unit 200 can be provided with a storage memory, wherein command instructions, e.g. in the form of a command file, for control the apparatus to carry out the laser scan in order to scribe and/or cut the fabric 20, according to the invention, can be stored." <read on "saving the garment design ... with the selected garment template">), providing a first digital file with a wear pattern for a first size and first style (Fustinoni, Paragraph [0036], "the input model can comprise information according to the size of the article and thus dimension of the at least one portion or surface of the article. The operator can select or insert the required size of the article … and the input model comprises accordingly at least one portion or surface having dimension according to the selected or inserted size of the article." <read on "digital file … for a first size and first style">; Fustinoni, Paragraph [0064], "the command instructions for operating said laser apparatus are provided in a control file … and preferably they also comprise the predetermined finishing pattern to be scribed on the fabric." <read on "first digital file with a wear pattern">), and automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles, different from the first size and first style (Fustinoni, Paragraph [0036], "The operator can select or insert the required size of the article (e.g. the size of the clothing article) and the input model comprises accordingly at least one portion or surface having dimension according to the selected or inserted size of the article." <read on "digital files … for a plurality of sizes">; Fustinoni, Paragraph [0101], "The 2D output model 5 can be modified and adapted, by adjusting the pattern 3 appearance on each portion 2b, 2c, 2d, 2e, 2f, 2g, 2h, 2i of the 2D model 2, in order to modify the final appearance of each of scribed portion 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i."; Fustinoni, Paragraph [0104], "the pattern 3 can be adjusted modifying the length and/or the width and/or the shape of the pattern 3 in order to better follow the realistic shape and curves of a clothing article 20a" <read on "automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles">).
Fustinoni and Costin are analogous since both are directed to computer-driven preparation of laser-finishing files for garments and both involve fitting the finishing pattern to a chosen garment style and size prior to laser scribing. Costin provided the client/server web interface with menu-driven selection of garment type, style, size, and wear/graphic pattern, a simulated preview echoed back from the receiving computer, and a numerically-controlled laser that consumes the customer's specifications. Fustinoni provided a 3D output model that combines the finishing pattern with a sized input model of the clothing article and a stored raster/vector command file that drives the laser apparatus per that output model — allowing the same wear pattern to be dimensioned and adjusted per portion for different sizes/styles. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Fustinoni's 3D output-model preview and size-driven output-model generation into Costin's client/server customization tool such that (a) the "picture" echoed back to the remote terminal is a three-dimensional preview of the customized garment with the selected wear pattern, and (b) when the user chooses a size and style at Costin's menus, digital finishing-command files carrying the same wear pattern are automatically generated for each of the different sizes and styles. The motivation is to provide a realistic model of the final clothing article before laser scribing and to avoid manual re-creation of the wear-pattern file for each size and style, ensuring correct positioning and dimensioning of the pattern on each portion of the article, as discussed by Fustinoni in Paragraphs [0028], [0035], and [0102].
Regarding Claim 6, the combination of Costin and Fustinoni teaches the invention in Claim 4.
The combination further teaches comprising at a server, merging a digital input file associated with the selected wear pattern with an image of the selected garment template to generate a merged image (Costin, Paragraph [0029], "The apparel is customized on the remote terminal using menus that are supplied from the receiving computer." <read on "at a server">; Costin, Paragraph [0033], "Receiving computer 120 now has enough information to begin to echo back a picture of the apparel." <read on "at a server ... generate a merged image">; Costin, Paragraph [0043], "FIG. 7 is the next element in the series, where the selected graphic is shown simulated on the jeans." <read on "merging a digital input file associated with the selected wear pattern with an image of the selected garment template">).
Fustinoni additionally teaches merging a digital input file associated with the selected wear pattern with an image of the selected garment template to generate a merged image (Fustinoni, Paragraph [0026], "combining said predetermined finishing pattern to be scribed on said fabric and said input model of the article to be scribed, in an output model of at least one scribed portion of said article" <read on "merging ... to generate a merged image">; Fustinoni, Paragraph [0100], "the output model 5, 5' provided in the step 113 is the 2D output model 5 of a plurality of scribed portions 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i provided by combining the predetermined finishing pattern 3 to be scribed and the 2D model 2 of the at least one portion or surface" <read on "merging a digital input file associated with the selected wear pattern with an image of the selected garment template">).
As explained in rejection of claim 4, the obviousness for combining of server-side combining of finishing pattern with garment input model of Fustinoni into Costin is provided above.
Claim(s) 3, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Costin (US 20050131571 A1), in view of Fustinoni (EP3754101A1) as applied to Claim 1, 4 above and further in view of Mitchell et al. (US 20170352092 A1, hereinafter Mitchell).
Regarding Claim 3, the combination of Costin and Fustinoni teaches the invention in Claim 2.
The combination does not explicitly disclose but Mitchell teaches wherein the automatically generating comprises scaling a first zone of the first digital file according to a first scaling factor, scaling a second zone of the first digital file according to a second scaling factor, different from the first scaling factor (Mitchell, Paragraph [0037], "setting one or more fit points (or coordinate points) on the mannequin image to establish points of adjustment on the reference image that can be manipulated to create the sized range of garment images." <read on "first zone ... second zone">; Mitchell, Paragraph [0038], "each point is manipulated to stretch or shrink the image in specific increments at one or more of the set points (or fit points). The incremental adjustments are unique to the garment and garment size and are based on the grade/size rules used by the manufacturer." <read on "scaling ... according to a first scaling factor ... second scaling factor">; Mitchell, Paragraph [0038], "one or more of the waist fit points LW1 (Left Waist-1), LW2 (Left Waist-2), RW1 (Right Waist-1), and RW2 (Right Waist-2) are stretched some number of pixels corresponding to half of the size increase (or 1 additional inch of fabric), and that the hip fit points LH1 (Left Hip-1), LH2 (Left Hip-2), RH1 (Right Hip-1), RH2 (Right Hip-2) are each stretched some number of pixels corresponding to half of the size increase (or 1.25 additional inches of fabric)." <read on "scaling a first zone ... a first scaling factor, scaling a second zone ... a second scaling factor, different from the first scaling factor">), and storing the first digital file with the scaled first zone and scaled second zone as a second digital file for a second size and first style (Mitchell, Paragraph [0032], "each garment image in the set corresponds to a particular size of the garment. For example, if a garment is available in sizes 0, 2, 4, 6, and 8, then the set of garment images includes a garment image for size 0 of the garment, a garment image for size 2 of the garment ..." <read on "second digital file for a second size">; Mitchell, Paragraph [0038], "the garment image for the size 4 pant (the garment) has more pixels than the reference garment image for the size 2 pant in a way that is proportional to how the actual size 4 pant has more fabric than the actual size 2 pant." <read on "storing the first digital file with the scaled first zone and scaled second zone as a second digital file for a second size and first style">).
Mitchell and Costin+Fustinoni are analogous since all three concern computer-driven generation of size-varied garment digital files/images for the same style from a reference. Costin provided menu-driven size selection with a stored numerical-controlled laser input. Fustinoni provided per-portion pattern adjustment and sizing of the input model. Mitchell provided the specific per-zone (per-fit-point) scaling arithmetic where different zones of the reference are stretched by different pixel amounts according to per-zone grade rules to produce a stored garment image for the next size. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Mitchell's per-fit-point per-zone scaling based on manufacturer's grade rules into the Costin+Fustinoni combination such that when Costin's size menu is used to request a different size, Mitchell's per-zone scaling stretches a first zone (e.g., waist) of the first digital file by a first scaling factor and stretches a second zone (e.g., hip) of the first digital file by a different second scaling factor, and stores the resulting file as a second digital file for the requested second size and same style. The motivation is to generate accurately-sized garment digital files across the size range from a single reference file without manually re-drawing per size, as discussed by Mitchell in Paragraphs [0032] and [0038] ("from a single 'reference' image of the garment ... generates a set of garment images for the garment based on one or more fit points in the reference image and the manufacturer's grade rules"; "The incremental adjustments are unique to the garment and garment size and are based on the grade/size rules used by the manufacturer").
Regarding Claim 5, it recites limitations similar in scope to the limitations of Claim 3 and therefore is rejected under the same rationale.
Claim(s) 7, 8, 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Costin (US 20050131571 A1), in view of Fustinoni (EP3754101A1), further in view of Chen et al. (US 20210241500 A1, hereinafter Chen).
Regarding Claim 7, the combination of Costin and Fustinoni teaches the invention in Claim 6.
The combination further teaches comprising generating the merged image comprising generating an adjusted base image from the image of the selected garment template without the selected wear pattern, [[generating a pattern mask based on the digital input file associated with the selected wear pattern, for a pixel at a pixel location of the merged image, obtaining a first contribution for the pixel location of the merged image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected wear pattern, for the pixel at the pixel location of the merged image, obtaining a second contribution at the pixel location for the merged image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image, and using the color value for the pixel at the pixel location in the merged image]] (Costin, Paragraph [0043], "the selected graphic is shown simulated on the jeans." <read on "generating the merged image">), and at the client, receiving the merged image from the server, wherein the garment design tool shows the merged image as the second preview image (Costin, Paragraph [0033], "The receiving computer provides the diagram shown in FIG. 5, which shows the front and back of the apparel on the screen." <read on "at the client, receiving the merged image from the server">; Costin, Paragraph [0043], "the selected graphic is shown simulated on the jeans." <read on "shows the merged image as the second preview image">).
Fustinoni teaches generating an adjusted base image from the image of the selected garment template without the selected wear pattern (Fustinoni, Paragraph [0093], "providing to the control unit 200 a 2D model 2 of the at least one portion or surface" <read on "image of the selected garment template without the selected wear pattern">; Fustinoni, Paragraph [0101], "The 2D output model 5 can be modified and adapted, by adjusting the pattern 3 appearance on each portion" <read on "generating an adjusted base image">), and at the client, receiving the merged image from the server, wherein the garment design tool shows the merged image as the second preview image (Fustinoni, Paragraph [0106], "The 2D output model 5 and the 3D output model 5' can be both displayed and modified by an operator" <read on "shows the merged image as the second preview image">).
As explained in rejection of claim 4, the obviousness for combining of server-side combining of finishing pattern with garment input model of Fustinoni into Costin is provided above.
But the combination of Costin and Fustinoni does not explicitly disclose generating a pattern mask based on the digital input file associated with the selected wear pattern, for a pixel at a pixel location of the merged image, obtaining a first contribution for the pixel location of the merged image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected wear pattern, for the pixel at the pixel location of the merged image, obtaining a second contribution at the pixel location for the merged image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image, and using the color value for the pixel at the pixel location in the merged image.
However, Chen teaches generating a pattern mask based on the digital input file associated with the selected wear pattern (Chen, Paragraph [0150], "generating a garment layer index mask by compositing the binary silhouettes of the one or more digital cutout garment textures" <read on "pattern mask based on the digital input file associated with the selected wear pattern">), for a pixel at a pixel location of the merged image, obtaining a first contribution for the pixel location of the merged image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected wear pattern (Chen, Paragraph [0178], "the channel-stacked image is a consolidated image that combines the garment layer index mask input with the undressed body image and a body mask." <read on "combining a first value for a pixel ... for the pattern mask and a pixel ... for the image of the selected garment template without the selected wear pattern">), for the pixel at the pixel location of the merged image, obtaining a second contribution at the pixel location for the merged image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image (Chen, Paragraph [0188], "the 3 channels are color channels ... of a composed image, and the K channels belong to K-dimensional representation of the garment layer index mask image." <read on "second contribution ... combining a second value for a pixel ... for the pattern mask and a pixel ... for the adjusted base image">), combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image (Chen, Paragraph [0176], "feature output Fi of each layer block i ... are upsampled and then combined with inputs Li+1 ... to be passed as input of next layer block i+1 in the cascade" <read on "combining the first contribution and second contribution to obtain a color value">), and using the color value for the pixel at the pixel location in the merged image (Chen, Paragraph [0192], "The final quality-enhanced composed image may be created by subtracting the digital file from the composite image inputted to the machine learning system." <read on "using the color value for the pixel at the pixel location in the merged image">).
Chen and Costin+Fustinoni are analogous since all three combine a garment/base image with a pattern/texture image to produce a composite garment preview. Therefore, it would have been obvious to further incorporate Chen's garment-layer-index-mask compositing into Costin+Fustinoni such that the merged image echoed back to the client is generated per-pixel using a mask derived from the wear-pattern file, with a first contribution combining the mask value with the un-worn garment-template pixel and a second contribution combining the mask value with the adjusted base image pixel, the two contributions combined to yield the pixel color value of the merged image. The motivation is to automate per-pixel photorealistic combining of the wear pattern with the garment template and to convey precise spatial information as to where the pattern-driven color changes should be applied, as discussed by Chen in Paragraphs [0154] and [0192].
Regarding Claim 8, Costin teaches a method comprising: providing a garment design tool [[that shows on a computer screen of a client a three-dimensional]] preview image of a garment design as customized by a user with a finishing pattern (Costin, Paragraph [0026], "The remote terminal 100 … includes a display 102, a local processor 104, and a connection 106 to a data link 110"; Costin, Paragraph [0027], "The other end of the data link 110 is connected to another computer, the receiving computer 120"; Costin, Paragraph [0033], "Receiving computer 120 now has enough information to begin to echo back a picture of the apparel." <read on "shows on a computer screen … a … preview image of a garment design">; Costin, Paragraph [0043], "FIG. 7 is the next element in the series, where the selected graphic is shown simulated on the jeans." <read on "preview image of a garment design as customized by a user with a finishing pattern">), in the garment design tool, providing an option for the user to select a garment base and upon the user's selection, showing on the computer screen a first preview image of the selected garment template (Costin, Paragraph [0030], "The customer first selects the clothing type of denim product to customize from the menu shown in FIG. 2, from the menu allowing jeans, shorts, shirts, jackets." <read on "select a garment base">; Costin, Paragraph [0031], "Completion of the function calls up the jean style menu shown in FIG. 3."; Costin, Paragraph [0033], "The receiving computer provides the diagram shown in FIG. 5, which shows the front and back of the apparel on the screen. The picture that is provided corresponds generally to the selection—here jean pants, boot cut." <read on "first preview image of the selected garment template">), in the garment design tool, providing an option for the user to select a wear pattern from a menu of wear patterns and upon the user's selection, showing on the computer screen a second preview image of the selected garment template with the selected wear pattern, wherein each wear pattern is associated with a digital input file to be used by a finishing machine to produce that wear pattern onto a garment (Costin, Paragraph [0036], "The user then selects a graphic to be formed on the denim. FIG. 6A shows the categories of graphics that can be selected. The user can select from text, Logos, wallpapers, graphics, or custom. Each selection brings up at least one other submenu, including further subcategories and/or choices." <read on "menu of wear patterns">; Costin, Paragraph [0041], "FIG. 6B shows the next screen shot in the sequence in which the library of the selected graphic, here flowers, is displayed. The user selects one of the graphics to be placed onto the garment."; Costin, Paragraph [0042], "images of different wearing looks … This can include custom work looks on the garment, including stonewash, acid wash, herring bone worn or the like." <read on "wear pattern">; Costin, Paragraph [0043], "FIG. 7 is the next element in the series, where the selected graphic is shown simulated on the jeans." <read on "second preview image of the selected garment template with the selected wear pattern">; Costin, Paragraph [0057], "The laser 1502 is driven by a computer 1504, which is programmed … to form the custom design and/or designs on the which is on a conveyer 1512" <read on "digital input file to be used by a finishing machine">), at a server, merging a digital input file associated with the selected wear pattern with an image of the selected garment template to generate a merged image, wherein the merged image is generated by [[generating an adjusted base image from the image of the selected garment template without the selected wear pattern, generating a pattern mask based on the digital input file associated with the selected wear pattern, for a pixel at a pixel location of the merged image, obtaining a first contribution for the pixel location of the merged image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected wear pattern, for the pixel at the pixel location of the merged image, obtaining a second contribution at the pixel location for the merged image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image, and using the color value for the pixel at the pixel location in the merged image]] (Costin, Paragraph [0029], "The apparel is customized on the remote terminal using menus that are supplied from the receiving computer."; Costin, Paragraph [0033], "Receiving computer 120 now has enough information to begin to echo back a picture of the apparel." <read on "at a server … generate a merged image">; Costin, Paragraph [0043], "the selected graphic is shown simulated on the jeans." <read on "merging a digital input file associated with the selected wear pattern with an image of the selected garment template">), and at the client receiving the merged image from the server, wherein the garment design tool shows the merged image as the second preview image (Costin, Paragraph [0033], "The receiving computer provides the diagram shown in FIG. 5, which shows the front and back of the apparel on the screen." <read on "at the client receiving the merged image from the server">; Costin, Paragraph [0043], "FIG. 7 is the next element in the series, where the selected graphic is shown simulated on the jeans." <read on "the garment design tool shows the merged image as the second preview image">).
Costin does not explicitly disclose but Fustinoni teaches providing a garment design tool that shows on a computer screen [[of a client]] a three-dimensional preview image of a garment design as customized by a user with a finishing pattern (Fustinoni, Paragraph [0028], "a realistic model of the final clothing article, as will be scribed by the laser apparatus, can be prepared" <read on "preview image of a garment design as customized by a user with a finishing pattern">; Fustinoni, Paragraph [0094], "providing to the control unit 200 a 3D model 2' of the clothing article 20a to be scribed" <read on "three-dimensional … image of a garment">; Fustinoni, Paragraph [0099], "an output model 5, 5' is provided. The output model 5, 5' comprises a 3D output model 5' of the scribed clothing article 20a … scribed with the predetermined finishing pattern 3 is created." <read on "three-dimensional preview image of a garment design as customized by a user with a finishing pattern">; Fustinoni, Paragraph [0106], "The 2D output model 5 and the 3D output model 5' can be both displayed and modified by an operator as shown in figure 2c." <read on "shows on a computer screen … a three-dimensional preview image">), providing an option for the user to select a garment base and upon the user's selection, showing on the computer screen a first preview image of the selected garment template (Fustinoni, Paragraph [0036], "The operator can select or insert the required size of the article … and the input model comprises accordingly at least one portion or surface having dimension according to the selected or inserted size of the article." <read on "select a garment base">; Fustinoni, Paragraph [0037], "the operator advantageously has the possibility of displaying both the 2D and the 3D input model on a monitor at the same time." <read on "showing on the computer screen a first preview image of the selected garment template">; Fustinoni, Paragraph [0095], "the model 2' of the clothing article to be scribed is a pair of jeans, but other models 2' of different clothing article 20a can be provided, for example skirts or jackets." <read on "garment base">), providing an option for the user to select a wear pattern from a menu of wear patterns and upon the user's selection, showing on the computer screen a second preview image of the selected garment template with the selected wear pattern, wherein each wear pattern is associated with a digital input file to be used by a finishing machine to produce that wear pattern onto a garment (Fustinoni, Paragraph [0064], "the command instructions for operating said laser apparatus are provided in a control file, preferably a raster format file or a vector format file or a hybrid raster/vector file, and preferably they also comprise the predetermined finishing pattern to be scribed on the fabric." <read on "digital input file to be used by a finishing machine">; Fustinoni, Paragraph [0074], "the term finishing pattern 3 (or appearance pattern) is used herein to indicate for example a faded, or worn finish look effect" <read on "wear pattern">; Fustinoni, Paragraph [0079], "portions 20b - 20e … are marked according to a pattern 3 which comprises seams 3', flat fell seams 3" for hems and belt and faded decorative pattern 3"', while portions 20f, 20g of the pockets and belt are marked with a different faded decorative pattern 3"'" <read on "menu of wear patterns">; Fustinoni, Paragraph [0104], "The 3D output model 5' is modified by adjusting the pattern 3 appearance on the clothing article model 2'" <read on "showing on the computer screen a second preview image of the selected garment template with the selected wear pattern">), at a server, merging a digital input file associated with the selected wear pattern with an image of the selected garment template to generate a merged image, wherein the merged image is generated by generating an adjusted base image from the image of the selected garment template without the selected wear pattern, [[generating a pattern mask based on the digital input file associated with the selected wear pattern, for a pixel at a pixel location of the merged image, obtaining a first contribution for the pixel location of the merged image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected wear pattern, for the pixel at the pixel location of the merged image, obtaining a second contribution at the pixel location for the merged image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image, combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image, and using the color value for the pixel at the pixel location in the merged image]] (Fustinoni, Paragraph [0026], "combining said predetermined finishing pattern to be scribed on said fabric and said input model of the article to be scribed, in an output model of at least one scribed portion of said article" <read on "merging a digital input file associated with the selected wear pattern with an image of the selected garment template to generate a merged image">; Fustinoni, Paragraph [0093], "the method comprises the step 111 of providing to the control unit 200 a 2D model 2 of the at least one portion or surface … each representing a portion … of the clothing article 20a" <read on "image of the selected garment template without the selected wear pattern">; Fustinoni, Paragraph [0100], "the output model 5, 5' provided in the step 113 is the 2D output model 5 of a plurality of scribed portions 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i provided by combining the predetermined finishing pattern 3 to be scribed and the 2D model 2 of the at least one portion or surface"; Fustinoni, Paragraph [0101], "The 2D output model 5 can be modified and adapted, by adjusting the pattern 3 appearance on each portion 2b, 2c, 2d, 2e, 2f, 2g, 2h, 2i of the 2D model 2, in order to modify the final appearance of each of scribed portion" <read on "generating an adjusted base image from the image of the selected garment template without the selected wear pattern">; Fustinoni, Paragraph [0103], "the output model 5' of the scribed clothing article is a 3D model, and is provided by combining the predetermined finishing pattern 3 to be scribed on said clothing article 20a and the 3D model 2' of the clothing article 20a to be scribed."), and at the client receiving the merged image from the server, wherein the garment design tool shows the merged image as the second preview image (Fustinoni, Paragraph [0043], "an operator can display both the 3D and the 2D output models on a monitor, in order to have a full view of the final result." <read on "the garment design tool shows the merged image as the second preview image">; Fustinoni, Paragraph [0106], "The 2D output model 5 and the 3D output model 5' can be both displayed and modified by an operator as shown in figure 2c." <read on "shows the merged image as the second preview image">).
Fustinoni and Costin are analogous since both are directed to computer-driven preparation of a garment/fabric to be scribed by a laser finishing machine and both use a merged/combined image of the garment with the finishing pattern as the preview shown to a user before laser scribing. Costin provided the client/server web interface, the menu-driven wear-pattern selection, and the server-generated simulated preview echoed back to the client. Fustinoni provided the server-side combining of the finishing pattern with the input model of the garment (with a per-portion pattern-appearance adjustment) to obtain an output model that is a realistic preview of the scribed article, displayable on a monitor as a 2D and/or 3D view. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Fustinoni's server-side combining of the finishing pattern with the garment input model (including the pattern-appearance-adjusted base) and its 3D output-model preview into the client/server tool of Costin such that the "picture" echoed back by the receiving computer to the remote terminal is the merged three-dimensional image of the selected garment template combined with the selected wear pattern. The motivation is to prepare a realistic model of the final clothing article — as it will be scribed by the laser — before the laser operation is carried out, so that the position and appearance of the pattern on each portion of the garment can be verified and adjusted in advance, as discussed by Fustinoni in Paragraphs [0028], [0042], and [0043].
The combination of Costin and Fustinoni does not explicitly disclose but Chen teaches Chen teaches generating a pattern mask based on the digital input file associated with the selected wear pattern (Chen, Paragraph [0148], "each binary silhouette is generated by extracting and thresholding alpha channel of a respective digital cutout garment texture." <read on "generating a pattern mask">; [0150], "generating a garment layer index mask by compositing the binary silhouettes of the one or more digital cutout garment textures" <read on "pattern mask based on the digital input file associated with the selected wear pattern">), for a pixel at a pixel location of the merged image, obtaining a first contribution for the pixel location of the merged image by combining a first value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the image of the selected garment template without the selected wear pattern (Chen, Paragraph [0154], "the spatial information is provided in terms of a location of pixels to be modulated to render the photorealistic changes." <read on "pixel at a pixel location ... first contribution for the pixel location">; [0157], "the computer-implemented method operates to generate the composite image by overlaying the one or more digital cutout garment textures acquired from digital image of the garment onto the body of the dressable model acquired from the digital image of the dressable model." <read on "combining ... a pixel corresponding to the pixel location for the image of the selected garment template without the selected wear pattern">; [0178], "the channel-stacked image is a consolidated image that combines the garment layer index mask input with the undressed body image and a body mask." <read on "combining a first value for a pixel ... for the pattern mask and a pixel ... for the image of the selected garment template without the selected wear pattern">), for the pixel at the pixel location of the merged image, obtaining a second contribution at the pixel location for the merged image by combining a second value for a pixel corresponding to the pixel location for the pattern mask and a pixel corresponding to the pixel location for the adjusted base image (Chen, Paragraph [0186], "'RGB no-shadow images' refer to images that do not have photorealistic changes applied thereto. Subsequently, the RGB no-shadow images are composed images without photorealistic changes applied thereto." <read on "adjusted base image">; Chen, Paragraph [0188], "the 3 channels are color channels ... of a composed image, and the K channels belong to K-dimensional representation of the garment layer index mask image." <read on "second contribution ... combining a second value for a pixel ... for the pattern mask and a pixel ... for the adjusted base image">), combining the first contribution and second contribution to obtain a color value for a pixel at the pixel location for the second preview image (Chen, Paragraph [0176], "feature output Fi of each layer block i ... are upsampled and then combined with inputs Li+1 ... to be passed as input of next layer block i+1 in the cascade, and repeated up to last layer block (block N) of the network, which generates the digital file including photorealistic changes." <read on "combining the first contribution and second contribution to obtain a color value">), and using the color value for the pixel at the pixel location in the merged image (Chen, Paragraph [0192], "The final quality-enhanced composed image may be created by subtracting the digital file from the composite image inputted to the machine learning system." <read on "using the color value for the pixel at the pixel location in the merged image">).
Chen and Costin+Fustinoni are analogous since all three concern computer-driven combining of a garment/base image with a pattern/texture image to produce a composite preview. Chen adds the pixel-level, mask-based compositing framework that Costin+Fustinoni leave open. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Chen's garment-layer-index-mask compositing into Costin+Fustinoni such that the server-side preview echoed back in Costin (the output model of Fustinoni) is generated on a per-pixel basis, with a mask derived from the wear-pattern file and per-pixel contributions combined from the mask-modulated garment-template pixel and the mask-modulated adjusted base image. The motivation is to automate a per-pixel photorealistic preview with reduced human intervention and to convey precise spatial information as to where pattern-driven color changes should be applied, as discussed by Chen in Paragraphs [0154] and [0192].
Regarding Claim 10, the combination of Costin, Fustinoni and Chen teaches the invention in Claim 8.
The combination further teaches wherein the garment design comprises a design for at least one of a pair of pants, jeans, or shorts (Costin, Paragraph [0030], "The customer first selects the clothing type of denim product to customize from the menu shown in FIG. 2, from the menu allowing jeans, shorts, shirts, jackets." <read on "at least one of a pair of pants, jeans, or shorts">; Costin, Paragraph [0031], "The type of denim product can include style, e.g., boot cut, regular, relaxed, loose, baggy, wide leg, carpenter jeans, or hard jeans." <read on "jeans">).
Fustinoni additionally teaches same limitation (Fustinoni, Paragraph [0079], "figure 5 shows portions 20b, 20c, 20d, 20e, 20f, 20g, 20h, 20i which assembled together form a pair of jeans" <read on "jeans">; Fustinoni, Paragraph [0095], "the model 2' of the clothing article to be scribed is a pair of jeans" <read on "a pair of pants, jeans">).
As explained in rejection of claim 8, the obviousness for combining of Fustinoni into Costin is provided above.
Regarding Claim 11 the combination of Costin, Fustinoni and Chen teaches the invention in Claim 8.
The combination further teaches wherein the first contribution comprises a first percentage of the image of the selected garment template that passes to the merged image, and the second contribution comprises a second percentage of the adjusted base image that passes to the merged image (Chen, Paragraph [0148], "each binary silhouette is generated by extracting and thresholding alpha channel of a respective digital cutout garment texture. It will be appreciated that pixels comprise information pertaining to color (namely, red, blue and green), in addition to an alpha attribute that determines opacity of the pixels." <read on "first percentage of the image of the selected garment template that passes to the merged image">; Chen, Paragraph [0149], "the alpha attribute of the pixels of the digital cutout garment texture is thresholded so as to obtain the binary silhouette of desirable opacity. In an embodiment, a value of the alpha attribute may range from '0' for transparent area to '255' for opaque area. In such case, pixels of the digital cutout garment texture are thresholded to a '128' value of alpha attribute to obtain a binary silhouette of 50 percent visibility." <read on "first percentage ... second percentage">; Chen, Paragraph [0188], "in the 'K+3' version of channel stacked images, the 3 channels are color channels (namely, red channel, blue channel, and green channel) of a composed image, and the K channels belong to K-dimensional representation of the garment layer index mask image." <read on "first percentage ... that passes to the merged image ... second percentage ... that passes to the merged image">).
As explained in rejection of claim 8, the obviousness for combining of alpha-thresholded mask supplying the percentage-contribution combining framework of Chen into Costin is provided above.
Regarding Claim 12, the combination of Costin, Fustinoni and Chen teaches the invention in Claim 8.
The combination further teaches wherein for the first contribution, the combining comprises a multiply operation of the first value for pixel corresponding to pixel location for the pattern mask and the pixel corresponding to the pixel location for the image of the selected garment template without the selected wear pattern (Chen, Paragraph [0148], "each binary silhouette is generated by extracting and thresholding alpha channel of a respective digital cutout garment texture. It will be appreciated that pixels comprise information pertaining to color (namely, red, blue and green), in addition to an alpha attribute that determines opacity of the pixels." <read on "first value for pixel corresponding to pixel location for the pattern mask ... multiply operation">; Chen, Paragraph [0149], "a value of the alpha attribute may range from '0' for transparent area to '255' for opaque area. In such case, pixels of the digital cutout garment texture are thresholded to a '128' value of alpha attribute to obtain a binary silhouette of 50 percent visibility." <read on "multiply operation of the first value ... for the pattern mask and the pixel ... for the image">; Chen, Paragraph [0176], "feature output Fi of each layer block i (i=1, 2, . . . N−1) of resolution 'r' are upsampled and then combined with inputs Li+1 scaled at working resolution '2r' of layer block i+1 to be passed as input of next layer block i+1 in the cascade" <read on "multiply operation ... for the pattern mask and the pixel ... for the image of the selected garment template without the selected wear pattern">; Chen, Paragraph [0188], "in the 'K+3' version of channel stacked images, the 3 channels are color channels (namely, red channel, blue channel, and green channel) of a composed image, and the K channels belong to K-dimensional representation of the garment layer index mask image." <read on "multiply operation of the first value for pixel corresponding to pixel location for the pattern mask and the pixel corresponding to the pixel location for the image of the selected garment template without the selected wear pattern">).
As explained in rejection of claim 8, the obviousness for combining of opacity and mask supplying the percentage-contribution combining framework of Chen into Costin is provided above.
Regarding Claim 13, the combination of Costin, Fustinoni and Chen teaches the invention in Claim 8.
The combination further teaches wherein for the second contribution, the combining comprises a multiply operation of the second value for the pixel corresponding to the pixel location for the pattern mask and the pixel corresponding to the pixel location for the adjusted base image (Chen, Paragraph [0148], "each binary silhouette is generated by extracting and thresholding alpha channel of a respective digital cutout garment texture. It will be appreciated that pixels comprise information pertaining to color (namely, red, blue and green), in addition to an alpha attribute that determines opacity of the pixels." <read on "second value for the pixel corresponding to the pixel location for the pattern mask ... multiply operation">; Chen, Paragraph [0149], "the alpha attribute of the pixels of the digital cutout garment texture is thresholded so as to obtain the binary silhouette of desirable opacity. In an embodiment, a value of the alpha attribute may range from '0' for transparent area to '255' for opaque area. In such case, pixels of the digital cutout garment texture are thresholded to a '128' value of alpha attribute to obtain a binary silhouette of 50 percent visibility." <read on "multiply operation of the second value ... for the pattern mask and the pixel ... for the adjusted base image">; Chen, Paragraph [0176], "feature output Fi of each layer block i (i=1, 2, . . . N−1) of resolution 'r' are upsampled and then combined with inputs Li+1 scaled at working resolution '2r' of layer block i+1 to be passed as input of next layer block i+1 in the cascade" <read on "multiply operation ... for the pattern mask and the pixel ... for the adjusted base image">; Chen, Paragraph [0186], "aforementioned term 'RGB no-shadow images' refer to images that do not have photorealistic changes applied thereto. Subsequently, the RGB no-shadow images are composed images without photorealistic changes applied thereto." <read on "adjusted base image">; Chen, Paragraph [0188], "in the 'K+3' version of channel stacked images, the 3 channels are color channels (namely, red channel, blue channel, and green channel) of a composed image, and the K channels belong to K-dimensional representation of the garment layer index mask image." <read on "multiply operation of the second value for the pixel corresponding to the pixel location for the pattern mask and the pixel corresponding to the pixel location for the adjusted base image">).
Chen and Costin+Fustinoni are analogous — all three concern computer-driven combining of a garment/base image with a pattern/texture image on a per-pixel basis to produce a composite preview. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Chen's alpha-opacity / channel-stacked convolutional combining into the Costin+Fustinoni preview generation such that the second contribution at each pixel location of the merged image is obtained by multiplying the mask value (i.e., the alpha/opacity value from the garment-layer index mask) with the pixel value of the adjusted base image (i.e., the RGB no-shadow composed base image) at that pixel location. The motivation is to obtain a per-pixel weighted contribution of the adjusted base image to the final composite preview so that the amount of the base image that shows through the wear pattern at each pixel location is controlled by the mask, as discussed by Chen in Paragraphs [0149].
Regarding Claim 14 the combination of Costin, Fustinoni and Chen teaches the invention in Claim 8.
The combination further teaches comprising: saving the garment design as customized by a user with the selected garment template (Costin, Paragraph [0029], "The results of each click are recorded by the receiving computer 120" <read on "saving the garment design as customized by a user with the selected garment template">; Costin, Paragraph [0049], "The order is then sent to a central location for processing." <read on "saving the garment design as customized by a user with the selected garment template">); and based on the digital input file associated with the selected wear pattern, using a finishing machine to create a finishing pattern on an outer surface of the a target garment corresponding to the selected garment template (Costin, Paragraph [0049], "the garment is formed by laser-etching the desired designs in the garment ... It preferably includes a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer" <read on "using a finishing machine to create a finishing pattern on an outer surface of the a target garment corresponding to the selected garment template">; Costin, Paragraph [0057], "The laser 1502 is driven by a computer 1504, which is programmed ... to form the custom design and/or designs on the [garment]" <read on "based on the digital input file associated with the selected wear pattern, using a finishing machine to create a finishing pattern">).
Fustinoni additionally teaches based on the digital input file associated with the selected wear pattern, using a finishing machine to create a finishing pattern on an outer surface of the a target garment corresponding to the selected garment template (Fustinoni, Paragraph [0026], "operating said laser source and said moving means for generating said output laser beam for scribing lines and/or dots forming the predetermined finishing pattern on said fabric according to said command instructions" <read on "using a finishing machine to create a finishing pattern">).
As explained in rejection of claim 8, the obviousness for combining of server-side combining of finishing pattern with garment input model of Fustinoni into Costin is provided above.
Regarding Claim 15, the combination of Costin, Fustinoni and Chen teaches the invention in Claim 8.
The combination further teaches [[ and saving the garment design as customized by a user with the selected garment template and selected level of wear at the server ]] ;providing a first digital file with a wear pattern for a first size and first style (Costin, Paragraph [0032], "Completion of the function calls up the size menu, shown in FIG. 4. The user selects the waist size, jean length, and finish. The finish can be stonewash, dark, antique or an overdyed color selected from a pull-down menu." <read on "first size and first style">; [0049], "It preferably includes a numerical controlled laser system that can custom form apparel based on the specifications entered into the receiving computer from the remote computer over the data link." <read on "first digital file with a wear pattern">), but does not explicitly disclose [[automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles, different from the first size and first style]].
Costin does not explicitly disclose but Fustinoni teaches saving the garment design as customized by a user with the selected garment template and selected level of wear [[at the server]] (Fustinoni, Paragraph [0088], "The control unit 200 can be provided with a storage memory, wherein command instructions, e.g. in the form of a command file, for control the apparatus to carry out the laser scan in order to scribe and/or cut the fabric 20, according to the invention, can be stored." <read on "saving the garment design ... at the server">; Fustinoni, Paragraph [0108], "Command instructions 100 are finally provided to the laser apparatus 1 for scribing a predetermined finishing pattern 3 on the fabric 20" <read on "saving the garment design as customized by a user with the selected garment template">); providing a first digital file with a wear pattern for a first size and first style (Fustinoni, Paragraph [0036], "the input model can comprise information according to the size of the article and thus dimension of the at least one portion or surface of the article. The operator can select or insert the required size of the article ... and the input model comprises accordingly at least one portion or surface having dimension according to the selected or inserted size of the article." <read on "digital file … for a first size and first style">; Fustinoni, Paragraph [0064], "the command instructions for operating said laser apparatus are provided in a control file, preferably a raster format file or a vector format file" <read on "first digital file with a wear pattern">), and automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles, different from the first size and first style (Fustinoni, Paragraph [0036], "The operator can select or insert the required size of the article ... and the input model comprises accordingly at least one portion or surface having dimension according to the selected or inserted size of the article." <read on "digital files ... for a plurality of sizes">; Fustinoni, Paragraph [0104], "the pattern 3 can be adjusted modifying the length and/or the width and/or the shape of the pattern 3 in order to better follow the realistic shape and curves of a clothing article" <read on "automatically generating a plurality of digital files with the wear pattern for a plurality of sizes and styles">).
Fustinoni and Costin are analogous since both address the same field of laser finishing of garments (especially denim/jeans) and both use a computerized tool to prepare the finishing pattern that will be applied by a laser onto the garment. Costin provided a client/server way of letting a user customize garment style and wear/graphic patterns online with a simulated preview. Fustinoni provided a way of building a 3D output model of a clothing article with digital files with the wear pattern for a plurality of sizes applied. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the size-driven output-model file generation of Fustinoni into Costin such that different size/style menu selections in Costin automatically produce distinct finishing-command files carrying the same wear pattern; motivation as discussed by Fustinoni in Paragraph [0035].
Claim(s) 9, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Costin (US 20050131571 A1), in view of Fustinoni (EP3754101A1), further in view of Chen et al. (US 20210241500 A1, hereinafter Chen) as applied to Claim 8 above and further in view of Mitchell et al. (US 20170352092 A1, hereinafter Mitchell).
Regarding Claim 9, the combination of Costin, Fustinoni and Chen teaches the invention in Claim 8.
The combination does not explicitly disclose but Mitchell teaches allowing the user to change a point from which the three-dimensional preview image of the garment design is viewed (Mitchell, Paragraph [0030], "the at least one digital image of the garment on the mannequin may include multiple images of the garment on the mannequin, such as a front view image, a side view image, a rear-view image, and so on." <read on "change a point from which the ... preview image ... is viewed">; Mitchell, Paragraph [0033], "the same or similar process could be following for a front view, side view, and rear view of the garment. For example, (i) a single front view reference photo of the garment could be used to create a plurality of front view garment images ... (ii) a single side view reference photo of the garment could be used to create a plurality of side view garment images ... and (iii) a single rear view reference photo of the garment could be used to create a plurality of rear view garment images" <read on "change a point from which the three-dimensional preview image ... is viewed">; Mitchell, Paragraph [0092], "the Raster Mapped 3-D Apparel Sub-Process includes one or more of: (i) receiving a 360° raster image of a reference garment displayed on a mannequin; (ii) receiving a 3-D scan of the reference garment on the mannequin and creating a 3-D model image of the exterior of the garment displayed on the mannequin based on the 3-D scan; (iii) aligning the 3-D model image with the 360° raster image and draping the raster image over the 3-D model image to create a 3-D garment image" <read on "allowing the user to change a point from which the three-dimensional preview image of the garment design is viewed">).
Mitchell and Costin+Fustinoni+Chen are analogous since all address computerized preview of a customized garment. Fustinoni provided the 3D output model displayable on a monitor and modifiable by the operator. Mitchell provided a 360°-raster-mapped 3-D garment image supporting front/side/rear-view rendering that inherently supports user-selected viewpoint viewing. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Mitchell's 360°-raster-mapped 3-D garment image and multi-view (front/side/rear) rendering into the Costin+Fustinoni+Chen combination such that the 3-D preview image of the customized garment can be viewed by the user from a chosen point of view (front, side, rear, or any point along the 360° range). The motivation is to give the user a more complete visual assessment of the customized garment before finalizing the design and driving the finishing machine, as suggested by Mitchell Paragraph [0092].
Regarding Claim 16, the combination of Costin, Fustinoni and Chen teaches the invention in Claim 15.
The combination does not explicitly disclose but Mitchell teaches wherein the automatically generating comprises scaling a first zone of the first digital file according to a first scaling factor, scaling a second zone of the first digital file according to a second scaling factor, different from the first scaling factor (Mitchell, Paragraph [0037], "setting one or more fit points (or coordinate points) on the mannequin image to establish points of adjustment on the reference image that can be manipulated to create the sized range of garment images." <read on "first zone ... second zone">; Mitchell, Paragraph [0038], "each point is manipulated to stretch or shrink the image in specific increments at one or more of the set points (or fit points). The incremental adjustments are unique to the garment and garment size and are based on the grade/size rules used by the manufacturer." <read on "scaling ... according to a first scaling factor ... second scaling factor">; Mitchell, Paragraph [0038], "one or more of the waist fit points LW1 (Left Waist-1), LW2 (Left Waist-2), RW1 (Right Waist-1), and RW2 (Right Waist-2) are stretched some number of pixels corresponding to half of the size increase (or 1 additional inch of fabric), and that the hip fit points LH1 (Left Hip-1), LH2 (Left Hip-2), RH1 (Right Hip-1), RH2 (Right Hip-2) are each stretched some number of pixels corresponding to half of the size increase (or 1.25 additional inches of fabric)." <read on "scaling a first zone ... a first scaling factor, scaling a second zone ... a second scaling factor, different from the first scaling factor">), and storing the first digital file with the scaled first zone and scaled second zone as a second digital file for a second size and first style (Mitchell, Paragraph [0032], "each garment image in the set corresponds to a particular size of the garment. For example, if a garment is available in sizes 0, 2, 4, 6, and 8, then the set of garment images includes a garment image for size 0 of the garment, a garment image for size 2 of the garment ..." <read on "second digital file for a second size">; Mitchell, Paragraph [0038], "the garment image for the size 4 pant (the garment) has more pixels than the reference garment image for the size 2 pant in a way that is proportional to how the actual size 4 pant has more fabric than the actual size 2 pant." <read on "storing the first digital file with the scaled first zone and scaled second zone as a second digital file for a second size and first style">).
Mitchell and Costin+Fustinoni are analogous — all three concern computer-driven generation of size-varied garment digital files/images for the same style from a reference. Costin provided menu-driven size selection with a stored numerical-controlled laser input. Fustinoni provided per-portion pattern adjustment and sizing of the input model. Mitchell provided the specific per-zone (per-fit-point) scaling arithmetic where different zones of the reference are stretched by different pixel amounts according to per-zone grade rules to produce a stored garment image for the next size. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Mitchell's per-fit-point per-zone scaling based on manufacturer's grade rules into the Costin+Fustinoni combination such that when Costin's size menu is used to request a different size, Mitchell's per-zone scaling stretches a first zone (e.g., waist) of the first digital file by a first scaling factor and stretches a second zone (e.g., hip) of the first digital file by a different second scaling factor, and stores the resulting file as a second digital file for the requested second size and same style. The motivation is to generate accurately-sized garment digital files across the size range from a single reference file without manually re-drawing per size, as discussed by Mitchell in Paragraphs [0032] and [0038] ("from a single 'reference' image of the garment ... generates a set of garment images for the garment based on one or more fit points in the reference image and the manufacturer's grade rules"; "The incremental adjustments are unique to the garment and garment size and are based on the grade/size rules used by the manufacturer").
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/YuJang Tswei/Primary Examiner, Art Unit 2614
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