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 .
Status of Claims
This action is in reply to the communications filed on 6/23/2025.
Claims 1-20 are currently pending and have been examined.
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/23/2025 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS)s submitted on 9/11/2025, 9/11/2025, 11/6/2025, 2/26/2026, 4/21/2026 are being considered by the examiner.
Claim Objections
Claim 4 is objected to because of the following informalities: Claim 4 does not end in a period. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,373,870. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are anticipated by the claims of U.S. Patent No. 12,373,870.
Instant application and Patent No. 12,373,870 claim the same invention as follows:
Instant Application
Patent No. 12,373,870
1. A shopping assistant system comprising:
a shopping assistant device configured to generate a 3D user shopping profile of a user based on automatically obtaining a capture of at least a part of a user's body using a 3D scanner on an imaging module attached to or integrated with the shopping assistant device;
a shopping assistant server configured to perform a matchmaking of the 3D user shopping profile to a plurality of products in a shopping assistant database; and
a mobile device including a mobile device application configured to apply the 3D user shopping profile,
wherein the mobile device application is configured to receive a user selection of one or more products from the plurality of products in the shopping assistant database and
to provide an interface with a determined fit of the one or more products based on the 3D user shopping profile.
1. A shopping assistant system for shopping using a shopping profile, comprising:
a shopping assistant device configured to generate a 3D user shopping profile of a user based on automatically obtaining a capture of at least a part of a user's body using a 3D scanner on an imaging module attached to or integrated with the shopping assistant device,
wherein the 3D scanner is configured to scan the part of the user's body and wherein the 3D user shopping profile includes at least one: of user physical properties, user behavior data, and user preference data;
a mobile device including a mobile device application configured to apply the 3D user shopping profile; and
a shopping assistant server connected to a shopping assistant database, based in a communications cloud, wherein the shopping assistant server is configured to
perform a matchmaking of the 3D user shopping profile to a plurality of products in a virtual shopping assistant database,
wherein the mobile device application is configured to receive a user selection of one or more products from the plurality of products in the virtual shopping assistant database and
to provide an interface with a determined fit of the 3D user shopping profile on the one or more products based on the 3D user shopping profile.
2. The shopping assistant system of claim 1, wherein the mobile device application is further configured generate an avatar based on the 3D user shopping profile and to provide a graphic simulation of the one or more products on the avatar.
2. The shopping assistant system of claim 1, wherein the mobile device application is further configured generate an avatar based on the 3D user shopping profile and to provide a graphic simulation of the one or more products on the avatar.
3. The shopping assistant system of claim 1, wherein the shopping assistant server is further configured to train a machine learning model to match one or more products with the 3D user shopping profile based on one or more of: advanced product data and advanced user data, wherein the advanced product data includes one or more of purchasing options, inventory status, product qualities, product features, reviews, and available sizes, wherein the advanced user data includes one or more of: user preferences, user history, and user profile updates.
3. The shopping assistant system of claim 1, wherein the shopping assistant server is further configured to match one or more products with the 3D user shopping profile based on one or more of: advanced product data and advanced user data, wherein the advanced product data includes one or more of purchasing options, inventory status, product qualities, product features, reviews, and available sizes, wherein the advanced user data includes one or more of: user preferences, user history, and user profile updates.
4. The shopping assistant system of claim 1, wherein the mobile device is configured to scan a product tag associated with a product and, wherein the mobile device application is configured to display a product associated with the product tag on the 3D user shopping profile
4. The shopping assistant system of claim 1, wherein the mobile device is configured to scan a product tag associated with a product and, wherein the mobile device application is configured to display a product associated with the product tag is configured to be scanned by the user.
5. The shopping assistant system of claim 1, wherein the 3D scanner includes one or more image scanners configured to capture at least a part of a body that relates to an anatomical profile of the user, to allow capture of length, breadth, and depth of the part of the body.
5. The shopping assistant system of claim 1, wherein the shopping assistant device includes one or more image scanners configured to capture at least a part of a body that relates to an anatomical profile of the user, to allow capture of length, breadth and depth of the part of the body.
6. The shopping assistant system of claim 1, wherein the shopping assistant device includes a shopping assistant standing surface with one or more markings configured to assist capturing of body part dimensions.
6. The shopping assistant system of claim 1, wherein the shopping assistant device includes a shopping assistant standing surface with one or more markings configured to assist capturing of body part dimensions.
7. The shopping assistant system of claim 1, wherein the shopping assistant device includes a shopping assistant standing surface with one or more markings 3D elements configured to assist positioning of a body part to be scanned.
7. The shopping assistant system of claim 1, wherein the shopping assistant device includes a shopping assistant standing surface with one or more markings 3D elements configured to assist positioning of a body part to be scanned.
8. The shopping assistant system of claim 1, wherein the shopping assistant device includes a shopping assistant standing surface with one or more pressure sensors configured to capture a depth of at least a part of a body that relates to an anatomical profile of the user.
8. The shopping assistant system of claim 1, wherein the shopping assistant device includes a shopping assistant standing surface with one or more pressure sensors configured to capture a depth of at least a part of a body that relates to an anatomical profile of the user.
9. The shopping assistant system of claim 1, wherein the 3D scanner includes one or more light sources configured to capture a depth of at least a part of a body that relates to an anatomical profile of the user.
9. The shopping assistant system of claim 1, further comprising an apparatus supporting one or more light sources configured to capture a depth of at least a part of a body that relates to an anatomical profile of the user.
10. A method comprising:
automatically obtaining, by a shopping assistant device, a capture of at least a part of a body of a user using a 3D scanner on an imaging module attached to or integrated with the shopping assistant device;
generating, by the shopping assistant device, a 3D user shopping profile of the user based on the capture of the at least a part of the body;
sending the 3D user shopping profile to a mobile device, wherein the mobile device includes a mobile device application configured to apply the 3D user shopping profile in a shopping assistant application;
receiving a user product selection of one or more products in a virtual shopping assistant database, wherein the one or more products is identified based on matching the 3D user shopping profile to a plurality of products in the virtual shopping assistant database; and
providing via the mobile device an interface with a determined fit of the 3D user shopping profile on the selected product.
10. A method for virtual shopping enhancement, comprising: a shopping assistant device automatically obtaining a capture of at least a part of a body of a user using a 3D scanner on an imaging module attached to or integrated with the shopping assistant device, wherein the 3D scanner is configured to scan the part of the body of the user;
the shopping assistant device generating a 3D user shopping profile of the user based on the capture of the at least a part of the body, wherein the 3D user shopping profile includes at least one: of user physical properties, user behavior data, and user preference data;
the shopping assistant device sending the 3D user shopping profile to a mobile device, wherein the mobile device includes a mobile device application configured to apply the 3D user shopping profile in a shopping assistant application;
the mobile device receiving a selected product based on the user selecting a product from one or more products in a virtual shopping assistant database, wherein the one or more products is identified based on matching the 3D user shopping profile to a plurality of products in the virtual shopping assistant database; and
the mobile device providing the user with shopping assistance for the selected product by providing an interface with a determined fit of the 3D user shopping profile on the selected product.
11. The method of claim 10, further comprising receiving on order from the mobile device for the selected product.
11. The method of claim 10, further comprising the mobile device ordering the selected product.
12. The method of claim 10, further comprising receiving an instruction from the mobile device to customize the selected product.
12. The method of claim 10, further comprising the mobile device customizing the selected product.
13. The method of claim 10 further comprising training a machine learning model to match one or more products with the 3D user shopping profile based on one or more of: advanced product data and advanced user data.
13. The method of claim 10 further comprising the mobile device ordering a customized product.
14. The method of claim 10, further comprising providing inventory information for the selected product.
14. The method of claim 10, further comprising the shopping assistant device providing inventory information for the selected product.
15. The method of claim 10, further comprising displaying the selected product fitted to a user shopping profile avatar associated with the 3D user shopping profile.
15. The method of claim 10, further comprising the mobile device fitting the selected product on a user shopping profile avatar associated with the 3D user shopping profile.
16. The method of claim 10, further comprising sending a fitted user profile avatar associated with the 3D user shopping profile to a social media system to which the user is connected.
16. The method of claim 10, further comprising the shopping assistant device sending a fitted user profile avatar associated with the 3D user shopping profile to a social media system to which the user is connected.
17. The method of claim 10, further comprising training a machine learning model to provide product recommendations based on at least one of the 3D user shopping profile or a user shopping behavior.
17. The method of claim 10, further comprising the mobile device providing shopping recommendations based on at least one of the 3D user shopping profile or a user shopping behavior.
18. The method of claim 10, further comprising enhancing the 3D user shopping profile using one or more capturing elements, wherein the one or more capturing elements includes at least one of: a pressure sensor, image sensor, laser, and light sensor.
18. The method of claim 10, further comprising the shopping assistant device enhancing the 3D user shopping profile using one or more capturing elements, wherein the one or more capturing elements includes at least one of: a pressure sensor, image sensor, laser, and light sensor.
19. The method of claim 10, further comprising converting the 3D user shopping profile from an in-store apparatus to the mobile device.
20. The method of claim 10, further comprising the shopping assistant device converting the 3D user shopping profile from an in-store apparatus to the mobile device.
20. A shopping assistant computing platform, comprising:
a 3D scanner on an imaging module attached to or integrated with the shopping assistant computing platform;
at least one processor; and
a communication interface communicatively coupled to the at least one processor; and memory storing computer-readable instructions that, when executed by the at least one processor, cause the shopping assistant computing platform to:
obtain a capture of at least a part of a user's body using the 3D scanner;
generate a 3D user shopping profile of a user based on the capture;
perform a matchmaking of the 3D user shopping profile to a plurality of products in a shopping assistant database;
receive a user selection, from a mobile device, of one or more products from the plurality of products in the shopping assistant database; and
provide an interface with a determined fit of the one or more products based on the 3D user shopping profile.
Claim 1
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories. All the claims are directed to one of the four statutory categories (YES).
Under Step 2A of the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG), it is determined whether the claims are directed to a judicially recognized exception. Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception (YES). Taking Claim 20 as representative, the claim recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
A shopping assistant computing platform, comprising:
a 3D scanner on an imaging module attached to or integrated with the shopping assistant computing platform;
at least one processor; and
a communication interface communicatively coupled to the at least one processor; and memory storing computer-readable instructions that, when executed by the at least one processor, cause the shopping assistant computing platform to:
obtain a capture of at least a part of a user's body using the 3D scanner;
generate a 3D user shopping profile of a user based on the capture;
perform a matchmaking of the 3D user shopping profile to a plurality of products in a shopping assistant database;
receive a user selection, from a mobile device, of one or more products from the plurality of products in the shopping assistant database; and
provide an interface with a determined fit of the one or more products based on the 3D user shopping profile..
Certain methods of organizing human activity include:
fundamental economic principles or practices (including hedging, insurance, and mitigating risk)
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; and business relations)
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
The limitations as emphasized, are a process that, under its broadest reasonable interpretation, covers a commercial interaction. That is, other than reciting that a user interface is generated from the list and products are displayed on the user interface, nothing in the claim element precludes the step from practically being performed by people. For example, but for the “3D scanner, mobile device, and interface” language, “obtain, generate, perform, receive and provide” in the context of this claim encompasses advertising, and marketing or sales activities.
If a claim limitation, under its broadest reasonable interpretation, covers a commercial interaction but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Under Prong 2, it is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. This judicial exception is not integrated into a practical application (NO).
The claim recites additional elements beyond the judicial exception(s), including:
A shopping assistant computing platform, comprising:
a 3D scanner on an imaging module attached to or integrated with the shopping assistant computing platform;
at least one processor; and
a communication interface communicatively coupled to the at least one processor; and memory storing computer-readable instructions that, when executed by the at least one processor, cause the shopping assistant computing platform to:
obtain a capture of at least a part of a user's body using the 3D scanner;
generate a 3D user shopping profile of a user based on the capture;
perform a matchmaking of the 3D user shopping profile to a plurality of products in a shopping assistant database;
receive a user selection, from a mobile device, of one or more products from the plurality of products in the shopping assistant database; and
provide an interface with a determined fit of the one or more products based on the 3D user shopping profile.
These limitations are not indicative of integration into a practical application because:
The additional elements of claim 20 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea.) Specifically, the additional element of a 3D scanner, a mobile device, an interface, is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of connecting to a platform on a network) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. Further, the additional elements to no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). For example, stating that the user shopping profile is 3D, the capture is obtained using a 3D scanner, only generally links the commercial interactions and management of relationships or interactions between people to a computer environment. Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application.
Additionally, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to i) reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, ii) apply the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, iii) effect a transformation or reduction of a particular article to a different state or thing, or iv) apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, the judicial exception is not integrated into a practical application.
Under Step 2B, it is determined whether the claims recite additional elements that amount to significantly more than the judicial exception. The claims of the present application do not include additional elements that are sufficient to amount to significantly more than the judicial exception (NO).
In the case of system claim 20, taken individually or as a whole, the additional elements of claim 20 do not provide an inventive concept. As discussed above under step 2A (prong 2) with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed functions amount to no more than a general link to a technological environment.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Therefore, claim 20 does not provide an inventive concept and does not qualify as eligible subject matter.
Claim 1 is a system reciting similar functions as claim 20, and does not qualify as eligible subject matter for similar reasons. Examiner notes that Claim 1 additionally recites a shopping assistant device, a shopping assistant server, and a mobile device application. The use of these additional elements are recited at a high level of generality, and only generally link the abstract idea to a technological environment (computer networks).
Claim 10 is a method reciting similar functions as claim 20, and does not qualify as eligible subject matter for similar reasons.
Claims 2-9, 11-18 are dependencies of claims 1 and 10. The dependent claims do not add “significantly more” to the abstract idea. They recite additional functions that describe the abstract idea and only generally link the abstract idea to a particular technological environment, including:
wherein the mobile device application is further configured generate an avatar based on the 3D user shopping profile and to provide a graphic simulation of the one or more products on the avatar. (no details are recited regarding how the avatar and graphic simulation are actually generated)
wherein the shopping assistant server is further configured to train a machine learning model to match one or more products with the 3D user shopping profile based on one or more of: advanced product data and advanced user data, wherein the advanced product data includes one or more of purchasing options, inventory status, product qualities, product features, reviews, and available sizes, wherein the advanced user data includes one or more of: user preferences, user history, and user profile updates. (sales activities, only generally links the abstract idea to a technological environment of machine learning, recites no details regarding the training of the model)
wherein the mobile device is configured to scan a product tag associated with a product and, wherein the mobile device application is configured to display a product associated with the product tag on the 3D user shopping profile. (sales activities or behaviors)
wherein the 3D scanner includes one or more image scanners configured to capture at least a part of a body that relates to an anatomical profile of the user, to allow capture of length, breadth, and depth of the part of the body.. (scanners capturing images are general scanner functionality)
wherein the shopping assistant device includes a shopping assistant standing surface with one or more markings configured to assist capturing of body part dimensions. (does not integrate the abstract idea into a practical application)
wherein the shopping assistant device includes a shopping assistant standing surface with one or more markings 3D elements configured to assist positioning of a body part to be scanned. (does not integrate the abstract idea into a practical application)
upon being notified of the acceptance of an order from a merchant's store or advertisement sent and placed in a shopper's personal virtual shopping cart, (receiving and transmitting data over a network) the merchant may engage the referred shoppers directly and provide incentives to try to convert the order into a positive sale. (commercial interactions, advertising, marketing or sales activities or behaviors)
wherein the shopping assistant device includes a shopping assistant standing surface with one or more pressure sensors configured to capture a depth of at least a part of a body that relates to an anatomical profile of the user. (pressure sensors capturing a depth are general pressure sensor functionality, no details regarding how the pressure sensors are an improvement to the technology)
wherein the 3D scanner includes one or more light sources configured to capture a depth of at least a part of a body that relates to an anatomical profile of the user. (no details regarding how the light sensors are an improvement to the technology)
Accordingly, the Examiner concludes that there are no meaningful limitations in the claim that transform the judicial exception into a patent eligible application such that the claim amounts to significantly more than the judicial exception itself. The analysis above applies to all statutory categories of invention.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 10, 12, 14-15, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. US 2014/0108208 A1 to Piana in view of U.S. Patent Application No. US 2017/0083971 A1 to Ray.
Regarding Claim 1, Piana discloses A shopping assistant system comprising:
a shopping assistant device configured to generate a 3D user shopping profile of a user based on automatically obtaining a capture of at least a part of a user's body using a 3D scanner on an imaging module attached to or integrated with the shopping assistant device; ([0015] A key feature of the invention is to have a 3D avatar personalized to each of a plurality of shoppers/consumers/customers. This is accomplished by each shopper going to a facility equipped with a 3D body scanner 10. This can be done with scanners 10 owned by the shopper or scanners 10 owned by a service provider (or a retail outlet, etc.). The scanner 10 produces an avatar/image 12 which is an exact replica of the shopper's shape and body size. This avatar/image 12 could be supplemented with additional information entered by the shopper using an editor, such as shoe-size he or she typically wears, etc. However, the basic concept is to use the avatar/image 12 as the model for the clothing and accessories he or she may later shop for because the avatar/image 12 is precisely produced using a 3D body scanner.)
a mobile device including a mobile device application configured to apply the 3D user shopping profile, wherein the mobile device application is configured to receive a user selection of one or more products from the plurality of products in the shopping assistant database and to provide an interface with a determined fit of the one or more products based on the 3D user shopping profile.. ([0017] Retailers 22 and manufacturers/brand owners 24 provide computerized representations of merchandise which can be displayed on the avatar/image 12 which is displayed at the shopper/consumer's terminal 16 and display 20 (or on a display at a kiosk such as at an airport, hotel, or inside of a retail outlet). The computerized representations provided by the retailer 22 or manufacturer/brand owner 24 are preferably in color, and can preferably show patterns and texture, and are of the style of the actual product or products which may be offered for sale. That is, the computerized representations supplied can be used, in a virtual manner, to dress the 3D avatar/image 12 of the shopper/consumer, and/or the computerized representations are preferably manipulatable, for example, at the server 15 or the terminals 16 of the shoppers/consumers, in order to expand or contract to accommodate the different sizes and shapes of the shoppers/consumers as represented by their personal avatars/images 12 at the individual terminals 16. For example, a coat size could increase or decrease, and a pants size could lengthen or shorten as well as expand or contract, etc. In this way, the consumer can "see" a representation of himself or herself with the products on his or her virtual body, and he or she will know the size of the products, cut, manufacturer, and most or all of the information he or she would otherwise know if he or she were at a store looking at the actual product.)
But does not explicitly disclose a shopping assistant server configured to perform a matchmaking of the 3D user shopping profile to a plurality of products in a shopping assistant database.
Ray, on the other hand, teaches a shopping assistant server configured to perform a matchmaking of the 3D user shopping profile to a plurality of products in a shopping assistant database. ([0084] provide a “Find clothes nearby” functionality. Recommendations may be filtered by brand, colour, price, discount, and/or other parameters. Recommendations may will take into account factors including but not limited to [0085] Previous purchases; [0086] Purchases made by people of similar measurements; and [0087] Purchasing preferences indicated by the user. [0072] These measurements are preferably calculated based on a previous 3D body scan, as described above. In some cases there is functionality to enable manual entry of measurements via the widget (optionally available to non-registered users also). The widget then provides garment sizing information (and/or recommendations), for example in the form of a recommended size, and/or fit, and/or relevant user body measurements. This in some embodiments includes a visual representation displaying how the garment would fit the identified user at predetermined locations (for example a 2D or 3D representation of the user's size/shape relative to the garment's size/shape. The sizing recommendation is calculated based on the garment detail, associated sizing rules, available sizes, and the user's body measurements. )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana, the features, as taught by Ray, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piana, to include the teachings of Ray, in order to deliver app based promotions driven by data derived from 3D body scans (Ray, [0001]).
Regarding Claim 2, Piana in view of Ray teaches the shopping assistant system of claim 1.
Piana discloses wherein the mobile device application is further configured generate an avatar based on the 3D user shopping profile and to provide a graphic simulation of the one or more products on the avatar. ([0015] A key feature of the invention is to have a 3D avatar personalized to each of a plurality of shoppers/consumers/customers. This is accomplished by each shopper going to a facility equipped with a 3D body scanner 10. This can be done with scanners 10 owned by the shopper or scanners 10 owned by a service provider (or a retail outlet, etc.). The scanner 10 produces an avatar/image 12 which is an exact replica of the shopper's shape and body size. This avatar/image 12 could be supplemented with additional information entered by the shopper using an editor, such as shoe-size he or she typically wears, etc. However, the basic concept is to use the avatar/image 12 as the model for the clothing and accessories he or she may later shop for because the avatar/image 12 is precisely produced using a 3D body scanner.)
Regarding Claim 10, Piana discloses A method comprising:
automatically obtaining, by a shopping assistant device, a capture of at least a part of a body of a user using a 3D scanner on an imaging module attached to or integrated with the shopping assistant device; generating, by the shopping assistant device, a 3D user shopping profile of the user based on the capture of the at least a part of the body;; ([0015] A key feature of the invention is to have a 3D avatar personalized to each of a plurality of shoppers/consumers/customers. This is accomplished by each shopper going to a facility equipped with a 3D body scanner 10. This can be done with scanners 10 owned by the shopper or scanners 10 owned by a service provider (or a retail outlet, etc.). The scanner 10 produces an avatar/image 12 which is an exact replica of the shopper's shape and body size. This avatar/image 12 could be supplemented with additional information entered by the shopper using an editor, such as shoe-size he or she typically wears, etc. However, the basic concept is to use the avatar/image 12 as the model for the clothing and accessories he or she may later shop for because the avatar/image 12 is precisely produced using a 3D body scanner.)
sending the 3D user shopping profile to a mobile device, wherein the mobile device includes a mobile device application configured to apply the 3D user shopping profile in a shopping assistant application; receiving a user product selection of one or more products in a virtual shopping assistant database; providing via the mobile device an interface with a determined fit of the 3D user shopping profile on the selected product. ([0017] Retailers 22 and manufacturers/brand owners 24 provide computerized representations of merchandise which can be displayed on the avatar/image 12 which is displayed at the shopper/consumer's terminal 16 and display 20 (or on a display at a kiosk such as at an airport, hotel, or inside of a retail outlet). The computerized representations provided by the retailer 22 or manufacturer/brand owner 24 are preferably in color, and can preferably show patterns and texture, and are of the style of the actual product or products which may be offered for sale. That is, the computerized representations supplied can be used, in a virtual manner, to dress the 3D avatar/image 12 of the shopper/consumer, and/or the computerized representations are preferably manipulatable, for example, at the server 15 or the terminals 16 of the shoppers/consumers, in order to expand or contract to accommodate the different sizes and shapes of the shoppers/consumers as represented by their personal avatars/images 12 at the individual terminals 16. For example, a coat size could increase or decrease, and a pants size could lengthen or shorten as well as expand or contract, etc. In this way, the consumer can "see" a representation of himself or herself with the products on his or her virtual body, and he or she will know the size of the products, cut, manufacturer, and most or all of the information he or she would otherwise know if he or she were at a store looking at the actual product.)
But does not explicitly disclose wherein the one or more products is identified based on matching the 3D user shopping profile to a plurality of products in the virtual shopping assistant database; and
Ray, on the other hand, teaches wherein the one or more products is identified based on matching the 3D user shopping profile to a plurality of products in the virtual shopping assistant database; and ([0084] provide a “Find clothes nearby” functionality. Recommendations may be filtered by brand, colour, price, discount, and/or other parameters. Recommendations may will take into account factors including but not limited to [0085] Previous purchases; [0086] Purchases made by people of similar measurements; and [0087] Purchasing preferences indicated by the user. [0072] These measurements are preferably calculated based on a previous 3D body scan, as described above. In some cases there is functionality to enable manual entry of measurements via the widget (optionally available to non-registered users also). The widget then provides garment sizing information (and/or recommendations), for example in the form of a recommended size, and/or fit, and/or relevant user body measurements. This in some embodiments includes a visual representation displaying how the garment would fit the identified user at predetermined locations (for example a 2D or 3D representation of the user's size/shape relative to the garment's size/shape. The sizing recommendation is calculated based on the garment detail, associated sizing rules, available sizes, and the user's body measurements. )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana, the features, as taught by Ray, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piana, to include the teachings of Ray, in order to deliver app based promotions driven by data derived from 3D body scans (Ray, [0001]).
Regarding Claim 12, Piana in view of Ray teaches the method of claim 10.
Ray teaches receiving an instruction from the mobile device to customize the selected product.. ([0060] maintaining platform-specific information (such as garment sizing data) thereby to allow tailored customisation of data and/or functionality provided via modules 1615.) ([0196] The widget can provide the affiliate/tailoring business with a unique member identifier, allowing them to identify the user and securely request their body measurement data. The member's body measurement data can be supplied to affiliates in real time or at a later stage. Access to the body measurements can be for a limited or indefinite time period. This allows for the tailoring of custom clothing based on a user’s specific sizing needs.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana, the features, as taught by Ray, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piana, to include the teachings of Ray, in order to deliver app based promotions driven by data derived from 3D body scans (Ray, [0001]).
Regarding Claim 14, Piana in view of Ray teaches the method of claim 10.
Ray teaches further comprising providing inventory information for the selected product. ([0084] provide a “Find clothes nearby” functionality. Recommendations may be filtered by brand, colour, price, discount, and/or other parameters. Recommendations may will take into account factors including but not limited to [0085] Previous purchases; [0086] Purchases made by people of similar measurements; and [0087] Purchasing preferences indicated by the user. [0072] These measurements are preferably calculated based on a previous 3D body scan, as described above. In some cases there is functionality to enable manual entry of measurements via the widget (optionally available to non-registered users also). The widget then provides garment sizing information (and/or recommendations), for example in the form of a recommended size, and/or fit, and/or relevant user body measurements. This in some embodiments includes a visual representation displaying how the garment would fit the identified user at predetermined locations (for example a 2D or 3D representation of the user's size/shape relative to the garment's size/shape. The sizing recommendation is calculated based on the garment detail, associated sizing rules, available sizes, and the user's body measurements. )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana, the features, as taught by Ray, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piana, to include the teachings of Ray, in order to deliver app based promotions driven by data derived from 3D body scans (Ray, [0001]).
Regarding Claim 15, Piana in view of Ray teaches the method of claim 10.
Piana discloses displaying the selected product fitted to a user shopping profile avatar associated with the 3D user shopping profile. ([0017] Retailers 22 and manufacturers/brand owners 24 provide computerized representations of merchandise which can be displayed on the avatar/image 12 which is displayed at the shopper/consumer's terminal 16 and display 20 (or on a display at a kiosk such as at an airport, hotel, or inside of a retail outlet). The computerized representations provided by the retailer 22 or manufacturer/brand owner 24 are preferably in color, and can preferably show patterns and texture, and are of the style of the actual product or products which may be offered for sale. That is, the computerized representations supplied can be used, in a virtual manner, to dress the 3D avatar/image 12 of the shopper/consumer, and/or the computerized representations are preferably manipulatable, for example, at the server 15 or the terminals 16 of the shoppers/consumers, in order to expand or contract to accommodate the different sizes and shapes of the shoppers/consumers as represented by their personal avatars/images 12 at the individual terminals 16. For example, a coat size could increase or decrease, and a pants size could lengthen or shorten as well as expand or contract, etc. In this way, the consumer can "see" a representation of himself or herself with the products on his or her virtual body, and he or she will know the size of the products, cut, manufacturer, and most or all of the information he or she would otherwise know if he or she were at a store looking at the actual product.)
Regarding Claim 19, Piana in view of Ray teaches the method of claim 10.
Piana discloses further comprising converting the 3D user shopping profile from an in-store apparatus to the mobile device. ([0017] Retailers 22 and manufacturers/brand owners 24 provide computerized representations of merchandise which can be displayed on the avatar/image 12 which is displayed at the shopper/consumer's terminal 16 and display 20 (or on a display at a kiosk such as at an airport, hotel, or inside of a retail outlet). The computerized representations provided by the retailer 22 or manufacturer/brand owner 24 are preferably in color, and can preferably show patterns and texture, and are of the style of the actual product or products which may be offered for sale. That is, the computerized representations supplied can be used, in a virtual manner, to dress the 3D avatar/image 12 of the shopper/consumer, and/or the computerized representations are preferably manipulatable, for example, at the server 15 or the terminals 16 of the shoppers/consumers, in order to expand or contract to accommodate the different sizes and shapes of the shoppers/consumers as represented by their personal avatars/images 12 at the individual terminals 16. For example, a coat size could increase or decrease, and a pants size could lengthen or shorten as well as expand or contract, etc. In this way, the consumer can "see" a representation of himself or herself with the products on his or her virtual body, and he or she will know the size of the products, cut, manufacturer, and most or all of the information he or she would otherwise know if he or she were at a store looking at the actual product. [0021] the shopper may use their smartphone, computer, PDA or other device (e.g., a kiosk at an airport, shopping mall, etc.) to select products (e.g., denim pants, T-shirts, suits, etc.) and/or brands (e.g., Nike.TM., Armani.TM., Diesel.TM., etc.) of interest. [claim 5] wherein said displaying or causing the display step is performed using a smartphone or tablet.)
Regarding Claim 20, Piana discloses A shopping assistant computing platform, comprising:
a 3D scanner on an imaging module attached to or integrated with the shopping assistant computing platform; at least one processor; and a communication interface communicatively coupled to the at least one processor; and memory storing computer-readable instructions that, when executed by the at least one processor, cause the shopping assistant computing platform to: obtain a capture of at least a part of a user's body using the 3D scanner; generate a 3D user shopping profile of a user based on the capture; ([0015] A key feature of the invention is to have a 3D avatar personalized to each of a plurality of shoppers/consumers/customers. This is accomplished by each shopper going to a facility equipped with a 3D body scanner 10. This can be done with scanners 10 owned by the shopper or scanners 10 owned by a service provider (or a retail outlet, etc.). The scanner 10 produces an avatar/image 12 which is an exact replica of the shopper's shape and body size. This avatar/image 12 could be supplemented with additional information entered by the shopper using an editor, such as shoe-size he or she typically wears, etc. However, the basic concept is to use the avatar/image 12 as the model for the clothing and accessories he or she may later shop for because the avatar/image 12 is precisely produced using a 3D body scanner.)
receive a user selection, from a mobile device, of one or more products from the plurality of products in the shopping assistant database; and provide an interface with a determined fit of the one or more products based on the 3D user shopping profile.. ([0017] Retailers 22 and manufacturers/brand owners 24 provide computerized representations of merchandise which can be displayed on the avatar/image 12 which is displayed at the shopper/consumer's terminal 16 and display 20 (or on a display at a kiosk such as at an airport, hotel, or inside of a retail outlet). The computerized representations provided by the retailer 22 or manufacturer/brand owner 24 are preferably in color, and can preferably show patterns and texture, and are of the style of the actual product or products which may be offered for sale. That is, the computerized representations supplied can be used, in a virtual manner, to dress the 3D avatar/image 12 of the shopper/consumer, and/or the computerized representations are preferably manipulatable, for example, at the server 15 or the terminals 16 of the shoppers/consumers, in order to expand or contract to accommodate the different sizes and shapes of the shoppers/consumers as represented by their personal avatars/images 12 at the individual terminals 16. For example, a coat size could increase or decrease, and a pants size could lengthen or shorten as well as expand or contract, etc. In this way, the consumer can "see" a representation of himself or herself with the products on his or her virtual body, and he or she will know the size of the products, cut, manufacturer, and most or all of the information he or she would otherwise know if he or she were at a store looking at the actual product.)
But does not explicitly disclose perform a matchmaking of the 3D user shopping profile to a plurality of products in a shopping assistant database;
Ray, on the other hand, teaches perform a matchmaking of the 3D user shopping profile to a plurality of products in a shopping assistant database; ([0084] provide a “Find clothes nearby” functionality. Recommendations may be filtered by brand, colour, price, discount, and/or other parameters. Recommendations may will take into account factors including but not limited to [0085] Previous purchases; [0086] Purchases made by people of similar measurements; and [0087] Purchasing preferences indicated by the user. [0072] These measurements are preferably calculated based on a previous 3D body scan, as described above. In some cases there is functionality to enable manual entry of measurements via the widget (optionally available to non-registered users also). The widget then provides garment sizing information (and/or recommendations), for example in the form of a recommended size, and/or fit, and/or relevant user body measurements. This in some embodiments includes a visual representation displaying how the garment would fit the identified user at predetermined locations (for example a 2D or 3D representation of the user's size/shape relative to the garment's size/shape. The sizing recommendation is calculated based on the garment detail, associated sizing rules, available sizes, and the user's body measurements. )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana, the features, as taught by Ray, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piana, to include the teachings of Ray, in order to deliver app based promotions driven by data derived from 3D body scans (Ray, [0001]).
Claims 3, 9, 13, 17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. US 2014/0108208 A1 to Piana in view of U.S. Patent Application No. US 2017/0083971 A1 to Ray in view of U.S. Patent Application No. US 9996981 B1 to Tran.
Regarding Claim 3, Piana in view of Ray teaches the shopping assistant system of claim 1.
Ray teaches wherein the shopping assistant server is further configured to match one or more products with the 3D user shopping profile based on one or more of: advanced product data and advanced user data, wherein the advanced product data includes one or more of purchasing options, inventory status, product qualities, product features, reviews, and available sizes, wherein the advanced user data includes one or more of: user preferences, user history, and user profile updates. ([0084] provide a “Find clothes nearby” functionality. Recommendations may be filtered by brand, colour, price, discount, and/or other parameters. Recommendations may will take into account factors including but not limited to [0085] Previous purchases; [0086] Purchases made by people of similar measurements; and [0087] Purchasing preferences indicated by the user. [0072] These measurements are preferably calculated based on a previous 3D body scan, as described above. In some cases there is functionality to enable manual entry of measurements via the widget (optionally available to non-registered users also). The widget then provides garment sizing information (and/or recommendations), for example in the form of a recommended size, and/or fit, and/or relevant user body measurements. This in some embodiments includes a visual representation displaying how the garment would fit the identified user at predetermined locations (for example a 2D or 3D representation of the user's size/shape relative to the garment's size/shape. The sizing recommendation is calculated based on the garment detail, associated sizing rules, available sizes, and the user's body measurements. )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana, the features, as taught by Ray, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piana, to include the teachings of Ray, in order to deliver app based promotions driven by data derived from 3D body scans (Ray, [0001]).
However the combination of Piana and Ray does not explicitly teach train a machine learning model to match.
Tran, on the other hand, teaches train a machine learning model to match. ([Col 66 Ln 39-45] With the codebook, one embodiment can train a probabilistic learning system such as Hidden Markov Model (HMM) to represent a fashion design as a constrained combination of various esthetic components or sections. [Col 63 Ln 4-21] Identify user's current fashion style. The fashion item can be hair styles, clothing, shoes, bras, dental wear (braces/aligners) Determine matching style sets based on one or matching attributes, current fashion style, fashion experts, or celebrity styles Present matching style sets and get user selection Identify vendor of the user selected style Render a 3D augmented reality imposed over the user 3D model for preview Accept user customization requests and re-render the 3D augmented reality view Send data to the vendor to ship fashion product to the user FIG. 8A shows an exemplary process to provide mass-customized clothing Capture 3D model of clothed body (310) Digitally remove current dress (312) Select new fashion styles from new trends.
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Tran, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Tran, in order to identifying one or more best fitting products (Tran, [Col 1 LN 45-47]).
Regarding Claim 9, Piana in view of Ray teaches the shopping assistant system of claim 1.
However the combination of Piana and Ray does not explicitly teach wherein the 3D scanner includes one or more light sources configured to capture a depth of at least a part of a body that relates to an anatomical profile of the user.
Tran, on the other hand, teaches wherein the 3D scanner includes one or more light sources configured to capture a depth of at least a part of a body that relates to an anatomical profile of the user.. ([Col 1 Ln 10-20] some systems can create an estimate of the depth of a body by simultaneously acquiring images with multiple image capture devices, by using a known and structured light source, by using a laser solution, or some combination thereof. )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Tran, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Tran, in order to identifying one or more best fitting products (Tran, [Col 1 LN 45-47]).
Regarding Claim 13, Piana in view of Ray teaches the method of claim 10.
Ray teaches match one or more products with the 3D user shopping profile based on one or more of: advanced product data and advanced user data.. ([0084] provide a “Find clothes nearby” functionality. Recommendations may be filtered by brand, colour, price, discount, and/or other parameters. Recommendations may will take into account factors including but not limited to [0085] Previous purchases; [0086] Purchases made by people of similar measurements; and [0087] Purchasing preferences indicated by the user. [0072] These measurements are preferably calculated based on a previous 3D body scan, as described above. In some cases there is functionality to enable manual entry of measurements via the widget (optionally available to non-registered users also). The widget then provides garment sizing information (and/or recommendations), for example in the form of a recommended size, and/or fit, and/or relevant user body measurements. This in some embodiments includes a visual representation displaying how the garment would fit the identified user at predetermined locations (for example a 2D or 3D representation of the user's size/shape relative to the garment's size/shape. The sizing recommendation is calculated based on the garment detail, associated sizing rules, available sizes, and the user's body measurements. )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana, the features, as taught by Ray, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piana, to include the teachings of Ray, in order to deliver app based promotions driven by data derived from 3D body scans (Ray, [0001]).
However the combination of Piana and Ray does not explicitly teach train a machine learning model to match.
Tran, on the other hand, teaches train a machine learning model to match. ([Col 66 Ln 39-45] With the codebook, one embodiment can train a probabilistic learning system such as Hidden Markov Model (HMM) to represent a fashion design as a constrained combination of various esthetic components or sections. [Col 63 Ln 4-21] Identify user's current fashion style. The fashion item can be hair styles, clothing, shoes, bras, dental wear (braces/aligners) Determine matching style sets based on one or matching attributes, current fashion style, fashion experts, or celebrity styles Present matching style sets and get user selection Identify vendor of the user selected style Render a 3D augmented reality imposed over the user 3D model for preview Accept user customization requests and re-render the 3D augmented reality view Send data to the vendor to ship fashion product to the user FIG. 8A shows an exemplary process to provide mass-customized clothing Capture 3D model of clothed body (310) Digitally remove current dress (312) Select new fashion styles from new trends.
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Tran, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Tran, in order to identifying one or more best fitting products (Tran, [Col 1 LN 45-47]).
Regarding Claim 17, Piana in view of Ray teaches the method of claim 10.
Ray teaches further comprising provide product recommendations based on at least one of the 3D user shopping profile or a user shopping behavior.. ([0084] provide a “Find clothes nearby” functionality. Recommendations may be filtered by brand, colour, price, discount, and/or other parameters. Recommendations may will take into account factors including but not limited to [0085] Previous purchases; [0086] Purchases made by people of similar measurements; and [0087] Purchasing preferences indicated by the user. [0072] These measurements are preferably calculated based on a previous 3D body scan, as described above. In some cases there is functionality to enable manual entry of measurements via the widget (optionally available to non-registered users also). The widget then provides garment sizing information (and/or recommendations), for example in the form of a recommended size, and/or fit, and/or relevant user body measurements. This in some embodiments includes a visual representation displaying how the garment would fit the identified user at predetermined locations (for example a 2D or 3D representation of the user's size/shape relative to the garment's size/shape. The sizing recommendation is calculated based on the garment detail, associated sizing rules, available sizes, and the user's body measurements. )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana, the features, as taught by Ray, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piana, to include the teachings of Ray, in order to deliver app based promotions driven by data derived from 3D body scans (Ray, [0001]).
However the combination of Piana and Ray does not explicitly teach training a machine learning model to provide.
Tran, on the other hand, teaches training a machine learning model to provide. ([Col 66 Ln 39-45] With the codebook, one embodiment can train a probabilistic learning system such as Hidden Markov Model (HMM) to represent a fashion design as a constrained combination of various esthetic components or sections. [Col 63 Ln 4-21] Identify user's current fashion style. The fashion item can be hair styles, clothing, shoes, bras, dental wear (braces/aligners) Determine matching style sets based on one or matching attributes, current fashion style, fashion experts, or celebrity styles Present matching style sets and get user selection Identify vendor of the user selected style Render a 3D augmented reality imposed over the user 3D model for preview Accept user customization requests and re-render the 3D augmented reality view Send data to the vendor to ship fashion product to the user FIG. 8A shows an exemplary process to provide mass-customized clothing Capture 3D model of clothed body (310) Digitally remove current dress (312) Select new fashion styles from new trends.
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Tran, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Tran, in order to identifying one or more best fitting products (Tran, [Col 1 LN 45-47]).
Claims 4-5, 8, 11, 16, 18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. US 2014/0108208 A1 to Piana in view of U.S. Patent Application No. US 2017/0083971 A1 to Ray in view of U.S. Patent Application No. 2016/0180391 A1 to Zabaneh.
Regarding Claim 4, Piana in view of Ray teaches the shopping assistant system of claim 1.
However the combination of Piana and Ray does not explicitly teach wherein the mobile device is configured to scan a product tag associated with a product and, wherein the mobile device application is configured to display a product associated with the product tag on the 3D user shopping profile.
Zabaneh, on the other hand, teaches wherein the mobile device is configured to scan a product tag associated with a product and, wherein the mobile device application is configured to display a product associated with the product tag on the 3D user shopping profile. ([0094] A user may user a client device to scan in the QR code (product tag) and retrieve digital representations of merchandise from the system and/or merchant server for display on the user device.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Zabaneh, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Zabaneh, in order to digitally presenting merchandise using avatars. (Zabaneh, [0002]).
Regarding Claim 5, Piana in view of Ray teaches the shopping assistant system of claim 1.
However the combination of Piana and Ray does not explicitly teach wherein the 3D scanner includes one or more image scanners configured to capture at least a part of a body that relates to an anatomical profile of the user, to allow capture of length, breadth, and depth of the part of the body.
Zabaneh, on the other hand, teaches wherein the 3D scanner includes one or more image scanners configured to capture at least a part of a body that relates to an anatomical profile of the user, to allow capture of length, breadth, and depth of the part of the body. ([0022] The files be CAD files that may be created by three dimensional (3-D) scanners, body metric scanners, scales, photos, x-ray images, magnetic resonant imager (MRI), computerize cosmography (CT) scanner, and/or the like. [0063] the system may receive a 3-D scan of a person and/or animal from a 3-D scanner as avatar measurements. (3D scanners allow capture of length, breadth and depth of body parts.))
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Zabaneh, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Zabaneh, in order to digitally presenting merchandise using avatars. (Zabaneh, [0002]).
Regarding Claim 8, Piana in view of Ray teaches the shopping assistant system of claim 10.
However the combination of Piana and Ray does not explicitly teach wherein the shopping assistant device includes a shopping assistant standing surface with one or more pressure sensors configured to capture a depth of at least a part of a body that relates to an anatomical profile of the user.
Zabaneh, on the other hand, teaches wherein the shopping assistant device includes a shopping assistant standing surface with one or more pressure sensors configured to capture a depth of at least a part of a body that relates to an anatomical profile of the user. ([0022] The files be CAD files that may be created by three dimensional (3-D) scanners, body metric scanners, scales, photos, x-ray images, magnetic resonant imager (MRI), computerize cosmography (CT) scanner, and/or the like. [0063] the system may receive a 3-D scan of a person and/or animal from a 3-D scanner as avatar measurements.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Zabaneh, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Zabaneh, in order to digitally presenting merchandise using avatars. (Zabaneh, [0002]).
Regarding Claim 11, Piana in view of Ray teaches the method of claim 10.
However the combination of Piana and Ray does not explicitly teach further comprising receiving on order from the mobile device for the selected product.
Zabaneh, on the other hand, teaches further comprising receiving on order from the mobile device for the selected product. ([0099] The user interface may provide the user to choose a method of payment and or enter in credit card information to complete the purchase.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Zabaneh, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Zabaneh, in order to digitally presenting merchandise using avatars. (Zabaneh, [0002]).
Regarding Claim 16, Piana in view of Ray teaches the method of claim 10.
However the combination of Piana and Ray does not explicitly teach sending a fitted user profile avatar associated with the 3D user shopping profile to a social media system to which the user is connected.
Zabaneh, on the other hand, teaches sending a fitted user profile avatar associated with the 3D user shopping profile to a social media system to which the user is connected. ([0034] the system may allow users to share or make their avatars available for use, viewing, and/or the like. In some examples the users may share avatars with individuals within their social network.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Zabaneh, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Zabaneh, in order to digitally presenting merchandise using avatars. (Zabaneh, [0002]).
Regarding Claim 18, Piana in view of Ray teaches the shopping assistant system of claim 10.
However the combination of Piana and Ray does not explicitly teach further comprising enhancing the 3D user shopping profile using one or more capturing elements, wherein the one or more capturing elements includes at least one of: a pressure sensor, image sensor, laser, and light sensor..
Zabaneh, on the other hand, teaches further comprising enhancing the 3D user shopping profile using one or more capturing elements, wherein the one or more capturing elements includes at least one of: a pressure sensor, image sensor, laser, and light sensor. ([0022] The files be CAD files that may be created by three dimensional (3-D) scanners, body metric scanners, scales, photos, x-ray images, magnetic resonant imager (MRI), computerize cosmography (CT) scanner, and/or the like. [0063] the system may receive a 3-D scan of a person and/or animal from a 3-D scanner as avatar measurements.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Zabaneh, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Zabaneh, in order to digitally presenting merchandise using avatars. (Zabaneh, [0002]).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. US 2014/0108208 A1 to Piana in view of U.S. Patent Application No. US 2017/0083971 A1 to Ray in view of U.S. Patent Application No. US 20180033202 A1 to Lam.
Regarding Claim 6, Piana in view of Ray teaches the shopping assistant system of claim 1.
However the combination of Piana and Ray does not explicitly teach wherein the shopping assistant device includes a shopping assistant standing surface with one or more markings configured to assist capturing of body part dimensions.
Lam, on the other hand, teaches wherein the shopping assistant device includes a shopping assistant standing surface with one or more markings configured to assist capturing of body part dimensions. ([0036] The user may then place his/her foot of the AR reference paper 10 (standing surface) on the ground with the aid of a plurality of foot-aligning lines 17 and may take four quality standard photos 40, 42, 44, 46 for each foot by a camera or an image-capturing unit 22 of the mobile device 20, as illustrated in FIG. 3. Fig. 3 shows a displayed image of the standing surface on the mobile device )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Lam, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Lam, in order to digitally presenting merchandise using avatars. (Lam, [0002]).
Regarding Claim 7, Piana in view of Ray teaches the shopping assistant system of claim 1.
However the combination of Piana and Ray does not explicitly teach wherein the shopping assistant device includes a shopping assistant standing surface with one or more markings 3D elements configured to assist positioning of a body part to be scanned..
Lam, on the other hand, teaches wherein the shopping assistant device includes a shopping assistant standing surface with one or more markings 3D elements configured to assist positioning of a body part to be scanned. ([0036] The user may then place his/her foot of the AR reference paper 10 (standing surface) on the ground with the aid of a plurality of foot-aligning lines 17 and may take four quality standard photos 40, 42, 44, 46 for each foot by a camera or an image-capturing unit 22 of the mobile device 20, as illustrated in FIG. 3. Fig. 3 shows a displayed image of the standing surface on the mobile device )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Piana and Ray, the features, as taught by Lam, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Lam, in order to digitally presenting merchandise using avatars. (Lam, [0002]).
Conclusion
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/MICHELLE T KRINGEN/Primary Examiner, Art Unit 3689
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