DETAILED ACTION
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 .
This is a Non-Final Office Action in response to application 18/155,941 entitled "SYSTEMS AND METHODS FOR AUTHENTICATING ELECTRONIC TRANSACTIONS AT VIRTUAL REALITY DEVICES USING MOBILE APP PAYMENT ACCOUNT(S)" filed on December 2, 2025, with claims 21, 23-24, 26-29, 31-32, 34-37, and 39-40 pending.
Status of Claims
No claims have been amended.
Claims 21, 23-24, 26-29, 31-32, 34-37, and 39-40 are pending and have been examined.
Response to Amendment
The amendment filed December 2, 2025, has been entered. Claims 21, 23-24, 26-29, 31-32, 34-37, and 39-40 remain pending in the application. Applicant’s amendments to the Specification, Drawings, and/or Claims have been noted in response to the Non-Final Office Action mailed July 10, 2025.
Information Disclosure Statements
The information disclosure statements (IDSs) submitted on January 18, 2023 and April 20, 2023, and October 18, 2023, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 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 21, 23-24, 26-29, 31-32, 34-37, and 39-40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Please see MPEP 2106 for additional information regarding Patent Subject Matter Eligibility Guidance.
Claims 21, 23-24, 26-29, 31-32, 34-37, and 39-40 are directed to a system, method/process, machine, or composition of matter, which are/is one of the statutory categories of invention. (Step 1: YES).
The claimed invention is directed to an abstract idea without significantly more.
Independent Claim 21 recites:
“A system for authenticating electronic transactions in virtual reality environments using user data, the system comprising:
….for authenticating payment transactions in virtual reality environments using the user data;
…to perform a method including:
detecting, …compatible … cannot store, contain, or access user authentication data stored on …for a mobile application …. wherein …is separate …and wherein … worn by a user;
…wherein … …and…;
…according…;
receiving, …a request message associated with a purchase of an item, wherein the item is selected by a user for purchase in a virtual reality environment provided..;
…for the user to provide confirmation for the purchase initiated in the virtual reality environment …
receiving, …an input response to the prompt, wherein the input response includes one of verbal confirmation or a gesture confirmation;
accessing, …the user authentication data stored…;
comparing, …the input response to the user authentication data stored …to determine a match;
authorizing, …the purchase initiated in the virtual reality environment by the virtual reality device based on the match;
and in response to the authorizing, … a response message, wherein the response message is presented as one of a display, an auditory confirmation, or a combination thereof in the virtual reality environment.”
These limitations clearly relate to managing virtual reality transactions/interactions between consumer/buyer, merchant, and/or financial services provider. These limitations, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity. Specific instances include instructions for “receiving...a request message associated with a purchase of an item, wherein the item is selected by a user for purchase” and “user to provide confirmation for the purchase initiated” and “authorizing...the purchase” recite a fundamental economic principles or practice and/or commercial or legal interactions. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation as a fundamental economic, commercial, or financial action, principle, or practice then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. (Step 2A-Prong 1: YES. The claims recite an abstract idea).
This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of:
[a data storage device storing instructions] [and a processor configured to execute the instructions] [by a mobile consumer device, a virtual reality device] [with the mobile consumer device, wherein the virtual reality device] [the mobile consumer device] [the virtual reality device] [from the mobile consumer device][the virtual reality device includes one of a virtual reality headset comprising a head mounted display or a second consumer mobile device attached to a headset][ with the virtual reality device][from the mobile consumer device to a server of the virtual reality device][by the mobile consumer device] [by the mobile consumer device][by the virtual reality device] [of the mobile consumer device][by the virtual reality device][by the mobile consumer device via a user interface module of the mobile consumer device][by the mobile consumer device][on the mobile consumer device][by a processor of the mobile consumer device][on the mobile consumer device] [by the mobile consumer device][by the mobile consumer device to the virtual reality device] :
merely applying computer processing, and storage technology as tools to perform an abstract idea
[establishing... a socket connection][the socket connection is established via a Hypertext Transfer Protocol (HTTP) handshake] [wherein the HTTP handshake is replaced by the socket connection] [updating... listeners of the mobile consumer device] [to the socket connection] [via the listeners][via the socket connection]:
merely applying socket/listener networking technology as a tool to perform an abstract idea
[transmitting]:
insignificant extra-solution activity to the judicial exception of data transmission
[installed on the mobile consumer device]:
insignificant extra-solution activity to the judicial exception of software installation
[providing, to a display ...a prompt]:
insignificant extra-solution activity to the judicial exception of data display
are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer components and/or electronic processes. For example, the Applicant’s Specification reads, “[0001] Virtual reality (VR) works by connecting a specially designed headset to a device (e.g., a personal computer (PC) or mobile phone). [0021] Consumer devices 103a-103n (or consumer devices 103) may include personal devices, e.g., phones, computers, laptops, mobile phones, tablet computers, watches, wearable devices, etc”.
Nothing in the Specification distinguishes the “specially designed headset” from a generic piece of cardboard to hold a generic mobile phone as described in Levy ("Google Figured Out How To Turn Any Phone Into A Virtual Reality Headset For Next To Nothing", Jun 25, 2014).
For causing the transmission, MPEP 2106.05(d)(II) cites that the courts have recognized receiving or transmitting data over a network as well-understood, routine and conventional functions when claimed in a merely generic manner: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The additional elements merely add instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, see MPEP 2106.05(f). Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality. The background does not provide any indication that the network appliance is anything other than a generic, off-the-shelf computer component that is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). For these reasons, there is no inventive concept. Therefore, Claim 21 is directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The additional elements merely add instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, see MPEP 2106.05(f). Accordingly, the additional elements, do not change the outcome of the analysis, when considered separately and as an ordered combination. The claim further defines the abstract idea and hence is abstract for the reasons presented above. The claim does not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination.
For the “transmitting”, “providing, to a display ...a prompt” and “application installation” steps that were considered extra-solution activity and determined to be well-understood, routine, conventional activity in the field. For example:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission);
Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93;
Therefore, the claim is directed to an abstract idea. Thus, the claim is not patent eligible. (Step 2B: NO. The claim does not provide significantly more)
Dependent Claims recite additional elements.
This judicial exception is not integrated into a practical application. In particular, the recited additional elements of
Claim 23:
“processor”: merely applying computer processing, and display technologies as a tool to perform an abstract idea
“generating a second prompt”: insignificant extra-solution activity to the judicial exception of data display
Claim 24:
“processor”, “mobile consumer device with the virtual reality device”: merely applying computer processing, networking, and display technologies as a tool to perform an abstract idea
“pairing”: insignificant extra-solution activity to the judicial exception of hardware connectivity
Claim 26:
“processor”, “mobile consumer device with the virtual reality device”: merely applying computer processing, networking, and display technologies as a tool to perform an abstract idea
“pairing”: insignificant extra-solution activity to the judicial exception of hardware connectivity
Claim 27:
“processor”, “mobile consumer device with the virtual reality device”: merely applying computer processing, networking, and display technologies as a tool to perform an abstract idea
“pairing”: insignificant extra-solution activity to the judicial exception of hardware connectivity
“Near Field Communication (NFC) tag”: merely applying digital networking technologies as a tool to perform an abstract idea
Claim 28:
“processor”, “mobile consumer device”, “virtual reality device”, “user interface”: merely applying computer processing, and display technologies as a tool to perform an abstract idea
“generating a private session”: insignificant extra-solution activity to the judicial exception of networking
“generating a user interface or icon”: insignificant extra-solution activity to the judicial exception of user interfaces
are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer components and/or electronic processes. For example, the Applicant’s Specification reads, “[0001] Virtual reality (VR) works by connecting a specially designed headset to a device (e.g., a personal computer (PC) or mobile phone). [0021] Consumer devices 103a-103n (or consumer devices 103) may include personal devices, e.g., phones, computers, laptops, mobile phones, tablet computers, watches, wearable devices, etc”.
Nothing in the Specification distinguishes the “specially designed headset” from a generic piece of cardboard to hold a generic mobile phone as described in Levy ("Google Figured Out How To Turn Any Phone Into A Virtual Reality Headset For Next To Nothing", Jun 25, 2014).
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality.
For the “prompt generation”, “pairing”, “session generation”, and “user interface/icon generation” steps that were considered extra-solution activity and determined to be well-understood, routine, conventional activity in the field. For example:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission);
Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93;
The background does not provide any indication that the network appliance is anything other than a generic, off-the-shelf computer component that is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). For these reasons, there is no inventive concept.
Therefore, these dependent claims are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The additional elements merely add instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, see MPEP 2106.05(f). For example, the Applicant’s Specification reads, “[0001] Virtual reality (VR) works by connecting a specially designed headset to a device (e.g., a personal computer (PC) or mobile phone). [0021] Consumer devices 103a-103n (or consumer devices 103) may include personal devices, e.g., phones, computers, laptops, mobile phones, tablet computers, watches, wearable devices, etc”.
Nothing in the Specification distinguishes the “specially designed headset” from a generic piece of cardboard to hold a generic mobile phone as described in Levy ("Google Figured Out How To Turn Any Phone Into A Virtual Reality Headset For Next To Nothing", Jun 25, 2014).
Accordingly, these additional elements, do not change the outcome of the analysis, when considered separately and as an ordered combination. Dependent claims further define the abstract idea that is present in their respective independent claims and hence are abstract for the reasons presented above. The dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, the dependent claims are directed to an abstract idea. Thus, the dependent claims are not patent eligible. (Step 2B: NO. The claims do not provide significantly more)
Independent Claim 29 recites:
“A … method of authenticating electronic transactions in virtual reality environments using user data, the system comprising:
….for authenticating payment transactions in virtual reality environments using the user data;
…to perform a method including:
detecting, …compatible … cannot store, contain, or access user authentication data stored on …for a mobile application …. wherein …is separate …and wherein … worn by a user;
…wherein … …and…;
…according…;
receiving, …a request message associated with a purchase of an item, wherein the item is selected by a user for purchase in a virtual reality environment provided..;
…for the user to provide confirmation for the purchase initiated in the virtual reality environment …
receiving, …an input response to the prompt, wherein the input response includes one of verbal confirmation or a gesture confirmation;
accessing, …the user authentication data stored…;
comparing, …the input response to the user authentication data stored …to determine a match;
authorizing, …the purchase initiated in the virtual reality environment by the virtual reality device based on the match;
and in response to the authorizing, … a response message, wherein the response message is presented as one of a display, an auditory confirmation, or a combination thereof in the virtual reality environment.”
These limitations clearly relate to managing virtual reality transactions/interactions between consumer/buyer, merchant, and/or financial services provider. These limitations, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity. Specific instances include instructions for “receiving...a request message associated with an item, wherein the item is selected by a user for purchase” and “provide confirmation for the purchase” recite a fundamental economic principles or practice and/or commercial or legal interactions. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation as a fundamental economic, commercial, or financial action, principle, or practice then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. (Step 2A-Prong 1: YES. The claims recite an abstract idea).
This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of:
[a data storage device storing instructions] [and a processor configured to execute the instructions] [by a mobile consumer device, a virtual reality device] [with the mobile consumer device, wherein the virtual reality device] [the mobile consumer device] [the virtual reality device] [from the mobile consumer device][the virtual reality device includes one of a virtual reality headset comprising a head mounted display or a second consumer mobile device attached to a headset][ with the virtual reality device][from the mobile consumer device to a server of the virtual reality device][by the mobile consumer device] [by the mobile consumer device][by the virtual reality device] [of the mobile consumer device][by the virtual reality device][by the mobile consumer device via a user interface module of the mobile consumer device][by the mobile consumer device][on the mobile consumer device][by a processor of the mobile consumer device][on the mobile consumer device] [by the mobile consumer device][by the mobile consumer device to the virtual reality device] :
merely applying computer processing, and storage technology as tools to perform an abstract idea
[establishing... a socket connection][the socket connection is established via a Hypertext Transfer Protocol (HTTP) handshake] [wherein the HTTP handshake is replaced by the socket connection] [updating... listeners of the mobile consumer device] [to the socket connection] [via the listeners][via the socket connection]:
merely applying socket/listener networking technology as a tool to perform an abstract idea
[transmitting]:
insignificant extra-solution activity to the judicial exception of data transmission
[installed on the mobile consumer device]:
insignificant extra-solution activity to the judicial exception of software installation
[providing, to a display ...a prompt]:
insignificant extra-solution activity to the judicial exception of data display
are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer components and/or electronic processes. For example, the Applicant’s Specification reads, “[0001] Virtual reality (VR) works by connecting a specially designed headset to a device (e.g., a personal computer (PC) or mobile phone). [0021] Consumer devices 103a-103n (or consumer devices 103) may include personal devices, e.g., phones, computers, laptops, mobile phones, tablet computers, watches, wearable devices, etc”.
Nothing in the Specification distinguishes the “specially designed headset” from a generic piece of cardboard to hold a generic mobile phone as described in Levy ("Google Figured Out How To Turn Any Phone Into A Virtual Reality Headset For Next To Nothing", Jun 25, 2014).
For causing the transmission, MPEP 2106.05(d)(II) cites that the courts have recognized receiving or transmitting data over a network as well-understood, routine and conventional functions when claimed in a merely generic manner: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The additional elements merely add instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, see MPEP 2106.05(f). Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality.
For the “prompt generation”, “pairing”, “session generation”, and “user interface/icon generation” steps that were considered extra-solution activity and determined to be well-understood, routine, conventional activity in the field. For example:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission);
Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93;
The background does not provide any indication that the network appliance is anything other than a generic, off-the-shelf computer component that is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner.
Therefore, Claim 29 is directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The additional elements merely add instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, see MPEP 2106.05(f). Accordingly, the additional elements, do not change the outcome of the analysis, when considered separately and as an ordered combination. The claim further defines the abstract idea and hence is abstract for the reasons presented above. The claim does not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination.
For the “transmitting”, “providing, to a display ...a prompt” and “application installation” steps that were considered extra-solution activity and determined to be well-understood, routine, conventional activity in the field. For example:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission);
Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93;
Therefore, the claim is directed to an abstract idea. Thus, the claim is not patent eligible. (Step 2B: NO. The claim does not provide significantly more)
Dependent Claims recite additional elements.
This judicial exception is not integrated into a practical application. In particular, the recited additional elements of
Claim 31:
“computer-implemented”: merely applying computer processing, and display technologies as a tool to perform an abstract idea
“generating a second prompt”: insignificant extra-solution activity to the judicial exception of data display
Claim 32:
“computer-implemented”, “mobile consumer device”, “virtual reality device”: merely applying computer processing, and display technologies as a tool to perform an abstract idea
“pairing”: insignificant extra-solution activity to the judicial exception of hardware connectivity
Claim 34:
“computer-implemented”, “mobile consumer device”, “virtual reality device”: merely applying computer processing, networking, and display technologies as a tool to perform an abstract idea
“pairing”: insignificant extra-solution activity to the judicial exception of hardware connectivity
Claim 35:
“computer-implemented”, “mobile consumer device”, “virtual reality device”: merely applying computer processing, and display technologies as a tool to perform an abstract idea
“Near Field Communication (NFC) tag”: merely applying digital networking technologies as a tool to perform an abstract idea
Claim 36:
“computer-implemented”, “mobile consumer device”, “virtual reality device”, “user interface”: merely applying computer processing, and display technologies as a tool to perform an abstract idea
“generating a private session”: insignificant extra-solution activity to the judicial exception of networking
“generating a user interface or icon”: insignificant extra-solution activity to the judicial exception of user interfaces
are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer components and/or electronic processes. For example, the Applicant’s Specification reads, “[0001] Virtual reality (VR) works by connecting a specially designed headset to a device (e.g., a personal computer (PC) or mobile phone). [0021] Consumer devices 103a-103n (or consumer devices 103) may include personal devices, e.g., phones, computers, laptops, mobile phones, tablet computers, watches, wearable devices, etc”.
Nothing in the Specification distinguishes the “specially designed headset” from a generic piece of cardboard to hold a generic mobile phone as described in Levy ("Google Figured Out How To Turn Any Phone Into A Virtual Reality Headset For Next To Nothing", Jun 25, 2014).
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality.
For the “prompt generation”, “pairing”, “session generation”, and “user interface/icon generation” steps that were considered extra-solution activity and determined to be well-understood, routine, conventional activity in the field. For example:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission);
Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93;
The background does not provide any indication that the network appliance is anything other than a generic, off-the-shelf computer component that is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner
Therefore, these dependent claims are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The additional elements merely add instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, see MPEP 2106.05(f). For example, the Applicant’s Specification reads, “[0001] Virtual reality (VR) works by connecting a specially designed headset to a device (e.g., a personal computer (PC) or mobile phone). [0021] Consumer devices 103a-103n (or consumer devices 103) may include personal devices, e.g., phones, computers, laptops, mobile phones, tablet computers, watches, wearable devices, etc”.
Nothing in the Specification distinguishes the “specially designed headset” from a generic piece of cardboard to hold a generic mobile phone as described in Levy ("Google Figured Out How To Turn Any Phone Into A Virtual Reality Headset For Next To Nothing", Jun 25, 2014).
Accordingly, these additional elements, do not change the outcome of the analysis, when considered separately and as an ordered combination. Dependent claims further define the abstract idea that is present in their respective independent claims and hence are abstract for the reasons presented above. The dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, the dependent claims are directed to an abstract idea. Thus, the dependent claims are not patent eligible. (Step 2B: NO. The claims do not provide significantly more)
Independent Claim 37 recites:
“…for authenticating electronic transactions in virtual reality environments using user data, the method including:
….for authenticating payment transactions in virtual reality environments using the user data;
…to perform a method including:
detecting, …compatible … cannot store, contain, or access user authentication data stored on …for a mobile application …. wherein …is separate …and wherein … worn by a user;
…wherein … …and…;
…according…;
receiving, …a request message associated with a purchase of an item, wherein the item is selected by a user for purchase in a virtual reality environment provided..;
…for the user to provide confirmation for the purchase initiated in the virtual reality environment …
receiving, …an input response to the prompt, wherein the input response includes one of verbal confirmation or a gesture confirmation;
accessing, …the user authentication data stored…;
comparing, …the input response to the user authentication data stored …to determine a match;
authorizing, …the purchase initiated in the virtual reality environment by the virtual reality device based on the match;
and in response to the authorizing, … a response message, wherein the response message is presented as one of a display, an auditory confirmation, or a combination thereof in the virtual reality environment.”
These limitations clearly relate to managing virtual reality transactions/interactions between consumer/buyer, merchant, and/or financial services provider. These limitations, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity. Specific instances include instructing to authenticating payment transactions and selection of an item for purchase recite a fundamental economic principles or practice and/or commercial or legal interactions. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation as a fundamental economic, commercial, or financial action, principle, or practice then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. (Step 2A-Prong 1: YES. The claims recite an abstract idea).
This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of:
[non-transitory machine-readable medium storing instructions that, when executed by a server, cause the server to perform] [storage device] [by the mobile consumer device] [a virtual reality device] [the virtual reality device] [the mobile consumer device] [the mobile consumer device][a head mounted display or a second consumer mobile device attached to a headset worn by a user][from the mobile consumer device] [to a server] [of the virtual reality device][via a network][by the mobile consumer device] [via a user interface]:
merely applying computer processing, and storage technology as tools to perform an abstract idea
[establishing... a socket connection][the socket connection is established via a Hypertext Transfer Protocol (HTTP) handshake] [wherein the HTTP handshake is replaced by the socket connection] [updating... listeners of the mobile consumer device] [to the socket connection] [via the listeners][via the socket connection]:
merely applying socket/listener networking technology as a tool to perform an abstract idea
[transmitting]:
insignificant extra-solution activity to the judicial exception of data transmission
[installed on the mobile consumer device]:
insignificant extra-solution activity to the judicial exception of software installation
[providing, to a display ...a prompt]:
insignificant extra-solution activity to the judicial exception of data display
are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer components and/or electronic processes. For example, the Applicant’s Specification reads, “[0001] Virtual reality (VR) works by connecting a specially designed headset to a device (e.g., a personal computer (PC) or mobile phone). [0021] Consumer devices 103a-103n (or consumer devices 103) may include personal devices, e.g., phones, computers, laptops, mobile phones, tablet computers, watches, wearable devices, etc”.
Nothing in the Specification distinguishes the “specially designed headset” from a generic piece of cardboard to hold a generic mobile phone as described in Levy ("Google Figured Out How To Turn Any Phone Into A Virtual Reality Headset For Next To Nothing", Jun 25, 2014).
For causing the transmission, MPEP 2106.05(d)(II) cites that the courts have recognized receiving or transmitting data over a network as well-understood, routine and conventional functions when claimed in a merely generic manner: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The additional elements merely add instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, see MPEP 2106.05(f). Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality.
For the “transmitting”, “generating a prompt” and “application installation” steps that were considered extra-solution activity and determined to be well-understood, routine, conventional activity in the field. For example:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission);
Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93;
The background does not provide any indication that the network appliance is anything other than a generic, off-the-shelf computer component that is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner
Therefore, Claim 37 is directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The additional elements merely add instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, see MPEP 2106.05(f). Accordingly, the additional elements, do not change the outcome of the analysis, when considered separately and as an ordered combination. The claim further defines the abstract idea and hence is abstract for the reasons presented above. The claim does not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination.
For the “transmitting”, “providing, to a display ...a prompt” and “application installation” steps that were considered extra-solution activity and determined to be well-understood, routine, conventional activity in the field. For example:
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission);
Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93;
Therefore, the claim is directed to an abstract idea. Thus, the claim is not patent eligible. (Step 2B: NO. The claim does not provide significantly more)
Dependent Claims recite additional elements.
This judicial exception is not integrated into a practical application. In particular, the recited additional elements of
Claim 39:
“non-transitory machine-readable medium”, “server”: merely applying computer processing, and display technologies as a tool to perform an abstract idea
“generate a second prompt”: insignificant extra-solution activity to the judicial exception of data display
Claim 40:
“non-transitory machine-readable medium”, “server”, “mobile consumer device”, “virtual reality device”: merely applying computer processing, and display technologies as a tool to perform an abstract idea
“pairing”: insignificant extra-solution activity to the judicial exception of hardware connectivity
are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer components and/or electronic processes. For example, the Applicant’s Specification reads, “[0001] Virtual reality (VR) works by connecting a specially designed headset to a device (e.g., a personal computer (PC) or mobile phone). [0021] Consumer devices 103a-103n (or consumer devices 103) may include personal devices, e.g., phones, computers, laptops, mobile phones, tablet computers, watches, wearable devices, etc”.
Nothing in the Specification distinguishes the “specially designed headset” from a generic piece of cardboard to hold a generic mobile phone as described in Levy ("Google Figured Out How To Turn Any Phone Into A Virtual Reality Headset For Next To Nothing", Jun 25, 2014).
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea and are at a high level of generality.
For the “prompt generation” and “pairing” steps that were considered extra-solution activity and determined to be well-understood, routine, conventional activity in the field, the background does not provide any indication that the network appliance is anything other than a generic, off-the-shelf computer component that is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). For these reasons, there is no inventive concept.
Therefore, these dependent claims are directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application)
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The additional elements merely add instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea, see MPEP 2106.05(f). For example, the Applicant’s Specification reads, “[0001] Virtual reality (VR) works by connecting a specially designed headset to a device (e.g., a personal computer (PC) or mobile phone). [0021] Consumer devices 103a-103n (or consumer devices 103) may include personal devices, e.g., phones, computers, laptops, mobile phones, tablet computers, watches, wearable devices, etc”.
Nothing in the Specification distinguishes the “specially designed headset” from a generic piece of cardboard to hold a generic mobile phone as described in Levy ("Google Figured Out How To Turn Any Phone Into A Virtual Reality Headset For Next To Nothing", Jun 25, 2014).
Accordingly, these additional elements, do not change the outcome of the analysis, when considered separately and as an ordered combination. Dependent claims further define the abstract idea that is present in their respective independent claims and hence are abstract for the reasons presented above. The dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, the dependent claims are directed to an abstract idea. Thus, the dependent claims are not patent eligible. (Step 2B: NO. The claims do not provide significantly more)
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 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.
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 21, 23-24, 26-29, 31-32, 34-37, and 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over Harris (“GESTURE RECOGNITION CLOUD COMMAND PLATFORM, SYSTEM, METHOD, AND APPARATUS”, U.S. Publication Number: 20160109954 A1), in view of Jeffery ("METHOD AND SYSTEM FOR USING SENSORS OF A CONTROL DEVICE FOR CONTROL OF A GAME", U.S. Publication Number: 20180104573 A1),in view of Christmas ("SYSTEMS AND METHODS FOR IMPROVED DATA ENCRYPTION", U.S. Publication Number: 20190173677 A1).
Regarding Claim 21,
Harris teaches,
A system for authenticating electronic transactions in virtual reality environments using user data,
(Harris [0143] Cryptographic units support the authentication of communications from interacting agents, as well as allowing for anonymous transactions.
Harris [0079] gesture initiates a payment transaction between the user and the merchant store
Harris [0080] for generating and using an augmented reality display. A visual capture of a reality scene is obtained via a visual device
Harris [0015] MDGAAT may initiate the purchase transaction using the obtained user data)
the system comprising: a data storage device storing instructions for authenticating payment transactions in virtual reality environments using the user data; and
(Harris [0462] The issuer server may issue a payment command, e.g., 4227, to a database storing the user's account information, e.g., user profile database 4206 b. The issuer server may provide an individual payment confirmation, e.g., 4228, to the pay network server
Harris [0435] authenticating the user for access to virtual wallet features
Harris [0438] authorization request...to the appropriate payment network for payment processing. For example, the pay gateway server may be able to select from payment networks, such as Visa, Mastercard, American Express, Paypal, etc., to process various types of transactions including, but not limited to: credit card, debit card, prepaid card, B2B and/or like transactions)
a processor configured to execute the instructions to perform a method including:
(Harris [0127] and processors by which information may be processed.)
wherein the virtual reality device cannot store, contain, or access user authentication data stored on the mobile consumer device for a mobile application installed on the mobile consumer device;
(Harris [0234] a consumer provides... mobile device identity (e.g., IMEI, ESN, SIMid, etc.)
Harris [0224] using a mobile device such as iPhone, the consumer may initially enter a device ID such as an Apple ID to get into the device. In one implementation, the device ID may be the ID used to gain access to the V-GLASSES application. As such, the V-GLASSES may use the device ID to identify the consumer and the consumer need not enter another set of credentials. In another implementation, the V-GLASSES application may identify the consumer using the device ID via federation. Again, the consumer may not need to enter his credentials to launch the V-GLASSES application)
receiving, by the mobile consumer device and via the listeners, a request message associated with a purchase of an item, wherein the item is selected by a user for purchase in a virtual reality environment provided by the virtual reality device;
(Harris [0356] as a trigger to perform a V-GLASSES action (e.g., engage in a transaction, select a user desired item,... and/or the like)....the user may initiate an action by saying a command and making a gesture ...the user's device may be a mobile computing device, such as a tablet, mobile phone, portable game system, and/or the like.
Harris [0470] the V-GLASSES controller 4401 may be connected to and/or communicate... to: one or more users from user input devices 4411; peripheral devices 4412; ...For example, the V-GLASSES controller 4401 may be connected to ... ... various mobile device(s) including, but not limited to, cellular telephone(s)
Harris [0517] ip address and port to listen to for incoming data)
providing, to a display of the mobile consumer device, a prompt for the user to provide confirmation for the purchase initiated in the virtual reality environment by the virtual reality device; receiving, by the mobile consumer device via a user interface module of the mobile consumer device, an input response to the prompt,
(Harris [0026] between the V-GLASSES server and its affiliated entities within embodiments of the V-GLASSES;
Harris [0187] V-GLASSES may form a query to a remote server, a cloud,
Harris [0535] The remote computer system 6208 in response to the purchase command may retrieve the user's 6202 payment account... Prior to finalizing the purchase...may send a message (e.g., SMS) to the user's 6202 mobile device to confirm that the user 6202 would like to complete the purchase. Based on the user's 6202 response (e.g., by sending a response using his mobile device, his computer, a public terminal at a store, etc.), the remote computer system 6208 may proceed to finalize the purchase.)
wherein the input response includes one of verbal confirmation or a gesture confirmation
(Harris [0124] user may also see an action prompt 905, which may allow the user to capture the gesture and provide a voice command to the smart glasses
Harris [0186] wherein the V-GLASSES device 130 may capture the verbal command line)
accessing, by the mobile consumer device, the user authentication data stored on the mobile consumer device;
(Harris [0224] In some implementations, the consumer may also use their wallet credentials (e.g., V.me credentials) to access the V-GLASSES application.
Harris [0411] The wallet application may query the storage areas in the mobile device
Harris [0434] the user wallet device may authenticate the user based on the user's wallet access input, and provide virtual wallet features for the user.)
authorizing, by the mobile consumer device, the purchase initiated in the virtual reality environment by the virtual reality device based on the match;
(Harris [0391] It is to be understood that the various example features described herein may be implemented on a consumer device and/or on a device of a consumer service representative assisting a consumer user during the consumer's shopping experience in a physical or virtual store.
Harris [0393] The price and total payable information may also be displayed, along with a QR code 3215k that captures the information necessary to effect a snap mobile purchase transaction
Harris [0389] which may allow the user to capture the gesture and provide a voice command to the smart glasses, which may then inform V-GLASSES so that it may carry out the transaction.)
and in response to the authorizing, transmitting, by the mobile consumer device to the virtual reality device via the socket connection, a response message, wherein the response message is presented as one of a display, an auditory confirmation, or a combination thereof in the virtual reality environment
(Harris [Claim 21] transmitting a command
Harris [0516] For example, in some implementations, the V-GLASSES controller may be executing a PHP script implementing a Secure Sockets Layer (“SSL”) socket server via the information server, which listens to incoming communications on a server port to which a client may send data
Harris [0174] input data from a client device via a SSL connection
Harris [0119] prompt the user to confirm that the user would like to pay the total
Harris [0449] emit a ring tone, and/or play an audio message, etc., and provide output including, but not limited to: sounds, music, audio, video, images, tactile feedback, vibration alerts)
Harris does not teach wherein the virtual reality device is separate from the mobile consumer device, and wherein the virtual reality device includes one of a virtual reality headset comprising a head mounted display or a second consumer mobile device attached to a headset worn by a user; establishing, by the mobile consumer device, a socket connection with the virtual reality device, wherein the socket connection is established via a Hypertext Transfer Protocol (HTTP) handshake from the mobile consumer device to a server of the virtual reality device; and wherein the HTTP handshake is replaced by the socket connection; updating, by the mobile consumer device, listeners of the mobile consumer device according to the socket connection; comparing, by a processor of the mobile consumer device, the input response to the user authentication data stored on the mobile consumer device to determine a match; detecting, by a mobile consumer device, a virtual reality device compatible with the mobile consumer device;
Jeffery teaches,
wherein the virtual reality device is separate from the mobile consumer device, and wherein the virtual reality device includes one of a virtual reality headset comprising a head mounted display or a second consumer mobile device attached to a headset worn by a user
(Jeffery [0063] FIG. 1(b) shows an exemplary external sensor device 310.... external sensor device 310 can be connected to the mobile device 325 via a wireless communicator 313 which can include a direct Bluetooth connection 309.... It is to be understood that the external sensor device 310 could be another device providing sensor data to the mobile device 325, such as ... an Oculus Rift virtual reality headset, etc. )
establishing, by the mobile consumer device, a socket connection with the virtual reality device, wherein the socket connection is established via a Hypertext Transfer Protocol (HTTP) handshake from the mobile consumer device to a server of the virtual reality device,
(Jeffery [0094] enabling global connectivity via the Internet 475. For each user, the user's control device 300 and display device 350 can be simultaneously connected to the gaming server 500 through separate and distinct Internet connections 425. Preferably, the internet connections 425 in FIG. 11 are via the web-socket protocol.
Jeffery [0098] use the web-socket protocol to communicate via the gaming server)
and wherein the HTTP handshake is replaced by the socket connection
(Jeffery [0124] We use the WebSocket API to receive data from the control device 300 and communicate with the Unity game engines... it sends a callback to our native app....it sends a socket call back to a native browser app. The native browser app sends back the details of the play result, to UnityWeb by calling unity.sendMessage(“unity function”). ... Unity just calls the respective methods whenever needed. The response to network calls is also listened for by the native app and it communicates these data back to Unity via unity.sendMessage(“unity function”).)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the virtual transactions of Harris to incorporate the separate virtual reality headset of Jeffrey for a “Oculus Rift virtual reality headset” (Jeffery [0063]). The modification would have been obvious, because it is merely applying a known technique (i.e. virtual transactions) to a known concept (i.e. virtual reality headset) ready for improvement to yield predictable result (i.e. "wherein the control device is a smart phone.” Jeffery [Claim 3])
Jeffrey does not teach updating, by the mobile consumer device, listeners of the mobile consumer device according to the socket connection; comparing, by a processor of the mobile consumer device, the input response to the user authentication data stored on the mobile consumer device to determine a match; detecting, by a mobile consumer device, a virtual reality device compatible with the mobile consumer device;
Christmas teaches,
updating, by the mobile consumer device, listeners of the mobile consumer device according to the socket connection;
(Christmas [0051] PSD 800 may also comprise a wearable device, a watch, necklace, phone case, smartphone, laptop/notebook, mobile workstation, implanted chips, clothing item, wallet, etc.
Christmas [0065] Various secondary modules may be removably coupled to the primary module, such as ...LTE hotspot devices, ....virtual reality units
Christmas [0035] the transmission range may be up to about 200 feet-300 feet. The SCS may open a socket on first device 110 to listen for broadcast messages. The broadcast message may be sent by a variety of hardware. For example, the broadcast message may be transmitted via an 802.11 wireless chip, Bluetooth® chip, or NFC.
Christmas [0047] First device 110 may open a new socket for a broadcast message (410). First device 110 may transmit the IP address that first device 110 is listening on for a response to the broadcast message (420). First device 110 may open a new datagram socket to listen for a response message (430).)
comparing, by a processor of the mobile consumer device, the input response to the user authentication data stored on the mobile consumer device to determine a match
(Christmas [0004] Typical encryption methods use cyphers to create data that is easy to encrypt but hard to reverse without knowing the cypher, or use one-way hashing to produce a hashed value that can be compared and confirmed to match
Christmas [0006] Data may be encrypted using the enclosed processes on any device... A user may input a password/key to decrypt the encrypted data file. The user will only learn if the decryption was successful by viewing the decrypted data.)
detecting, by a mobile consumer device, a virtual reality device compatible with the mobile consumer device,
(Christmas [0016] communicate with a device or network other than the mobile device or mobile operating system …the operating system which monitors various hardware components and then communicates a detected input from the hardware.
Christmas [0122] client may include an operating system (e.g., WINDOWS®, WINDOWS MOBILE® operating systems
Christmas [0065] Various secondary modules may be removably coupled to the primary module, such as ...LTE hotspot devices, ....virtual reality units)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the virtual transactions of Harris to incorporate device detection of Christmas for “operating system which monitors various hardware components and then communicates a detected input from the hardware.” (Christmas [0016]). The modification would have been obvious, because it is merely applying a known technique (i.e. device detection) to a known concept (i.e. virtual transactions) ready for improvement to yield predictable result (i.e. " communicate with a device or network other than the mobile device or mobile operating system.” Christmas [0016])
Regarding Claim 23,
Harris, Jeffery, and Christmas teach the virtual reality payments of Claim 21 as described earlier.
Harris teaches,
based on determining the user is not authenticated, generating a second prompt for the user to provide user credentials..
(Harris [0224] using a mobile device such as iPhone, the consumer may initially enter a device ID such as an Apple ID to get into the device.
Harris [0320] provide authentication credentials 1541, such as entering a cardholder's PIN for the card *5493 (e.g., 1543), submitting the cardholder's fingerprint scan 1545, and/or the like.
Harris [0105] If a matching action is not found 313, then MDGAAT may prompt the user to retry)
Regarding Claim 24,
Harris, Jeffery, and Christmas teach the virtual reality payments of Claim 21 as described earlier.
Harris does not teach pairing the mobile consumer device with the virtual reality device.
Christmas teaches,
pairing the mobile consumer device with the virtual reality device.
(Christmas [0003] Devices enabled with Bluetooth® may communicate directly.
Christmas [0035] the transmission range may be up to about 200 feet-300 feet. The SCS may open a socket on first device 110 to listen for broadcast messages. The broadcast message may be sent by a variety of hardware. For example, the broadcast message may be transmitted via an 802.11 wireless chip, Bluetooth® chip, or NFC.
Christmas [0080] may comprise one or more components capable of wireless communication, such as, for example, an 802.11 or 802.2(2) wireless chip, a Bluetooth® chip, an NFC chip, or the like. Communication module 1520 may also be configured to receive input ... may comprise any combination of hardware and/or software capable of providing instructions to storage module ...communication module 1520, and/or encryption module
Christmas [0065] Various secondary modules may be removably coupled to the primary module, such as ...LTE hotspot devices, ....virtual reality units
Christmas [0051] PSD 800 may also comprise a wearable device, a watch, necklace, phone case, smartphone, laptop/notebook, mobile workstation.)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the virtual transactions of Harris to incorporate device detection of Christmas for “operating system which monitors various hardware components and then communicates a detected input from the hardware.” (Christmas [0016]). The modification would have been obvious, because it is merely applying a known technique (i.e. device detection) to a known concept (i.e. virtual transactions) ready for improvement to yield predictable result (i.e. " communicate with a device or network other than the mobile device or mobile operating system.” Christmas [0016])
Regarding Claim 26,
Harris, Jeffery, and Christmas teach the virtual reality payments of Claim 24 as described earlier.
Harris does not teach pairing the mobile consumer device with the virtual reality device via a Quick Response (QR) Code.
Christmas teaches,
pairing the mobile consumer device with the virtual reality device via a Quick Response (QR) Code.
(Christmas [0003] Devices enabled with Bluetooth® may communicate directly.
Christmas [0035] the transmission range may be up to about 200 feet-300 feet. The SCS may open a socket on first device 110 to listen for broadcast messages. The broadcast message may be sent by a variety of hardware. For example, the broadcast message may be transmitted via an 802.11 wireless chip, Bluetooth® chip, or NFC.
Christmas [0080] may comprise one or more components capable of wireless communication, such as, for example, an 802.11 or 802.2(2) wireless chip, a Bluetooth® chip, an NFC chip, or the like. Communication module 1520 may also be configured to receive input ... may comprise any combination of hardware and/or software capable of providing instructions to storage module ...communication module 1520, and/or encryption module
Christmas [0065] Various secondary modules may be removably coupled to the primary module, such as ...LTE hotspot devices, ....virtual reality units
Christmas [0051] PSD 800 may also comprise a wearable device, a watch, necklace, phone case, smartphone, laptop/notebook, mobile workstation
Christmas [0034] may discover available devices...second device 120 may display a symbol, such as a QR-code, a barcode, or text.
Christmas [0040] First device 110 may transmit a link, such as a QR-code, over a cellular network or the local network to second device 120)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the virtual transactions of Harris to incorporate device detection of Christmas for “operating system which monitors various hardware components and then communicates a detected input from the hardware.” (Christmas [0016]). The modification would have been obvious, because it is merely applying a known technique (i.e. device detection) to a known concept (i.e. virtual transactions) ready for improvement to yield predictable result (i.e. " communicate with a device or network other than the mobile device or mobile operating system.” Christmas [0016])
Regarding Claim 27,
Harris, Jeffery, and Christmas teach the virtual reality payments of Claim 24 as described earlier.
Harris does not teach pairing the mobile consumer device with the virtual reality device via a Near Field Communication (NFC) tag.
Christmas teaches,
pairing the mobile consumer device with the virtual reality device via a Near Field Communication (NFC) tag.
(Christmas [0003] Devices enabled with Bluetooth® may communicate directly.
Christmas [0035] the transmission range may be up to about 200 feet-300 feet. The SCS may open a socket on first device 110 to listen for broadcast messages. The broadcast message may be sent by a variety of hardware. For example, the broadcast message may be transmitted via an 802.11 wireless chip, Bluetooth® chip, or NFC.
Christmas [0080] may comprise one or more components capable of wireless communication, such as, for example, an 802.11 or 802.2(2) wireless chip, a Bluetooth® chip, an NFC chip, or the like.
Christmas [0065] Various secondary modules may be removably coupled to the primary module, such as ...LTE hotspot devices, ....virtual reality units
Christmas [0051] PSD 800 may also comprise a wearable device, a watch, necklace, phone case, smartphone, laptop/notebook, mobile workstation
Christmas [0035] the broadcast message may be transmitted via an 802.11 wireless chip, Bluetooth® chip, or NFC.)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the virtual transactions of Harris to incorporate device detection of Christmas for “operating system which monitors various hardware components and then communicates a detected input from the hardware.” (Christmas [0016]). The modification would have been obvious, because it is merely applying a known technique (i.e. device detection) to a known concept (i.e. virtual transactions) ready for improvement to yield predictable result (i.e. " communicate with a device or network other than the mobile device or mobile operating system.” Christmas [0016])
Regarding Claim 28,
Harris, Jeffery, and Christmas teach the virtual reality payments of Claim 24 as described earlier.
Harris teaches,
generating a private session
(Harris [0147] may allow for the execution of program components through facilities such as ...Secure Hypertext Transfer Protocol (HTTPS), Secure Socket Layer (SSL)
Harris [0152] plication such as Microsoft Internet Explorer or Netscape Navigator. Secure Web browsing may be supplied with 128 bit (or greater) encryption by way of HTTPS, SSL, and/or the like.
Harris [0157] Secure Hash Algorithm (SHA), Secure Socket Layer (SSL), Secure Hypertext Transfer Protocol (HTTPS), and/or the like. Employing such encryption security protocols, the MDGAAT may encrypt all incoming and/or outgoing communications and may serve as node within a virtual private network (VPN) with a wider communications network.
Harris [0516] create a server-side SSL socket, listen for/accept incoming communication
Harris [0521] may personalize his gesture commands so that they are unique, private, and convenient for him)
between the mobile consumer device and the virtual reality device
(Harris [0234] a consumer provides... mobile device identity (e.g., IMEI, ESN, SIMid, etc.)
Harris [0224] using a mobile device such as iPhone, the consumer may initially enter a device ID such as an Apple ID to get into the device. In one implementation, the device ID may be the ID used to gain access to the V-GLASSES application. As such, the V-GLASSES may use the device ID to identify the consumer and the consumer need not enter another set of credentials)
generating a user interface or icon in the virtual reality environment based on another prompt from the mobile application or the mobile consumer device.
(Harris [0124] the user may also see an action prompt
Harris [0298] the V-GLASSES may provide a wallet icon 916 overlaid on top of the captured reality scene, and prompt the user to “drag” the card into the wallet icon...the user may tap and move his finger on the touchable screen of his mobile device to “drag” the card)
generating a private session between the mobile consumer device and the virtual reality device
(Harris [0485] requires less than one second to perform a 512-bit RSA private key operation
Harris [0499] the V-GLASSES may encrypt all incoming and/or outgoing communications and may serve as node within a virtual private network (VPN)
Harris [0438] may include at least a session ID for the user's shopping session with the merchant.)
Claim 29 is rejected on the same basis as Claim 21.
Claim 31 is rejected on the same basis as Claim 23.
Claim 32 is rejected on the same basis as Claim 24.
Claim 34 is rejected on the same basis as Claim 26.
Claim 35 is rejected on the same basis as Claim 27.
Claim 36 is rejected on the same basis as Claim 28.
Claim 37 is rejected on the same basis as Claim 21.
Claim 39 is rejected on the same basis as Claim 23.
Claim 40 is rejected on the same basis as Claim 24.
Response to Remarks
Applicant's arguments filed on December 2, 2025, have been fully considered and Examiner’s remarks to Applicant’s amendments follow.
Response Remarks on Claim Rejections - 35 USC § 101
The Applicant states:
“First, according to the 2019 Guidance, for a claim to be an abstract idea, the
claim must recite limitations that incorporate mathematical concepts or constitute mental processes or certain methods or techniques of organizing human activity. S MPEP § 2106.04(a). Applicant submits that the present claims do not recite any limitations falling within any of these enumerated groupings. …. Because the amended claims do not recite any mathematical relationships, formulas, or calculations, the claims cannot be properly rejected under § 101 for merely involving, at some level, mathematical relationships, formulas, or calculations. … Additionally, the August Memo instructs examiners to analyze the claim as a
whole rather than by evaluating claim limitations in a vacuum… . In that regard, by providing a previously unavailable mechanism for users of a virtual reality system to utilize payment or other credentials stored on a mobile device, the claimed approach recites limitations that improve computer-related technology, which indicates that the claims integrate an exception into a practical application. Visual Memory LLC v. NVIDIA Corp.,…Ex Parte Desjardins… the present claims recite limitations that integrate any purported abstract idea into a practical application "
Examiner responds:
Firstly, the claimed limitations clearly relate to managing virtual reality transactions/interactions between consumer/buyer, merchant, and/or financial services provider. The limitations, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity. Specific instances include instructions for “for authenticating electronic transactions... using user data... for authenticating payment transactions...to provide confirmation for the purchase...authorizing...the purchase” recite a fundamental economic principles or practice and/or commercial or legal interactions. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation as a fundamental economic, commercial, or financial action, principle, or practice then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas.
Secondly, the Examiner never rejected the claims under mathematical concepts.
Lastly, Examiner considered the entirety of the claims as a whole and deemed it as discussing an abstract idea. The additional elements of the virtual reality device fail to integrate the abstract idea of payment transactions as any generic device may function in a similar manner.
The limitation, “device cannot store, contain, or access user registration authentication data stored on the mobile consumer device for a mobile application installed on the mobile consumer device” can be accomplished with a simple OAuth implementation from GitHub:
Wikipedia (“OAuth, 5 January 2023) defines "OAuth (short for "Open Authorization") is an open standard for access delegation, commonly used as a way for internet users to grant websites or applications access to their information on other websites but without giving them the passwords... It specifies a process for resource owners to authorize third-party access to their server resources without providing credentials."
The claims’ invocation of devices, sockets, listeners, and authentication does not transform the claimed subject matter into patent-eligible applications. The claims at issue do not require any nonconventional devices, sockets, listeners, and authentication components, or even a “non-conventional and non-generic arrangement of known, conventional pieces,” but merely call for performance of the claimed information collection, analysis, and display functions on a set of generic computer components and devices.
The focus of the claims is not on such an improvement in sockets and HTTP protocols as tools, but on certain independently abstract ideas that use sockets and HTTP protocols as tools. Nothing in the claims, understood in light of the specification, requires anything other than off-the-shelf, conventional computer, network, and VR technology for gathering, synthesizing, sending, and presenting the desired information. See MPEP 2106.05(d) well-understood, routine, and conventional.
Nothing in the Applicant’s Specification prevents the virtual reality device from being a GOOGLE CARDBOARD virtual reality device that is merely a generic ANDROID mobile phone with “some cardboard, a magnet, a rubber band, some magnifying glasses, and the Cardboard App”, see Levy (“Google Figured Out How To Turn Any Phone Into A Virtual Reality Headset For Next To Nothing”, Jun 25, 2014) . As such, a user may share identity and payment credentials which they can later use in a public VR application via many existing services such as PayPal, Google Pay, Steam, Facebook, etc. In contrast, nothing in Applicant’s Specification precludes a VR device from being a generic mobile phone running VR software such as Samsung Gear VR or Google Cardboard. Therefore, no improvement of an existing technology occurs.
Given the Applicant’s VR headsets may be interpreted as generic mobile phones such as Samsung Gear VR or Google Cardboard communicating with each other in expected fashion, no improvement of an existing technology is perceived. Therefore, the functioning of the computer/VR device itself is not improved. The computer/VR device only performs transmitting of data over network, receiving/processing/storing data, and performing calculation (manipulating data based on model/algorithm). Covered by MPEP 2106.5(d).
Applicant’s invention is not directed to memory management and all the claimed components operate as expected. In the absence of unexpected results, changes or alteration of sequence do not make for a patentable invention, see Ex parte Rubin, 128 USPQ 440 (Bd. App. 1959) ; In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930)
Therefore, the rejection under 35 USC § 101 remains.
Response Remarks on Claim Rejections - 35 USC § 103
Applicant's arguments precipitated the application of new/additional prior art.
Therefore, the rejection under 35 USC § 103 remains.
Prior Art Cited But Not Applied
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wikipedia (“OAuth, 5 January 2023) defines "OAuth (short for "Open Authorization") is an open standard for access delegation, commonly used as a way for internet users to grant websites or applications access to their information on other websites but without giving them the passwords... It specifies a process for resource owners to authorize third-party access to their server resources without providing credentials."
Levy ("GOOGLE FIGURED OUT HOW TO TURN ANY PHONE INTO A VIRTUAL REALITY HEADSET FOR NEXT TO NOTHING", Jun 25, 2014) proposes “that with just some cardboard, a magnet, a rubber band, some magnifying glasses, and the Cardboard App you too can fly around a virtual space, just like you can with the Occulus Rift VR glasses.”
Examiner personally participated in a public virtual reality device demonstration of Samsung Gear VR at the Celebrate Fairfax (county fair) in Fairfax Virginia in 2016 in which AT&T and Samsung demonstrated a VR experience powered by a conventional Samsung Galaxy mobile phone that acts as the headset's display and processor:
Alexia S Neighbor (“What was a COW doing at Celebrate Fairfax! Last Weekend?” Patch.com, Jun 14, 2016): “AT&T also hosted a booth where visitors learned about innovative new technologies…. and experienced virtual reality with the Samsung Gear VR. The Samsung Gear VR is the latest in virtual reality technology and allowed users to experience 3-D simulations, which was fun for the whole family.”
VentureBeat (“Watch Amazon’s VR kiosks transform the future of shopping”, VentureBeat, July 12, 2018): “Amazon announced that it has opened virtual reality kiosks in 10 shopping malls to promote its upcoming Prime Day shopping event. Now you can see the Amazon VR experience for yourself. Prepare to be impressed: It’s significantly more elaborate than expected, and shows how a top retailer is transforming the future of shopping.”
Wikipedia (“Samsung Gear VR”, Wikipedia.com, October 2018): “When in use, a compatible Samsung Galaxy device (Galaxy Note 5, Galaxy S6/S6 Edge/S6 Edge+, Galaxy S7/S7 Edge, Galaxy S8/S8+, Galaxy Note FE, Galaxy Note 8, Galaxy A8/A8+ or Galaxy S9/S9+ is required…..) acts as the headset's display and processor”
Conclusion
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/CHINEDU U. EKECHUKWU/ Examiner, Art Unit 3695 /CHRISTINE M Tran/Supervisory Patent Examiner, Art Unit 3695