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 .
Status of Claims
This action is in reply to the communications filed on August 14, 2025. The Applicant’s Amendment and Request for Reconsideration has been received and entered.
Claims 1-7, 11-12, and 15-25 are currently pending and have been examined. Claims 1, 6, 11, and 15 have been amended. Claims 8-10 and 13-14 have been canceled. Claims 16-25 are newly added.
The previous rejection of claims 1-15 under 35 USC 112(b) has been withdrawn.
Response to Arguments
Applicant’s amendments necessitated any new grounds of rejection.
The previous rejection of claims 1-15 under 35 USC 112(b) has been withdrawn in view of Applicant’s amendments and arguments.
Applicant argues at page 9 of Applicant’s Reply dated August 14, 2025 (hereinafter “Applicant’s Reply”), that, regarding claim 12, “it is unclear where or how Cypher discloses an illuminated feedback indicator around a sensor area. Applicant respectfully submits that Cypher does not disclose such a feature.” The Examiner respectfully asserts that this argument is conclusory. Both in the previous Office Action and below, the Examiner has cited Cypher as disclosing wherein the illuminated feedback indicator extends around a sensor area. Cypher discloses that the system receives information from the user about the intended use of the item, i.e., to be worn at a cocktail party (See Cypher, at least para. [0125]). Cypher further discloses that the customization module adjusts one or more environmental settings of the fitting room based on any one of the user data, garment type, or intended use information in reply to the user input. (See Cypher, at least para. [0126]). Cypher further discloses, as an example, if an individual is trying on a cocktail dress to be later worn at a cocktail party, the background (e.g., a display wall located behind the individual) may be changed to resemble a cocktail party, and the lighting can be adjusted to more accurately reflect the lighting of a cocktail party. (See Cypher, at least para. [0104]). The Examiner respectfully asserts that adjusting the lighting and background provides feedback to the user regarding the intended use of the item. Further, the Examiner respectfully asserts that the fitting room corresponds to the product placement area/sensor area. Thus, Cypher discloses this limitation.
Applicant’s remaining arguments have been fully considered but, as they are directed to the instantly amended claims, they are moot in view of the new grounds of rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 16 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 16 recites “wherein the plurality of discrete interface regions are recessed below an upper surface of the housing.” Nowhere does Applicant’s as-filed disclosure disclose this limitation.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 23 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
In the instant case, claim 23 fails to further limit the subject matter of the claim upon which it depends. Claim 23 recites “wherein the illuminated feedback indicator extends around a product placement area, the product placement area encompassing the sensor area.” Claim 21, from which claim 23 depends, recites “wherein the illuminated feedback indicator extends around a product placement area, the product placement area encompassing the sensor area”. Claim 23 appears to recite the same subject matter as claim 21 and, thus, fails to further limit claim 21.
Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims complies with the statutory requirements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0262288 A1 to Cypher et al. (hereinafter “Cypher”).
Claim 21: Cypher discloses a system and method “for providing a customized fitting room environment” including “adjusting one or more environmental settings of the fitting room based on the garment type” that a customer brings into the fitting room. (See Cypher, at least Abstract). Cypher further discloses “adjusting environmental settings based on various combinations of user data and a desired use case of the garment specified by the individual.” (See Cypher, at least Abstract). Cypher further discloses:
a housing defining a shape of the interactive retail customer interface, adapted and configured to secure and contain operable components of the interactive retail customer interface (See Cypher, at least FIG. 7 and associated text; para. [0081], interactive mirror display presents a GUI and includes two modes of operation including as an ordinary mirror);
a sensor adapted and configured to receive identifying data related to a selected retail product (See Cypher, at least FIG. 8 and associated text; para. [0085], interactive mirror display includes a camera and an RFID reader);
a display adapted and configured to provide product information to a user relating to the selected retail product (See Cypher, at least para. [0089], interface module generates and causes presentation of GUIs and other content such as videos, images, or text to users; para. [0091], product identification module identifies items using RFID reader, barcode scanner, image processing of an image received from a camera to identify items; para. [0112], identification module accesses detailed product information for the item from a database; para. [0113], interface module generates an interactive GUI using the detailed product information; para. [0114], interface module causes interactive GUI to be displayed to the individual on the display unit);
a user interface adapted and configured to receive user input in response to the displayed product information (See Cypher, at least para. [0114], causing of the interactive GUI to be displayed causes the interactive mirror display to transition from a mirror surface to a touch display surface operable to receive user input);
a controller programmed to receive the identifying data from the sensor, programmatically provide the product information to the display, and respond to the user input received from the user interface (See Cypher, at least para. [0088], interactive mirror includes controller that includes the interface module, the identification module, and a social module (as well as other modules); para. [0091], product identification module identifies items using RFID reader, barcode scanner, image processing of an image received from a camera to identify items; para. [0112], identification module accesses detailed product information for the item from a database; para. [0113], interface module generates an interactive GUI using the detailed product information; para. [0114], interface module causes interactive GUI to be displayed to the individual on the display unit; para. [0099], social module provides a GUI that includes a list of a user’s social network connections; social module receives a selection of one of the social network connections and provides a communication interface to enable communication between user and social network connection); and
an illuminated feedback indicator extending around a product placement area, the product placement area including a sensor area, the illuminated feedback indicator adapted to illuminate programmatically to convey feedback to the user (See Cypher, at least para. [0125], system receives information from user about intended use of the item, i.e., to be worn at a cocktail party; para. [0126], customization module adjusts one or more environmental settings of the fitting room based on any one of the user data, garment type, or intended use information; para. [0104], for example, if an individual is trying on a cocktail dress to be later worn at a cocktail party, the background (e.g., a display wall located behind the individual) may be changed to resemble a cocktail party, and the lighting can be adjusted to more accurately reflect the lighting of a cocktail party, i.e., the change in lighting and background provides feedback to user regarding the intended use of the item; fitting room corresponds to the product placement area/sensor area).
Claim 22: Cypher further discloses wherein the feedback conveyed to the user comprises a color representing successful reception of the identifying data related to the selected retail product (See Cypher, at least para. [0128], user has specified that the intended use of the garment is for jogging in the park, and accordingly, the overhead light array has been adjusted to produce bright light to mimic sunlight, i.e., the color of sunlight displayed indicates that system has received the instructions from the user).
Claim 23: Cypher further discloses wherein the illuminated feedback indicator extends around a product placement area, the product placement area encompassing the sensor area (See Cypher, at least para. [0125], system receives information from user about intended use of the item, i.e., to be worn at a cocktail party; para. [0126], customization module adjusts one or more environmental settings of the fitting room based on any one of the user data, garment type, or intended use information; para. [0104], for example, if an individual is trying on a cocktail dress to be later worn at a cocktail party, the background (e.g., a display wall located behind the individual) may be changed to resemble a cocktail party, and the lighting can be adjusted to more accurately reflect the lighting of a cocktail party, i.e., the change in lighting and background provides feedback to user regarding the intended use of the item; fitting room corresponds to the product placement area/sensor area).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 7, 11-12, 15, 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0262288 A1 to Cypher et al. (hereinafter “Cypher”), in view of US 2019/0354956 A1 to Lee et al. (hereinafter “Lee”).
Claim 1: Cypher discloses:
a housing defining a shape of the interactive retail customer interface, adapted and configured to secure and contain operable components of the interactive retail customer interface (See Cypher, at least FIG. 7 and associated text; para. [0081], interactive mirror display presents a GUI and includes two modes of operation including as an ordinary mirror);
a sensor adapted and configured to receive identifying data related to a selected retail product (See Cypher, at least FIG. 8 and associated text; para. [0085], interactive mirror display includes a camera and an RFID reader);
a display adapted and configured to provide product information to a user relating to the selected retail product (See Cypher, at least para. [0089], interface module generates and causes presentation of GUIs and other content such as videos, images, or text to users; para. [0091], product identification module identifies items using RFID reader, barcode scanner, image processing of an image received from a camera to identify items; para. [0112], identification module accesses detailed product information for the item from a database; para. [0113], interface module generates an interactive GUI using the detailed product information; para. [0114], interface module causes interactive GUI to be displayed to the individual on the display unit);
a user interface adapted and configured to receive user input in response to the displayed product information (See Cypher, at least para. [0114], causing of the interactive GUI to be displayed causes the interactive mirror display to transition from a mirror surface to a touch display surface operable to receive user input); and
a controller programmed to receive the identifying data from the sensor, programmatically provide the product information to the display, and respond to the user input received from the user interface (See Cypher, at least para. [0088], interactive mirror includes controller that includes the interface module, the identification module, and a social module (as well as other modules); para. [0091], product identification module identifies items using RFID reader, barcode scanner, image processing of an image received from a camera to identify items; para. [0112], identification module accesses detailed product information for the item from a database; para. [0113], interface module generates an interactive GUI using the detailed product information; para. [0114], interface module causes interactive GUI to be displayed to the individual on the display unit; para. [0099], social module provides a GUI that includes a list of a user’s social network connections; social module receives a selection of one of the social network connections and provides a communication interface to enable communication between user and social network connection).
Cypher further discloses wherein the user interface includes a plurality of discrete interface regions (See Cypher, at least FIG. 7 and associated text, item 702 indicates discrete interface regions depicting different items; para. [0082], interface 702 identifies each item brought into the interactive fitting room and provides detailed product information about the items (e.g., price, brand, color, size).
Cypher does not expressly disclose wherein the user interface includes a plurality of discrete interface regions separated from one another by non-interface regions of the housing, each of the plurality of discrete interface regions including a touch-sensitive digital display.
However, Lee discloses a “mobile terminal capable of communicating with a vehicle through a Passive Keyless Entry (PKE) system and a payment method using the mobile terminal.” (See Lee, at least para. [0002]). Lee further discloses that the mobile terminal may be a cellular phone, smart phone, user equipment, laptop computer, digital broadcast terminal, personal digital assistant, portable multimedia players, navigators, portable computers, slate PCs, tablet PCs, ultra books, wearable devices (for example, smart watches, smart glasses, head mounted displays (HMDs)), etc. and may also be a stationary terminal such as a digital TV, a desktop computer, etc. (See Lee, at least para. [0041]). Lee further discloses wherein the user interface includes a plurality of discrete interface regions separated from one another by non-interface regions of the housing, each of the plurality of discrete interface regions including a touch-sensitive digital display (See Lee, at least FIG. 2 and associated text, item 190 is a touch screen, items 161a-c are buttons that are separated from the touch screen by the housing; paras. [0103]-[0106], item 190 is a touch screen, item 161a is a button used to display the main home screen, item 161b is a button used to provide a connection menu, item 161c is a button used to display the previous screen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the interactive fitting room system and method of Cypher the ability wherein the user interface includes a plurality of discrete interface regions separated from one another by non-interface regions of the housing, each of the plurality of discrete interface regions including a touch-sensitive digital display as disclosed by Lee since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide increased functionality to mobile terminals. (See Lee, at least para. [0004]).
Claim 2: The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Cypher further discloses wherein the sensor is a radio-frequency ID sensor (See Cypher, at least FIG. 8 and associated text; para. [0085], interactive mirror display includes an RFID reader).
Claim 3: The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Cypher further discloses wherein the sensor is an optical sensor (See Cypher, at least FIG. 8 and associated text; para. [0085], interactive mirror display includes a camera).
Claim 4: The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Cypher further discloses wherein the user interface includes one or more touch-sensitive screens (See Cypher, at least para. [0114], causing of the interactive GUI to be displayed causes the interactive mirror display to transition from a mirror surface to a touch display surface operable to receive user input).
Claim 5: The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Cypher does not expressly disclose wherein the user interface includes one or more physical buttons.
However, Lee discloses wherein the user interface includes one or more physical buttons (See Lee, at least para. [0066], mobile terminal includes user input unit that may include a mechanical button).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the interactive fitting room system and method of Cypher the ability wherein the user interface includes one or more physical buttons as disclosed by Lee since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide increased functionality to mobile terminals. (See Lee, at least para. [0004])..
Claim 7: The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Cypher further discloses a data connection to external database to retrieve inventory information (See Cypher, at least para. [0112], identification module accesses detailed product information for the item from a database; information includes, image, description, price, category, color, size, style, brand; para. [0038], store server is communicatively coupled to a database which stores inventory, transaction histories, etc.).
Claim 11: The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Cypher further discloses an illuminated feedback indicator adapted to illuminate programmatically to convey feedback to the user (See Cypher, at least para. [0125], system receives information from user about intended use of the item, i.e., to be worn at a cocktail party; para. [0126], customization module adjusts one or more environmental settings of the fitting room based on any one of the user data, garment type, or intended use information; para. [0104], for example, if an individual is trying on a cocktail dress to be later worn at a cocktail party, the background (e.g., a display wall located behind the individual) may be changed to resemble a cocktail party, and the lighting can be adjusted to more accurately reflect the lighting of a cocktail party, i.e., the change in lighting and background provides feedback to user regarding the intended use of the item; fitting room corresponds to the product placement area/sensor area).
Claim 12: The combination of Cypher and Lee discloses all the limitations of claim 11 discussed above.
Cypher further discloses wherein the illuminated feedback indicator extends around a sensor area (See Cypher, at least para. [0125], system receives information from user about intended use of the item, i.e., to be worn at a cocktail party; para. [0126], customization module adjusts one or more environmental settings of the fitting room based on any one of the user data, garment type, or intended use information; para. [0104], for example, if an individual is trying on a cocktail dress to be later worn at a cocktail party, the background (e.g., a display wall located behind the individual) may be changed to resemble a cocktail party, and the lighting can be adjusted to more accurately reflect the lighting of a cocktail party, i.e., the change in lighting and background provides feedback to user regarding the intended use of the item; fitting room corresponds to the product placement area/sensor area).
Claim 15: The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Cypher further discloses wherein the interactive retail customer interface is integrated into retail fitting room furniture, the interactive retail customer interface is integrated into a retail display fixture, or comprises a floor-mounted pedestal (See Cypher, at least FIG. 7 and associated text; para. [0081], interactive mirror display presents a GUI and includes two modes of operation including as an ordinary mirror).
Claim 20: The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Cypher further discloses an illuminated feedback indicator adapted to illuminate programmatically to convey feedback to the user, wherein the illuminated feedback indicator extends around a product placement area, the product placement area encompassing a sensor area (See Cypher, at least para. [0125], system receives information from user about intended use of the item, i.e., to be worn at a cocktail party; para. [0126], customization module adjusts one or more environmental settings of the fitting room based on any one of the user data, garment type, or intended use information; para. [0104], for example, if an individual is trying on a cocktail dress to be later worn at a cocktail party, the background (e.g., a display wall located behind the individual) may be changed to resemble a cocktail party, and the lighting can be adjusted to more accurately reflect the lighting of a cocktail party, i.e., the change in lighting and background provides feedback to user regarding the intended use of the item; fitting room corresponds to the product placement area/sensor area).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Cypher in view of Lee as applied to claim 1 above, and further in view of US 11,350,151 B2 to Seed et al. (hereinafter “Seed”).
The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Neither Cypher nor Lee expressly discloses wherein the user interface is adapted and configured to display a displayed quick response (QR) code, allowing the user to control the user interface remotely through a mobile device.
However, Seed discloses “methods, systems, and devices for enabling a user of a mobile phone to use the mobile phone to select what content is displayed on a display screen of a consumer electronic device (e.g., a television) on display in a retail store.” (See Seed, at least Abstract). Seed further discloses wherein the user interface is adapted and configured to display a displayed quick response (QR) code, allowing the user to control the user interface remotely through a mobile device (See Seed, at least col. 10, lines 60-67, user uses mobile device to scan a QR code on one of the TV screens; in response a “Take Control” button is displayed on the screen of the user’s mobile device; user selects the “Take Control” button and the user can then take control over what is displayed on the TV screen using the user’s mobile device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the interactive fitting room system and method of Cypher and the mobile terminal of Lee the ability wherein the user interface is adapted and configured to display a displayed quick response (QR) code, allowing the user to control the user interface remotely through a mobile device as disclosed by Seed since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to use their own cellular network and all the features of their phone along with being able to control functionality of a product in a store without having to connect to the store’s network. (See Seed, at least col. 14, lines 27-45).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Cypher in view of Lee as applied to claim 1 above, and further in view of US 8,604,931 B1 to Veloso et al. (hereinafter “Veloso”).
The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Neither Cypher nor Lee expressly discloses wherein the plurality of discrete interface regions are recessed below an upper surface of the housing.
However, Veloso discloses a “security access device for a portable electronic device”. (See Veloso, at least Abstract). Veloso further discloses wherein the plurality of discrete interface regions are recessed below an upper surface of the housing (See Veloso, at least FIG. 3 and associated text, mobile communication device includes item 13 touch screen and item 27 is a plurality of recessed buttons; col. 8, lines 40-45, item 13 is a touch screen; col. 9, lines 10-20, item 27 is a plurality of recessed security access buttons).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the interactive fitting room system and method of Cypher and the mobile terminal of Lee the ability wherein the plurality of discrete interface regions are recessed below an upper surface of the housing as disclosed by Veloso since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “limit operation of hand held portable electronic devices”, particularly while driving. (See Veloso, at least col. 2, line 55 to col. 3, line 6).
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Cypher in view of Lee as applied to claim 1 above, and further in view of US 7,996,282 B1 to Scott et al. (hereinafter “Scott”).
Claim 17: The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Neither Cypher nor Lee expressly discloses wherein first and second discrete interface regions of the plurality of discrete interface regions are configured to display first and second parameters of the product information, respectively.
However, Scott discloses systems and methods “for causing the display of items for the review and selection thereof by a potential purchaser has a plurality of search tools whereby a customer can select certain search criteria for displaying items corresponding to the search criteria for review and selection thereof and comparison therebetween.” (See Scott, at least Abstract). Scott further discloses wherein first and second discrete interface regions of the plurality of discrete interface regions are configured to display first and second parameters of the product information, respectively (See Scott, at least FIG. 2 and associated text, item 86 is a color selection interface, item 88 is a size selection interface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the interactive fitting room system and method of Cypher and the mobile terminal of Lee the ability wherein first and second discrete interface regions of the plurality of discrete interface regions are configured to display first and second parameters of the product information, respectively as disclosed by Scott since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide “a more efficient way of displaying search results and/or makes it more convenient and efficient to purchase goods on-line when the customer desires to compare various products before making a purchase, thereby improving the on-line shopping experience with the on-line merchant.” (See Scott, at least col. 2, lines 25-33).
Claim 18: The combination of Cypher and Lee and Scott discloses all the limitations of claim 17 discussed above.
Neither Cypher nor Lee expressly discloses wherein the first parameter is color and the second parameter is size.
However, Scott discloses wherein the first parameter is color and the second parameter is size (See Scott, at least FIG. 2 and associated text, item 86 is a color selection interface, item 88 is a size selection interface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the interactive fitting room system and method of Cypher and the mobile terminal of Lee the ability wherein the first parameter is color and the second parameter is size as disclosed by Scott since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide “a more efficient way of displaying search results and/or makes it more convenient and efficient to purchase goods on-line when the customer desires to compare various products before making a purchase, thereby improving the on-line shopping experience with the on-line merchant.” (See Scott, at least col. 2, lines 25-33).
Claim 19: The combination of Cypher and Lee discloses all the limitations of claim 1 discussed above.
Cypher further discloses each of the plurality of discrete interface regions including a touch-sensitive digital display (See Cypher, at least FIG. 7 and associated text, item 702 indicates discrete interface regions depicting different items; para. [0082], interface 702 identifies each item brought into the interactive fitting room and provides detailed product information about the items (e.g., price, brand, color, size; para. [0114], causing of the interactive GUI to be displayed causes the interactive mirror display to transition from a mirror surface to a touch display surface operable to receive user input).
Neither Cypher nor Lee expressly discloses first and second ones of the plurality of discrete interface regions being adapted and configured to display and allow selection by the user of color and size of the selected retail product, respectively.
However, Scott discloses first and second ones of the plurality of discrete interface regions being adapted and configured to display and allow selection by the user of color and size of the selected retail product, respectively (See Scott, at least FIG. 2 and associated text, item 86 is a color selection interface, item 88 is a size selection interface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the interactive fitting room system and method of Cypher and the mobile terminal of Lee the ability of first and second ones of the plurality of discrete interface regions being adapted and configured to display and allow selection by the user of color and size of the selected retail product, respectively as disclosed by Scott since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide “a more efficient way of displaying search results and/or makes it more convenient and efficient to purchase goods on-line when the customer desires to compare various products before making a purchase, thereby improving the on-line shopping experience with the on-line merchant.” (See Scott, at least col. 2, lines 25-33).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Cypher as applied to claim 21 above, and further in view of Lee.
Cypher discloses all the limitations of claim 21 discussed above.
Cypher further discloses wherein the user interface includes a plurality of discrete interface regions (See Cypher, at least FIG. 7 and associated text, item 702 indicates discrete interface regions depicting different items; para. [0082], interface 702 identifies each item brought into the interactive fitting room and provides detailed product information about the items (e.g., price, brand, color, size).
Cypher does not expressly disclose wherein the user interface includes a plurality of discrete interface regions separated from one another by non-interface regions of the housing.
However, Lee discloses wherein the user interface includes a plurality of discrete interface regions separated from one another by non-interface regions of the housing (See Lee, at least FIG. 2 and associated text, item 190 is a touch screen, items 161a-c are buttons that are separated from the touch screen by the housing; paras. [0103]-[0106], item 190 is a touch screen, item 161a is a button used to display the main home screen, item 161b is a button used to provide a connection menu, item 161c is a button used to display the previous screen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the interactive fitting room system and method of Cypher the ability wherein the user interface includes a plurality of discrete interface regions separated from one another by non-interface regions of the housing as disclosed by Lee since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide increased functionality to mobile terminals. (See Lee, at least para. [0004])..
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Cypher, in view of Lee, and further in view of Scott.
Cypher discloses:
a housing defining a shape of the interactive retail customer interface, adapted and configured to secure and contain operable components of the interactive retail customer interface (See Cypher, at least FIG. 7 and associated text; para. [0081], interactive mirror display presents a GUI and includes two modes of operation including as an ordinary mirror);
a sensor adapted and configured to receive identifying data related to a selected retail product (See Cypher, at least FIG. 8 and associated text; para. [0085], interactive mirror display includes a camera and an RFID reader);
a display adapted and configured to provide product information to a user relating to the selected retail product (See Cypher, at least para. [0089], interface module generates and causes presentation of GUIs and other content such as videos, images, or text to users; para. [0091], product identification module identifies items using RFID reader, barcode scanner, image processing of an image received from a camera to identify items; para. [0112], identification module accesses detailed product information for the item from a database; para. [0113], interface module generates an interactive GUI using the detailed product information; para. [0114], interface module causes interactive GUI to be displayed to the individual on the display unit);
a user interface adapted and configured to receive user input in response to the displayed product information…(See Cypher, at least para. [0114], causing of the interactive GUI to be displayed causes the interactive mirror display to transition from a mirror surface to a touch display surface operable to receive user input);
a controller programmed to receive the identifying data from the sensor, programmatically provide the product information to the display, and respond to the user input received from the user interface (See Cypher, at least para. [0088], interactive mirror includes controller that includes the interface module, the identification module, and a social module (as well as other modules); para. [0091], product identification module identifies items using RFID reader, barcode scanner, image processing of an image received from a camera to identify items; para. [0112], identification module accesses detailed product information for the item from a database; para. [0113], interface module generates an interactive GUI using the detailed product information; para. [0114], interface module causes interactive GUI to be displayed to the individual on the display unit; para. [0099], social module provides a GUI that includes a list of a user’s social network connections; social module receives a selection of one of the social network connections and provides a communication interface to enable communication between user and social network connection); and
an illuminated feedback indicator extending around a product placement area, adapted to illuminate programmatically to convey feedback to the user representing successful reception of the identifying data related to the selected retail product (See Cypher, at least para. [0125], system receives information from user about intended use of the item, i.e., to be worn at a cocktail party; para. [0126], customization module adjusts one or more environmental settings of the fitting room based on any one of the user data, garment type, or intended use information; para. [0104], for example, if an individual is trying on a cocktail dress to be later worn at a cocktail party, the background (e.g., a display wall located behind the individual) may be changed to resemble a cocktail party, and the lighting can be adjusted to more accurately reflect the lighting of a cocktail party, i.e., the change in lighting and background provides feedback to user regarding the intended use of the item; fitting room corresponds to the product placement area/sensor area).
Cypher does not expressly disclose the user interface including a plurality of discrete interface regions separated from one another by non-interface regions of the housing, each of the plurality of discrete interface regions including a touch-sensitive digital display.
However, Lee discloses the user interface including a plurality of discrete interface regions separated from one another by non-interface regions of the housing, each of the plurality of discrete interface regions including a touch-sensitive digital display (See Lee, at least FIG. 2 and associated text, item 190 is a touch screen, items 161a-c are buttons that are separated from the touch screen by the housing; paras. [0103]-[0106], item 190 is a touch screen, item 161a is a button used to display the main home screen, item 161b is a button used to provide a connection menu, item 161c is a button used to display the previous screen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the interactive fitting room system and method of Cypher the ability of the user interface including a plurality of discrete interface regions separated from one another by non-interface regions of the housing, each of the plurality of discrete interface regions including a touch-sensitive digital display as disclosed by Lee since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide increased functionality to mobile terminals. (See Lee, at least para. [0004]).
Neither Cypher nor Lee expressly discloses first and second ones of the plurality of discrete interface regions being adapted and configured to display and allow selection by the user of color and size of the selected retail product, respectively.
However, Scott discloses first and second ones of the plurality of discrete interface regions being adapted and configured to display and allow selection by the user of color and size of the selected retail product, respectively (See Scott, at least FIG. 2 and associated text, item 86 is a color selection interface, item 88 is a size selection interface; ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the interactive fitting room system and method of Cypher and the mobile terminal of Lee the ability of first and second ones of the plurality of discrete interface regions being adapted and configured to display and allow selection by the user of color and size of the selected retail product, respectively as disclosed by Scott since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to provide “a more efficient way of displaying search results and/or makes it more convenient and efficient to purchase goods on-line when the customer desires to compare various products before making a purchase, thereby improving the on-line shopping experience with the on-line merchant.” (See Scott, at least col. 2, lines 25-33).
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 date of this final action.
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