Detailed Action
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Action is in reply to the Amendment filed on 9/30/2025. Claims 1-3, 5-24, and 26-29 are pending. Claims 4 and 25 stand cancelled. Claims 1, 5-7, 10-13, 16-20, 23-24, and 26-28 have been newly entered. Claim objections and 112(d) have been overcome.
Priority
Applicant’s claim of priority to provisional US Application 63027179 is acknowledged. However, the provisional application does not provide support for at least the steps of maintaining a real-time user counter for each pop-up store; automatically restricting store access when predetermined user limits are reached; and implementing temporal access windows that automatically make pop-up stores inaccessible after predetermined time periods, wherein the pop-up store access control technology creates exclusive shopping experiences by limiting both user numbers and time availability in claims 1, 13, and 24, and the further steps of providing a user an option to play a game-in-game within the online game; and offering options to the user in the game-in-game to allow the user to modify an avatar, pay an entrance fee, play against other users or groups of users, create a temporary avatar, or hire a mercenary for the game-in-game in Claim 13.
The claims are therefore afforded an effective filing date of 3/24/2021.
Claim Rejection - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-3, 5-24, and 26-29 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 13, and 24 recite that “creating temporary virtual stores with limited user access thresholds; maintaining a real-time user counter for each pop-up store; automatically restricting store access when predetermined user limits are reached; and implementing temporal access windows that automatically make pop-up stores inaccessible after predetermined time periods, wherein the pop-up store access control technology creates exclusive shopping experiences by limiting both user numbers and time availability” The subject matter of the claim does not conform to the disclosure in such a manner in which one of ordinary skill in the art would have recognized such system/method as being that which Applicant adequately described as the invention or what applicant actually had possession of at the time of the invention. A review of the disclosure does not provide support for these limitations; while the Specification supports “a temporary pop up which …may be limited to a select number of users,” [0051], it does not support the recited limitations of “maintaining a real-time user counter for each pop-up store; automatically restricting store access when predetermined user limits are reached,” nor does it suggest “implementing temporal access windows that automatically make pop-up stores inaccessible after predetermined time periods,” such that “the pop-up store access control technology creates exclusive shopping experiences by limiting both user numbers and time availability.” In other words, while the disclosure supports a temporary pop-up store “limited to a select number of users,” it does not support limiting the number of users via a “real-time user counter” and automatic restriction of store access, nor does it support “temporal access windows” or end-times for the pop-up store; thus the disclosure does not support “limiting both user numbers and time availability,” let alone in the specific manner claimed. It is noted that this is not an enablement rejection.
Claims 2-3, 5-12, 14-23, and 26-29 depend on Claims 1, 13, and 24 and are rejected on the same basis.
Claim Rejection - 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 1-3, and 5-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
First, it is determined whether the claims are directed to a statutory category of invention. In the instant case, claims 1-3 and 5-12 are directed to a machine. Therefore, claims 1-3 and 5-12 are directed to statutory subject matter under Step 1 as recited in MPEP 2106.
The claims are then analyzed to determine whether the claims are directed to a judicial exception. In determining whether the claims are directed to a judicial exception, the claims are analyzed to evaluate whether the claims recite a judicial exception (Prong One of Step 2A), as well as analyzed to evaluate whether the claims recite additional elements that integrate the judicial exception into a practical application of the judicial exception (Prong Two of Step 2A).
Claim 1 recites at least the following limitations that are believed to recite an abstract idea:
a game, wherein the game includes at least a first store representation of a first physical world store;
wherein the first store representation offers a first product or a first service to a first user for purchase from within the game; and,
wherein:
if the first user selects the first product, a product purchase of the first product from the first store representation results in both (1) the first product being purchased within the game and transferred to the first user in the game and (2) the first product being transferred in the physical world to the first user;
if the first user selects the first service, a service purchase of the first service results in both (1) the first service being purchased within the game and (2) the first service being performed in the physical
wherein the first product or the first service is provided to a user;
wherein the system further comprises an in-game payment system for
maintaining a storage of user payment accounts linked to gaming accounts;
contacting multiple physical world stores from which items were purchased during a single gaming session; and
coordinating payment processing via a payment means that processes both currency transactions for in-game items and real-world currency transactions for physical products, wherein the payment system tracks purchase patterns and generates targeted advertisements based on the combination of gaming behavior and purchasing history, and
wherein the system includes pop-up store access control for
creating temporary stores with limited user access thresholds;
maintaining a real-time user counter for each pop-up store;
restricting store access when predetermined user limits are reached; and
implementing temporal access windows that make pop-up stores inaccessible after predetermined time periods, wherein the pop-up store access control creates exclusive shopping experiences by limiting both user numbers and time availability; and
wherein the representation of the first physical world store is one of a plurality of physical world stores and the representation of the first physical world store includes a first customizable subset of a larger group of physical world stores; and,
wherein a second user of the game has a second representation that includes a second customized subset that is different than the first customizable subset of the larger group of the plurality of physical world stores.
The above limitations recite the concept of gamified purchasing. These limitations, under their broadest reasonable interpretation, fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106, in that they recite commercial interactions, e.g. sales activities/behaviors, and managing personal behavior or relationships or interactions between people, e.g., following rules or instructions. Accordingly, under Prong One of Step 2A, claim 1 recites an abstract idea (Step 2A, Prong One: YES).
Prong Two of Step 2A is the next step in the eligibility analyses and looks at whether the abstract idea is integrated into a practical application. This requires an additional element or combination of additional elements in the claims to apply, rely on, or user the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception.
In this instance, the claims recite the additional elements of:
An e-commerce system
The game being accessible via a network
The store representations being online
Alternative reality technology
A user device
processors configured to execute computer-executable instructions
A database
Steps being automatic
A payment server
Elements being virtual
technology
However, these elements do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception.
In addition, the recitations are recited at a high level of generality and also do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception.
The dependent claims also fail to recite elements which amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception. For example, claims 2-3 and 5-12 are directed to the abstract idea itself and do not amount to an integration according to any one of the considerations above. Therefore, the dependent claims do not create an integration for the same reasons.
Step 2B is the next step in the eligibility analyses and evaluates whether the claims recite additional elements that amount to an inventive concept (i.e., “significantly more”) than the recited judicial exception. According to Office procedure, revised Step 2A overlaps with Step 2B, and thus, many of the considerations need not be re-evaluated in Step 2B because the answer will be the same.
In Step 2A, several additional elements were identified as additional limitations:
An e-commerce system
The game being accessible via a network
The store representations being online
Alternative reality technology
A user device
processors configured to execute computer-executable instructions
A database
Steps being automatic
A payment server
Elements being virtual
technology
These additional limitations, including the limitations in the dependent claims, do not amount to an inventive concept because they were already analyzed under Step 2A and did not amount to a practical application of the abstract idea. Therefore, the claims lack one or more limitations which amount to an inventive concept in the claims.
For these reasons, the claims are rejected under 35 U.S.C. 101.
Claims 13-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
First, it is determined whether the claims are directed to a statutory category of invention. In the instant case, claims 13-23 are directed to a process. Therefore, claims 13-23 are directed to statutory subject matter under Step 1 as recited in MPEP 2106.
The claims are then analyzed to determine whether the claims are directed to a judicial exception. In determining whether the claims are directed to a judicial exception, the claims are analyzed to evaluate whether the claims recite a judicial exception (Prong One of Step 2A), as well as analyzed to evaluate whether the claims recite additional elements that integrate the judicial exception into a practical application of the judicial exception (Prong Two of Step 2A).
Claim 13 recites at least the following limitations that are believed to recite an abstract idea:
providing a user an option to play a game-in-game within the game;
offering options to the user in the game-in-game to allow the user to modify an avatar, pay an entrance fee, play against other users or groups of users, create a temporary avatar, or hire a mercenary for the game-in-game;
providing a first set of stores corresponding to a plurality of physical world stores within the game,
wherein the first set of stores is selectable by a first user of the game;
wherein the first set of stores comprises a customizable subset of stores from a larger set of stores;
offering at least a first product for purchase within a first store;
wherein, after the first user purchases the first product, the first product is provided to the first user within the game to a user, and,
executing an in-game payment process comprising:
maintaining a storage of user payment accounts linked to gaming accounts;
contacting multiple physical world stores from which items were purchased during a single gaming session; and
coordinating payment processing via a system that processes both currency transactions for in-game items and real-world currency transactions for physical products, wherein the payment process tracks purchase patterns and generates targeted advertisements based on the combination of gaming behavior and purchasing history; and,
implementing pop-up store access control comprising:
creating temporary stores with limited user access thresholds;
maintaining a real-time user counter for each pop-up store;
restricting store access when predetermined user limits are reached; and
implementing temporal access windows that make pop-up stores inaccessible after predetermined time periods, wherein the pop-up store access control creates exclusive shopping experiences by limiting both user numbers and time availability; and,
providing the first product in the physical world after the first user purchases the first product in the store within the game.
The above limitations recite the concept of gamified purchasing. These limitations, under their broadest reasonable interpretation, fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106, in that they recite commercial interactions, e.g. sales activities/behaviors, and managing personal behavior or relationships or interactions between people, e.g., following rules or instructions. Accordingly, under Prong One of Step 2A, claim 13 recites an abstract idea (Step 2A, Prong One: YES).
Prong Two of Step 2A is the next step in the eligibility analyses and looks at whether the abstract idea is integrated into a practical application. This requires an additional element or combination of additional elements in the claims to apply, rely on, or user the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception.
In this instance, the claims recite the additional elements of:
The game being online
elements being virtual
Alternative reality technology
A user device
A database
processors configured with computer-executable instructions
a payment server
steps being automatic
However, these elements do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception.
In addition, the recitations are recited at a high level of generality and also do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception.
The dependent claims also fail to recite elements which amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception. For example, claims 14-17 and 21-23 are directed to the abstract idea itself and do not amount to an integration according to any one of the considerations above. As for claims 18-20, these claims are similar to the independent claims except that they recite the further additional elements of avatars. These additional elements are recited at a high level of generality and also do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception. Therefore, the dependent claims do not create an integration for the same reasons.
Step 2B is the next step in the eligibility analyses and evaluates whether the claims recite additional elements that amount to an inventive concept (i.e., “significantly more”) than the recited judicial exception. According to Office procedure, revised Step 2A overlaps with Step 2B, and thus, many of the considerations need not be re-evaluated in Step 2B because the answer will be the same.
In Step 2A, several additional elements were identified as additional limitations:
The game being online
elements being virtual
Alternative reality technology
A user device
A database
processors configured with computer-executable instructions
a payment server
steps being automatic
These additional limitations, including the limitations in the dependent claims, do not amount to an inventive concept because they were already analyzed under Step 2A and did not amount to a practical application of the abstract idea. Therefore, the claims lack one or more limitations which amount to an inventive concept in the claims.
For these reasons, the claims are rejected under 35 U.S.C. 101.
Claims 24 and 26-29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
First, it is determined whether the claims are directed to a statutory category of invention. In the instant case, claims 24 & 26-29 are directed to an article of manufacture. Therefore, claims 24 & 26-29 are directed to statutory subject matter under Step 1 as recited in MPEP 2106.
The claims are then analyzed to determine whether the claims are directed to a judicial exception. In determining whether the claims are directed to a judicial exception, the claims are analyzed to evaluate whether the claims recite a judicial exception (Prong One of Step 2A), as well as analyzed to evaluate whether the claims recite additional elements that integrate the judicial exception into a practical application of the judicial exception (Prong Two of Step 2A).
Claim 24 recites at least the following limitations that are believed to recite an abstract idea:
connect a first user to a game;
enter a store within the game and make a purchase of at least a first product within the game; and,
deliver payment for the purchase of the first product within the game;
execute in-game payment instructions comprising:
maintain a storage of user payment accounts linked to gaming accounts;
contact multiple physical world stores from which items were purchased during a single gaming session; and
coordinate payment processing that processes both currency transactions for in-game items and real-world currency transactions for physical products, wherein the payment instructions track purchase patterns and generate targeted advertisements based on the combination of gaming behavior and purchasing history ;and
execute pop-up store access control instructions comprising:
create temporary stores with limited user access thresholds;
maintain a real-time user counter for each pop-up store;
restrict store access when predetermined user limits are reached; and
implement temporal access windows that make pop-up stores inaccessible after predetermined time periods, wherein the pop-up store access control instructions create exclusive shopping experiences by limiting both user numbers and time availability; and,
wherein the first product is provided to the first user, the first product is provided in the physical world to the first user, and
wherein the store is one store of a first set of stores corresponding to a plurality of physical world stores to display within the game for a first user, wherein the first set is a subset of all available stores for display within the game, and
wherein a second user of the game has a second set of stores that differs from the first set of stores by at least one store.
The above limitations recite the concept of gamified purchasing. These limitations, under their broadest reasonable interpretation, fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106, in that they recite commercial interactions, e.g. sales activities/behaviors, and managing personal behavior or relationships or interactions between people, e.g., following rules or instructions. Accordingly, under Prong One of Step 2A, claim 24 recites an abstract idea (Step 2A, Prong One: YES).
Prong Two of Step 2A is the next step in the eligibility analyses and looks at whether the abstract idea is integrated into a practical application. This requires an additional element or combination of additional elements in the claims to apply, rely on, or user the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception.
In this instance, the claims recite the additional elements of:
A non-transitory computer-readable medium comprising one or more computer-executable instructions that are executed by at least one processor of a computing device
A network
elements being virtual
a database
a payment server
steps being automatic
Alternative reality technology
A user device
However, these elements do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception.
In addition, the recitations are recited at a high level of generality and also do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception.
The dependent claims also fail to recite elements which amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception. For example, claims 26 are directed to the abstract idea itself and do not amount to an integration according to any one of the considerations above. As for claims 27-29, these claims are similar to the independent claims except that they recite the further additional elements of avatars and 3-dimensional game play. These additional elements are recited at a high level of generality and also do not amount to an improvement in the functioning of a computer or any other technology or technical field; apply the judicial exception with, or by use of, a particular machine; or 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, such that the claim as a whole is more than a drafting effort to monopolize the exception. Therefore, the dependent claims do not create an integration for the same reasons.
Step 2B is the next step in the eligibility analyses and evaluates whether the claims recite additional elements that amount to an inventive concept (i.e., “significantly more”) than the recited judicial exception. According to Office procedure, revised Step 2A overlaps with Step 2B, and thus, many of the considerations need not be re-evaluated in Step 2B because the answer will be the same.
In Step 2A, several additional elements were identified as additional limitations:
A non-transitory computer-readable medium comprising one or more computer-executable instructions that are executed by at least one processor of a computing device
A network
elements being virtual
a database
a payment server
steps being automatic
Alternative reality technology
A user device
These additional limitations, including the limitations in the dependent claims, do not amount to an inventive concept because they were already analyzed under Step 2A and did not amount to a practical application of the abstract idea. Therefore, the claims lack one or more limitations which amount to an inventive concept in the claims.
For these reasons, the claims are rejected under 35 U.S.C. 101.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejection – 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-3, 5-7, 10, 13-15, 18-24, and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over
Fujioka (US 20100211900 A1), hereinafter Fujioka, in view of Chung (US 20100082456 A1).
Regarding Claim 1, Fujioka discloses an improved e-commerce system comprising:
a game that is accessible via a network (Fujioka: “a virtual mall may present an online social community. This parallels the concept of a real world mall as a social networking point. The virtual mall of the present invention may be an extension of shopping as a Social activity. Thus, a virtual mall may provide shopping, as well as a place to interact with friends, or to obtain and/or purchase entertainment.” [0035] – “The virtual mall may thus provide virtual and/or online shopping, Social networking, multiplayer games, movies and entertainment and the like. A user may interact with other mall shoppers …while catching up on the latest gossip or entertainment news.” [0037] – The virtual mall resides on a server network [0048], and is accessible as a webpage [0024]),
wherein the game includes at least a first online store representation of a first physical world store (Fujioka: “The virtual mall … may include mechanisms of a real world mall such as … hallways, … and/or may include with many levels of shopping. …Users may browse through a virtual store in a manner similar to browsing in a real store. An avatar may enter the different stores and look through merchandise. …an automotive store may be provided by the mall to that user, with the shelves stocked with virtual and/or real/world parts” [0036-0038] – “a user may enter a fashion shopping environment…to be presented with available virtual clothing lines for the avatar. Such lines may be visually presented … on a shelf, for example, as would be the case in a real-world shopping for the real world user” [0029] – “Such storefronts may be linked to their existing webstores” [0051]);
wherein the first online store representation offers a first product or a first service to a first user for purchase from within the game (Fujioka: “a user may enter a fashion shopping environment…to be presented with available virtual clothing lines for the avatar. Such lines may be visually presented by piece of clothing, or pieces of clothing on a shelf, for example, as would be the case in a real-world shopping for the real world user correspondent [t]o the avatar.” [0029] – “Transactionable items may include new and used items, virtual and real world items, virtual and real world services, or any combination of such goods and services.” [0049]); and,
wherein:
if the first user selects the first product, a product purchase of the first product from the first online store representation results in both (1) the first product being purchased within the game and transferred to the first user in the game via alternate reality technology and (2) the first product being transferred in the physical world to the first user (Fujioka: “a user may enter a fashion shopping environment … the user may be presented with a series of major league baseball team jerseys for association with that user's avatar. Needless to say, the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey …Similarly, lines of pants, dresses, suits, shoes, and the like may be made available for use with avatars, and may in fact be made available for purchase by users for use with avatars.” [0029] – “upon purchase of a virtual item for association with the user's avatar, may present the user with an opportunity to purchase the same or similar article in the real world for real world use by the actual user …This may, of course, occur within an online store” [0030]);
if the first user selects the first service, a service purchase of the first service results in both (1) the first service being purchased within the game and (2) the first service being performed in the physicalIt is recognized that a real-world service, as compared to a virtual service, is one performed in the “real world.”);
wherein the first product or the first service is provided via alternate reality technology to a user device (Fujioka: “a virtual mall may present an online social community. This parallels the concept of a real world mall as a social networking point. The virtual mall of the present invention may be an extension of shopping as a Social activity. Thus, a virtual mall may provide shopping, as well as a place to interact with friends, or to obtain and/or purchase entertainment.” [0035]); and
wherein the system further comprises an in-game payment system comprising: a processor configured to execute computer-executable instructions (Fujioka: [0048], [0064]) for
maintaining a database of user payment accounts linked to gaming accounts (Fujioka: “the personal profile of the present invention may track habits, purchases, interests, friends, conversations, and the like, such as in a relational database including entries related to the user” [0066] – “information associated with the personal profile that may be relevant to the recommendation engine, such as a number of points (game, purchase, or credit points, for example) available for use, such as for an on-line purchasing or gaming environment, ” [0067] – “make use of available payment mechanisms, such as credit card, bank account, number of points, micropayments, or the like, in direct association with the personal profile of the user ” [0068]);
automatically contacting multiple physical world stores from which items were purchased during a single gaming session (Fujioka: “the virtual mall may include an intermediary merchant storefront, similar to a department store or the online Amazon.com® website. These storefronts may either sell third party branded, virtual and/or real world items, or they may re-brand or dual-brand such items for their own marketing purposes. These items may be new or used, for example. For ease of use, such storefronts may be linked to their existing webstores, or to other third party webstores, such that the users may effectively browse and shop ” [0051] – “the user may be presented with options such as Jones New York, Tommy Hilfiger, …, and such options may be presented as storefronts, … the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey just as the user might pay for the purchase of a real world jersey of that user's favorite baseball team in a real world store.” [0029]); and
coordinating payment processing via a payment server that processes both virtual currency transactions for in-game items and real-world currency transactions for physical products (Fujioka: “if the user wishes to buy the sports jersey for the avatar, the user may execute, such as via a single click, a purchase by a micropayment, wherein the micropayment may be deducted from the user account via the single screen associated with the avatar. Thereby, the present invention may additionally conveniently make use of available payment mechanisms, such as credit card, bank account, number of points, micropayments, or the like” [0068] – “Such items recommended for sale may include real or virtual items, and purchases may be made by typical payments, such as via points or credit card, or by micropayments, for example.” [0070] – It is recognized that as the user can purchase both real & virtual items with real-world & virtual currencies, they are able to purchase virtual items with virtual currency & real items with real-world currency.),
wherein the payment system tracks purchase patterns and generates targeted advertisements based on the combination of gaming behavior and purchasing history (Fujioka: “The upsell engine may operate, upon purchase of a virtual item for association with the user's avatar, may present the user with an opportunity to purchase the same or similar article in the real world for real world use by the actual user based on that user's known preference for that article as evidenced by the purchase of the virtual article for use with the user's avatar. ” [0030] – “upon logging into or entering a virtual mall, the user's interest may be assessed, and during a brief pause, certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar. Such a populator may be linked to the upsell engine discussed hereinabove” [0039]); and,
wherein the system includes pop-up store access control technology comprising: a processor configured to execute computer-executable instructions (Fujioka: [0048], [0064]) for
creating temporary virtual stores with limited user access thresholds (Fujioka: “the operator or “owner” of the virtual mall may optionally “lease” available space for a storefront, and a user may place their own storefront into the available space for a period of time” [0048] – “a championship game jersey may be offered for sale. Such a jersey may allow for the display of the championship game as a live or taped full video feed, or as highlights once the game is complete, for example. Such a jersey could have other attributes, such as, for example, an expiration date ” [0063] – “the auction storefronts may associate data indicative of incoming bids for items, or the remaining time before the auction closes” [0050]);
implementing temporal access windows that automatically make pop-up stores inaccessible after predetermined time periods, (Fujioka: “the operator or “owner” of the virtual mall may optionally “lease” available space for a storefront, and a user may place their own storefront into the available space for a period of time” [0048] – “a championship game jersey may be offered for sale. Such a jersey may allow for the display of the championship game as a live or taped full video feed, or as highlights once the game is complete, for example. Such a jersey could have other attributes, such as, for example, an expiration date ” [0063] – “the auction storefronts may associate data indicative of incoming bids for items, or the remaining time before the auction closes” [0050]); and,
wherein the representation of the first physical world store is one of a plurality of physical world stores and the representation of the first physical world store includes a first customizable subset of a larger group of physical world stores (Fujioka: “upon logging into or entering a virtual mall, the user's interest may be assessed, and … certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar.” [0039] – “The virtual mall may allow for a user, via the user avatar, to simulate the shopping experience … and may provide checkout across multiple stores” [0040]); and,
wherein a second user of the game has a second representation that includes a second customized subset that is different than the first customizable subset of the larger group of the plurality of physical world stores (Fujioka: “Users may browse through a virtual store …an avatar may enter different stores” [0037] – “upon logging into or entering a virtual mall, the user's interest may be assessed, and … certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar.” [0039] – “such a mall, and specifically the stores therein, may be modified in accordance with the … personal profile” [0069] – Examiner notes that a different user profile/interest will result in a different subset of stores. See also [0038]).
While Fujioka teaches temporary virtual “pop-up” stores [0048], it does not specifically teach maintaining a real-time user counter for each pop-up store; automatically restricting store access when predetermined user limits are reached; and wherein the pop-up store access control technology creates exclusive shopping experiences by limiting both user numbers and time availability.
However, Chung teaches a virtual shopping mall (Chung: [0019]), including:
maintaining a real-time user counter [inventory amount] for each pop-up store (Chung: “the shopper pays for the purchase from Storefront 2 through a payment service … SO1 then ships the Item 2 to the shopper and marks the order line as SHIPPED. This shipment reduces the inventory of that item, which is reflected in the database … programmatically adjust their storefronts to account for this change … if the inventory goes to zero, a given storefront can have a program executing at the common domain or elsewhere that causes a different item to appear in place of the out-of-inventory item, or that causes a notification to appear that the item will be available at another time” [0043]);
automatically restricting store access when predetermined user limits are reached (Chung: “the shopper pays for the purchase from Storefront 2 through a payment service … SO1 then ships the Item 2 to the shopper and marks the order line as SHIPPED. This shipment reduces the inventory of that item, which is reflected in the database … programmatically adjust their storefronts to account for this change … if the inventory goes to zero, a given storefront can have a program executing at the common domain or elsewhere that causes a different item to appear in place of the out-of-inventory item, or that causes a notification to appear that the item will be available at another time” [0043]); and
wherein the pop-up store access control technology creates exclusive shopping experiences by limiting both user numbers and time availability (Chung: “if the inventory goes to zero, a given storefront can have a program executing at the common domain or elsewhere that causes a different item to appear in place of the out-of-inventory item, or that causes a notification to appear that the item will be available at another time” [0043] – “establishing ad space at a given storefront and for leasing the ad space to other storefront owners. … display an ad that has been defined by a storeowner for inclusion in different areas, such as within a storefront” [0054-0055] – “the user selects a duration that another ad owner can rent the ad space provided by the ad widget purchased at block 420. In other words, the duration parameter defines the number of days that a renter can have its ad displayed through the owner's ad widget.” [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Fujioka would continue to teach creating temporary virtual stores with limited user access thresholds, except that now it would also teach maintaining a real-time user counter for each pop-up store; automatically restricting store access when predetermined user limits are reached; and wherein the pop-up store access control technology creates exclusive shopping experiences by limiting both user numbers and time availability, according to the teachings of Chung. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability to manage items for sale (Chung: [0026]).
Regarding Claim 2, Fujioka/Chung teach the e-commerce system according to claim 1 further including a representation of a second physical world store wherein the representation of the second physical world store offers at least one in-game purchase of a second product different than the first product or a second service different than the first service within the game (Fujioka: “an automotive store may be provided by the mall to that user, with the shelves stocked with virtual and/or real/world parts …adjacent to the automotive store may be a store directed to another interest of the user.” [0038-0039] – “a user may enter a fashion shopping environment … the user may be presented with a series of major league baseball team jerseys for association with that user's avatar. …Similarly, lines of pants, dresses, suits, shoes, and the like may be made available for use with avatars, and may in fact be made available for purchase by users for use with avatars.” [0029]).
Regarding Claim 3, Fujioka/Chung teach the e-commerce system according to claim 1 wherein the customizable subset is customizable to individual players or groups of players (Fujioka: “upon logging into or entering a virtual mall, the user's interest may be assessed, and … certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar.” [0039] – “such a mall, and specifically the stores therein, may be modified in accordance with the … personal profile” [0069]).
Regarding Claim 5, Fujioka/Chung teach the e-commerce system according to claim 1 wherein the representation of the plurality of physical world stores is organized as a mall within the game (Fujioka: “a virtual mall may present an online social community. This parallels the concept of a real world mall as a social networking point. The virtual mall of the present invention may be an extension of shopping as a Social activity. Thus, a virtual mall may provide shopping, as well as a place to interact with friends, or to obtain and/or purchase entertainment.” [0035] – “The virtual mall … may include mechanisms of a real world mall such as … hallways, … and/or may include with many levels of shopping” [0036]).
Regarding Claim 6, Fujioka/Chung teach the e-commerce system according to claim 1 wherein the representation of the first physical world store includes a store that is only available for a temporary time period (Fujioka: “such a mall, and specifically the stores therein, may be modified in accordance with the recommendations produced by the recommendation engine responsive to the personal profile, and/or responsive to changes thereto” [0069] – “if a user makes a click on a particular site, and a user's personal profile is known, the personal profile can be updated, and items can be recommended and/or sold to the user responsive to that update.” [0070] – “Furthermore, a pro team could make limited and/or special edition custom clothing and accessories available. Such as for special events or commemorations.” [0063]).
Regarding Claim 7, Fujioka/Chung teach the e-commerce system according to claim 1 wherein the representation of the first physical world store represents an event venue and the offer of at least one product or service to purchase from within the game includes an offer to purchase a ticket to an event or to purchase merchandise related to the event (Fujioka: “The virtual mall may … include mechanisms of a real world mall Such as elevators, escalators, shuttles, hallways, movie theaters, food courts and the like. …The virtual mall may thus provide virtual and/or online shopping, Social networking, multiplayer games, movies and entertainment” [0036-0037] – “a pro team could make limited and/or special edition custom clothing and accessories available. Such as for special events or commemorations. For example, a championship game jersey may be offered for sale. Such a jersey may allow for the display of the championship game as a live or taped full video feed, or as highlights once the game is complete” [0063]).
Regarding Claim 10, Fujioka/Chung teach the e-commerce system according to claim 1 further comprising an in- game payment system, wherein the in-game payment system may be used for purchases in at least two of the plurality of physical world stores within the game (Fujioka: “the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey” [0029] – “The virtual mall may allow for a user, via the user avatar, to simulate the shopping experience … and may provide checkout across multiple stores” [0040]).
Regarding Claim 12, Fujioka/Chung teach the e-commerce system, according to claim 1 further including a customizable avatar that navigates the representation of the first physical world store (Fujioka: “An avatar may enter different stores and look through merchandise. … A user may interact with other mall shoppers, in real time or on a time delay, and may include seeking the best deals in groups, or resting virtual feet at a food court while catching up on the latest gossip or entertainment news.” [0037] – “The virtual mall may … include mechanisms of a real world mall Such as elevators, escalators, shuttles, hallways, movie theaters, food courts and the like. Similarly the virtual mall may take the form of an indoor mall, and/or may include with many levels of shopping.” [0036]).
Regarding Claim 13, Fujioka discloses a method for making physical world purchase within an online game (Fujioka: “a virtual mall may present an online social community. This parallels the concept of a real world mall as a social networking point. The virtual mall of the present invention may be an extension of shopping as a Social activity. Thus, a virtual mall may provide shopping, as well as a place to interact with friends, or to obtain and/or purchase entertainment.” [0035] – “The virtual mall may thus provide virtual and/or online shopping, Social networking, multiplayer games, movies and entertainment and the like. A user may interact with other mall shoppers …while catching up on the latest gossip or entertainment news.” [0037] – The virtual mall resides on a server network [0048], and is accessible as a webpage [0024]), the method comprising:
providing a user an option to play a game-in-game within the online game (Fujioka: “The virtual mall … may include mechanisms of a real world mall such as … hallways, … and/or may include with many levels of shopping. …Users may browse through a virtual store in a manner similar to browsing in a real store. An avatar may enter the different stores and look through merchandise. …an automotive store may be provided by the mall to that user, with the shelves stocked with virtual and/or real/world parts” [0036-0038] – “the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey” [0029]);
offering options to the user in the game-in-game to allow the user to modify an avatar, pay an entrance fee, play against other users or groups of users, create a temporary avatar, or hire a mercenary for the game-in-game (Fujioka: “a user may enter a fashion shopping environment … the user may be presented with a series of major league baseball team jerseys for association with that user's avatar. Needless to say, the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey …Similarly, lines of pants, dresses, suits, shoes, and the like may be made available for use with avatars, and may in fact be made available for purchase by users for use with avatars.” [0029] – “allow a user to dress her avatar in team gear” [0063]);
providing a first set of virtual stores corresponding to a plurality of physical world stores within the online game (Fujioka: “The virtual mall … may include mechanisms of a real world mall such as … hallways, … and/or may include with many levels of shopping. …Users may browse through a virtual store in a manner similar to browsing in a real store. An avatar may enter the different stores and look through merchandise. …an automotive store may be provided by the mall to that user, with the shelves stocked with virtual and/or real/world parts” [0036-0038] – “a user may enter a fashion shopping environment…to be presented with available virtual clothing lines for the avatar. Such lines may be visually presented … on a shelf, for example, as would be the case in a real-world shopping for the real world user” [0029] – “Such storefronts may be linked to their existing webstores” [0051]),
wherein the first set of virtual stores is selectable by a first user of the online game (Fujioka: “An avatar may enter the different stores and look through merchandise. …an automotive store may be provided by the mall to that user, with the shelves stocked with virtual and/or real/world parts” [0036-0038] – “a user may enter a fashion shopping environment…to be presented with available virtual clothing lines for the avatar. Such lines may be visually presented … on a shelf, for example, as would be the case in a real-world shopping for the real world user” [0029]);
wherein the first set of virtual stores comprises a customizable subset of virtual stores from a larger set of virtual stores (Fujioka: “upon logging into or entering a virtual mall, the user's interest may be assessed, and … certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar.” [0039] – “such a mall, and specifically the stores therein, may be modified in accordance with the … personal profile” [0069]);
offering at least a first product for purchase within a first virtual store (Fujioka: “a user may enter a fashion shopping environment…to be presented with available virtual clothing lines for the avatar. Such lines may be visually presented by piece of clothing, or pieces of clothing on a shelf, for example, as would be the case in a real-world shopping for the real world user correspondent [t]o the avatar. …pants, dresses, suits, shoes, and the like may be made available for use with avatars, and may in fact be made available for purchase by users for use with avatars” [0029] – “Transactionable items may include new and used items, virtual and real world items, virtual and real world services, or any combination of such goods and services.” [0049]);
wherein, after the first user purchases the first product, the first product is provided to the first user within the online game via alternate reality technology to a user device (Fujioka: “a user may enter a fashion shopping environment … the user may be presented with a series of major league baseball team jerseys for association with that user's avatar. Needless to say, the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey …Similarly, lines of pants, dresses, suits, shoes, and the like may be made available for use with avatars, and may in fact be made available for purchase by users for use with avatars.” [0029]), and,
executing an in-game payment process comprising:
maintaining a database of user payment accounts linked to gaming accounts using a processor configured with computer-executable instructions (Fujioka: “the personal profile of the present invention may track habits, purchases, interests, friends, conversations, and the like, such as in a relational database including entries related to the user” [0066] – “information associated with the personal profile that may be relevant to the recommendation engine, such as a number of points (game, purchase, or credit points, for example) available for use, such as for an on-line purchasing or gaming environment, ” [0067] – “make use of available payment mechanisms, such as credit card, bank account, number of points, micropayments, or the like, in direct association with the personal profile of the user ” [0068] – The system is executed by computer processors [0048], [0064]);
automatically contacting multiple physical world stores from which items were purchased during a single gaming session (Fujioka: “the virtual mall may include an intermediary merchant storefront, similar to a department store or the online Amazon.com® website. These storefronts may either sell third party branded, virtual and/or real world items, or they may re-brand or dual-brand such items for their own marketing purposes. These items may be new or used, for example. For ease of use, such storefronts may be linked to their existing webstores, or to other third party webstores, such that the users may effectively browse and shop ” [0051] – “the user may be presented with options such as Jones New York, Tommy Hilfiger, …, and such options may be presented as storefronts, … the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey just as the user might pay for the purchase of a real world jersey of that user's favorite baseball team in a real world store.” [0029]); and
coordinating payment processing via a payment server that processes both virtual currency transactions for in-game items and real-world currency transactions for physical products (Fujioka: “if the user wishes to buy the sports jersey for the avatar, the user may execute, such as via a single click, a purchase by a micropayment, wherein the micropayment may be deducted from the user account via the single screen associated with the avatar. Thereby, the present invention may additionally conveniently make use of available payment mechanisms, such as credit card, bank account, number of points, micropayments, or the like” [0068] – “Such items recommended for sale may include real or virtual items, and purchases may be made by typical payments, such as via points or credit card, or by micropayments, for example.” [0070] – It is recognized that as the user can purchase both real & virtual items with real-world & virtual currencies, they are able to purchase virtual items with virtual currency & real items with real-world currency.),
wherein the payment process tracks purchase patterns and generates targeted advertisements based on the combination of gaming behavior and purchasing history (Fujioka: “The upsell engine may operate, upon purchase of a virtual item for association with the user's avatar, may present the user with an opportunity to purchase the same or similar article in the real world for real world use by the actual user based on that user's known preference for that article as evidenced by the purchase of the virtual article for use with the user's avatar. ” [0030] – “upon logging into or entering a virtual mall, the user's interest may be assessed, and during a brief pause, certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar. Such a populator may be linked to the upsell engine discussed hereinabove” [0039]); and,
implementing pop-up store access control comprising:
creating temporary virtual stores with limited user access thresholds using a processor configured with computer-executable instructions (Fujioka: “the operator or “owner” of the virtual mall may optionally “lease” available space for a storefront, and a user may place their own storefront into the available space for a period of time” [0048] – “a championship game jersey may be offered for sale. Such a jersey may allow for the display of the championship game as a live or taped full video feed, or as highlights once the game is complete, for example. Such a jersey could have other attributes, such as, for example, an expiration date ” [0063] – “the auction storefronts may associate data indicative of incoming bids for items, or the remaining time before the auction closes” [0050] – The system is executed by computer processors [0048], [0064]);
implementing temporal access windows that automatically make pop-up stores inaccessible after predetermined time periods (Fujioka: “the operator or “owner” of the virtual mall may optionally “lease” available space for a storefront, and a user may place their own storefront into the available space for a period of time” [0048] – “a championship game jersey may be offered for sale. Such a jersey may allow for the display of the championship game as a live or taped full video feed, or as highlights once the game is complete, for example. Such a jersey could have other attributes, such as, for example, an expiration date ” [0063] – “the auction storefronts may associate data indicative of incoming bids for items, or the remaining time before the auction closes” [0050]); and,
providing the first product in the physical world after the first user purchases the first product in the virtual store within the game (Fujioka: “upon purchase of a virtual item for association with the user's avatar, may present the user with an opportunity to purchase the same or similar article in the real world for real world use by the actual user …This may, of course, occur within an online store” [0030]).
While Fujioka teaches temporary virtual “pop-up” stores [0048], it does not specifically teach maintaining a real-time user counter for each pop-up store; automatically restricting store access when predetermined user limits are reached; and wherein the pop-up store access control creates exclusive shopping experiences by limiting both user numbers and time availability.
However, Chung teaches a virtual shopping mall (Chung: [0019]), including:
maintaining a real-time user counter [inventory amount] for each pop-up store (Chung: “the shopper pays for the purchase from Storefront 2 through a payment service … SO1 then ships the Item 2 to the shopper and marks the order line as SHIPPED. This shipment reduces the inventory of that item, which is reflected in the database … programmatically adjust their storefronts to account for this change … if the inventory goes to zero, a given storefront can have a program executing at the common domain or elsewhere that causes a different item to appear in place of the out-of-inventory item, or that causes a notification to appear that the item will be available at another time” [0043]);
automatically restricting store access when predetermined user limits are reached (Chung: “the shopper pays for the purchase from Storefront 2 through a payment service … SO1 then ships the Item 2 to the shopper and marks the order line as SHIPPED. This shipment reduces the inventory of that item, which is reflected in the database … programmatically adjust their storefronts to account for this change … if the inventory goes to zero, a given storefront can have a program executing at the common domain or elsewhere that causes a different item to appear in place of the out-of-inventory item, or that causes a notification to appear that the item will be available at another time” [0043]); and
wherein the pop-up store access control creates exclusive shopping experiences by limiting both user numbers and time availability (Chung: “if the inventory goes to zero, a given storefront can have a program executing at the common domain or elsewhere that causes a different item to appear in place of the out-of-inventory item, or that causes a notification to appear that the item will be available at another time” [0043] – “establishing ad space at a given storefront and for leasing the ad space to other storefront owners. … display an ad that has been defined by a storeowner for inclusion in different areas, such as within a storefront” [0054-0055] – “the user selects a duration that another ad owner can rent the ad space provided by the ad widget purchased at block 420. In other words, the duration parameter defines the number of days that a renter can have its ad displayed through the owner's ad widget.” [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Fujioka would continue to teach creating temporary virtual stores with limited user access thresholds, except that now it would also teach maintaining a real-time user counter for each pop-up store; automatically restricting store access when predetermined user limits are reached; and wherein the pop-up store access control creates exclusive shopping experiences by limiting both user numbers and time availability, according to the teachings of Chung. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability to manage items for sale (Chung: [0026]).
Regarding Claim 14, Fujioka/Chung teach the method according to claim 13 further including providing at least one hidden item that can only be purchased when a gamer performs a predetermined set of actions (Fujioka: “upon logging into or entering a virtual mall, the user's interest may be assessed, and during a brief pause, certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar.” [0039] – “a user may enter a fashion shopping environment … the user may be presented with a series of major league baseball team jerseys for association with that user's avatar. …Similarly, lines of pants, dresses, suits, shoes, and the like may be made available for use with avatars, and may in fact be made available for purchase by users for use with avatars.” [0029]).
Regarding Claim 15, Fujioka/Chung teach the method according to claim 13 further including providing at least one hidden store that can only be accessed when a gamer performs a predetermined set of actions (Fujioka: “upon logging into or entering a virtual mall, the user's interest may be assessed, and during a brief pause, certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar.” [0039] – “a user may enter a fashion shopping environment … the user may be presented with a series of major league baseball team jerseys for association with that user's avatar. …Similarly, lines of pants, dresses, suits, shoes, and the like may be made available for use with avatars, and may in fact be made available for purchase by users for use with avatars.” [0029]).
Regarding Claim 18, Fujioka/Chung teach the method according to claim 13 further including providing an avatar for the gamer to navigate the first set of virtual stores (Fujioka: “An avatar may enter different stores and look through merchandise. … A user may interact with other mall shoppers, in real time or on a time delay, and may include seeking the best deals in groups, or resting virtual feet at a food court while catching up on the latest gossip or entertainment news.” [0037] – “The virtual mall may … include mechanisms of a real world mall Such as elevators, escalators, shuttles, hallways, movie theaters, food courts and the like. Similarly the virtual mall may take the form of an indoor mall, and/or may include with many levels of shopping.” [0036]).
Regarding Claim 19, Fujioka/Chung teach the method according to claim 18 wherein the avatar interacts with other avatars within the game such that the first user may speak with other gamers via the avatars (Fujioka: “An avatar may enter different stores and look through merchandise. … A user may interact with other mall shoppers, in real time or on a time delay, and may include seeking the best deals in groups, or resting virtual feet at a food court while catching up on the latest gossip or entertainment news.” [0037] – “a virtual mall may provide shopping, as well as a place to interact with friends” [0035] – “various storefronts for users to enter and interact with each other via their avatars.” [0048] – See also [0038] “chat”).
Regarding Claim 20, Fujioka/Chung teach the method according to claim 18 wherein the avatar interacts with other avatars within the game such that the first user may invite other gamers, via the avatars, to navigate the game together (Fujioka: “A user may interact with other mall shoppers, in real time or on a time delay, and may include seeking the best deals in groups” [0037] – “various storefronts for users to enter and interact with each other via their avatars.” [0048]).
Regarding Claim 21, Fujioka/Chung teach the method according to claim 13 wherein the purchase is made with an in-game payment system (Fujioka: “the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey” [0029] – “The virtual mall may allow for a user, via the user avatar, to simulate the shopping experience … and may provide checkout across multiple stores” [0040]).
Regarding Claim 22, Fujioka/Chung teach the method according to claim 13 further providing at least one additional game within the online game (Fujioka: “The virtual mall may thus provide virtual and/or online shopping, Social networking, multiplayer games, movies and entertainment and the like. A user may interact with other mall shoppers …while catching up on the latest gossip or entertainment news.” [0037]).
Regarding Claim 23, Fujioka/Chung teach the method according to claim 13 wherein the first set of virtual stores selectable by the first user is selected from a larger set of virtual stores available within the game (Fujioka: “upon logging into or entering a virtual mall, the user's interest may be assessed, and … certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar.” [0039] – “The virtual mall may allow for a user, via the user avatar, to simulate the shopping experience … and may provide checkout across multiple stores” [0040]).
Regarding Claim 24, Fujioka discloses a non-transitory computer-readable medium comprising one or more computer-executable instructions that, when executed by at least one processor of a computing device (Fujioka: [0048]), cause the computing device to:
connect a first user to a game via a network (Fujioka: “a virtual mall may present an online social community. This parallels the concept of a real world mall as a social networking point. The virtual mall of the present invention may be an extension of shopping as a Social activity. Thus, a virtual mall may provide shopping, as well as a place to interact with friends, or to obtain and/or purchase entertainment.” [0035] – “The virtual mall may thus provide virtual and/or online shopping, Social networking, multiplayer games, movies and entertainment and the like. A user may interact with other mall shoppers …while catching up on the latest gossip or entertainment news.” [0037] – The virtual mall resides on a server network [0048], and is accessible as a webpage [0024]);
enter a virtual store within the game and make a purchase of at least a first product within the game (Fujioka: “An avatar may enter the different stores and look through merchandise. …an automotive store may be provided by the mall to that user, with the shelves stocked with virtual and/or real/world parts” [0036-0038] – “a user may enter a fashion shopping environment…to be presented with available virtual clothing lines for the avatar. Such lines may be visually presented … on a shelf, for example, as would be the case in a real-world shopping for the real world user … the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey” [0029]); and,
deliver payment for the purchase of the first product within the game (Fujioka: “the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey” [0029] – “purchases for the avatar and/or the use of the avatar to make real world purchases may be fully micropayment and mobile enabled. Such as through the use of one or more known micropayment solutions,” [0064]);
execute in-game payment instructions comprising:
maintain a database of user payment accounts linked to gaming accounts (Fujioka: “the personal profile of the present invention may track habits, purchases, interests, friends, conversations, and the like, such as in a relational database including entries related to the user” [0066] – “information associated with the personal profile that may be relevant to the recommendation engine, such as a number of points (game, purchase, or credit points, for example) available for use, such as for an on-line purchasing or gaming environment, ” [0067] – “make use of available payment mechanisms, such as credit card, bank account, number of points, micropayments, or the like, in direct association with the personal profile of the user ” [0068]);
automatically contact multiple physical world stores from which items were purchased during a single gaming session (Fujioka: “the virtual mall may include an intermediary merchant storefront, similar to a department store or the online Amazon.com® website. These storefronts may either sell third party branded, virtual and/or real world items, or they may re-brand or dual-brand such items for their own marketing purposes. These items may be new or used, for example. For ease of use, such storefronts may be linked to their existing webstores, or to other third party webstores, such that the users may effectively browse and shop ” [0051] – “the user may be presented with options such as Jones New York, Tommy Hilfiger, …, and such options may be presented as storefronts, … the user may then select the baseball jersey of that user's favorite team, and may in fact pay, such as through the use of a micropayment, for the use of that virtual jersey just as the user might pay for the purchase of a real world jersey of that user's favorite baseball team in a real world store.” [0029]); and
coordinate payment processing via a payment server that processes both virtual currency transactions for in-game items and real-world currency transactions for physical products (Fujioka: “if the user wishes to buy the sports jersey for the avatar, the user may execute, such as via a single click, a purchase by a micropayment, wherein the micropayment may be deducted from the user account via the single screen associated with the avatar. Thereby, the present invention may additionally conveniently make use of available payment mechanisms, such as credit card, bank account, number of points, micropayments, or the like” [0068] – “Such items recommended for sale may include real or virtual items, and purchases may be made by typical payments, such as via points or credit card, or by micropayments, for example.” [0070] – It is recognized that as the user can purchase both real & virtual items with real-world & virtual currencies, they are able to purchase virtual items with virtual currency & real items with real-world currency.),
wherein the payment instructions track purchase patterns and generate targeted advertisements based on the combination of gaming behavior and purchasing history (Fujioka: “The upsell engine may operate, upon purchase of a virtual item for association with the user's avatar, may present the user with an opportunity to purchase the same or similar article in the real world for real world use by the actual user based on that user's known preference for that article as evidenced by the purchase of the virtual article for use with the user's avatar. ” [0030] – “upon logging into or entering a virtual mall, the user's interest may be assessed, and during a brief pause, certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar. Such a populator may be linked to the upsell engine discussed hereinabove” [0039]); and
execute pop-up store access control instructions comprising:
create temporary virtual stores with limited user access thresholds (Fujioka: “the operator or “owner” of the virtual mall may optionally “lease” available space for a storefront, and a user may place their own storefront into the available space for a period of time” [0048] – “a championship game jersey may be offered for sale. Such a jersey may allow for the display of the championship game as a live or taped full video feed, or as highlights once the game is complete, for example. Such a jersey could have other attributes, such as, for example, an expiration date ” [0063] – “the auction storefronts may associate data indicative of incoming bids for items, or the remaining time before the auction closes” [0050]); and
implement temporal access windows that automatically make pop-up stores inaccessible after predetermined time periods (Fujioka: “the operator or “owner” of the virtual mall may optionally “lease” available space for a storefront, and a user may place their own storefront into the available space for a period of time” [0048] – “a championship game jersey may be offered for sale. Such a jersey may allow for the display of the championship game as a live or taped full video feed, or as highlights once the game is complete, for example. Such a jersey could have other attributes, such as, for example, an expiration date ” [0063] – “the auction storefronts may associate data indicative of incoming bids for items, or the remaining time before the auction closes” [0050]); and
wherein the first product is provided via alternate reality technology to a user device of the first user, the first
wherein the virtual store is one store of a first set of virtual stores corresponding to a plurality of physical world stores to display within the game for a first user, wherein the first set is a subset of all available stores for display within the game (Fujioka: “upon logging into or entering a virtual mall, the user's interest may be assessed, and … certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar.” [0039] – “The virtual mall may allow for a user, via the user avatar, to simulate the shopping experience … and may provide checkout across multiple stores” [0040]), and
wherein a second user of the game has a second set of virtual stores that differs from the first set of virtual stores by at least one store (Fujioka: “Users may browse through a virtual store …an avatar may enter different stores” [0037] – “upon logging into or entering a virtual mall, the user's interest may be assessed, and … certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar.” [0039] – “such a mall, and specifically the stores therein, may be modified in accordance with the … personal profile” [0069] – Examiner notes that a different user profile/interest will result in a different subset of stores. See also [0038]).
While Fujioka teaches temporary virtual “pop-up” stores [0048], it does not specifically teach maintaining a real-time user counter for each pop-up store; automatically restricting store access when predetermined user limits are reached; and wherein the pop-up store access control instructions creates exclusive shopping experiences by limiting both user numbers and time availability.
However, Chung teaches a virtual shopping mall (Chung: [0019]), including:
maintaining a real-time user counter [inventory amount] for each pop-up store (Chung: “the shopper pays for the purchase from Storefront 2 through a payment service … SO1 then ships the Item 2 to the shopper and marks the order line as SHIPPED. This shipment reduces the inventory of that item, which is reflected in the database … programmatically adjust their storefronts to account for this change … if the inventory goes to zero, a given storefront can have a program executing at the common domain or elsewhere that causes a different item to appear in place of the out-of-inventory item, or that causes a notification to appear that the item will be available at another time” [0043]);
automatically restricting store access when predetermined user limits are reached (Chung: “the shopper pays for the purchase from Storefront 2 through a payment service … SO1 then ships the Item 2 to the shopper and marks the order line as SHIPPED. This shipment reduces the inventory of that item, which is reflected in the database … programmatically adjust their storefronts to account for this change … if the inventory goes to zero, a given storefront can have a program executing at the common domain or elsewhere that causes a different item to appear in place of the out-of-inventory item, or that causes a notification to appear that the item will be available at another time” [0043]); and
wherein the pop-up store access control instructions creates exclusive shopping experiences by limiting both user numbers and time availability (Chung: “if the inventory goes to zero, a given storefront can have a program executing at the common domain or elsewhere that causes a different item to appear in place of the out-of-inventory item, or that causes a notification to appear that the item will be available at another time” [0043] – “establishing ad space at a given storefront and for leasing the ad space to other storefront owners. … display an ad that has been defined by a storeowner for inclusion in different areas, such as within a storefront” [0054-0055] – “the user selects a duration that another ad owner can rent the ad space provided by the ad widget purchased at block 420. In other words, the duration parameter defines the number of days that a renter can have its ad displayed through the owner's ad widget.” [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Fujioka would continue to teach creating temporary virtual stores with limited user access thresholds, except that now it would also teach maintaining a real-time user counter for each pop-up store; automatically restricting store access when predetermined user limits are reached; and wherein the pop-up store access control instructions creates exclusive shopping experiences by limiting both user numbers and time availability, according to the teachings of Chung. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability to manage items for sale (Chung: [0026]).
Regarding Claim 26, Fujioka/Chung teach the non-transitory computer-readable medium according to claim 24 further comprising one or more computer-executable instructions that cause the computing device to create a mall within the game for the first user including only the first set of virtual stores, and create a mall within the game for the second user including only the selected set of virtual stores (Fujioka: “upon logging into or entering a virtual mall, the user's interest may be assessed, and … certain stores, or an entire mall, may be modified, added, removed, or otherwise populated to match the purchasing interests of the user, and/or for the user's avatar.” [0039] – “such a mall, and specifically the stores therein, may be modified in accordance with the … personal profile” [0069] – It is recognized that a user with a different profile would receive a different subset of stores.).
Regarding Claim 27, Fujioka/Chung teach the non-transitory computer-readable medium according to claim 24 further comprising one or more computer-executable instructions that cause the computing device to
provide an avatar for a first gamer, wherein the avatar is customizable by the first user (Fujioka: “creation of a typical avatar in accordance with the present invention may include the association of physical features, such as facial and hair, with the subject avatar,” [0025] – “a user may enter a fashion shopping environment … the user may be presented with a series of major league baseball team jerseys for association with that user's avatar.” [0029]), and
provide another avatar for a second user, wherein the avatar is customizable by the second user (Fujioka: “various storefronts for users to enter and interact with each other via their avatars.” [0048] – “creation of a typical avatar in accordance with the present invention may include the association of physical features, such as facial and hair, with the subject avatar,” [0025] – “a user may enter a fashion shopping environment … the user may be presented with a series of major league baseball team jerseys for association with that user's avatar.” [0029]).
Regarding Claim 28, Fujioka/Chung teach the non-transitory computer-readable medium according to claim 27 further comprising one or more computer-executable instructions that cause the computing device to enable the first user to interact with the second user via the avatar and the another avatar (Fujioka: “a virtual mall may present an online social community. This parallels the concept of a real world mall as a social networking point. The virtual mall of the present invention may be an extension of shopping as a Social activity. Thus, a virtual mall may provide shopping, as well as a place to interact with friends, or to obtain and/or purchase entertainment.” [0035] – “user may interact with other mall shoppers …while catching up on the latest gossip or entertainment news.” [0037] – “various storefronts for users to enter and interact with each other via their avatars.” [0048]).
Claims 8-9, 16-17, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Fujioka/Chung, in view of Rosado (US 20180342106 A1), hereinafter Rosado.
Regarding Claim 8, Fujioka/Chung teach the e-commerce system according to claim 7, but does not specifically teach that the ticket provides access to a physical world venue.
However, Rosado teaches a virtual reality game/online virtual world for purchasing and events (Rosado: Abstract), including that the ticket provides access to a physical world venue (Rosado: “the system 100 may enable users to participate in live events remotely via the rendered version of the live event in the client application program. For example , the user may purchase a ticket for the event , but may participate and experience the virtual version of the event using the client application . Once a ticket is purchased and / or obtained , the user may be transported to the virtual version of the venue for that specific event in the virtual world.” [0096] – See also [0119-0120], which provide specific details on how the real world venue is made virtually accessible to the user.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Fujioka/Chung would continue to teach that the offer of at least one product or service to purchase from within the game includes an offer to purchase a ticket to an event or to purchase merchandise related to the event, except that now it would also teach the ticket provides access to a physical world venue, according to the teachings of Rosado. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability for users to interact and participate in events (Rosado: [0004]).
Regarding Claim 9, Fujioka/Chung/Rosado teach the e-commerce system according to claim 8. While Fujioka/Chung do not specifically teach that the ticket provides access to an in-game event,
Rosado teaches that the ticket provides access to an in-game event (Rosado: “digital versions of events and activities in the digital world; rendering a performer at an event or activity into the digital world…generating an in-game phone user interface that is rendered within the digital world” [0117]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Rosado with Fujioka/Chung for the reasons identified above with respect to claim 8.
Regarding Claim 16, Fujioka/Chung the method according to claim 13, but does not specifically teach that the first product is a ticket to an event and the event is held in a physical world venue.
However, Rosado teaches a virtual reality game/online virtual world for purchasing and events (Rosado: Abstract), including that the first product is a ticket to an event and the event is held in a physical world venue (Rosado: “the system 100 may enable users to participate in live events remotely via the rendered version of the live event in the client application program. For example , the user may purchase a ticket for the event , but may participate and experience the virtual version of the event using the client application . Once a ticket is purchased and / or obtained , the user may be transported to the virtual version of the venue for that specific event in the virtual world.” [0096] – See also [0119-0120]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Fujioka/Chung would continue to teach offering at least a first product for purchase within a first virtual store, except that now it would also teach that the first product is a ticket to an event and the event is held in a physical world venue, according to the teachings of Rosado. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability for users to interact and participate in events (Rosado: [0004]).
Regarding Claim 17, Fujioka/Chung/Rosado teach the method according to claim 16 but Fujioka/Chung do not teach that the event is held in a venue within the game.
However, Rosado teaches that the event is held in a venue within the game (Rosado: “digital versions of events and activities in the digital world; rendering a performer at an event or activity into the digital world…generating an in-game phone user interface that is rendered within the digital world” [0117]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Fujioka/Chung with Rosado for the reasons identified above with respect to claim 16.
Regarding Claim 29, Fujioka/Chung teach the non-transitory computer-readable medium according to claim 24 but does not specifically teach one or more computer-executable instructions that cause the computing device to provide 3-dimensional game play.
However, Rosado teaches a virtual reality game/online virtual world for purchasing and events (Rosado: Abstract), including causing the computing device to provide 3-dimensional game play (Rosado: “creating a visualizing of a recorded event in a three-dimensional (3D) space in real-time.” [0034] – “The user may do this by walking the user ' s avatar up to a virtual world object” [0085] – See also [0144]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Fujioka/Chung would continue to teach connect a first user to a game via a network, except that now it would also teach causing the computing device to provide 3-dimensional game play, according to the teachings of Rosado. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability for users to interact and participate in events (Rosado: [0004]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Fujioka/Chung, in view of Denham (US 20160292966 A1), hereinafter Denham.
Regarding Claim 11, Fujioka/Chung the e-commerce system according to claim 1, including an ability to provide checkout across multiple stores (Fujioka: [0040]) and pay for selected items (Fujioka: [0029]), but does not specifically teach that the system further includes a shopping cart, wherein selected purchases are placed into the shopping cart prior to payment and wherein the selected purchases within the shopping cart may be paid for after leaving one or more of the plurality of stores.
However, Denham teaches a virtual shopping experience (Denham: Abstract), including a shopping cart, wherein selected purchases are placed into the shopping cart prior to payment and wherein the selected purchases within the shopping cart may be paid for after leaving one or more of the plurality of stores (Denham: “The virtual shopping environment resembles a real world shopping environment, wherein the avatar actually pushes or uses a shopping cart to shop and store items for purchase through the virtual shopping environment. The virtual shopping environment includes virtual stores” [0055] – “virtual shopping environment 18 shows a user pushing a shopping cart module 20 including products or objects, disposed within the shopping cart module, the user wishes to purchase at the end of shopping. The products or objects may be delivered to the user's physical location after purchase.” [0065]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because the results would be predictable. Specifically, Fujioka/Chung would continue to teach an ability to provide checkout across multiple stores, except that now it would also teach a shopping cart, wherein selected purchases are placed into the shopping cart prior to payment and wherein the selected purchases within the shopping cart may be paid for after leaving one or more of the plurality of stores, according to the teachings of Denham. This is a predictable result of the combination.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to combine these references because it would result in an improved ability for virtual shopping that resembles a real world environment (Denham: [0055]).
Response to Arguments
Applicant's arguments filed 9/30/2025 have been fully considered but they are not persuasive.
Claim Rejection – 35 USC §101
Applicant argues that “like the improvement in the claim of Example 37, Claim 1 of the present application improves the functionality of a system by allowing a user to purchase a virtual product in an online store and have a virtual product delivered both to the user online and a physical version of the virtual product delivered to the physical address of the user in the physical world.” Applicant further argues that “just like in Enfish, the claims here are directed to a specific improvement to compute functionality.”
Examiner respectfully disagrees. With reference to the rejection above, the claims recite steps for gamified purchasing, including purchasing an in-game version of a product and receiving a second, physical copy, which fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in MPEP 2106, in that they recite commercial interactions, e.g. sales activities/behaviors, and managing personal behavior or relationships or interactions between people, e.g., following rules or instructions. Whereas Example 37 relates to “action by a processor that cannot be practically applied in the mind,” specifically with regards to analyzing the memory-allocation of a computer by the processor of said computer, the pending claims merely invoke the additional elements to provide a general linking to computer technology, e.g. online games.
Applicant further argues that the claims “provide specific solutions to technological problems in multi-platform commerce integration,” namely that the claimed invention “solves the technical challenge of coordinating transactions across multiple vendors within a gaming environment while maintaining behavioral analytics capabilities,” with “the pop-up store access control technology address[ing] the technical problem of managing exclusive access to virtual retail environments through real-time user counting and temporal restrictions.”
Examiner disagrees. With reference to the rejection above, the argued ability to manage exclusive access to retail environments through user counting and temporal restrictions, and coordinating transactions across multiple vendors while generating advertisements “based on the combination of gaming behavior and purchasing history” are part of the abstract idea itself, such that they are at best business improvements rather than technological ones. The additional elements, e.g. the game being virtual, the stores being online, etc., amount to mere instructions to apply the abstract idea to a technological environment [MPEP 2106.05(f)].
Applicant further argues that the claims provide a “novel technical combination” and reiterates the above arguments regarding an alleged “technological solution to technological problems,” arguing that the claims provide “concrete technological solutions.”
Examiner disagrees. Similar to the discussion above, the claimed improvements are rooted solely in the abstract idea, with the additional elements amounting to mere instructions to apply the abstract idea to a technological environment [MPEP 2106.05(f)]. At best, the additional elements provide only the improved speed or efficiency inherent in a generic computer [MPEP 2106.05(a)].
Claim Rejection – 35 USC §§102 & 103
Applicant argues that rather than teaching “a product as claimed that is transferred to the first user in the game and transferred in the physical world to the first user,” Fujioka “specifies that a user can purchase a product in a virtual store for the avatar and separately be presented an opportunity to purchase the same or similar article in the real world.” Applicant argues that this is not done “through a single purchase as claimed.”
Examiner disagrees. The claim recites that “if the first user selects the first product, a product purchase of the first product from the first online store representation results in both (1) the first product being purchased within the game and transferred to the first user in the game via alternate reality technology and (2) the first product being transferred in the physical world to the first user.” In the rejection above, Fujioka teaches that a user may be presented with virtual products, such as jerseys, and may select and pay for one to be used by their avatar. [0029] Upon performing this purchase, i.e. as a result of this purchase, the user is presented the opportunity to purchase the same item in the real world for “real world user by the actual user,” from “within the online store” [0030] Thus, the user’s selection and purchase of the virtual product causes the user to acquire it for use by the avatar, and causes the user to be able to purchase a physical version for user by themselves. The claims do not recite a “single transaction” as argued, only that the purchase of the virtual product “results in” the use acquiring both the virtual and physical versions of the product – Fujioka teaches exactly this, with the purchase of the physical product being conditional on the purchase of the virtual version, such that the purchase of the virtual version can “result in” the user also acquiring the physical version.
Applicant further argues that the applied art does not teach “the ability to play a game within a game.”
Examiner disagrees. With reference to the rejection above, Fujioka provides the ability for “offering options to the user in the game-in-game to allow the user to modify an avatar” by allowing a user to navigate a shopping mall, such as by providing a means for interacting with friends [0035], engage with other shoppers [0037], and explore a virtual space with products [0029], including purchasing virtual products “for use with avatars [0029], such as allowing the user to “dress her avatar in” purchased products [0063].
Applicant further argues that “Rosada [sic] does not teach or suggest providing a virtual store with a product …” and remarks upon an embodiment involving a bracelet to argue that the art does not teach the limitations it is applied to.
Examiner disagrees. With reference to the rejection above, Rosado is not relied upon to teach provision of a virtual store with a product, nor is the embodiment involving a bracelet design cited. Rather, Rosado teaches that the ticket, as taught by Fujioka, can provide virtual access to a physical venue [0096]or to an in-game event [0117], as well as that gameplay can occur “in a three-dimensional (3D) space in real-time.” [0034]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Mianji (US 20130296046 A1) teaches in-game shopping for real goods.
Siddique et al (US 20130215116 A1) teaches virtual shopping that may correspond to a specific real-world store’s inventory and layout.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/T.J.S./Examiner, Art Unit 3689
/MARISSA THEIN/Supervisory Patent Examiner, Art Unit 3689
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