DETAILED ACTION
Status of Claims
Claims 1, 8, and 15 are currently amended.
Claims 1-20 are currently pending and have been examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/04/2025, 10/23/2025, 12/03/2025, and 01/21/2026 is being considered by the examiner.
Response to Arguments
35 USC 103
Applicant's arguments and amendments filed 10/27/2025 with respect to the 35 USC 103 rejection have been fully considered but they are not persuasive. Applicant argues that Todd does not disclose “wherein the particular GTIF product token is generated to comprise social relationship data of a product creator, using one or more of: … SIFT, SLAM or SURF.” Examiner respectfully disagrees. Todd discloses wherein the particular GTIF is generated to comprise social relationship data of a product creator, using one ore more SIFT, SLAM, or SURF. See at least paragraphs [0037], [0055] disclosing insight and insight lineage graph obtained and each node pertaining to given object includes insight component metadata stored thereon or information descriptive of the insight component and/or the references given object, [0059] disclosing insight metadata including any user/author metadata including roles and social networks, [0082] using SIFT to examine/analyze tow items of data/information, Figs. 2A-2D disclosing graph of transform invariant feature sand various nodes, [0084], [0086], [0104].
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1-20 is/are rejected under 35 U.S.C. 103 as being obvious over Luo et al. (US 2021/0312533) in view of Beaver, III et al. (US 2022/0318874), and further in view of Todd et al. (US 2024/0257018).
The applied reference has a common assignee/inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding Claims 1, 8, and 15, Luo discloses A method comprising: (See at least Fig. 1, paragraph [0034]-[0035], [0198], [0240])
using a client application executing on a user device, generating a user interface configured to receive one or more user characteristics; (See at least Fig. 1, paragraphs [0034]-[0035], [0037] disclosing client device hosts a messaging client application, user interfaces of the messaging client application, receiving data from the messaging client application, [0162], [0179], and [0181]-[0182] disclosing facial characteristics, facial features, skin type, type of eyelashes, dry eyes, etc. can be provide by user selection through an interface of the messaging application)
wherein the one or more user characteristics have been associated with one or more corresponding graph of transform invariant features product-tokens (GTIF product-tokens); (See at least paragraphs [0013], [0031], [0105]-[0108], [0116], [0118], [0119], [0201], [0245] disclosing GTIF product tokens, [0041], [0055]-[0056], [0075] disclosing database stores entity graph, identifying other entities and interests of a particular user, entities include individuals or objects, each entity is provided with a unique identifier as well as an entity type identifier, the entity graph furthermore stores information regarding relationships and associations between entities, [0060], [0112], and [0140] disclosing objects can be any non-living thing, e.g., cars, chairs, etc.; physical objects including physical items, e.g., a beauty product box; objects can be physical items corresponding to products and a physical identification indicator, [0158] disclosing using a client device to scan a user’s face (e.g., using the camera on the client device) and using machine learning techniques to identify facial characteristics (e.g., face shape) and, based on user input or preferences, determine which products to suggest of provide for presentation to the user on the display of the client device, [0202] disclosing the product identification module extracts product metadata based on the determined object; comparing the identified object to a library of objects, each object form the library of objects including associated metadata with product information corresponding to a product, [0227] disclosing an object corresponding to a representation of a particular body part of a user)
receiving, by the client application executing on the user device, via the user interface, a particular characteristic of the one or more user characteristics; (See at least paragraphs [0013], [0031], [0105]-[0108], [0116], [0118], [0119], [0201], [0245] disclosing GTIF product tokens, [0041], [0055]-[0056], [0075] disclosing database stores entity graph, identifying other entities and interests of a particular user, entities include individuals or objects, each entity is provided with a unique identifier as well as an entity type identifier, the entity graph furthermore stores information regarding relationships and associations between entities, [0060], [0112], and [0140] disclosing objects can be any non-living thing, e.g., cars, chairs, etc.; physical objects including physical items, e.g., a beauty product box; objects can be physical items corresponding to products and a physical identification indicator, [0158] disclosing using a client device to scan a user’s face (e.g., using the camera on the client device) and using machine learning techniques to identify facial characteristics (e.g., face shape) and, based on user input or preferences, determine which products to suggest of provide for presentation to the user on the display of the client device, [0202] disclosing the product identification module extracts product metadata based on the determined object; comparing the identified object to a library of objects, each object form the library of objects including associated metadata with product information corresponding to a product, [0227] disclosing an object corresponding to a representation of a particular body part of a user)
determining, by the client application, a particular GTIF product-token associated with the particular characteristic of the one or more user characteristics; (See at least paragraphs [0013], [0031], [0105]-[0108], [0116], [0118], [0119], [0201], [0245] disclosing GTIF product tokens, [0041], [0055]-[0056], [0075] disclosing database stores entity graph, identifying other entities and interests of a particular user, entities include individuals or objects, each entity is provided with a unique identifier as well as an entity type identifier, the entity graph furthermore stores information regarding relationships and associations between entities, [0060], [0112], and [0140] disclosing objects can be any non-living thing, e.g., cars, chairs, etc.; physical objects including physical items, e.g., a beauty product box; objects can be physical items corresponding to products and a physical identification indicator, [0158] disclosing using a client device to scan a user’s face (e.g., using the camera on the client device) and using machine learning techniques to identify facial characteristics (e.g., face shape) and, based on user input or preferences, determine which products to suggest of provide for presentation to the user on the display of the client device, [0202]\ disclosing the product identification module extracts product metadata based on the determined object; comparing the identified object to a library of objects, each object form the library of objects including associated metadata with product information corresponding to a product, [0227] disclosing an object corresponding to a representation of a particular body part of a user); wherein the product token is generated using one or more of: a scale-invariant feature transform feature recognition method (SIFT),a simultaneous localization and mapping feature recognition method (SLAM), or a speed up robust features feature recognition method (SURF) (See at least paragraph [0167] disclosing SIFT and SURF objection recognition techniques);
determining whether the particular GTIF product-token, associated with the particular characteristic, matches a particular pair of a set of GTIF product-token pairs; (See at least paragraph [0075] disclosing the product table includes a directory (e.g., listing) of products and their associated product identifiers, which can be compared against product metadata provided i.e., a product identifier which can be utilized as part of a process for providing an automated reality experience in connection with the product, [0108]-[0109] disclosing the product catalogue system can receive at least the product ID and perform a lookup, search, or select operation of the product table to retrieve the product metadata form the database. The product catalogue system then provides the product catalogue system with the aforementioned product metadata, the product catalogue system can send a request message to a respective server for obtaining metadata related to a given physical item, the request message may include for example, the product ID in reposen to the request message, the product catalogue service system can perform a search or database query, based on the included product ID in the request message for information or metadata related to the physical item, [0143] disclosing product metadata for a given product can include information from different categories/sources, including product description and/or other similar products)
wherein the set of GTIF product-token pairs comprises one or more of: a pair comprising a known GTIF product-token and a location data determined for a location of a user device, a pair comprising known GTIF product-token associated with a user of the user device and one or more social relationships defined for the user, a pair comprising known time based data associated with one or more events defined for the user and the one or more events, a pair comprising a known GTIF product-token and a representation of a physical object detected by a camera or sensors and communicated to the user device, or a pair comprising a known GTIF product-token and a representation of a digital object provided by the user device; (See at least paragraph [0060], [0107} disclosing the metadata to include location information (e.g., GPS coordinates to determine a particular reseller or retail, or geographic region corresponding to the physical item, [0055]-[0056] disclosing the entity table in the database storing entity data, including places and events and information regarding relationship and associations between the entities, said relationships may be social)
in response to determining that the particular GTIF product-token matches the particular pair, determining particular additional content based on the particular pair, and displaying the particular additional content on the user device; (See at least paragraph [0110] disclosing based at least on information retrieved from the database related to the product, the client device can provide for display (e.g., rendering on a UI of the messaging client application) an AR experience for the product)
Luo does not expressly provide for a custom product; generating manufacturing instructions for manufacturing a physical product corresponding to the custom product including the particular additional content; encoding information about the particular GTIF product-token in the manufacturing instructions; transmitting the manufacturing instructions, having the information about the particular GTIF product-token encoded in the manufacturing instructions, to a manufacturer; causing the manufacturer to: generate a physical product-token based on the information about the particular GTIF product-token encoded in the manufacturing instructions; and embed the physical product-token onto the physical product.
However, Beaver discloses a custom product; generating manufacturing instructions for manufacturing a physical product corresponding to the custom product including the particular additional content; encoding information about the particular GTIF product-token in the manufacturing instructions; transmitting the manufacturing instructions, having the information about the particular GTIF product-token encoded in the manufacturing instructions, to a manufacturer; causing the manufacturer to: generate a physical product-token based on the information about the particular GTIF product-token encoded in the manufacturing instructions; and embed the physical product-token onto the physical product. (See at least paragraph [0002] disclosing embedding tokens in physical products, [0058] disclosing token affixed, attached, or printed as label and shown on physical product, [0079] disclosing generating manufacturing instructions to manufacture final products and generate tokens that allow recipients to attach tokens or depict on final products, [0130] disclosing communicating manufacturing instructions that allow for communicating manufacturing data tool/machine codes, etc., [0164] disclosing digital token can be embedding with product description data that can be used to generate manufacturing instructions, [0223]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included manufacturing instructions with information regarding the particular GTIF product-token and generating physical product with physical product-token as taught by Beaver in the product token system of Luo because it would allow for more product information and collaborative information to be accessed from the product directly. See at least paragraph [0079], [0242].
However, neither Luo nor Beaver expressly provide for wherein the particular GTIF product-token is generated to comprise social relationship data of a product creator using one or more of: a scale-invariant feature transform feature recognition method (SIFT),a simultaneous localization and mapping feature recognition method (SLAM), or a speed up robust features feature recognition method (SURF). However, Todd discloses wherein the particular GTIF product-token is generated to comprise social relationship data of a product creator using one or more of: a scale-invariant feature transform feature recognition method (SIFT),a simultaneous localization and mapping feature recognition method (SLAM), or a speed up robust features feature recognition method (SURF) (See at least paragraph [0037] disclosing connected graph where nodes may represent object and relationships between the objects, [0055] disclosing insight and insight lineage graph obtained and each node pertaining to given object includes insight component metadata stored thereon or information descriptive of the insight component and/or the references given object, [0059] disclosing insight metadata including any user/author metadata including roles and social networks, [0082] disclosing using SIFT to examine/analyze two items of data/information, Fig. 2A-2D disclosing Graph of transform invariant features, [0084], [0086], [0104] disclosing based on the series of insight create actions, create and maintain an insight lineage graph and create digital tracking tag to facilitate tracking of the insight).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the graph being generated using SIFT SLAM OR SURF as taught by Todd in the product token system of Luo/Beaver because it would allow for creating a graph based on insights with a plurality of different nodes that helps track insights between items/data including relationships between items. See at least Todd paragraph [0037], [0087], [0104].
Regarding Claims 2, 9, and 16, Luo, Beaver, and Todd teach or suggest all of the limitations of claims 1, 8, and 15. Additionally, Luo discloses wherein the one or more user characteristics comprise a user characteristic retrieved from a user profile associated with a user; wherein the user profile stores information about the user and includes one or more of: a user location, a user preference, a user address, a username, a user age, user favorites, a user purchase history, or user travel destinations. (See at least paragraph [0142] and [0149] disclosing user profile, products purchased, sites visited, user interest, [0057] disclosing GPS geolocation of the client device, [0208], [0158], [0094])
Regarding Claims 3, 10, and 17, Luo, Beaver, and Todd teach or suggest all of the limitations of claims 1, 8, and 15. Additionally, Luo discloses wherein the one or more user characteristics comprise a geographic location of a user; wherein the geographic location of the user is determined using a Global Positioning System (GPS) installed in any of a user smartphone, a user car, or a user computing device. (See at least paragraph [0057], [0107], [0243] disclosing GPS location)
Regarding Claims 4, 11, and 18, Luo, Beaver, and Todd teach or suggest all of the limitations of claims 1, 8, and 15. Additionally, Luo discloses wherein a GTIF product-token, of one or more corresponding GTIF product-tokens, is a complex data structure that is generated using advanced computer-based techniques that include one or more: encoding spatial representations of certain features identified in the product or determining a set of invariant features that are specific to the product; wherein the set of invariant features includes features that remain invariant of any 2D transformation performed on the features of the product. (See at least paragraph [0062], [0065]-[0066] disclosing using identification techniques to identify shapes regardless of any translation, scaling and rotation, [0118] disclosing pattern recognition using OCR, [0119], [0125]-[0126], [0162])
Regarding Claims 5, 12, and 19, Luo, Beaver, and Todd teach or suggest all of the limitations of claims 1, 8, and 15. Additionally, Luo discloses wherein a GTIF product-token for a product, of a pair of the set of GTIF product-token pairs, represents one or more of: one or more of relationships between a plurality of transform-invariant features identified for the product, or one or more relationships between the plurality of transform-invariant features identified for the product and other transform-invariant features identified for other products. (See at least paragraph [0107] disclosing product IDs can be barcodes, UPC codes, QR codes, snapcodes, unique individual serial numbers, SKU numbers, vehicle identification numbers, EAN, ISBN, MPN, GTTN, JAN, watermarks, and the like, [0062], [0065]-[0066] disclosing using identification techniques to identify shapes regardless of any translation, scaling and rotation, [0118] disclosing pattern recognition using OCR, [0119], [0125]-[0126], [0162])
Regarding Claims 6 and 13, Luo, Beaver, and Todd teach or suggest all of the limitations of claims 1 and 8. Additionally, Luo discloses wherein the product has a plurality transform invariant features and a corresponding plurality of GTIF product-tokens; wherein a GTIF product-token is used to determine whether the GTIF product-token matches a particular pair of the set of GTIF product-token pairs; wherein a GTIF product-token pair comprises additional context data that include one or more of: location data determined based on GPS location data obtained from one or more of: the location of the user device, a photo, an address of an event, or an address of customers or users; social relationship data of a creator or a recipient of the product; or time based data determined based on one or more of: a time of an event, a time when a photo was taken, or a time when a message was sent. (See at least paragraph [0107] disclosing product IDs can be barcodes, UPC codes, QR codes, snapcodes, unique individual serial numbers, SKU numbers, vehicle identification numbers, EAN, ISBN, MPN, GTTN, JAN, watermarks, and the like, [0062], [0065]-[0066] disclosing using identification techniques to identify shapes regardless of any translation, scaling and rotation, [0118] disclosing pattern recognition using OCR, [0119], [0125]-[0126], [0162], [0142] and [0149] disclosing user profile, products purchased, sites visited, user interest, [0057] disclosing GPS geolocation of the client device, [0208], [0158], [0094], [0075] disclosing the product table includes a directory (e.g., listing) of products and their associated product identifiers, which can be compared against product metadata provided i.e., a product identifier which can be utilized as part of a process for providing an autometer reality experience in connection with the product, [0108]-[0109] disclosing the product catalogue system can receive at least the product ID and perform a lookup, search, or select operation of the product table to retrieve the product metadata form the database. The product catalogue system then provides the product catalogue system with the aforementioned product metadata, the product catalogue system can send a request message to a respective server for obtaining metadata related to a given physical item, the request message may include for example, the product ID in reposen to the request message, the product catalogue service system can perform a search or database query, based on the included product ID in the request message for information or metadata related to the physical item, [0143] disclosing product metadata for a given product can include information from different categories/sources, including product description and/or other similar products)
Regarding Claims 7 and 14, Luo, Beaver, and Todd teach or suggest all of the limitations of claims 1 and 8. Additionally, Luo discloses wherein the determining of the particular additional content based on the particular pair is a search that requires comparisons between non-directed graphs having a plurality of nodes, wherein the nodes represent transform invariant features, wherein a time for comparison performed as a series of instructions on computing machinery increases based on a number of comparisons, and wherein a number of transform invariant features exceeds practical limits of user interaction time. (See at least paragraph [0167] disclosing object recognition processes techniques include invariance analysis, scale-invariant feature transform or speeded up robust (SURF) techniques can also be used within the scope of the subject technology)
Regarding Claim 20, Luo, Beaver, and Todd teach or suggest all of the limitations of claim 15. Additionally, Luo discloses wherein the product has a plurality transform invariant features and a corresponding plurality of GTIF product-tokens; wherein a GTIF product-token is used to determine whether the GTIF product-token matches a particular pair of the set of GTIF product-token pairs; wherein a GTIF product-token pair comprises additional context data that include one or more of: location data determined based on GPS location data obtained from one or more of: the location of the user device, a photo, an address of an event, or an address of customers or users; social relationship data of a creator or a recipient of the product; or time based data determined based on one or more of: a time of an event, a time when a photo was taken, or a time when a message was sent; (See at least paragraph [0107] disclosing product IDs can be barcodes, UPC codes, QR codes, snapcodes, unique individual serial numbers, SKU numbers, vehicle identification numbers, EAN, ISBN, MPN, GTTN, JAN, watermarks, and the like, [0062], [0065]-[0066] disclosing using identification techniques to identify shapes regardless of any translation, scaling and rotation, [0118] disclosing pattern recognition using OCR, [0119], [0125]-[0126], [0162], [0142] and [0149] disclosing user profile, products purchased, sites visited, user interest, [0057] disclosing GPS geolocation of the client device, [0208], [0158], [0094], [0075] disclosing the product table includes a directory (e.g., listing) of products and their associated product identifiers, which can be compared against product metadata provided i.e., a product identifier which can be utilized as part of a process for providing an automated reality experience in connection with the product, [0108]-[0109] disclosing the product catalogue system can receive at least the product ID and perform a lookup, search, or select operation of the product table to retrieve the product metadata form the database. The product catalogue system then provides the product catalogue system with the aforementioned product metadata, the product catalogue system can send a request message to a respective server for obtaining metadata related to a given physical item, the request message may include for example, the product ID in reposen to the request message, the product catalogue service system can perform a search or database query, based on the included product ID in the request message for information or metadata related to the physical item, [0143] disclosing product metadata for a given product can include information from different categories/sources, including product description and/or other similar products) wherein the determining of the particular additional content based on the particular pair is a search that requires comparisons between non-directed graphs having a plurality of nodes, wherein the nodes represent transform invariant features, wherein a time for comparison performed as a series of instructions on computing machinery increases based on a number of comparisons, and wherein a number of transform invariant features exceeds practical limits of user interaction time (See at least paragraph [0167] disclosing object recognition processes techniques include invariance analysis, scale-invariant feature transform or speeded up robust (SURF) techniques can also be used within the scope of the subject technology)
Subject Matter Eligibility Considerations
As discussed in the 05/06/2025 Office Action, The claims not recite any abstract idea that fits into one of the enumerated abstract groupings because the claims are directed towards GTIF tokens indicating particular characteristics that are encoded in information for use in generating manufacturing instructions for manufacture and generating a physical product-token based on the information about the GTIF product-token that is then embedded in a physical product. Examiner finds it to be persuasive that Claim 1 is not reciting a method of organizing human activity because the claim limitations are not directed to commercial interactions, marketing, sales, or business relationships, nor are they directed towards fundamental economic principles or practices or managing personal behavior or relationships or interactions between people. Additionally, the claims do not recite mathematical concepts or mental processes.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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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/B.E.B/Examiner, Art Unit 3688
/Jeffrey A. Smith/Supervisory Patent Examiner, Art Unit 3688