throbber
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`Case 2:20-cv-00249—JRG Document 1-1 Filed 08/04/20 Page 1 of 12 PageID #: 15
`
`EXHIBIT 1
`
`EXHIBIT 1
`
`

`

`Case 2:20-cv-00249-JRG Document 1-1 Filed 08/04/20 Page 2 of 12 PageID #: 16
`
`(12> Ulllted States Patent
`Lennon
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 6,624,843 B2
`Sep. 23, 2003
`
`US006624843B2
`
`(54) CUSTOMER IMAGE CAPTURE AND USE
`THEREOF IN A RETAILING SYSTEM
`
`(76) Inventor: Jerry W_ Lennon, 7719 Butternut CL,
`Woodridge, IL (US) 60517
`
`*
`
`Notice:
`
`Sub'ect to an disclaimer, the term of this
`J
`y
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 384 days.
`
`(21) App1_ No; 09/733,197
`
`(22) Filed:
`(65)
`
`Dec. 8, 2000
`Prior Publication Data
`
`Us 2002/0073077 A1 Jun- 13’ 2002
`
`7/1999 Rose
`5,930,769 A
`5.983201 A 11/1999 Fay
`6,236,319 B1 * 5/2001 PitZer et al. ........... .. 340/573.4
`6,298,218 B1 * 10/2001 Lowe et al. ................ .. 455/66
`OTHER PUBLICATIONS
`
`. 1—4.
`PCT International Search Re ort,
`PP
`P
`“Welcome to My Virtual Model” Website located at http://
`WWWservices1.landsend.com/landsend/menu.htm?sid=
`0975533902029, printed on Nov. 29, 2000.
`Written Opinion for International Application No. PCT/
`US00/42703 dated Dec. 5, 2001.
`
`* cited by examiner
`Primary Examiner—Nhon Diep
`(74) Attorney, Agent, or Firm—Banner & Witcoff, Ltd.
`
`Related US. Application Data
`(60) Provisional application No. 60/170,057, ?led on Dec. 10,
`1999_
`
`7
`
`_
`
`(57)
`
`ABSTRACT
`_
`_
`_
`_
`_
`In a retailing system, an image capture system is provided
`and used to capture reference images of models Wearing
`
`IIlt. Cl- . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
`
`apparel items‘
`
`a retailerzs place of business, an image
`
`Cl- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
`
`Capture System Substantially identical to
`
`used to Capture
`
`(58) Field of Search ............................ .. 348/61, 63, 64,
`348/78, 86, 96; H04N 9/47> 7/18
`
`(56)
`
`References Cited
`US PATENT DOCUMENTS
`
`8/1984 Maloomian
`4,467,349 A
`4539585 A * 9/1985 spaekova et al' """"" " 382/100
`4 991 005 A
`2/1991 Smith
`’
`’
`5,053,956 A 10/1991 Donald et al.
`5,515,268 A
`5/1996 Yoda
`5,551,021 A
`8/1996 Harada et al.
`5,592,248 A
`1/1997 Norton et al.
`5,771,778 A * 6/1998 MacLean, IV ........... .. 99623.6
`
`the reference images is also provided Acustomer has his or
`her image captured by the image capture system at the
`retailer’s place of business. Subsequently, When the cus
`tomer is in close proximity to an image display area Within
`the retailer’s place of business, a composite image compris
`ing the customer’s captured image and one of the reference
`images may be provided. The composite image may com
`prise full motion video or still images. In this manner, the
`~
`~
`~
`~
`customer is given the opportunity to virtually assess the
`1
`t d
`h d.
`.th
`t
`t H h .
`t
`t
`th
`se ec e1 merc an 1se W1 ou ac ua y avmg o ry on e
`appare
`
`20 Claims, 4 Drawing Sheets
`
`K- 104
`
`IMAGE CAPTURE
`SYSTEM
`
`II
`
`114
`
`108
`
`F F
`
`IMAGE DISPLAY
`
`102
`
`F
`
`CUSTOMER 4 —
`
`SYSTEM
`
`CONTROLLER
`
`‘
`
`TRIGGEFKS)
`
`~
`
`\116
`
`k
`110
`X 1
`PUBLIC
`COMMUNICATION
`NETWORK
`
`‘
`
`100
`
`k
`
`A
`I
`PRIVATE
`COMMUNICATION
`NETWORK
`
`k 112
`
`106
`
`

`

`Case 2:20-cv-00249-JRG Document 1-1 Filed 08/04/20 Page 3 of 12 PageID #: 17
`
`U.S. Patent
`
`Sep. 23, 2003
`
`Sheet 1 0f 4
`
`US 6,624,843 B2
`
`wow
`
`31
`
`a
`
`5.305200 I 555 I 52058
`
`><._n_w_n_ mos;
`
`wow K
`
`m: J 03
`
`P .UE
`
`
`vEo>>Ez vEQsEz
`zo;<o_z:_>__>_oo A v zo;<o_z:_>=>_oo
`
`m;<>_mn_ 03mg
`
`
`
`
`
` k E J B All: 6Ew095 All
`
`vow .\
`
`» + f 0:.
`
`

`

`Case 2:20-cv-00249-JRG Document 1-1 Filed 08/04/20 Page 4 of 12 PageID #: 18
`
`U.S. Patent
`
`Sep. 23, 2003
`
`Sheet 2 0f 4
`
`US 6,624,843 B2
`
`START
`
`I
`202
`CAPTURE
`REFERENCE —'/
`|MAGE(S)
`
`I
`
`204
`CAPTURE USER ___/
`|MAGE(S)
`
`DISiLAY
`
`206
`
`COMPOSITE -/
`|MAGE(S)
`
`FIG. 2
`
`sTART
`
`PROVIDE
`302
`\ CONTROLLED
`ENVIRONMENT
`
`304
`
`OBI/MN
`
`\ REFERENCE
`IMAGE
`
`YES
`
`306
`
`ADDITIONAL
`IMAGES?
`
`NO
`
`EIZIT
`308
`\ REFERENCE
`IMAGE(S)
`
`STORE
`310
`& REFERENCE
`IMAGE(S)
`
`FIG. 3
`
`

`

`Case 2:20-cv-00249-JRG Document 1-1 Filed 08/04/20 Page 5 of 12 PageID #: 19
`
`U.S. Patent
`
`Sep. 23, 2003
`
`Sheet 3 0f 4
`
`US 6,624,843 B2
`
`(
`
`START
`
`PROVIDE
`402
`\ CONTROLLED
`ENVIRONMENT
`
`404
`
`g‘
`
`\_ CUSTOMER ENTERs
`IMAGE cAPTuRE AREA
`
`406
`
`E
`
`‘ OBTAIN cusToMER
`
`T
`lMAGE(S) T
`
`408
`
`NO
`
`VALID?
`
`YES
`'
`
`’ STORE CUSTOMER
`IMAGE(S)
`T
`
`‘ ASSIGN BODY
`TYPE
`
`410
`
`E
`
`412
`
`E
`
`FIG. 4
`
`

`

`Case 2:20-cv-00249-JRG Document 1-1 Filed 08/04/20 Page 6 of 12 PageID #: 20
`
`U.S. Patent
`
`Sep. 23, 2003
`
`Sheet 4 0f 4
`
`US 6,624,843 B2
`
`START
`
`502
`\
`
`CUSTOMER ENTERS
`IMAGE DISPLAY AREA
`
`NO
`
`504
`
`506
`
`TRIGGER
`DISPLAY?
`
`YES
`
`VALID?
`
`INFORM
`NO—> CUSTOMER
`
`YES
`v
`510
`\ PROMPT CUSTOMER
`
`508 j
`
`NO
`
`51 2
`
`RECEIVE
`CUSTOMER
`
`RESIiOy
`
`YES
`GENE'RATE
`51 4
`k COMPOSITE
`IMAGE
`
`DISiLAY
`51 6
`\- COMPOSITE
`IMAGE
`
`FIG. 5
`
`

`

`Case 2:20-cv-00249-JRG Document 1-1 Filed 08/04/20 Page 7 of 12 PageID #: 21
`
`US 6,624,843 B2
`
`1
`CUSTOMER IMAGE CAPTURE AND USE
`THEREOF IN A RETAILING SYSTEM
`
`CROSS-REFERENCE TO RELATED
`APPLICATIONS
`The present application claims priority from US. patent
`application Ser. No. 60/170,057 entitled “A METHOD AND
`APPARATUS FOR CAPTURING IMAGE FORMS AND
`CHANGING CLOTHING TYPES ON THE IMAGE
`FORM” ?led on Dec. 10, 1999.
`
`10
`
`TECHNICAL FIELD
`
`The present invention is generally related to commercial
`systems and, in particular, to method and apparatus for
`capturing a person’s image and using the captured image in
`a retailing system.
`
`15
`
`2
`image of a customer Without the attendant limitations of
`prior art systems. Such a system Would reduce shopping
`time for the customer because the customer does not have to
`physically try on articles of clothing. Additionally, there
`Would be less likelihood of the customer returning an untried
`article of clothing or deciding that the clothing style does not
`?t or is un?attering or does not coincide With the fashion
`image the customer desires to portray, thereby saving mer
`chants the cost of returned items.
`
`SUMMARY OF THE INVENTION
`The present invention alloWs apparel retailers and other
`purveyors of such items an opportunity to virtually “dress”
`the potential customer in featured merchandise as a virtual
`“?tting.” As used herein, apparel includes clothing, acces
`sories or any other items for Which customer purchase
`decisions are typically based in part upon hoW the item
`appears When used by the customer. Through manipulation
`of digitiZed images, an image of the customer in a neW
`apparel style is displayed. In addition, the image of the
`customer Wearing the neW apparel style can be shoWn under
`different lighting and background conditions such as in the
`evening at a restaurant, in a very dark dance hall, in a
`moderately lit boardroom, or Walking along a doWntoWn
`street during daylight hours. Sound effects and music can
`also be added to offer a fuller, more intense-effect vieWing
`environment and enhance the entertainment aspects pro
`vided by the present invention.
`The computer system is capable of merging video or still
`images of live, ordinary customers With video or still images
`of stored reference model images Wearing the apparel. The
`computer system retrieves the stored reference images from
`a database and applies the stored reference image to the
`digitiZed image of the customer’s body. The potential cus
`tomer is shoWn in the featured apparel (the stored reference
`image) by displaying the composite image on a video
`display. The composite can be offered as a still picture or
`animated to a speci?c situation. In one embodiment of the
`present invention, routing of store traffic through a pre
`de?ned WalkWay facilitates capture of customer images. To
`maXimiZe the quality of the composite image, the WalkWay
`preferably has the same physical characteristics and lighting
`to that used in obtaining the reference images. Knowledge
`(or estimates) of a potential customer’s Weight and body
`height helps ensure a close match of the stored reference
`images to the captured image, creating a more realistic
`vieWing of hoW the apparel style or color Will look on the
`potential customer. The computer is capable of distinguish
`ing differences betWeen body siZes and is capable of ?lling
`in variations. Avalue system or Weighting system assigns a
`value to distinguish the various body forms of customers.
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`BACKGROUND OF THE INVENTION
`
`“Putting the pants on” the customer is a long-standing
`term used in the fashion industry to eXplain to salespeople
`the need to shoW potential customers hoW they Will look in
`various clothing styles. Tailors often said that a sale Was not
`made until the customer “puts on the pants.” When a
`customer tries on various clothing styles and colors, the
`process is very time consuming. The need eXists for the
`customer to see a variety of clothing styles and colors
`applied to his/her body type to form an idea of hoW a
`particular clothing style or color Will look on that person.
`One attempt to address this need has been through the use
`of so-called virtual models. An eXample of such a system is
`found at the Web site (http://WWW.landsend.com) for Land’s
`End, Inc. By responding to a series of prompts regarding
`body shape, skin tone, hairstyle, eye shape, measurements
`etc, a customer is able to generate a computer simulation that
`approximates the customer’s silhouette. The simulation or
`virtual model can be saved and recalled for later use. Having
`created a virtual model, the customer can select various
`clothing styles for display using the virtual model. In this
`manner, the customer is provided an approximation as to
`appropriate siZes. HoWever, by its very nature, the virtual
`model provides virtually no detail regarding the customer’s
`actual appearance. Additionally, the virtual model is gener
`ally displayed as a static image on a generic background.
`That is, the customer is not able to assess the appearance of
`the selected merchandise as it Would appear When the
`customer is actually moving around Within a variety of
`background settings.
`US. Pat. No. 5,551,021 issued to Harada et al. (the
`“Harada patent”) also discloses a system in Which images of
`customers (captured through the use of a still image camera)
`are electronically stored. Later, When a customer is contem
`plating additional clothing purchases, a store clerk operating
`the system is able to recall the customer’s image and display
`a composite of the customer’s image With clothes that the
`customer has previously tried on or already oWns. In this
`manner, the store clerk may better advise the client in
`coordinating contemplated purchases With clothes previ
`ously considered or oWned by the customer. HoWever, the
`Harada patent suffers from the same limitations as the virtual
`model system described above. Additionally, the Harada
`patent only displays the customer’s image in conjunction
`With clothing already considered or oWned, and does not
`alloW the customer to see clothing styles that he or she is
`currently considering applied to his or her image.
`Thus, it Would be advantageous to provide a computer
`iZed system Whereby clothing styles are applied to an actual
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`In the detailed description of presently preferred embodi
`ments of the present invention Which folloWs, reference Will
`be made to the draWings comprised of the folloWing ?gures,
`Wherein like reference numerals refer to like elements in the
`various vieWs and Wherein:
`FIG. 1 is a block diagram of a computer-based system in
`accordance With the present invention;
`FIG. 2 is a ?oWchart illustrating a method in accordance
`With the present invention;
`FIG. 3 is a ?oWchart illustrating capture of at least one
`reference image in accordance With the present invention;
`FIG. 4 is a ?oWchart illustrating capture of at least one
`customer image in accordance With the present invention;
`and
`
`55
`
`60
`
`65
`
`

`

`Case 2:20-cv-00249-JRG Document 1-1 Filed 08/04/20 Page 8 of 12 PageID #: 22
`
`US 6,624,843 B2
`
`3
`FIG. 5 is a ?owchart illustrating display of a composite
`image in accordance With the present invention.
`
`DETAILED DESCRIPTION OF THE
`INVENTION
`The present invention is more readily described With
`reference to FIGS. 1—5. FIG. 1 illustrates a computer-based
`system 100 in accordance With the present invention. The
`system 100 comprises a controller 102 coupled to an image
`capture system 104, databases 106, an image display system
`108, a public communication netWork 110, a private com
`munication netWork 112 and one or more trigger devices
`116. The controller 102 may comprise one or more com
`puters or servers capable of executing softWare instructions
`stored in memory (e.g., volatile or non-volatile digital stor
`age devices) via a suitable processor (e.g., microprocessor,
`microcontroller, digital signal processor or the like or com
`binations thereof). As described in greater detail beloW, the
`image capture system 104 comprises one or more image
`capture devices, such as at least one full motion video
`camera or at least one still image camera, or a combination
`thereof. In a preferred embodiment, the image capture
`devices provide a digital signal output, although an analog
`output that is subsequently converted to digital form may
`also be used. The controller 102 is coupled to databases 106
`for the storage of images captured by the image capture
`system 104. Information correlating captured customer
`images to particular customers, as Well as other data describ
`ing each customer’s body type, etc. may also be stored in the
`databases 106. Furthermore, the databases 106 preferably
`comprise stored apparel style or reference images described
`in greater detail beloW. Although multiple databases 106 are
`illustrated in FIG. 1 and referred to in this description, those
`having ordinary skill in the art Will recogniZe that a single
`database of sufficient storage capacity could be used.
`The image display system 108 preferably comprises at
`least one display screen capable of displaying high-quality
`video or still images. When deployed in a retail
`environment, several such display screens may be placed
`throughout the business such that a plurality of customers
`may be simultaneously using the system 100 at any given
`moment. In a distributed computing environment, the image
`display system 108 may also include one or more computers,
`or similar computing platforms and associated memory,
`capable of performing image manipulations described
`beloW. The image display system 108 alloWs composite
`images, comprising one or more captured customer images
`combined With one or more of the stored reference images,
`to be displayed to a customer in close proXimity to one of the
`display screens. The trigger devices 116, each preferably
`deployed integrally With or in close proXimity to the display
`screens, may be activated through direct customer input or
`automatically. EXamples of suitable trigger devices 116
`include, but are not limited to, keypads, card readers, touch
`screens, cameras or the like or combinations of such devices.
`When activated, each trigger device 116 informs the con
`troller 102 of the presence of a customer 114 near a display
`screen, thereby initiating display of an appropriate compos
`ite image.
`The public communication netWork 110, such as the
`Internet or World Wide Web, or the private communication
`netWork 112, such as a retailer’s intranet or eXtranet, alloWs
`customers 114 to access composite images or other customer
`information (such as account information, biometric data,
`preferences, etc.) via the controller 102. Conversely, the
`customer 114 can provide data, such as one or more cus
`tomer images for use in generating composite images or
`
`10
`
`15
`
`25
`
`35
`
`45
`
`55
`
`65
`
`4
`updated customer information) to the controller 102 via
`either or both of the public and private communication
`netWorks 110, 112. Communications via the either or both of
`the public and private communication netWorks 110, 112 can
`be implemented using secure access links, as knoWn in the
`art.
`Using the system 100 described above, the present inven
`tion provides retailers or other providers of apparel the
`opportunity to let customers visually assess the items With
`out having to actually try the item on. To achieve this, the
`present invention provides a three-step process generally
`illustrated in FIG. 2. At step 202, one or more reference
`images are captured. In the conteXt of the present invention,
`a captured image has been edited or modi?ed as necessary
`and stored for later access. Reference images comprise
`various apparel items as Worn by models and edited to
`remove at least some portions of the image other than the
`apparel item being Worn, i.e., the models’ face, hair, hands,
`legs, etc. At step 204, one more customer images are
`captured. Note that both the reference images and the
`customer images may comprise full motion video or still
`images. In contrast to the reference images, the customer
`images, When edited, may include only the customers’ face,
`hair, hands, etc. Then, at step 206, a composite image
`comprising any one of the reference images and any one of
`the customer images is generated and displayed. In effect,
`the composite image combines each customer’s actual
`appearance (as dictated by his or her facial features, hair
`color, etc.) With an image of the desired apparel item as it
`Would appear When Worn by a person having a similar body
`shape to the customer. In this manner, the customer is able
`to more accurately assess the appearance of the item When
`Worn by the customer Without having to actually try on the
`item. Each of the steps illustrated in FIG. 2 are more fully
`described With reference to FIGS. 3—5 beloW. As those
`having ordinary skill in the art Will recogniZe, certain steps
`described relative to FIGS. 3—5 may be implemented as
`stored softWare instructions eXecuted by a suitable proces
`sor.
`Referring noW to FIG. 3, a process for obtaining reference
`images is described in greater detail. At step 302, a con
`trolled environment for obtaining images of the apparel
`items, as Worn by models, is provided. As used herein, the
`phrase “controlled environment” encompasses a environ
`ment that is reproducible, particularly as part of the image
`capture system 104 of FIG. 1. To this end, the controlled
`environment preferably comprises at least one CCD digital
`video camera (e.g. DNE11 or EditCam) capable of recording
`digital images to the memory of a computer. Any computer
`capable of storing and processing large amounts of digital
`images may be used for this purpose. Because of the data
`storage requirements inherent in digital video, large memory
`storage systems are typically required, particular for high
`quality images. A runWay is provided of sufficient length
`such that up to tWenty seconds of video data could be
`obtained of a model traversing the runWay at a normal
`Walking pace. Physical layouts other than a runWay are
`possible. In a preferred embodiment, one or more ?xed,
`vertical posts are erected at the end of or along the runWay
`With a camera array or lens array mounted at 62 inches (1.57
`meters), 64 inches (1.63 meters), 66 inches (1.68 meters), 68
`inches (1.73 meters) and 70 inches (1.78 meters). Of course,
`other mounting heights can be selected as a matter of design
`choice. Similarly equipped posts at forty-?ve degree angles
`relative to the end post(s) are also preferably provided in
`order to capture a full 180° vieW, although other ranges are
`possible. Selection and positioning of lighting elements are
`
`

`

`Case 2:20-cv-00249-JRG Document 1-1 Filed 08/04/20 Page 9 of 12 PageID #: 23
`
`US 6,624,843 B2
`
`5
`preferably determined according to Well-understood lighting
`principles in order to best capture the image of the selected
`apparel and to achieve the desired effect of shadoWs, etc.
`Additional lighting effects can be added or modi?ed during
`editing to add background or ?ne tune the image transfor
`mation prior to archiving the reference images.
`Preferably, the merchant Who desires to market fashion
`merchandise using the present invention selects the desired
`range of body siZes for each selected apparel style. The
`merchant selects the background to match the garment’s
`VAT (Value, Attitude and Trend) to the potential customer,
`as envisioned by the merchant. Subsequently, at steps 304
`and 306, reference images are obtained. To this end, video
`or still images of models, having a variety of body siZes
`typical to the majority of potential customer’ body forms
`and Wearing corresponding siZes of the selected apparel
`item, are taken Within the controlled environment, i.e.,
`Walking doWn the runWay. Techniques such as retrolooping
`may be employed to minimiZe the number models needed to
`capture images for each of the desired siZes and body types.
`Prior to recording, a visual reference may be referred to
`gauge apparel siZes. Preferably, the images of the models are
`captured before a blank background, such as a uniformly
`blue or green screen, depending on the color of the apparel
`being Worn. Additionally, the models preferably Wear a hood
`or coWl, gloves, leggings etc of the same color. This facili
`tates the process of editing out the extremities of the models
`(e.g., head, hair, hands, legs etc) as Well as the addition of
`suitable background images. As the images are obtained,
`they are preferably stored directly to memory residing in a
`computer or similar device. Alternatively, the images could
`be stored Within the one or more cameras for subsequent
`doWnloading. Steps 304 and 306 are repeated until the
`desired range of images is obtained.
`When a sufficient number of body siZes and types are
`recorded for a given apparel item, the images are edited at
`step 308 to remove the parts of the image other than the
`apparel style, i.e., the models’ face, hair, hands, legs, etc.
`Such editing can be accomplished using existing softWare
`such as Avid SoftImage or Adobe After Effects. Using these
`programs, the editor makes creative choices regarding
`diminishment of these elements, or adding shoes or fashion
`accessories to enhance the overall effect to accommodate
`different styles of the apparel item. To this end, the editor
`may rely on special instructions that alloW for a loW-cut
`garments, replacing long or short sleeve lengths, add or
`eliminate certain areas in order to obtain a best ?t, etc.
`Lighting or shadoWs can be added or eliminated and suitable
`background images matted into the images. Further still,
`additional effects such as sound effects or background music
`can be added to the references images.
`At step 310, the edited reference images are stored, for
`example, in the database 106 shoWn in FIG. 1. Storage
`programs and visual pattern recognition programs are used
`to create the database of edited apparel styles. The edited
`apparel styles may be stored separately or combined With
`other meta information, i.e., information that describes each
`reference image in some manner, such as identi?cation of
`each apparel style, body type, etc. Once the edited apparel
`style data is stored, the client (merchant) has the opportunity
`to approve, and request further edits of, the stored reference
`images. At this point, the stored reference images are ready
`to be combined With customer images. The merchant pref
`erably identi?es potential customers based, for example, on
`mailing or customer lists, surveys or using any other means
`knoWn in the art. Once the potential customers are identi?ed,
`a ?yer or incentive notice can be mailed to the customer or
`
`10
`
`15
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`25
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`35
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`45
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`otherWise published in order to give the potential customer
`suf?cient incentive to use the commercial system of the
`present invention. The mailing can be a cooperative effort
`betWeen the merchant implementing the retailing system and
`some other organiZation, such as a apparel designer. The
`process of capturing customer images is further described
`With reference to FIG. 4.
`Referring noW to FIG. 4, a process for obtaining customer
`images is described in greater detail. At step 402, a con
`trolled environment as closely identical as practicable to that
`used to capture the reference images (described above
`relative to FIG. 3) is provided Within the image capture
`system 104. In particular, the physical construction of the
`runWay, the lighting angles, color and intensities, etc. are
`substantially similar to those used to capture the reference
`images. The construction of the image capture area is
`preferably ?exible in design, portable and lightWeight, and
`strong enough to support equipment such as display moni
`tors and cameras. Several alternative placements of the
`controlled environment are described beloW.
`At step 404, a customer enters the controlled environment
`of the image capture system 104 and activates image cap
`ture. Using knoWn techniques (e.g., motion detection or
`pattern recognition), the activation of image capture is
`preferably performed automatically. HoWever, in an alter
`nate embodiment, an operator may be provided to assist the
`customer and manually activate image capture; such an
`implementation may be preferable in some instances in
`order to personaliZe the experience. In order to capture the
`customer’s image at step 406, the customer Walks along the
`runWay of the controlled environment. Preferably, an initial
`reference point is provided Within the controlled environ
`ment to properly align the customer at the same starting
`point used by the models during capture of the reference
`images. Because of the similarity of the controlled environ
`ments used, the same camera angles and heights are used
`When acquiring the customer’s body image. The similarity
`of the resulting customer images to the stored reference
`images alloWs a more accurate determination of the custom
`er’s biometrics, i.e., body siZe and shape.
`At step 408, it is determined Whether the image(s) cap
`tured at step 406 is valid. Using existing biometrics identi
`?cation softWare such as Imagis ID 2000, a valid event
`occurs When a full face comprising eyes, a nose, mouth, etc.
`is detected. Where a camera array or lens array is used, the
`camera or lens With the greatest approximate validity (i.e.,
`most of the face) Would be used as the recording camera. A
`minimum of seven to ten seconds is considered suf?cient to
`capture a valid event. In this time, eye-level, height, Weight
`and body type can be identi?ed. TWo additional posts could
`be erected at forty-?ve degree angles to the main post.
`Camera array or lense arrays can be mounted to the other
`posts and activated according to their relationship to the
`camera determined to be the recording camera on the main
`post. Although this is not necessary, this arrangement can be
`used to obtain a full 180 degrees or more of image. If the
`image captured at step 406 is not valid, the process of
`obtaining the customer’s image (i.e., step 406) is repeated
`until a valid image is obtained.
`At step 410, the valid customer image(s) is stored in
`memory, for example, the database 106 of FIG. 1. In one
`embodiment of the present invention, storage may be long
`term, thereby alloWing the customer’s image to be accessed
`at any time, or may be short term, i.e., for the duration of a
`single event. Storage preferably occurs after the customer
`has manifested his or her approval of the process. For
`example, Where the customer Was sent a promotion (such as
`
`

`

`Case 2:20-cv-00249-JRG Document 1-1 Filed 08/04/20 Page 10 of 12 PageID #: 24
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`US 6,624,843 B2
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`a piece of die cut cardboard or the like) that uniquely
`identi?es that customer (e.g., through the use of a bar code
`or other data), the customer can cause the image capture
`system to accept the customer’s information encoded
`therein. In this manner, the customer identi?cation informa
`tion can be associated With the customer’s image.
`Alternatively, an input device (keypad, touch screen, etc.)
`can be provided as part of the image capture system such
`that the user is able to approve of the captured image and
`enter his or her identi?cation information. Regardless,
`assuming that the customer’s image is stored, along With
`information identifying the customer, a body type value is
`assigned to the customer’s image at step 412. This is
`preferably done by an operator of the system. Standard body
`and garment measurements are de?ned in FashionDex’s
`“Apparel Design and Production Handbook”, the teachings
`of Which are incorporated herein by this reference. Suitable
`body types include, but are not necessarily limited to, small,
`medium and large and subsets of petite and full siZe as
`established by FashionDex. Once stored, the customer’s
`image may be made available to the customer via the public
`or private netWorks 110, 112. Additionally, the customer’s
`image may be made available for use With other retailers
`having access to the databases 106. Further still, a code is
`assigned to the customer’s stored body image, Which code is
`given to the potential customer for use in any of the
`participating merchant stores, as described in greater detail
`beloW.
`Referring noW to FIG. 5, a process for displaying com
`posite images is described in greater detail. At step 502, a
`customer enters an image display area (e.g., approaches a
`display screen) of the image display system 108. In a retail
`other merchandising environment, the image display areas
`are preferably positioned throughout the environment in
`close proximity to certain apparel items for Which stored
`reference images are available. In another embodiment, the
`display area may be completely separate from a retailer’s
`place of business, i.e., Within another place of business or
`even the customer’s home.
`At step 504, it is determined Whether a trigger device 116
`has been activated. In the context of the present invention,
`activation of a trigger device at a minimum indicates that a
`customer is in close proximity to an image display area
`because the trigger devices are preferably integral With or in
`close proximity to the device used for display purposes. A
`45
`variety of trigger implementations are possible. In one
`embodiment of the present invention, the trigger device 116
`comprises a camera positioned to detect the presence of a
`person in vieWing position relative to the image display area.
`In this case, a trigger event occurs, for example, if the
`customer remains Within the image display area for at least
`a predetermine amount of time, e.g., 7 or more seconds.
`Suitable cameras for this purpose include any charge
`coupled device (CCD) three chip color video camera such as
`the Sony TRV 900 operating in conjunction With suitable
`pattern recognition programs such as Imagis Cascade ID
`2000. The camera provides video or still image data to
`softWare, executed by either the controller 102 or a distrib
`uted computing platform included in the image display
`system 108, capable of pattern recognition. The pattern
`recognition softWare, such as that found in the Virage
`Videologger With Image Recognition retrieval, tags and
`retrieves the customer’s image from the image display area
`With knoWn reference points corresponding to the stored
`customer images. By comparing the features of the custom
`er’s face, as captured by the camera at the image display
`area, With the stored customer images, the recognition
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`softWare provides an indication Whether the customer cur
`rently Within the image display area is represented Within the
`stored customer images. If a suf?ciently similar match is
`found, the trigger event is deemed valid at step 506. If a
`suf?ciently similar match is not found, but several candidate
`matches are identi?ed, the customer may be provided With
`information (i.e., names) associated With the candidate
`images and asked to provide data (e.g., a passWord or the
`code previously associated With the customer’s stored
`image) suf?cient to correlate the customer With one of the
`candidate images.
`In another embodiment, rather than using camera and
`recognition softWare, the trigger device 116 comprises a data
`entry device, such as a keypad, touch screen, voice recog
`nition interface or other

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