Detailed Action
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Action is in reply to the Amendment filed on 3/18/2026. Claims 1-30 are currently pending and have been examined. Claims 1-13, 20, and 30 have been amended. The claim objections and 101 rejection have been overcome by amendment.
Request for Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/18/2026 has been entered.
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Provisional Applications Nos. 63358038 & 63554352, and US Applications Nos. 18217412 & 18378593, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Each of these Applications fails to provide support for at least the steps of injecting the synthesized composite image into the product listing page, by replacing a corresponding carousel image representing the selected article of clothing with the synthesized composite image as a continuous inline update to the carousel while browsing the product listing page.
The claims are therefore afforded an effective filing date of 6/11/2025.
Information Disclosure Statement
The IDS filed 3/3/2026 was received and has been considered.
Claim Objections
Claim 1 is objected to for the following informalities: the step of “executing a garment warping model” should not end with an “and,” and the step of “executing a try-on synthesis model” should end with a semicolon.
Appropriate correction is required.
Claim Rejection - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-30 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “injecting the synthesized composite image into the product listing page, by replacing a corresponding carousel image representing the selected article of clothing with the synthesized composite image as a continuous inline update to the carousel while browsing the product listing page” and Claim 13 recites the ability to “apply a try-on synthesis model that receives as inputs the warped garment image and a cloth-agnostic representation of the human boy likeness image to… inject the synthesized composite image into the product listing page, wherein the synthesized image replaces a corresponding carousel image representing the selected article of clothing as a continuous inline update to the carousel while browsing the product listing page.” The subject matter of the claim does not conform to the disclosure in such a manner in which one of ordinary skill in the art would have recognized such system/method as being that which Applicant adequately described as the invention or what applicant actually had possession of at the time of the invention. A review of the disclosure does not provide support for these limitations; while the Specification supports a carousel of styled images [0059], that garments maybe be provided from a carousel by a recommendation engine [0082], and producing an image of the user wearing a selected garment [0061], and that a composite image may be displayed as a widget [00147] or in a display specific to the image [00145], which appears to be a pop-up [Fig. 22], or alongside images of garments [Fig. 23], it does not support the recited limitations injecting the composite image into a page by performing a continuous inline update to a carousel of articles of clothing by replacing a specific image within the carousel with the composite image. In other words, while the disclosure supports the generation & display of composite images, and the ability for a garment to be selected from a carousel of garment images, it does not recite an ability to display the composite image by modifying the carousel, particularly not in the specific way claimed. It is noted that this is not an enablement rejection.
Claims 2-12 and 14-30 depend on Claims 1 and 13 and are rejected on the same basis.
Claim Eligibility - 35 USC § 101
The claims recite eligible subject matter. Specifically, the amended claims integrate the judicial exception into a practical application. The claims recite steps including executing a garment warping model that generates body segmentation of the human body likeness image and deforms, responsive to the activation and based on the body segmentation, an image of the article of clothing selected from the retailer’s digital store to conform to the human body likeness image of the consumer in shape and size, producing a warped garment image; and executing a try-on synthesis model that receives as inputs the warped garment image and a cloth-agnostic representation of the human body likeness image to generate a synthesized composite image depicting the consumer wearing the warped selected article of clothing, and injecting the synthesized composite image into the product listing page, by replacing a corresponding carousel image representing the selected article of clothing with the synthesized composite image as a continuous inline update to the carousel while browsing the product listing page. These limitations recite meaningful limitations beyond generally linking the use of the judicial exception to a technological environment, providing an a specific interactive interface and system for image-manipulation & generation of composite images, allowing a more realistic representation of how the clothing would appear on the user (Spec: [00104]) and streamlining the process of aligning virtual garments with a user’s body (Spec: [00132]), such that the claims provide an inventive concept to the claim as a whole [MPEP 2106.05(e)]. The claims as a whole are more than a drafting effort designed to monopolize the exception [MPEP 2106.04(d)], and are therefore eligible under 101.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejection – 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-
obviousness.
Claims 1-30 are rejected under 35 U.S.C. 103 as being unpatentable over Kristal et al (US 20180047192 A1), hereinafter Kristal, in view of Wiesel et al (US 20190050427 A1), hereinafter Wiesel.
Regarding Claim 1, Kristal discloses a computer-implemented method of integrating a graphical user interface tool into a retailer’s digital store, the method executed by a processor configured with an image-processing model (Kristal: [0464], [0014]), the method comprising:
generating rapid images executed for display within the retailer’s digital store, by combining garment images with pre-constructed style images delivered in quick succession from a non-transitory memory associated with store data, and rendering resulting images within a product listing page of the retailer's digital store (Kristal: “an e-commerce website that offers the product for sale. … a user interface element, such as a “Try It On” button, could be incorporated into the webpage to allow users to try on the product using the functionality of the system …Clicking this user interface element may result in a composite anchor image being generated and displayed via a user's web browser to show the product virtually dressed on the user. The composite anchor image could be displayed within the same webpage that depicts the product” [0123] – “convert a product image into a product mask, and … convert a user's image into a user body mask. … enables the subsequent processing of “virtual dressing” to be rapid and efficient” [0139] – “product images may be image processed by incorporating the image(s) into an anchor image to generate the composite digital anchor image that depicts the …The product images may be appropriately layered at locations where they overlap.” [0065] – “ the product image and product data may be stored into a product database” [0122]);
providing an interactive overlay tool [“try it on” button] operable on the product listing page of the retailer's digital store, for a consumer to initiate execution of a style function and a purchase function via the interactive overlay tool from the product listing page (Kristal: “a user interface element, such as a “Try It On” button, could be incorporated into the webpage to allow users to try on the product using the functionality of the system … Clicking this user interface element may result in a composite anchor image being generated and displayed via a user's web browser to show the product virtually dressed on the user. ” [0123] – “A user interface element that allows the user to purchase the product is shown to the right of the first composite anchor image.” [0453] – See Figure 38, which depicts the button overlaid over the product listings, and 40B, which depicts the virtual try-on and purchase function.);
obtaining a human body likeness image [user image] of the consumer (Kristal: “the User Handler Module 4 may receive, as an input 22, at least one user image and, optionally, user size information, such as a user height. FIG. 2 illustrates that the User Handler Module 4 may generate, as an output 24, one or more of a user 3D mesh extraction” [0088] – “a user image may be obtained … The user image is processed, analyzed and improved by the Product Handler Module 6; and may be stored in a user profiles database 114, together with other user data that is obtained or extracted or received. ” [0123]);
providing, within the product listing page, a layout populated with a plurality of retailer stock keeping units [products for sale] as selectable articles of clothing for viewing by the consumer, the layout being rendered within the retailer's digital store (Kristal: “a vendor web server hosting an e-commerce website that offers the product for sale.” [0123]- “FIG. 38 illustrates one example source representing a clothing product vendor's webpage, which may be viewed using a web browser or web application on a computer or, as shown in the inset, on a mobile device. It will be seen that the product images may include the previously discussed “Try It On” user interface element that activates the processing of FIG. 37 and virtually dresses the product on an image of a user.” [0449] – See figure 38.);
receiving a selection by the consumer of an article of clothing from within the layout in the retailer's digital store, together with activation of the interactive overlay tool for the article of clothing (Kristal: “a “Try It On” button, could be incorporated into the webpage to allow users to try on the product using the functionality of the system 2 (see FIG. 38). Clicking this user interface element may result in a composite anchor image being generated and displayed via a user's web browser to show the product virtually dressed on the user. ” [0123] – “the composite anchor image could be displayed on a user's mobile device or computer. It could also be displayed on an e-commerce webpage, such as the one illustrated in FIG. 38 (e.g., in response to a user activating the “Try It On” button). ” [0451] - See Figures 38 and 40A-E);
executing a garment warping model that:
generates body segmentation of the human body likeness image (Kristal: “convert a user's image into a user body mask.” [0139] – “convert an original user image as shown in FIG. 9 into a user mask or template as shown in FIG. 10.” [0134] -- See Figures 9-10) and
deforms, responsive to the activation and based on the body segmentation, an image of the article of clothing selected from the retailer's digital store to conform to the human body likeness image of the consumer in shape and measurement, producing a warped garment image (Kristal: “virtual dressing, by overlaying or inserting or otherwise combining, a two-dimensional image of a product (two-dimensional images of several products), onto a two-dimensional image of a user” [0119] – “ensure that the product image fits accurately when overlayed over the user image, optionally by resizing the product image (or product mask) and/or the user image (or user mask). These operations may be performed by the Product size estimation process 8A and the Estimate product shape on the user according to user figure and fabric type process 8B. … thereby creating a more-realistic combined image” [0150] – “the composite anchor image is caused to be displayed. …on a user's mobile device or computer. … on an e-commerce webpage, such as the one illustrated in FIG. 38 (e.g., in response to a user activating the “Try It On” button)” [0451]); and
executing a try-on synthesis model that receives as inputs the warped garment image and a cloth-agnostic representation of the human body likeness image to generate a synthesized composite image depicting the consumer wearing comprising the warped selected article of clothing (Kristal: “performs the actual fusion or combining of overlay or insertion or assembly or construction, of the product image and the user image. … receive as its input 30, one or more product images (optionally with points-of-interest locations identifiers) and one or more corresponding product masks … further receive as its input 30, the user image (optionally with points-of-interest locations identifiers) and a corresponding user mask … The Universal Dressing Module 8 may ensure that the product image fits accurately when overlayed over the user image, optionally by resizing the product image (or product mask) and/or the user image (or user mask).” [0149-0150] – “ generating as output such three-dimensional representation or a stereoscopic image of simulated combined user-with-product.” [0119] - “generate a user-image mask that depicts the net contour of the body of the user, while also removing “bloated” areas that appear to be bloated due to the fact that the user is wearing clothes in his own image. … take into account various sizes and shapes of clothes, that the user may be wearing in his or her originally-captured image…estimate the actual non-bloated or non-distorted contour or dimensions of the user (and his or her particular body parts) by analyzing one or more user image in order to extract volume or depth information” [0135]), and
injecting the synthesized composite image into the product listing page (Kristal: “the composite anchor image is caused to be displayed. …on a user's mobile device or computer. … on an e-commerce webpage, such as the one illustrated in FIG. 38 (e.g., in response to a user activating the “Try It On” button)” [0451] – “The composite anchor image could be displayed within the same webpage that depicts the product or in a separately generated webpage” [0123]).
While Kristal teaches that the product listing page includes a scrollable layout populated with a plurality of retailer stock keeping units as selectable articles of clothing (Kristal: [0449], Figure 38) and injecting the synthesized composite image into the product listing page, it does not specifically teach that the layout is a carousel; that it is populated in real time from the non-transitory memory; and replacing a corresponding carousel image representing the selected article of clothing with the synthesized composite image as a continuous inline update to the layout while browsing the product listing page.
However, Wiesel teaches a computerized method for generating composite user-and-product images (Wiesel: Abstract), including:
that the layout is a carousel that is populated in real time from the non-transitory memory (Wiesel: “in real-time a personalized catalog that is user-specific tailored to a particular user, based on her particular appearance and/or preferences; while relying on the already-existing database of generic images of products,” [0474] – “an implementation of a ribbon GUI element or of a rotatable carousel of products” [0614] – See also “Ribbon” and “spinner” as noted in [0533] & [0538] and fig. 34 – “a rotatable carousel GUI element, or a rotatable gallery of images; such that each one of the images in that carousel or gallery is a composite image of the particular end-user being virtually-dressed with a particular different shirt (or clothing article). Right-side and left-side GUI elements, such as a button marked “>>” and a button marked “<<”, enable the user to cause the carousel to rotate, thereby exposing additional images and hiding one or some of the current images, emulating a side-scroll or a rotating carousel in which only a portion of the carousel is within the current field-of-view of the user.” [0551]); and
replacing a corresponding carousel image representing the selected article of clothing with the synthesized composite image as a continuous inline update to the layout while browsing the product listing page (Wiesel: “FIG. 35, which is a schematic illustration of a carousel-based (or gallery-based) GUI that is generated … At the bottom of the screen there is depicted a rotatable carousel GUI element, or a rotatable gallery of images; such that each one of the images in that carousel or gallery is a composite image of the particular end-user being virtually-dressed with a particular different shirt (or clothing article). … in the top-right area of in FIG. 35 is a “Change Model” button or GUI element, enabling the user to command the system to replace the currently-shown user with another user to be virtually-dressed with the same items of clothes as shown; for example, enabling the user to upload or capture his own self-image (“selfie” photograph), or to select a particular model or celebrity from a bank or pool of images, or to upload an image of another person (e.g., friend, family-member) that the current end-user wishes to envision how these products would appear if virtually-dressed by such other person. Upon such change as commanded by the user, the system generates new composite images of user-and-product, by utilizing the other image as selected or uploaded by the current user, and dynamically updates the display unit to depict the combined user-and-product using that other image which was freshly provided or selected. ” [0551]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Kristal would continue to teach providing, within the product listing page, a layout populated with a plurality of retailer stock keeping units as selectable articles of clothing; and injecting the synthesized composite image into the product listing page, except that now it would also teach that the layout is a carousel that is populated in real time from the non-transitory memory; and replacing a corresponding carousel image representing the selected article of clothing with the synthesized composite image as a continuous inline update to the layout while browsing the product listing page, according to the teachings of Wiesel. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability to make search results more personalized to a user (Wiesel: [0468]).
Regarding Claim 2, Kristal/Wiesel teach the computer-implemented method according to claim 1, wherein the human body likeness image of the consumer is generated by receiving at least one of a photo uploaded by the consumer or a live image stream of the consumer or human via the interactive overlay tool to create a personalized avatar with a likeness to the consumer (Kristal: “a user may capture a single image (or multiple images, or a video clip) of the user by way of a user application or device” [0060] – “the User Handler Module 4 may receive, as an input 22, at least one user image and, optionally, user size information, such as a user height. FIG. 2 illustrates that the User Handler Module 4 may generate, as an output 24, one or more of a user 3D mesh extraction” [0088] – See Figures 40A-E, which illustrate the user image/avatar.).
Regarding Claim 3, Kristal/Wiesel teach the computer-implemented method according to claim 1, wherein the human body likeness image of the consumer is generated by presenting a select-a-model carousel with a plurality of human body models with different body shapes, measurements and physical characteristics to the consumer and receiving a selection of a particular human body model from the consumer and generating a personalized avatar for the consumer, similar in shape and measurement (Wiesel: “Reference is made to FIG. 26, which is a schematic illustration of an interface 2600 generated by the system of the present invention. For example, a website or an “app” or application of a vendor or a retailer may ask the user to “choose your model” from a pre-defined group of images which depict different body types (e.g., tall and short; thin and fat; dark skin and light skin; long hair and short hair; etc.), and/or invite the user to “become a model” by uploading the user's own photograph and/or by capturing now the user's own photograph” [0478] – See Figure 26).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wiesel with Kristal for the reasons identified above with respect to claim 1.
Regarding Claim 4, Kristal/Wiesel teach the computer-implemented method according to claim 1, wherein the interactive overlay tool has a plurality of consumer interface options that the consumer executes via the interactive overlay tool to navigate within the retailer's digital store (Kristal: “an e-commerce website that offers the product for sale. … a user interface element, such as a “Try It On” button, could be incorporated into the webpage to allow users to try on the product using the functionality of the system …Clicking this user interface element may result in a composite anchor image being generated and displayed via a user's web browser to show the product virtually dressed on the user. The composite anchor image could be displayed within the same webpage that depicts the product” [0123] – “enables the subsequent processing of “virtual dressing” to be rapid and efficient” [0139] – See Figure 38, which illustrates a plurality of options for navigation within the retailer’s store.).
Regarding Claim 5, Kristal/Wiesel teach the computer-implemented method according to claim 4, wherein one of the plurality of consumer interface options is a digital closet for the consumer to store a selection of garments that the consumer has viewed via the interactive overlay tool (Kristal: “a user may obtain an emulated or simulated image which shows the user to appear to be wearing, concurrently, two different products that optionally originate from (or are sold by) two different vendors or sources; such as, a shirt made or sold by Vendor A, and a skirt made or sold by Vendor B. … while also keeping true-to-life dimensions or ratios” [0073] – “items that the system estimates that may be of interest to the user, based on his past history of virtual dressing.” [0120] – “The output of the Universal Dressing Module 8 may be provided to the user for display via his or her application or electronic device 110 running a client application 110, and may be further shared or sent by the user to selected recipients, such as via the social networks 112.” [0123]).
Regarding Claim 6, Kristal/Wiesel teach the computer-implemented method according to claim 5, wherein the digital closet is configured to receive item of clothing selections from a plurality of different retailer digital stores (Kristal: “a user may obtain an emulated or simulated image which shows the user to appear to be wearing, concurrently, two different products that optionally originate from (or are sold by) two different vendors or sources; such as, a shirt made or sold by Vendor A, and a skirt made or sold by Vendor B. … while also keeping true-to-life dimensions or ratios” [0073]).
Regarding Claim 7, Kristal/Wiesel teach the computer-implemented method according to claim 4, wherein the consumer adds the selection of items of clothing that the consumer wants to purchase directly from a closet to a retailer's shopping cart (Kristal: “After the dressing process, the user may proceed to purchase … an entire multiple-item attire or assembly of clothes…from multiple different vendors (e.g., online vendors and/or offline vendors), optionally by using a single click mechanism, utilizing a universal digital wallet or payment mechanism” [0077] – “universal digital wallet or payment mechanism may be used in order to enable the user to perform a single checkout process with regard to multiple items that were collected from multiple different vendors. … the transaction may be a redirect transaction that redirects a user to one or more vendor websites (or other e-commerce sites) where the products may be purchased using vendor-specific purchase mechanisms.” [0455] – See Figure 40E: “FIG. 40E additionally shows a single-click user interface element called “Buy This Look,” that may be used to initiate a coordinated transaction for purchasing all of the virtual dressing items shown in the third composite anchor image, namely, the jacket, the pants, and the purse.” [0453]).
Regarding Claim 8, Kristal/Wiesel teach the computer-implemented method according to claim 1, wherein the interactive overlay tool provides a query with an item of clothing data relating to a consumer selection to the non-transitory memory, and the non-transitory memory responds with garment metadata and a try-on image corresponding to the consumer selection (Kristal: “Product Handler Module 6 of the system 2 may receive a product image, such as a clothing article that is worn by a human model. The Product extraction process 6A may perform product segmentation and classification. An equalized volume-metric reflectance map may be generated by the Features and classification process 6B and utilized (e.g., in conjunction with an equalized lighting map), and textual information or meta-data about the product may be obtained” [0137] – “the product image and product data may be stored into a product database 108, that in turn may feed the Universal Dressing Module 8.” [0122]).
Regarding Claim 9, Kristal/Wiesel teach the computer-implemented method according to claim 1, wherein a personalized avatar remains with the consumer as the consumer navigates a plurality of different retailer digital stores on a digital shopping journey (Kristal: “a user may obtain an emulated or simulated image which shows the user to appear to be wearing, concurrently, two different products that optionally originate from (or are sold by) two different vendors or sources; such as, a shirt made or sold by Vendor A, and a skirt made or sold by Vendor B. … while also keeping true-to-life dimensions or ratios” [0073]).
Regarding Claim 10, Kristal/Wiesel teach the computer-implemented method according to claim 1, wherein the interactive overlay tool sits on top of a webpage display from a retailer's digital store (Kristal: “an e-commerce website that offers the product for sale. … a user interface element, such as a “Try It On” button, could be incorporated into the webpage to allow users to try on the product using the functionality of the system …Clicking this user interface element may result in a composite anchor image being generated and displayed via a user's web browser to show the product virtually dressed on the user. The composite anchor image could be displayed within the same webpage that depicts the product” [0123]).
Regarding Claim 11, Kristal/Wiesel teach the computer-implemented method according to claim 1, wherein the generating rapid images executed for display on the electronic device occurs in 1-10 seconds (Wiesel: “the generating of such alternate composite images may be done in real-time or near-real-time (e.g., within 10 or 20 or 40 milliseconds)” [0538]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wiesel with Kristal for the reasons identified above with respect to claim 1.
Regarding Claim 12, Kristal/Wiesel teach the computer-implemented method according to claim 1, wherein a personalized avatar is created by providing the consumer a plurality of measurement criteria, including at least one from a group of a plurality of different body shapes, a plurality of different sizes, a plurality of different heights, a plurality of different skin tones, a plurality of different ethnicities, a plurality of different hair colors, and a plurality of different ages (Kristal: “the user may manually enter his gender, and/or his height, and/or other optional user parameters (e.g., weight; shirt size; pants size; or the like). These optional parameters may further be utilized for enhancing or preparing the user depicted in the anchor image for virtual dressing of clothes or other products” [0061] – “evaluate the simulation combined with manual or external properties regarding the user and/or the product to give a better outcome. For example, the user may be asked to manually enter or provide his or her height and/or weight and/or gender and /or clothes size” [0083]).
Regarding Claim 13, Kristal discloses dynamic e-commerce system for providing an e- commerce digital journey to a consumer, the system comprising: a processor; and a non-transitory memory storing instructions (Kristal: Claim 11, [0456-0457]) that, when executed by the processor, cause the processor to:
generate an e-commerce graphical user interface into a retailer's digital store generating rapid images executed for display within a retailer’s digital store on an electronic device, to facilitate a real-life shopping experience for the consumer that includes styling and layering variations and virtual try-on of articles of clothing at the retailer's digital store, by combining real-time garment images with pre-constructed style images delivered in quick succession from the non-transitory memory, and rendering resulting images within a product listing page of the retailer's digital store (Kristal: “an e-commerce website that offers the product for sale. … a user interface element, such as a “Try It On” button, could be incorporated into the webpage to allow users to try on the product using the functionality of the system …Clicking this user interface element may result in a composite anchor image being generated and displayed via a user's web browser to show the product virtually dressed on the user. The composite anchor image could be displayed within the same webpage that depicts the product” [0123] – “convert a product image into a product mask, and … convert a user's image into a user body mask. … enables the subsequent processing of “virtual dressing” to be rapid and efficient” [0139] – “product images may be image processed by incorporating the image(s) into an anchor image to generate the composite digital anchor image that depicts the …The product images may be appropriately layered at locations where they overlap.” [0065] – “ the product image and product data may be stored into a product database” [0122]);
provide an interactive graphical overlay tool [“try it on” button] on a product listing page of the retailer's digital store, for the consumer to initiate execution of a virtual style function and a purchase function via the interactive graphical overlay tool from the product listing page (Kristal: “a user interface element, such as a “Try It On” button, could be incorporated into the webpage to allow users to try on the product using the functionality of the system … Clicking this user interface element may result in a composite anchor image being generated and displayed via a user's web browser to show the product virtually dressed on the user. ” [0123] – “A user interface element that allows the user to purchase the product is shown to the right of the first composite anchor image.” [0453] – See Figure 38, which depicts the button overlaid over the product listings, and 40B, which depicts the virtual try-on and purchase function);
obtain a human body likeness image [user image] of the consumer (Kristal: “the User Handler Module 4 may receive, as an input 22, at least one user image and, optionally, user size information, such as a user height. FIG. 2 illustrates that the User Handler Module 4 may generate, as an output 24, one or more of a user 3D mesh extraction” [0088] – “a user image may be obtained … The user image is processed, analyzed and improved by the Product Handler Module 6; and may be stored in a user profiles database 114, together with other user data that is obtained or extracted or received. ” [0123]);
provide, within the product listing page, a layout display populated with a plurality of retailer stock keeping units [products for sale] as selectable articles of clothing for viewing by the consumer via the e-commerce graphical user interface, the layout being rendered within the retailer’s digital store (Kristal: “a vendor web server hosting an e-commerce website that offers the product for sale.” [0123] - “FIG. 38 illustrates one example source representing a clothing product vendor's webpage, which may be viewed using a web browser or web application on a computer or, as shown in the inset, on a mobile device. It will be seen that the product images may include the previously discussed “Try It On” user interface element that activates the processing of FIG. 37 and virtually dresses the product on an image of a user.” [0449] – See figure 38);
receive a selection by the consumer of an article of clothing from within the layout in the retailer's digital store together with activation of the interactive graphical overlay tool for the article of clothing (Kristal: “a “Try It On” button, could be incorporated into the webpage to allow users to try on the product using the functionality of the system 2 (see FIG. 38). Clicking this user interface element may result in a composite anchor image being generated and displayed via a user's web browser to show the product virtually dressed on the user. ” [0123] – “the composite anchor image could be displayed on a user's mobile device or computer. It could also be displayed on an e-commerce webpage, such as the one illustrated in FIG. 38 (e.g., in response to a user activating the “Try It On” button). ” [0451] - See Figures 38 and 40A-E);
apply a garment warping model that:
generates body segmentation of the human body likeness image (Kristal: “convert a user's image into a user body mask.” [0139] – “convert an original user image as shown in FIG. 9 into a user mask or template as shown in FIG. 10.” [0134] -- See Figures 9-10) and
deforms, responsive to the activation and based on the body segmentation, an image of the article of clothing selected from the retailer's digital store to conform to the human body likeness image of the consumer in shape and measurement, producing a warped garment image (Kristal: “virtual dressing, by overlaying or inserting or otherwise combining, a two-dimensional image of a product (two-dimensional images of several products), onto a two-dimensional image of a user” [0119] – “ensure that the product image fits accurately when overlayed over the user image, optionally by resizing the product image (or product mask) and/or the user image (or user mask). These operations may be performed by the Product size estimation process 8A and the Estimate product shape on the user according to user figure and fabric type process 8B. … thereby creating a more-realistic combined image” [0150] – “the composite anchor image is caused to be displayed. …on a user's mobile device or computer. … on an e-commerce webpage, such as the one illustrated in FIG. 38 (e.g., in response to a user activating the “Try It On” button)” [0451]); and
apply a try-on synthesis model that receives as inputs the warped garment image and a cloth-agnostic representation of the human body likeness image to generate a synthesized composite image depicting the consumer wearing the warped selected article of clothing on the human body likeness image of the consumer (Kristal: “performs the actual fusion or combining of overlay or insertion or assembly or construction, of the product image and the user image. … receive as its input 30, one or more product images (optionally with points-of-interest locations identifiers) and one or more corresponding product masks … further receive as its input 30, the user image (optionally with points-of-interest locations identifiers) and a corresponding user mask … The Universal Dressing Module 8 may ensure that the product image fits accurately when overlayed over the user image, optionally by resizing the product image (or product mask) and/or the user image (or user mask).” [0149-0150] – “ generating as output such three-dimensional representation or a stereoscopic image of simulated combined user-with-product.” [0119] - “generate a user-image mask that depicts the net contour of the body of the user, while also removing “bloated” areas that appear to be bloated due to the fact that the user is wearing clothes in his own image. … take into account various sizes and shapes of clothes, that the user may be wearing in his or her originally-captured image…estimate the actual non-bloated or non-distorted contour or dimensions of the user (and his or her particular body parts) by analyzing one or more user image in order to extract volume or depth information” [0135]), and
inject the synthesized composite image into the product listing page (Kristal: “the composite anchor image is caused to be displayed. …on a user's mobile device or computer. … on an e-commerce webpage, such as the one illustrated in FIG. 38 (e.g., in response to a user activating the “Try It On” button)” [0451] – “The composite anchor image could be displayed within the same webpage that depicts the product or in a separately generated webpage” [0123]).
While Kristal teaches that the product listing page includes a scrollable layout populated with a plurality of retailer stock keeping units as selectable articles of clothing (Kristal: [0449], Figure 38), and injecting the synthesized composite image into the product listing page, it does not specifically teach that the layout is a carousel that is populated in real time from the non-transitory memory; and the synthesized image replaces a corresponding carousel image representing the selected article of clothing as a continuous inline update to the carousel while browsing the product listing page
However, Wiesel teaches a computerized method for generating composite user-and-product images (Wiesel: Abstract), including that:
the layout is a carousel that is populated in real time from the non-transitory memory (Wiesel: “in real-time a personalized catalog that is user-specific tailored to a particular user, based on her particular appearance and/or preferences; while relying on the already-existing database of generic images of products,” [0474] – “an implementation of a ribbon GUI element or of a rotatable carousel of products” [0614] – See also “Ribbon” and “spinner” as noted in [0533] & [0538] and fig. 34 – “a rotatable carousel GUI element, or a rotatable gallery of images; such that each one of the images in that carousel or gallery is a composite image of the particular end-user being virtually-dressed with a particular different shirt (or clothing article). Right-side and left-side GUI elements, such as a button marked “>>” and a button marked “<<”, enable the user to cause the carousel to rotate, thereby exposing additional images and hiding one or some of the current images, emulating a side-scroll or a rotating carousel in which only a portion of the carousel is within the current field-of-view of the user.” [0551]); and
the synthesized image replaces a corresponding carousel image representing the selected article of clothing as a continuous inline update to the carousel while browsing the product listing page (Wiesel: “FIG. 35, which is a schematic illustration of a carousel-based (or gallery-based) GUI that is generated … At the bottom of the screen there is depicted a rotatable carousel GUI element, or a rotatable gallery of images; such that each one of the images in that carousel or gallery is a composite image of the particular end-user being virtually-dressed with a particular different shirt (or clothing article). … in the top-right area of in FIG. 35 is a “Change Model” button or GUI element, enabling the user to command the system to replace the currently-shown user with another user to be virtually-dressed with the same items of clothes as shown; for example, enabling the user to upload or capture his own self-image (“selfie” photograph), or to select a particular model or celebrity from a bank or pool of images, or to upload an image of another person (e.g., friend, family-member) that the current end-user wishes to envision how these products would appear if virtually-dressed by such other person. Upon such change as commanded by the user, the system generates new composite images of user-and-product, by utilizing the other image as selected or uploaded by the current user, and dynamically updates the display unit to depict the combined user-and-product using that other image which was freshly provided or selected. ” [0551]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Kristal would continue to teach providing, within the product listing page, a layout populated with a plurality of retailer stock keeping units as selectable articles of clothing; and injecting the synthesized composite image into the product listing page, except that now it would also teach that the layout is a carousel that is populated in real time from the non-transitory memory, and that the synthesized image replaces a corresponding carousel image representing the selected article of clothing as a continuous inline update to the carousel while browsing the product listing page, according to the teachings of Wiesel. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability to make search results more personalized to a user (Wiesel: [0468]).
Regarding Claim 14, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein the human body likeness image of the consumer is generated by receiving a photo of the consumer via the interactive graphical overlay tool to create a personalized avatar (Kristal: “a user may capture a single image (or multiple images, or a video clip) of the user by way of a user application or device” [0060] – “the User Handler Module 4 may receive, as an input 22, at least one user image and, optionally, user size information, such as a user height. FIG. 2 illustrates that the User Handler Module 4 may generate, as an output 24, one or more of a user 3D mesh extraction” [0088] – See Figures 40A-E, which illustrate the user image/avatar.).
Regarding Claim 15, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein the human body likeness image of the consumer is generated by presenting a plurality of human body models to the consumer and receiving a selection of a particular human body model from the consumer and generating a personalized avatar for the consumer, similar in shape and measurement (Wiesel: “Reference is made to FIG. 26, which is a schematic illustration of an interface 2600 generated by the system of the present invention. For example, a website or an “app” or application of a vendor or a retailer may ask the user to “choose your model” from a pre-defined group of images which depict different body types (e.g., tall and short; thin and fat; dark skin and light skin; long hair and short hair; etc.), and/or invite the user to “become a model” by uploading the user's own photograph and/or by capturing now the user's own photograph” [0478] – See Figure 26).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wiesel with Kristal for the reasons identified above with respect to claim 13.
Regarding Claim 16, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein the interactive graphical overlay tool has a plurality of user interface options that the consumer executes via the interactive graphical overlay tool to navigate the retailer's digital store (Kristal: “an e-commerce website that offers the product for sale. … a user interface element, such as a “Try It On” button, could be incorporated into the webpage to allow users to try on the product using the functionality of the system …Clicking this user interface element may result in a composite anchor image being generated and displayed via a user's web browser to show the product virtually dressed on the user. The composite anchor image could be displayed within the same webpage that depicts the product” [0123] – “enables the subsequent processing of “virtual dressing” to be rapid and efficient” [0139] – See Figure 38, which illustrates a plurality of options for navigation within the retailer’s store).
Regarding Claim 17, Kristal/Wiesel teach the dynamic e-commerce system according to claim 16, wherein one of the user interface options is a digital closet for the consumer to store a selection of garments that the consumer has viewed via the interactive graphical overlay tool (Kristal: “a user may obtain an emulated or simulated image which shows the user to appear to be wearing, concurrently, two different products that optionally originate from (or are sold by) two different vendors or sources; such as, a shirt made or sold by Vendor A, and a skirt made or sold by Vendor B. … while also keeping true-to-life dimensions or ratios” [0073] – “items that the system estimates that may be of interest to the user, based on his past history of virtual dressing.” [0120] – “The output of the Universal Dressing Module 8 may be provided to the user for display via his or her application or electronic device 110 running a client application 110, and may be further shared or sent by the user to selected recipients, such as via the social networks 112.” [0123]).
Regarding Claim 18, Kristal/Wiesel teach the dynamic e-commerce system according to claim 17, wherein the digital closet for the consumer is configured to receive garment selections from a plurality of different retailer digital stores (Kristal: “a user may obtain an emulated or simulated image which shows the user to appear to be wearing, concurrently, two different products that optionally originate from (or are sold by) two different vendors or sources; such as, a shirt made or sold by Vendor A, and a skirt made or sold by Vendor B. … while also keeping true-to-life dimensions or ratios” [0073]).
Regarding Claim 19, Kristal/Wiesel teach the dynamic e-commerce system according to claim 16, wherein the consumer can add the selection of garments the consumer wants to purchase directly from a closet to a retailer's shopping cart (Kristal: “After the dressing process, the user may proceed to purchase … an entire multiple-item attire or assembly of clothes…from multiple different vendors (e.g., online vendors and/or offline vendors), optionally by using a single click mechanism, utilizing a universal digital wallet or payment mechanism” [0077] – “universal digital wallet or payment mechanism may be used in order to enable the user to perform a single checkout process with regard to multiple items that were collected from multiple different vendors. … the transaction may be a redirect transaction that redirects a user to one or more vendor websites (or other e-commerce sites) where the products may be purchased using vendor-specific purchase mechanisms.” [0455] – See Figure 40E: “FIG. 40E additionally shows a single-click user interface element called “Buy This Look,” that may be used to initiate a coordinated transaction for purchasing all of the virtual dressing items shown in the third composite anchor image, namely, the jacket, the pants, and the purse.” [0453]).
Regarding Claim 20, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein the interactive graphical overlay tool provides a query with garment data responsive to a consumer selection of garment to the non-transitory memory, and the non-transitory memory responds with garment metadata and a try-on image corresponding to the consumer selection (Kristal: “Product Handler Module 6 of the system 2 may receive a product image, such as a clothing article that is worn by a human model. The Product extraction process 6A may perform product segmentation and classification. An equalized volume-metric reflectance map may be generated by the Features and classification process 6B and utilized (e.g., in conjunction with an equalized lighting map), and textual information or meta-data about the product may be obtained” [0137] – “the product image and product data may be stored into a product database 108, that in turn may feed the Universal Dressing Module 8.” [0122]).
Regarding Claim 21, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein a personalized avatar remains with the consumer as the consumer navigates a plurality of different retailer digital stores (Kristal: “a user may obtain an emulated or simulated image which shows the user to appear to be wearing, concurrently, two different products that optionally originate from (or are sold by) two different vendors or sources; such as, a shirt made or sold by Vendor A, and a skirt made or sold by Vendor B. … while also keeping true-to-life dimensions or ratios” [0073]).
Regarding Claim 22, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein the interactive graphical overlay tool sits on top of a webpage display from a retailer's digital store (Kristal: “an e-commerce website that offers the product for sale. … a user interface element, such as a “Try It On” button, could be incorporated into the webpage to allow users to try on the product using the functionality of the system …Clicking this user interface element may result in a composite anchor image being generated and displayed via a user's web browser to show the product virtually dressed on the user. The composite anchor image could be displayed within the same webpage that depicts the product” [0123]).
Regarding Claim 23, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein the rapid generation of images occurs in 1-10 seconds (Wiesel: “the generating of such alternate composite images may be done in real-time or near-real-time (e.g., within 10 or 20 or 40 milliseconds)” [0538]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wiesel with Kristal for the reasons identified above with respect to claim 13.
Regarding Claim 24, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein a personalized avatar is created by providing the consumer a plurality of measurement criteria, including at least one from a group of a plurality of different body shapes, a plurality of different sizes, a plurality of different heights, a plurality of different skin tones, a plurality of different ethnicities, a plurality of different hair colors, and a plurality of different ages (Kristal: “the user may manually enter his gender, and/or his height, and/or other optional user parameters (e.g., weight; shirt size; pants size; or the like). These optional parameters may further be utilized for enhancing or preparing the user depicted in the anchor image for virtual dressing of clothes or other products” [0061] – “evaluate the simulation combined with manual or external properties regarding the user and/or the product to give a better outcome. For example, the user may be asked to manually enter or provide his or her height and/or weight and/or gender and /or clothes size” [0083]).
Regarding Claim 25, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein a personalized avatar is modified by selecting different image data (Kristal: “FIG. 40B depicts a first composite anchor image (on the left side of the display) following virtual dressing of the same user in a jacket. …FIG. 40D depicts a second composite anchor image (on the left side of the display) with the same user shown in FIGS. 40A-40C, but dressed in not only the jacket of FIGS. 40B-40C but also a pair of pants. To the right of the second composite anchor image is vendor information about the pants that were selected” [0453]).
Regarding Claim 26, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein the rapid generation of images is transmitted in quick succession (Kristal: “The product mask and the user mask may correspond to one another. … Such conversions may be performed in advance for each new user and stored …This enables the subsequent processing of “virtual dressing” to be rapid and efficient, and to build-upon previously-prepared masks/templates of the product and of the user.” [0139] – See Also Figures 40A-E).
Regarding Claim 27, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein a digital closet permits garments to be deleted and added by the consumer (Kristal: “virtually try-on countless products sold online and/or sold offline, and to see different looks of such products (e.g., clothes, accessories, or the like) shown in a realistic manner on the user's own image” [0076] – “A user may use the Universal Dressing Module 6 to create different looks” [0085]).
Regarding Claim 28, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein a digital closet facilitates recommendations by a retailer's recommendation engine (Kristal: “ For each product, Universal Dressing Module 8 may estimate the recommended size for the user and change the simulation accordingly. This module may evaluate the simulation combined with manual or external properties regarding the user and/or the product to give a better outcome.” [0083]).
Regarding Claim 29, Kristal/Wiesel teach the dynamic e-commerce system according to claim 13, wherein a consumer can exit and return via the interactive graphical overlay tool (Kristal: “the composite anchor image is caused to be displayed. …on a user's mobile device or computer. … on an e-commerce webpage, such as the one illustrated in FIG. 38 (e.g., in response to a user activating the “Try It On” button)” [0451] – “the transaction may be a redirect transaction that redirects a user to one or more vendor websites (or other e-commerce sites) where the products may be purchased using vendor-specific purchase mechanisms.” [0455] – See also Figures 37 and 40A-E).
Regarding Claim 30, Kristal/Wiesel teach the dynamic e-commerce system according claim 13, wherein the interactive graphical overlay too includes a combination of styling, virtual try-on, a digital closet, a personalized consumer profile, a mirror feature, and a stylist approval or rejection input (Kristal: “virtual dressing, by overlaying or inserting or otherwise combining, a two-dimensional image of a product (two-dimensional images of several products), onto a two-dimensional image of a user” [0119] – “the composite anchor image is caused to be displayed. …on a user's mobile device or computer. … on an e-commerce webpage, such as the one illustrated in FIG. 38 (e.g., in response to a user activating the “Try It On” button)” [0451] – “FIG. 40E additionally shows a single-click user interface element called “Buy This Look,” that may be used to initiate a coordinated transaction for purchasing all of the virtual dressing items shown in the third composite anchor image, namely, the jacket, the pants, and the purse.” [0453] – “The user image is processed, analyzed and improved by the Product Handler Module 6; and may be stored in a user profiles database ” [0123]).
Response to Arguments
Applicant's arguments filed 3/18/2026 have been fully considered but they are not persuasive.
Claim Rejection – 35 USC §103
Applicant argues that Kristal “does not teach a model that performs explicitly body segmentation of a 2D human body likeness image and deforms a garment image so that it conforms in both shape and measurement as a learned transformation.” Applicant argues that Wiesel “does not disclose any warping model, let alone one that generates a body segmentation and deforms garments to conform to user shape and measurement.” Applicant also reference to a reference they call “VITON,” saying that such a reference “underscores the technical gap,” and states that “Examiner’s reliance on VITON confirms that Kristal/Wiesel do not themselves teach a segmentation-driven warping model that conforms the garment to body shape and measurement in the claimed fashion.” Applicant argues that “incorporating such a pipeline…would entail importing a sophisticated research-grade architecture into Kristal without any teach, suggestion, or motivation in Kristal or Wiesel to do so.”
Examiner disagrees, and notes that the claims recite no “learned transformation.” Furthermore, no Office Action for this Application has ever relied upon a reference called VITON. Applicant appears to be referring to Reference U (Han et al), which is mentioned in the conclusion as pertinent prior art that is “made of record and not relied upon;” this reference has no bearing on the rejections herein. With reference to the rejection above, Kristal teaches converting an image of a user into a body mask [0139] or user mask [0134]. As illustrated in Figures 9-10, this includes segmenting the user’s body off from the background. The creation/segmentation of this body mask is detailed in [0131-0136], where a “net” of the body’s outline is created, and segments/body parts are identified and positioned. Based on this mask, an image of a product is resized to fit accurately over the image mask [0150]. The warping is detailed significantly in paragraphs [0150-0153], where a number of effects are applied to adjust the shape and size of the garment to realistically fit over the user’s body mask. While the claims do not recite a structure comprising a “research-grade architecture,” Kristal does teach the recited elements of the warping model.
Applicant further argues that “Kristal does not describe a distinct synthesis model that takes as explicit inputs a warped garment image and a cloth-agnostic representation of the person, as separate data streams, and learns how to combine them,” and that Wiesel does not cure this deficiency.
Examiner disagrees. With reference to the rejection above, Kristal teaches performing a combining of a warped product image with a user mask to fit accurately to the captured proportions of the user [0149-0150], including that the user mask is modified to remove areas that refer to clothing, such that the body model represents the real dimension of the user “non-distorted” by clothes [0135]. The module that specifically performs synthesis of product and user images/masks “receives as its input” the product masks, and “further receives as its input” the user mask [0149-0150]. The claim does not discuss “separate data streams” or learning operations, as argued.
Applicant makes further reference to an NPL unrelated to the rejections at hand, referring to “the Office Action’s detailed quotations from VITON.” Applicant argues that “VITON is non-analogous art from academic image synthesis…, lacking motivation for integration into Kristal’s overlay system,” and states that “combining VITON requires hindsight reconstruction of the claimed two-stage pipeline.”
Examiner respectfully reminds Application that VITON has never been relied upon in any Office Action related to this Application. No “detailed quotations” from such a reference have ever been made of record. Applicant is invited to contact Examiner with any unresolved concerns about this matter.
Applicant further argues that Kristal “does not disclose inline replacement of a particular SKU image within a constrained carousel element as the product-browsing layout,” and that “Wiesel does not teach using that carousel on an existing merchant’s product listing page, nor injecting synthesized try-on composites into individual carousel cells by replacing the SKU image inline during the same session.”
Examiner disagrees. With reference to the rejection above, Wiesel teaches an interactive, rotatable carousel of product images [0474, 0614]. The user can provide input to select items within the carousel display [0551]. In response to user interaction with the selected configuration of the carousel, a new model, such as an image of the user, can be selected. In response, the system “generates new composite images of user-and-product” and “dynamically updates the display” to depict new images with the newly selected user model, such as an image of the user themselves. [0551]. As illustrated in Figure 35, these carousel images, pre- and post-update, are inline with the carousel architecture and allow for the user to browse and select. In other words, Wiesel teaches an interactive carousel on a merchant page, displaying items for sale, and dynamically injects synthesized images of the user wearing the garments into their respective cells on the carousel based on user selection.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Kristal would continue to teach providing, within the product listing page, a layout populated with a plurality of retailer stock keeping units as selectable articles of clothing; and injecting the synthesized composite image into the product listing page, except that now it would also teach that the layout is a carousel that is populated in real time from the non-transitory memory; and replacing a corresponding carousel image representing the selected article of clothing with the synthesized composite image as a continuous inline update to the layout while browsing the product listing page, according to the teachings of Wiesel. This is a predictable result of the combination. In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability to make search results more personalized to a user (Wiesel: [0468]).
In particular, as addressed in the response and rejection above, Kristal teaches the argued ability to warp a garment model to fit over a model of a user’s body, and to combine the two to create a synthesized image, wherein the user’s body model has been filtered to remove reference to cloth to capture their actual body shape/measurements, with Wiesel further teaching that the layout for displaying the selectable garments can be a carousel, and that this carousel can be dynamically updated, in-line, with newly generated composite images of the user wearing the respective garments.
In addition, Examiner notes that the claims do not recite “a two-stage ML pipeline,” with no claimed reference to machine-learning. Applicant’s concern about “the Examiner’s reliance on VITON to fill in the warping/synthesis details” is noted & Applicant is referred to the response above about Applicant’s concern over this alleged reference that is not relied upon in any Office Action.
Applicant argues that “the amendments do not merely add ‘more of the same’ try-on functionality,” and that the argued “integration addresses concrete technical constraints, such as, latency, UI continuity, and preservation of scroll/navigation context, which the prior art does not recognize, much less solve in the same manner.”
Examiner disagrees. To the extent that the argued “technical constraints” are implied, but not explicitly recited, in the claims above, the combination of Kristal and Wiener teach the functionality of the claims, including maintaining the same UI page by updating an existing carousel with new images, and providing accurate try-on functionality by removing shapes of clothes from a body model of the user to more accurately capture their form. As discussed in the rejection above and in the response to arguments about recited limitations of the claims, the combination of Kristal and Wiener teach the invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Faribault et al (US 20110078055 A1) teaches systems for virtual garment try-on, including the ability to scroll through a carousel of garment options, and to select a default or pre-made avatar/body model to view the garments on.
Lin (US 20200402147 A1) teaches virtual garment try-on systems, which display various items on spinning carousels for selection.
Haaramo et al (US 20140010449 A1) teaches virtual garment systems that render an avatar wearing selected garments, including the use of default models and incorporation of user images.
Isaacson et al (US 20190007381 A1) teaches virtual shopping systems, including a container/cart of items that exists across multiple stores to facilitate checkout at each specific store, and a virtual body model to try-on products from each retailer.
References U-W (NPL – see attached) discuss virtual try-on systems, including multiple items and online-shopping applications.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS J SULLIVAN whose telephone number is (571)272-9736. The examiner can normally be reached Mon - Fri 8-5 PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marissa Thein can be reached on (571) 272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.J.S./
Examiner, Art Unit 3689
/MARISSA THEIN/Supervisory Patent Examiner, Art Unit 3689
Prosecution Insights