DETAILED ACTION
This action is in reply to the submission filed on 9/15/2025.
Status of Claims
Applicant’s amendments to claims 1, 4, 15 and 18 are acknowledged.
Claims 1-20 are currently pending and have been examined.
Response to Remarks
Applicant's remarks filed 9/15/2025 have been fully considered and have been found not persuasive in full. In the 9/11/2025 interview, Examiner indicated that the amendments overcame the primary reference of record, Benedetto, as it does not teach creating a virtual object at a point of sale (POS). However, after considering said remarks, as well as further considering the agenda from the 9/11/2025 interview appendix, the claims are still rejected under 35 U.S.C. 103, as prior art teaches said image-based generation of a virtual object corresponding to a real-world object that was bought and owned. Additionally, there exists: POS systems with cameras to visually identify objects, such as Benedetto disclosing both having associated a virtual model with a real-world object at POS, as well as digital creation of a virtual object based on an imaging scan of a real-world object, and associating said objects with owner of objects.
Moving said generation of virtual model based on scanning of real-world object to the POS that links said objects would have been obvious to one of ordinary skill in the art at the time before the effective filing data of present invention, because the technique of imaging objects at POS is well-known in the art. Therefore, imaging the object at the POS, seen in various teachings, such as Musiani, in order to create a complementary virtual object that is linked with the real world object, as seen in Benedetto, teaches this portion of the present invention.
Supplementing the blockchain data techniques in Benedetto with a additional teachings of the technology of blockchain’s immutable ledger is seen as simple substitution. Cella is maintained to demonstrate the applicability of blockchain to databases. This modification of the virtual object linkage at POS and creation techniques in Benedetto with the broad POS imaging technology as witnessed by Musiani, and the supplementation of the immutable ledger database details in Cella renders the present invention obvious under 35 U.S.C. 103. The amendments to not sufficiently change the scope of the claimed invention for the purposes of distinguishing from the art of record.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Benedetto US 2024/0020354) in view of Musiani (US 2024/0119512), and further in view of Cella (US 2022/0366494).
Claims 1 and 15. Benedetto teaches a method, comprising:
by a point of sale (POS) system and a first sensor device operable to sense an identifier unique to and disposed with a physical object and (Benedetto para. 8 showing POS system and sensors for gathering unique item data)
a second sensor device operable to capture a digital image of that object (para. 8 plurality of sensors, para. 21 visual image capture)
the POS system being communicatively coupled to a blockchain network that includes network nodes that are collectively configured to operate a blockchain having blocks, (para. 32 system generates NFT within a blockchain)
the unique physical object identifier being associated with a cryptographic digital asset stored on the blockchain as a code that represents the unique physical object identifier and (para. 33 register transaction on the chain in a new block)
a code that represents a reference to a virtual object obtained based on a digital image of the physical object captured by the second sensor during the checkout by the POS system, (para. 32 showing generation of virtual object based on sensor data including image data in a blockchain code)
with the virtual object being configured for display in a virtual or augmented reality environment displayed on a display device, (para. 64 showing VR technology for user to interact with item)
processing the digital image of the physical object captured to dynamically generate the virtual object reference corresponding to the virtual object that visually represents the physical object; (para. 32 showing generation of virtual object based on sensor data including image data in a blockchain code)
retrieving, in real-time during the checkout process, the cryptographic digital asset stored on the blockchain based on the unique physical object identifier; and (para. 8 showing sensors validating virtual object, para. 32 showing identification of object on blockchain)
associating the dynamically generated virtual object reference with the retrieved cryptographic digital asset at the POS system during the checkout, with the virtual object being configured for display in a virtual or augmented reality environment displayed on a display device. (para. 8 showing sensors validating virtual object, para. 32 showing identification of object on blockchain)
Benedetto teaches tying purchase of real-world objects to virtual objects at a point of sale, and validating past purchases with creation of complementary virtual objects. It does not explicitly state, but Musiani teaches:
the digital image of the physical object captured during the checkout (para. 18, imaging items at checkout)
a POS with sensors to capture an identifier and a digital image of the physical object during checkout of that object by the POS system. (Musiani para. 6 showing image analysis of items at checkout and 48 showing scanning item reference)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of verifying purchased items with a blockchain, with the known technique of image analysis at checkout, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for validation of items at checkout (Musiani para. 8 showing said validation. Benedetto para. 8 showing validation of items at checkout.)
Benedetto teaches using blockchain to maintain a user’s possession of said virtual objects (para. 32). It does not detail, but Cella teaches:
with each block having a header and a body with one or more transaction entries, with the header having a reference to a previous block in the blockchain and a reference to the transaction entries of the current block in the blockchain. (Cella para. 952 showing blocks with header and body, and block having reference to last block in header; para. 1117 showing applications for payments in retail settings and recording transactions)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of blockchain recording in Benedetto, with the known technique of blockchain recording in Cella, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing allowing for said blockchain to include presumed inherent technology of certain blockchain systems. (Para. 1047 of Cella showing blockchain protocols).
Claims 2 and 16. Said modified Benedetto teaches the method of claim 1, further comprising:
determining that the physical object is associated with the cryptographic digital asset; and (Benedetto para. 8 showing validation of ownership with physical and virtual items)
transferring possession of the cryptographic digital asset to a digital wallet associated with a certain user account. (para. 33 showing transfer of NFT on blockchain)
Claims 3 and 17. Said modified Benedetto method of claim 1, further comprising:
outputting, for display on a presence sensitive display device, a visual representation associated with a request to obtain a virtual object based on the physical object; (Benedetto para. 34 showing user interface on device with display and input (reading on presence sensitive display device) for requesting virtual object that is based on physical object)
receiving, from the display device, an indication of a touch gesture detected at or about the visual representation; and (para. 61 showing input can be touch based)
determining to obtain the virtual object based on the detected touch gesture. (para. 61 showing input can be touch based)
Benedetto does not, but Musiani teaches outputting, for display on a presence sensitive display device of the POS system. (Musiani para. 7 showing aware displaying POS outputting information)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of verifying purchased items with a blockchain, with the known technique of computer guidance in Musiani, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for ease-of-use growth in consumer interfacing (Musiani para. 5 showing guidance goals in self-checkout environment.)
Claims 4 and 18. Said modified Benedetto method of claim 1. Benedetto teaches standard weight measuring devices in para. 21. It does not, but Musiani teaches teaches further comprising:
outputting, for display on a display device of the POS system, a visual representation associated with a request to position the physical object on or about the surface of a weight scale of the POS system. (Musiani para. 6 showing display of POS guiding user to position items in correct spot for examination. Para. 45 showing examination includes scale to measure weight.)
Claim 18 additionally: a weight scale operable to measure a weight of the physical object; (para. 45 of Musiani) a display device; (para. 6 of Musiani) receive, from the second sensing device, the digital image of the physical object; and obtain the virtual object based on the digital image of the physical object. (Benedetto para. 29 showing image capture to create virtual object)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of verifying purchased items with a blockchain, with the known technique of computer guidance in Musiani, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for ease-of-use growth in consumer interfacing (Musiani para. 5 showing guidance goals in self-checkout environment.)
Claim 5. Said modified Benedetto method of claim 1, further comprising:
receiving, from the second sensing device, the digital image of the physical object. (Benedetto para. 29 showing image capture to create virtual object)
Benedetto does not detail the POS having sensors, but Musiani teaches: a POS having a sensing device (Musiani para. 6 showing image analysis of items at checkout and 48 showing scanning item reference)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of verifying purchased items with a blockchain, with the known technique of image analysis at checkout, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for validation of items at checkout (Musiani para. 8 showing said validation. Benedetto para. 8 showing validation of items at checkout.)
Claim 6. Said modified Benedetto method of claim 5, further comprising: obtaining the virtual object based on the digital image of the physical object. (Benedetto para. 29 showing image capture to create virtual object)
Claim 7. Said modified Benedetto method of claim 6, further comprising:
obtaining a visual characteristic of the physical object based on the digital image of the physical object; and (Benedetto para. 29 showing image capture to create virtual object)
wherein the virtual object obtaining step is further based on the characteristic of the physical object. (Benedetto para. 29 showing image capture to create virtual object)
Claims 8 and 19. Said modified Benedetto method of claim 7, wherein the virtual object obtaining step further includes:
obtaining a second virtual object having an appearance when displayed in a virtual or augmented reality environment of a certain form of the physical object, (Benedetto para. 35 showing a specific instance of a virtual object coinciding with the physical object)
wherein the second virtual object is configured to be modifiable based on the visual characteristic; and (para. 36 showing modifying object based on real world unique flaws/characteristics)
modifying the second virtual object based on the visual characteristic of the physical object to obtain the virtual object. (para. 36 showing modifying object based on real world unique flaws/characteristics)
Claim 9. Said modified Benedetto method of claim 1, further comprising:
obtaining a blockchain reference to the cryptographic digital asset stored in the blockchain based on the unique physical object identifier; and (Benedetto para. 32 showing physical object sensed data generating a blockchain NFT asset)
sending, to a network node of the blockchain network, an indication that includes a request for block data associated with the cryptographic digital asset based on the blockchain reference. (para. 32 and 33 showing new block data of NFT generated when new owner is registered)
Claim 10. Said modified Benedetto method of claim 1, further comprising:
receiving, from the network node of the blockchain network, the block data associated with the cryptographic digital asset, with the block data including the unique physical object identifier code and the virtual object reference code; (para. 33 showing transfer of virtual and physical asset with block data)
obtaining the virtual object reference code based on the received block data; and obtaining the virtual object reference based on the virtual object reference code. (para. 33 of Benedetto showing reflection of current owner)
Claims 11 and 20. Said modified Benedetto method of claim 1, further comprising:
associating the virtual object to the cryptographic digital asset based on the virtual object reference; and (Benedetto para. 31 showing reference data used to validate virtual object)
assigning the virtual object to the virtual or augmented reality environment. (Para. 29 showing construction of virtual object with visual data)
Claim 12. Said modified Benedetto method of claim 1, wherein the unique physical object identifier code includes a cryptographic token (Benedetto para. 32 physical object using NFT in a separate blockchain than virtual object)
Benedetto does not, but Cella teaches: a public key, with a private key associated with the unique physical object identifier code being issued to a cryptocurrency wallet account associated with the cryptographic digital asset. (Cella para. 925 showing the blockchain technology of public and private key pairs.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of blockchain based payment systems in Yan as modified by Schnitzer, with the known technique of blockchain recording in Cella because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for said blockchain to include presumed inherent technology of certain blockchain systems. (Para. 1047 of Cella showing blockchain protocols)
Claim 13. Said modified Benedetto method of claim 1, wherein the virtual object reference code includes a cryptographic token (Benedetto para. 32 NFT)
Benedetto does not, but Cella teaches: a public key, with a private key associated with the virtual object reference code being issued to a cryptocurrency wallet account associated with the cryptographic digital asset. (Cella para. 925 showing the blockchain technology of public and private key pairs.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of blockchain based payment systems in Yan as modified by Schnitzer, with the known technique of blockchain recording in Cella because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for said blockchain to include presumed inherent technology of certain blockchain systems. (Para. 1047 of Cella showing blockchain protocols)
Claim 14. Said modified Benedetto method of claim 1. Bernedetto does not, but Musiani teaches wherein the unique physical object identifier is associated with a quick response (QR) or bar code disposed on the outside surface of the physical object. (para. 48 of Musiani teaches barcode/QR code on items)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of verifying purchased items with a blockchain, with the known technique of machine reading at checkout, because applying the known technique would have yielded predictable results and resulted in an improved system by allowing for validation of items at checkout (Musiani para. 8 showing said validation. Benedetto para. 8 showing validation of items at checkout.)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, this action is made final. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aaron Tutor, whose telephone number is 571-272-3662. The examiner can normally be reached Monday through Friday, 9 AM to 5 PM.
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/AARON N TUTOR/ Examiner, Art Unit 3627