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enter image description here "Interactive Try-On Platform for Eyeglasses"

This issued patent relates to a method by which a consumer can submit a 3D model of his/her face to generate a visualization of how a pair of eyeglasses may fit.

BASIC PATENT DATA:

  • Patent Number: US 7,016,824
  • Assignee: Geometrix, Inc.
  • Prior Art Cutoff Date: Prior art must predate February 6, 2001

PATENT ABSTRACT:

Techniques and systems that provide interactions between a 3D representation of a selected pair of glasses and a fully-textured 3D face model are disclosed. According to one embodiment, an interactive platform is displayed to allow a user to select a pair of glasses and try the selected glasses on a user-provided 3D face model. The interactions provided in the platform include spatial adjustments of the glasses around the face model, various perspective views of the 3D face with the glasses on and other cosmetic alternations to the selected glasses. According to one application, when the user finishes the try-on process, the information about the glasses can be transmitted to a business that can subsequently produce a pair of customized glasses for the user.

Claim 1: A method for commercializing pairs of eyeglasses over a network, the method comprising:

  • providing an interactive platform that can be displayed on a computing device;
  • requesting a 3D face model from a user to be used in the interactive platform;
  • determining characteristics of the 3D face model with respect to a 3D reference frame;
  • retrieving a 3D representation of a pair of eyeglasses when a request identifying the pair of eyeglasses is received over the network; and
  • placing the 3D representation of the glasses onto a default position with respect to the 3D face model in accordance with the characteristics thereof.

REASON FOR ALLOWANCE: The following is an excerpt of the Examiner's Statement of Reasons for the indication of allowable subject matter.

The instant application is directed to a non-obvious improvement over the invention described in U.S. Patent No. 5,983,201 to Fay, the improvement comprising a method for commercializing pairs of eyeglasses over a network, wherein a 3D face model is requested by a user via an interactive platform, characteristics of a 3D face model are determined with respect to a 3D reference frame, and a 3D representation of a pair of eyeglasses is retrieved and placed onto a default position with respect to the 3D face model.

REPRESENTATIVE PRIOR ART: The following is a list of prior art that we are already aware of (in addition to the prior art identified on the face of this patent under the References Cited):

  1. WO 01/11886 A1
  2. WO 97/29441 A1
  3. US 5,175,806
  4. EP 1 011 006
  5. AU 1 334 097
  6. JP 9-145324
  7. WO 95/04975
  8. US 6,034,698
  9. WO 86/05374
  10. JP 10-283455
  11. KR 2001-0008011
  12. “Automatic construction of 3D human face models based on 2D images”, PROCEEDINGS OF THE INTERNATIONAL CONFERENCE ON IMAGE PROCESSING (ICIP) LAUSANNE, 16-19 September 1996, pp. 467-470.

QUESTION: Have you seen anything (published before February 6, 2001) that describes providing a 3D representation of the glasses onto a default position with respect to the 3D face model in the manner recited in claim 1?

If so, please submit evidence of that prior art as an answer below. Please submit only one piece of prior art per answer below. We welcome multiple prior art proposals from the same individual, but please create separate answers for each one so the community can vet each individual piece of prior art independently.

For details about what makes good prior art, please see our FAQ. Once you have submitted prior art, check back soon to see if the Ask Patents community has chosen your prior art to be submitted to the United States Patent & Trademark Office. If you'd like to contribute in another way, please vote or comment on submissions made below. And we welcome you to post your own request for prior art if you know of another questionable patent or patent application.

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7 Answers 7

How's this?

http://www.google.com/patents/EP1123036A4?cl=en&dq=eyeglasses+face+model+try-on+3d+representation+selected+pair&hl=en&sa=X&ei=y7h6UazLBabq0AGxmYDoBA&ved=0CB8Q6AEwAQ

ABSTRACT
An interactive eyewear selection system comprising a video camera (18), and digitizing system (24) for acquiring a digital image of a person's face, including the temple areas of the face; an eyeglass frame database (16) for storing digital eyeglass frame images; an automated interface for selecting an eyeglass frame image from the frames database, the image containing frame temple portions; a digital processing system (38) for automatically superimposing the selected frame image on the image of the person's face, in a composite image, such that the frame appears to be worn naturally on the person's face, and the frame temple portions are shown at the temple areas of the face; and a display device (26) for displaying the digital image of the person's face, and for displaying the composite image.

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Paper dolls were the original representation of a human + fashion item. Some of them were 3D as well. http://www.opdag.com/History.html

Note that the opdag.com site has copyright dates that precede the critical date of the patent in question.

The reason to combine 3D models such as those from The Sims (published Feb. 2000) with paper dolls would be obvious to anyone in the fashion industry.

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Lands End used a virtual model system from My Virtual Model as early as 1998 (see press coverage). The app let customers try on clothes on a 3D model of themselves.

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I do not think you could view clothes on a 3d model of yourself that you uploaded. –  George White May 9 '13 at 23:11

Levi's had a system in 1999 that created a 3-D model of your body, and then suggested jeans that would fit you.

http://www.wired.com/techbiz/media/news/1999/08/21268

Perhaps, based on your measurements, the system provided a virtual representation to you of how the jeans would fit?

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US 5930769 A

Publication date: Jul 27, 1999

System and method for fashion shopping

ABSTRACT The present invention provides a method of manual fashion shopping and method for electronic fashion shopping by a customer using a programmed computer, CD-ROM, television, Internet or other electronic medium such as video. The method comprises receiving personal information from the customer; selecting a body type and fashion category based on the personal information; selecting fashions from a plurality of clothes items based on the body type and fashion category; outputting a plurality of fashion data based on the selected fashions; and receiving selection information from the customer.

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While claim 2 states: "A method as in claim 1 wherein the personal information includes a digitized image of the customer's face." there is no mention of eyeglasses or fitting to the digitized face. –  Ron J. May 22 '13 at 13:35

The following patent documents might help. There are four of them with their priority dates mentioned. You should consult you patent attorneys to obtain the full text and claims of these patent/patent applications from respective offices.

KR20020014602: (18-08-2000)

Abstract- PURPOSE: An electronic commerce system for glasses through an image is provided to manage information necessary for glasses sale and information on customers in database, and to mix images of three-dimensional glasses using the information, so as to provide a service capable of selecting glasses with reality. CONSTITUTION: If a user is connected, whether the user is registered as a member is checked from member information management data(S102). If registered, a pre-registered face of the user is displayed in three-dimensional(S104). The user selects items and glasses(S106,S108). Glasses for selection interwork with a glasses DB(66). After mixing images, glasses selection points are assigned(S110). Whether to purchase the selected glasses is decided(S112). Personal information, produced character information and the glasses selection points are stored in a member information management DB(S114). Displayed specification for the selected glasses and the glasses selection points may be printed. And pressing a return key ends the steps

(JP2002014305) - 28-06-2000 PROBLEM TO BE SOLVED: To provide a system to support users so as to enable the users to easily select the spectacles meeting the users liking, a server 2 used in this system and a support apparatus. SOLUTION: The server 2 and a user terminal 3 are connected through a communication network 1. The server 2 includes a first data base 18 in which the designs of the respective parts of the spectacles are stored and a second data base in which the histories of the users are stored. If there is an access from the user terminal, the server sends the designs of the respective parts of the spectacles and the face image of the user. The selection of the desired designs is carried out at the user terminal and the face image and the spectacle image are synthesized and are displayed in a display section. If the user likes the spectacles, the user places an order. The ordering data is sent to the server and is forwarded to a manufacturer terminal. The manufacturer assembles the respective ordered parts and sends the assembly to the user. The user is able to rapidly purchase the desired spectacles.

(KR20010097951) 27-04-2000 Abstract: PURPOSE: A system and a method for buying glasses based on the Internet is provided to enable a user to directly buy glasses suitable for his/her face features, hair styles, or fashion styles. CONSTITUTION: A client(100) inputs information for buying wanted glasses. A web server(300) is connected to the client through the Internet,(200) and provides relational information corresponding to the inputted information of the client. A distribution center(400) receives order information provided through the Internet from the web server and delivers the purchased glasses to a user of the client. A face selecting part selects face type conforming with the user's face image. A hair style selecting part selects hair style conforming with the user's hair style. A fashion style selecting part selects fashion style conforming with the user's fashion style. A control part analyzes the face type, the hair style, and the fashion style selected by the face selecting part, the hair style selecting part and the fashion style selecting part and provides corresponding glasses. A glasses selecting part selects a pair of wanted glasses among the glasses provided by the control part.

(WO9729441) 06-02-1996 A system and method for the automation of every step of the commercial activity of an optical shop (virtual optical shop) is provided, comprising an imaging apparatus, a computer unit (operating program, image memories, data memories, A/D and D/A converters), a display apparatus, a communication apparatus and an assembling machine. The image of the face of the customer is picked up by the imaging apparatus. According to the customer's cosmetic preferences and the features of the image of his face, the operating program presents a showcase with suggestions of best fit eyewear products (spectacles frames and lenses, and color contact lenses). From the suggested showcase, the customer is able to try on and compare eyewear products on the image of his face. Once an eyewear product is chosen, the purchase order may be confirmed, and the computer unit, connected to an assembling machine through a communication program and apparatus, provides immediate assembling and delivery of the chosen eyewear product(s). The virtual optical shop, may be reached through the Internet by the customer, allowing him to go through the whole process from his home personal computer.

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Unfortunately, it is the publication date, not the priority date, that is relevant for prior art. The publication dates for the patents listed are as follows: KR20020014602 25-02-2002 based on this Espacenet link and search Korean patent database for "10-2000-0047971"; JP2002014305 has 18-01-2002; KR20010097951 has 08-11-2001; WO9729441 is OK since it has 14-08-1997. –  user4028 Jun 13 '13 at 23:49
    
Priority date matters, because you cannot have two patents on a single invention by different inventors just because an application filed earlier was not published. Priority date anticipates all other same inventions of future, which is why one secures a priority date. –  Rahul B Jun 14 '13 at 1:41
    
You are right that priority date is relevant for issued patents, but that date is not relevant for patent applications where a patent did not get issued, at least as far as prior art is concerned. For patent applications, those are treated the same as any other "printed publication" so the published date is what is relevant in that case. I should have been more clear in my first comment to refer to these as patent applications, not issued (registered) patents (to be continued in next comment...) –  user4028 Jun 14 '13 at 16:52
    
Patent application KR20020014602 was rejected so not registered (issued). JP2002014305 was "deemed to be withdrawn" so not issued. KR20010097951 was rejected so not registered (issued). WO9729441 shown here was filed but does not appear to have been issued. –  user4028 Jun 14 '13 at 16:53
    
See this link for how the rules change with the America Invents Act (AIA). Prior to AIA, the first-to-invent applied only to the U.S. via 35 USC 102(a) or 35 USC 102(e). Foreign knowledge or use did not apply except beyond the one year prior to the effective date of application/filing via 35 USC 102(b). It is for issued patents and printed publications where both foreign and U.S. are applicable if prior to invention or one year prior to application/filing, whichever is later. –  user4028 Jun 14 '13 at 21:52

http://worldwide.espacenet.com/publicationDetails/biblio?FT=D&date=20001005&DB=worldwide.espacenet.com&locale=en_EP&CC=KR&NR=20000059236A&KC=A&ND=6

http://ip.com/patfam/en/19679663

METHOD FOR PUTTING VARIOUS OBJECTS ON CUSTOMER PHOTO IMAGE WITH USE OF 3D FACE OR BODY MODELLING
Inventor: CHO KYONG SIK [KR]
Applicant: CHO KYONG SIK [KR]
CPC:
IPC: G06F19/00 (IPC1-7):G06F17/60
Publication info: KR20000059236 (A) 2000-10-05
Priority date: 2000-07-24

PURPOSE: A method for combining a customer photo image with various objects is provided to put the photo image on a 3D modelling, send the combined image over the internet, and put coloured makeup, glasses, a wig or other accessaries on the combined image in order to offer an environment similar to a real world.
CONSTITUTION: A method for combining a customer photo image with various objects comprises the steps of accessing a site server over the internet at a user personal computer(S100), performing a member subscription process at the site server(S101), sending a photo image of a user face or a body(S102), putting the sent image on a 3D modelling, storing the image in a database by various object types such as an eye, a nose, a neck, a hair and so on, storing URLs of the objects in a data processor(S104), the server calling the user to send a necessary image if a sent photo does not satisfy(S105), the user trying to put various kinds of the commodities on the photo image(S106), selecting a commodity appropriate for the user himself or herself(S107) and purchasing the commodity(S108).

Let's compare to Claim 1 of patent 7,016,824:

Interactive platform: "the user trying to put various kinds of the commodities on the photo image".

Computing device: "at a user personal computer".

3D face model: "putting the sent image on a 3D modelling, storing the image in a database by various object types such as an eye, a nose, a neck, a hair and so on"; not clear if 3D model is derived from image or by some other means (need to read full translated patent to determine), but it's clearly referring to the face.

Characteristics with respect to 3D reference frame: not mentioned explicitly.

3D representation of eyeglasses: implicit with "putting the sent image on a 3D modelling"; doesn't make sense to 3D model user image and not "commodities" including "glasses" since why would you 3D model if you were just combining images in 2D?

request over the network: "accessing a site server over the Internet" which of course is a network.

placing 3D representation onto default position: "put...glasses...on the combined image"; not clear whether there is a default or whether the user manually puts them on (need to read full translated patent to determine).

Go to the Korean patent search website:
http://www.kipris.or.kr/enghome/main.jsp
and search for patent (application) 1020000042548
You will find that the patent I listed above was rejected, so perhaps published just means that the application was published, but the patent was not registered (accepted), but a published application is still prior art. You should be able to see the full text and diagrams of the patent though it is in Korean.

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Also, for anticipation, the publication date of the prior art must be before the invention by the applicant of the patent in question OR ONE YEAR prior to the date of application of the patent in question. Since the patent in question had a related application filed on Feb 6, 2001, wouldn't we need to have prior art be prior to 2/06/2000 unless it can be proven that the applicant of the patent in question created/discovered his invention after 10/05/2000? See USPTO Anticipation rules for more details –  user4028 Jun 12 '13 at 19:28
    
Combining the prior art of EP 1123036 A4 (found earlier by Amir G) in conjunction with the above patent application could teach every element of the claim, though because it is not in a single piece of prior art, this does not count as anticipation but instead might fall under obviousness (i.e. being obvious to combine the two pieces of prior art). –  user4028 Jun 12 '13 at 19:41
1  
To correct my first comment, the burden of proof is on the applicant of the patent being disputed to show that their invention was "reduced to practice" prior to the date of application of their patent (and prior to 05 Oct 2000 if this prior art is to be rejected). –  user4028 Jun 14 '13 at 22:03

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