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 .
Status of Claims
Claims 1-22 have been examined in this Final Rejection. Claims 1, 4-6, 8-10, 15, 18, and 20 have been amended. Claims 1-22 are currently pending.
Priority
Application 18/251,589 filed 05/03/2023 claims priority to 371 of PCT/AU2021/051288 filed 11/02/2021 which claims priority to foreign application AU2020904003 filed 11/03/2020.
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 1-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-22 are directed to a system, method, or product which are/is one of the statutory categories of invention. (Step 1: YES).
Claims 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites system for determining the origin of a consumer product. For Claim 1 the limitations of:
[…] obtains image data from a consumer product and which processes the image data to identify a type of the consumer product,
[…] which retrieves meta data according to the type of the consumer product; and
[…] which controls a […] display to update […] according to the meta data,
[…] identifies boundaries of the consumer product within the image data and […] augments the image data within the boundaries, as drafted, are processes that, under the broadest reasonable interpretation, covers certain methods of organizing human activity (i.e., commercial or legal interactions (including advertising, marketing or sales activities or behaviors)) and/or managing personal behavior or relationships or interactions between people (i.e., including social activities, teaching, and following rules or instructions) but for recitation of generic computer components. The Examiner notes that “certain method[s] of organizing human activity” includes a person's interaction with a computer (see MPEP 2106.04(a)(2)(II)). If a claim limitation, under its broadest reasonable interpretation, covers marketing or sales activities or behaviors and/or following rules or instructions but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, Claim 1 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. Claim 1 recites the additional elements of electronic devices, an image sensor, an image processing controller, an identification controller, a user interface controller, and a user interface, that implements the identified abstract idea. These additional elements are not described by the applicant and are recited at a high-level of generality (i.e., one or more generic computers performing a generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer components. Accordingly, even in combination these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Claim 1, is directed to an abstract idea. (Step 2A-Prong 2: NO: the additional claimed elements are not integrated into a practical application).
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of electronic devices, an image sensor, an image processing controller, an identification controller, a user interface controller, and a user interface, to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”). Accordingly, even in combination, these additional elements do not provide significantly more. As such claim 1 is not patent eligible. (Step 2B: NO. The claims do not provide significantly more).
Dependent Claims 2-22 are similarly rejected because they either further define/narrow the abstract idea of independent claims 1 as discussed above. Claim(s) 2 merely describe(s) a live view of image data and augmenting the image data with meta data. Claim(s) 3 merely describe(s) storing user profile data comprising settings for a plurality of users including an array of source data and detects whether an array of source origin data contains the source origin data identified. Claim(s) 4 merely describe(s) displaying an indication of whether the meta data contains source origin data. Claim(s) 5 merely describe(s) a live view of the image data. Claim(s) 6 merely describe(s) augmenting image data with an indication of whether an array contains the meta data. Claim(s) 7 merely describe(s) augmenting image data with a transparent overlay layer. Claim(s) 9 merely describes relational data comprising a consumer product typer categorization. Claim(s) 10 merely describe(s) the product type categorization comprising a hierarchy of categories and subcategories. Claim(s) 11 merely describe(s) the consumer product data comprising location data and filtering the alternative types of consumer products in accordance with the location data. Claim(s) 12 merely describe(s) filtering alternative types of consumer products in accordance with the location of the electronic device determined by a GPS receiver. Claim(s) 13 merely describe(s) the GPS receiver determining the location of the respective electronic device and where the system updates the location data according to the determined location of the electronic device. Claim(s) 14 merely describe(s) selecting alternative consumer products in accordance with a distance threshold and a distance calculated in accordance with the location data. Claim(s) 17 merely describe(s) locating an alternative consumer product in accordance with the received signal strength indication of the short-range transmission. Claim(s) 19 merely describe(s) the consumer product identification data comprising data fields of SKU data. Claim(s) 21 merely describe(s) identifying the type of consumer product according to the text. Claims 2-7, 11-14, 17, and 21 include the additional elements of a user interface, user interface controller, identification controller, image processing controller, and electronic device. The user interface, user interface controller, identification controller, image processing controller, and electronic devices are analyzed in the same manner as the user interface, user interface controller, identification controller, image processing controller, and electronic devices in the independent claim and does not provide a practical application or significantly more for the same reasons above. Therefore claims 2-7, 9-14, 17, 19, and 21 are considered patent ineligible for the reasons given above.
Dependent Claim(s) 8, 15, 16, 18, 20, 22 recite limitations that further define the abstract idea noted in independent claim 1. In addition, it recites the additional elements of a database, short-range communication interface, sub controller, server, and wide area network. The database, short-range communication interface, sub controller, server, and wide area network, are recited at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computing component. Even in combination, these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself. Therefore, dependent claims 2-22 are considered patent ineligible for the reasons given above.
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.
Claim(s) 1-13, 18, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 20130346168 A1) in view of Peterson (US10776849B2).
Regarding Claim 1,
Zhou discloses, A system comprising a plurality of electronic devices, each electronic device comprising:
an image sensor and an image processing controller operably coupled thereto which obtains image data from a consumer product and which processes the image data to identify a type of the consumer product, "In certain embodiments, the camera 260 may be configured to capture an image of a product. The captured image may be processed by the processor to retrieve image information. The image information may include a name of the product or a trademark of the product. Information associated with the product may be retrieved from the image information and displayed on the display 235" (Zhou Par. 0046).
an identification controller which retrieves meta data "The augmented reality eyeglass communication device may be used to purchase products in a retail environment. To this end, the augmented reality eyeglass communication device, on receiving a user request to read one or more product codes, may read the product codes corresponding to products. The reading may include scanning the product code by the augmented reality eyeglass communication device and decoding the product code to receive product information. The product information may include a product price, a manufacture date, a manufacturing country, or a quantity of products. Prior to the reading, an aisle location of products may be determined. Each reading may be stored in a list of read products on the augmented reality eyeglass communication device. Additionally, the user may create one or more product lists" (Zhou Par. 0088).
a user interface controller which controls a user interface displayed by digital display to update the user interface according to the meta data. "An augmented reality eyeglass communication device may be a useful tool for facilitating shopping. In particular, the user may use the eyeglass communication device to scan an image, a barcode of a product or to read a RFID tag of the product. The information retrieved from the image, barcode or RFID tag may be displayed to the user. Therefore, the user may look at the product in a store and may see real-world environment, i.e. the product itself, augmented by information about the product displayed on a display of the eyeglass communication device" (Zhou Par. 0020). "The data received from the processor 230 may include video data, text data, payment data, personal data, barcode information, time data, notifications, and so forth" (Zhou Par. 0033). "In certain embodiments, the camera 260 may be configured to capture an image of a product. The captured image may be processed by the processor to retrieve image information. The image information may include a name of the product or a trademark of the product. Information associated with the product may be retrieved from the image information and displayed on the display 235" (Zhou Par. 0046). "After receiving, by the processor, the description of the product from the network, the description of the product present in the store may be displayed to the user on the display 235" (Zhou Par. 0077).
Zhou discloses a communication device with sensors and a controller to obtain image data from a consumer product to identify a product, retrieving meta data according to the type of product, and a user interface to display meta data. Zhou fails to disclose identifying boundaries of the consumer product within the image data and wherein the user interface controller augments the image data within the boundaries. Peterson, however, discloses visually indicating a product location. Peterson, further discloses,
wherein the image processing controller identifies boundaries of the consumer product within the image data and wherein the user interface controller augments the image data within the boundaries. “In some embodiments, the apparatus may also include a product selection module that receives, from the user, a user-selected product and at least one product constraint, wherein the product matching module further compares the identified at least one product to the at least one product constraint. In some embodiments, the apparatus may also include a purchase history module that suggests at least one suggested product based on the user's purchase history, wherein the location module is further configured to indicate locations of the at least one alternative product. In some embodiments, the apparatus may also include an alternative product image module that suggests at least one alternative product based on the user-specified product, wherein the location module further indicates locations of the at least one alternative product. In some embodiments, the apparatus may also include a price module that determines a price for the identified at least one product, wherein the location module further indicates a price for the at least one matching product.” (Peterson Col. 1 Lines 35-53). “In some embodiments, the apparatus may also include a display module that visually marks the at least one product matching the user-specified product within the image data, wherein the location module causes the display module to visually indicate locations for the at least one matching product” (Peterson Col. 1 Lines 61-66).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with the image processing controller identifying boundaries of the consumer product within the image data and wherein the user interface controller augments the image data within the boundaries of Peterson since it can be very difficult for a customer to find products that have or don’t have specific ingredients/characteristics (Peterson Col. 1 Lines 14-18), attract the user’s attention (Peterson Col. 11 Line 44), and quickly identify locations of the matching products (Col. 18 Lines 31-32).
Regarding Claim 2,
The combination of Zhou and Peterson disclose the system of claim 1 as shown above. Zhou further discloses, The system as claimed in claim 1, wherein the user interface comprises a live view of the image data and wherein the user interface controller augments the image data with the meta data. "Therefore, the user may look at the product in a store and may see real-world environment, i.e. the product itself, augmented by information about the product displayed on a display of the eyeglass communication device" (Zhou Par. 0020).
Regarding Claim 3,
The combination of Zhou and Peterson disclose the system of claim 1, as shown above. Peterson further discloses, The system as claimed in claim 1, wherein the system stores user profile data, the user profile data comprising settings for a plurality of users, including an array of source origin data and wherein the identification controller detects whether the array of source origin data contains the source origin data identified by the identification controller. "The product matching module 204, in one embodiment, is configured to compare the identified at least one product to a user-specified product to determine whether any identified products match the user-specified product. In some embodiments, the product matching module 204 compares characteristics of each identified product to those of the user-specified product. Examples of comparable product characteristics include, but are not limited to, product names, product ingredients or components, product identifiers (e.g., product/model numbers), product brands or manufacturers, product origin (e.g., location of manufacture) product sizes, product and/or packaging shapes, and the like” (Peterson Col. 10 Lines 39-51). “The user-specified product may be received via text input, voice input, and/or menu selection. In some embodiments, the user-specified product is received via the product selection module 208” (Peterson Col. 10 Lines 52-60). “For example, the product information module 216 may query a remote server for product characteristics of the user-selected product and each identified product" (Peterson Col. 10 Lines 65-67).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with storing user profile data including source origin data and detecting if the array of source origin data contains the source origin data identified by the identification controller of Peterson since it can be very difficult for a customer to find what they are looking for especially if the product they are looking for is out of stock. Further, it can be very difficult for a customer to find products that have or don’t have specific ingredients (Peterson Col. 1 Lines 14-18).
Regarding Claim 4,
The combination of Zhou and Peterson disclose the system of claim 3, as shown above. Peterson further discloses, The system as claimed in claim 3, wherein user interface controller displays an indication of whether the meta data “The product information module 216, in one embodiment, is configured to determine a plurality of product characteristics for the user-specified product and for each of the identified plurality of products. The plurality of product characteristics includes product information useable to compare one product to another and/or to determine whether a certain product meets a product constraint. Examples of product characteristics include, but are not limited to, product names, product ingredients or components, product identifiers (e.g., product/model numbers), product brands or manufacturers, product origin (e.g., location of manufacture) product sizes, product and/or packaging shapes, and the like. The display module 218, in one embodiment, is configured to visually mark at least one product matching the user-specified product within the image data. The display module 218 may interact with the display 108 to visually mark the location of the matching products. In certain embodiments, the display module 218 dynamically adjusts an on-screen location of the visual marking to correspond to a product's current location, such as where the display is a transparent heads-up display and the product's location varies with respect to the display In some embodiments, the display module 218 may receive instructions and/or data from the any of the location module 206, the purchase history module 210, the alternative product module 212, and the price module 214. For example, the location module 206 may provide an on-display location of a matching product and instruct the display module to draw a highlight or outline around the matching product within the image data so as to indicate its location” (Peterson Col. 16 Lines 25-51).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with the user interface controller displaying an indication of whether the array of source origin data contains the source origin data of Peterson since it can be very difficult for a customer to find products that have or don’t have specific ingredients/characteristics (Peterson Col. 1 Lines 14-18).
Regarding Claim 5,
The combination of Zhou and Peterson disclose the system of claim 4, as shown above. Peterson further discloses, The system as claimed in claim 4, wherein the user interface comprises a live view of the image data “The display module 218, in one embodiment, is configured to visually mark at least one product matching the user-specified product within the image data. The display module 218 may interact with the display 108 to visually mark the location of the matching products” (Peterson Col. 16 Lines 34-38).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with a live view of the image data and where the user interface augments the image data with the indication of whether the array of source origin data contains the source origin data of Peterson since it can be very difficult for a customer to find products that have or don’t have specific ingredients/characteristics (Peterson Col. 1 Lines 14-18), and the visual markings may be selected to attract the user’s attention (Peterson Col. 11 Line 44).
Regarding Claim 6,
The combination of Zhou and Peterson disclose the system of claim 4, as shown above. Peterson further discloses, The system as claimed in claim 4, wherein the user interface augments the image data with an indication of whether an array contains the meta data. “The display module 218, in one embodiment, is configured to visually mark at least one product matching the user-specified product within the image data. The display module 218 may interact with the display 108 to visually mark the location of the matching products” (Peterson Col. 16 Lines 34-38).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with a live view of the image data and where the user interface augments the image data with the indication of whether the array of source origin data contains the source origin data of Peterson since it can be very difficult for a customer to find products that have or don’t have specific ingredients/characteristics (Peterson Col. 1 Lines 14-18), and the visual markings may be selected to attract the user’s attention (Peterson Col. 11 Line 44).
Regarding Claim 7,
The combination of Zhou and Peterson disclose the system of claim 6, as shown above. Peterson further discloses, The system as claimed in claim 6, wherein the user interface controller augments the image data with a transparent overlay layer. “In some embodiments, the apparatus may also include a display module that visually marks the at least one product matching the user-specified product within the image data, wherein the location module causes the display module to visually indicate locations for the at least one matching product” (Peterson Col. 1 Lines 61-66), Figure 3B
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It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with the user interface controller augmenting the image data with a transparent overlay layer of Peterson since it can be very difficult for a customer to find products that have or don’t have specific ingredients/characteristics (Peterson Col. 1 Lines 14-18), and the visual markings may be selected to attract the user’s attention (Peterson Col. 11 Line 44).
Regarding Claim 8,
The combination of Zhou and Peterson disclose the system of claim 3, as shown above. Peterson further discloses, The system as claimed in claim 3, wherein the system comprises a database comprising consumer product type identification data identifying a plurality of types of consumer products “In certain embodiments, the product matching module 204 retrieves the product characteristics from a database, either a local database stored in the memory 112 or a remote database accessible via a network interface. For example, the product matching module 204 may query a remote server for product characteristics of the user-selected product and each identified product. The product matching module 204 may retrieve values for one or more specific product characteristics associated with a product or may retrieve a list or table containing a plurality of values corresponding to a plurality of comparable product characteristics associated with a product. For example, the product matching module 204 may query the database for specific product characteristic values or a general list of all known product characteristics” (Peterson Col. 10 Line 61- Col. 11 Line 8).
and consumer product type relational data relating various types of consumer products therein and “In some embodiments, the alternative product module 212 identifies one or more generic products corresponding to the user-specified product. For example, if the user-specified product is a brand-name skin care product, the alternative product module 212 may query a network database to identify one or more generic skin care products corresponding to the brand-name skin care product. In some embodiments, the alternative product module 212 identifies a class or category associated with the user-selected product and determines one or more alternative products based on the class or category. For example, where the user selection is a particular brand of hair care product, the alternative product module 212 may suggest other hair care products having the same purpose (e.g., for coloring hair or for styling hair)” (Peterson Col. 14 Lines 48-61).
wherein, when the identification controller detects that the array is “In some embodiments, the alternative product module 212 identifies one or more generic products corresponding to the user-specified product. For example, if the user-specified product is a brand-name skin care product, the alternative product module 212 may query a network database to identify one or more generic skin care products corresponding to the brand-name skin care product. In some embodiments, the alternative product module 212 identifies a class or category associated with the user-selected product and determines one or more alternative products based on the class or category. For example, where the user selection is a particular brand of hair care product, the alternative product module 212 may suggest other hair care products having the same purpose (e.g., for coloring hair or for styling hair)” (Peterson Col. 14 Lines 48-61).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with a database comprising consumer product type identification data identifying a plurality of types of consumer products and consumer product type relational data relating various types of consumer products therein and wherein, when the identification controller detects that the array of source origin data comprises the source origin data in relation to an identified type of consumer product, the identification controller is configured for selecting alternative types of consumer product in accordance with the relational data of Peterson since it is often very difficult for a customer to find what they are looking for especially if the product they are looking for is out of stock. Further, it can be very difficult for a customer to find products that have or don’t have specific ingredients/characteristics. (Peterson Col. 1 Lines 14-18).
Regarding Claim 9,
The combination of Zhou and Peterson disclose the system of claim 8, as shown above. Peterson further discloses, The system as claimed in claim 8, wherein the relational data comprises a consumer product type categorization. “In some embodiments, the alternative product module 212 identifies one or more generic products corresponding to the user-specified product. For example, if the user-specified product is a brand-name skin care product, the alternative product module 212 may query a network database to identify one or more generic skin care products corresponding to the brand-name skin care product. In some embodiments, the alternative product module 212 identifies a class or category associated with the user-selected product and determines one or more alternative products based on the class or category. For example, where the user selection is a particular brand of hair care product, the alternative product module 212 may suggest other hair care products having the same purpose (e.g., for coloring hair or for styling hair)” (Peterson Col. 14 Lines 48-61).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with the relational data comprising a consumer product type categorization of Peterson to select other products having the same purpose. (Peterson Col. 14 Lines 60-61).
Regarding Claim 10,
The combination of Zhou and Peterson disclose the system of claim 9, as shown above. Peterson further discloses, The system as claimed in claim 9, wherein the product type categorization “In some embodiments, the alternative product module 212 identifies one or more generic products corresponding to the user-specified product. For example, if the user-specified product is a brand-name skin care product, the alternative product module 212 may query a network database to identify one or more generic skin care products corresponding to the brand-name skin care product. In some embodiments, the alternative product module 212 identifies a class or category associated with the user-selected product and determines one or more alternative products based on the class or category. For example, where the user selection is a particular brand of hair care product, the alternative product module 212 may suggest other hair care products having the same purpose (e.g., for coloring hair or for styling hair)” (Peterson Col. 14 Lines 48-61).
Examiner Note: A category is the type of product, and a subcategory is being a generic or brand name product.
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with the product type categorization comprising a hierarchy of categories and subcategories of Peterson to select other products having the same purpose. (Peterson Col. 14 Lines 60-61).
Regarding Claim 11,
The combination of Zhou and Peterson disclose the system of claim 8, as shown above. Peterson further discloses, The system as claimed in claim 8, wherein the consumer product data comprises location data and wherein the identification controller is configured for filtering the alternative types of consumer products in accordance with the location data. "In some embodiments, the system may also include an alternative product image module that suggests at least one alternative product based on the product selection, wherein the location module further displays a location of the at least one alternative product. In some embodiments, the system may also include a purchase history module that suggests at least one suggested product based on the user's purchase history, wherein the location module further displays a location of the at least one alternative product" (Peterson Col. 2 Line 61- Col. 3 Line 2).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou, and Peterson with the consumer product data comprising location data and wherein the identification controller is configured for filtering the alternative types of consumer products in accordance with the location data of Peterson to provide guidance to the user on where to find the item by indicating a product's location on the shelf by highlighting the product on the display to enhance the customer experience (Peterson Col. 11 Lines 46-47).
Regarding Claim 12,
The combination of Zhou and Peterson disclose the system of claim 11, as shown above. Zhou further discloses, The system as claimed in claim 11, [Location of the electronic device] determined by a GPS receiver thereof "The device 200 may communicate with the GPS satellite via the network 110" (Zhou Par. 0027).
Zhou discloses using the GPS location of an electronic device, but fails to disclose filtering the alternative types of consumer products in accordance with the location of the electronic device. Peterson, however, does disclose,
wherein the identification controller is configured for filtering the alternative types of consumer products in accordance with the location of the electronic device “The display module 218 may interact with the display 108 to visually mark the location of the matching products. In certain embodiments, the display module 218 dynamically adjusts an on-screen location of the visual marking to correspond to a product's current location, such as where the display is a transparent heads-up display and the product's location varies with respect to the display In some embodiments, the display module 218 may receive instructions and/or data from the any of the location module 206, the purchase history module 210, the alternative product module 212, and the price module 214. For example, the location module 206 may provide an on-display location of a matching product and instruct the display module to draw a highlight or outline around the matching product within the image data so as to indicate its location. In some embodiments, the display module 218 may display a pop-up window within the image data at a location near a product (e.g., a matching product, a suggested product, and/or an alternative product) and may monitor user input to determine whether the user selects the pop-up window” (Peterson Col. 16 Lines 36-57).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with the identification controller filtering the alternative types of consumer products in accordance with the location of the electronic device of Peterson to display a location near a product (e.g., a matching product, a suggested product, and/or an alternative product) and monitor user input to determine whether the user selects the pop-up window. (Peterson Col. 16 Lines 53-57).
Regarding Claim 13,
The combination of Zhou and Peterson disclose the system of claim 8, as shown above. Zhou further discloses, The system as claimed in claim 8, wherein each electronic device comprises a GPS receiver which determines the location of the respective electronic device and "Additionally, the device may be used as a hands-free mobile computing device, to synchronize with one or more external devices in real time, track a geographical location of the one or more external devices in real time, and provide communication capabilities using an embedded emergency button configured to provide a medical alert signal, a request for help signal, or another informational signal" (Zhou Par. 0023). "The device 200 may communicate with the GPS satellite via the network 110" (Zhou Par. 0027).
Zhou discloses using the GPS receiver which determines the location of the respective electronic device, but fails to disclose wherein the system updates the location data according to the determined location of the respective electronic device. Peterson, however, does disclose,
wherein the system updates the location data according to the determined location of the respective electronic device. “The display module 218 may interact with the display 108 to visually mark the location of the matching products. In certain embodiments, the display module 218 dynamically adjusts an on-screen location of the visual marking to correspond to a product's current location, such as where the display is a transparent heads-up display and the product's location varies with respect to the display In some embodiments, the display module 218 may receive instructions and/or data from the any of the location module 206, the purchase history module 210, the alternative product module 212, and the price module 214. For example, the location module 206 may provide an on-display location of a matching product and instruct the display module to draw a highlight or outline around the matching product within the image data so as to indicate its location” (Peterson Col. 16 Lines 36-51).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with the system updating the location data according to the determined location of the respective electronic device of Peterson to display a location near a product (e.g., a matching product, a suggested product, and/or an alternative product) and monitor user input to determine whether the user selects the pop-up window. (Peterson Col. 16 Lines 53-57).
Regarding Claim 18,
Zhou discloses the system of claim 1, as shown above. Zhou fails to disclose electronic devices that are in operable communication with a server across a wide area network the server comprises a database comprising consumer product type identification data and wherein the identification controller queries the server to retrieve the meta data. Peterson, however, does disclose, The system as claimed in claim 1, wherein the electronic devices are in operable communication with a server across a wide area network the server comprises a database comprising consumer product type identification data and wherein the identification controller queries the server to retrieve the meta data. "In certain embodiments, the product matching module 204 retrieves the product characteristics from a database, either a local database stored in the memory 112 or a remote database accessible via a network interface. For example, the product matching module 204 may query a remote server for product characteristics of the user-selected product and each identified product. The product matching module 204 may retrieve values for one or more specific product characteristics associated with a product or may retrieve a list or table containing a plurality of values corresponding to a plurality of comparable product characteristics associated with a product. For example, the product matching module 204 may query the database for specific product characteristic values or a general list of all known product characteristics" (Peterson Col. 10 Line 61- Col. 11 Line 8).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou with the electronic devices in operable communication with a server across a wide area network the server comprises a database comprising consumer product type identification data and wherein the identification controller queries the server to retrieve the meta data of Peterson to be able to retrieve and present data to the user. (Peterson Col. 10 Lines 61-67).
Regarding Claim 20,
Zhou discloses the system of claim 1, as shown above. Zhou fails to disclose the image processing controller comprises a text recognition sub controller and wherein the image processing controller recognizes text within the image data. Peterson, however, does disclose, The system as claimed in claim 1, wherein the image processing controller comprises a text recognition sub controller and wherein the image processing controller recognizes text within the image data. "In some embodiments, the image sensor 104 identifies barcode data, text data, or shape data from the image data, as discussed in further detail below with reference to FIG. 2" (Peterson Col. 7 Lines 50-53). "The processor 102 is communicatively coupled to image sensor 104, the product indicator module 106, the display 108, the input device 110, and the memory 112" (Peterson Col. 7 Lines 38-41). "In some embodiments, the product image module 202 performs a visual analysis of the image data. The product image module 202 may identify a product based on shape, color, label, and the like. For example, a soft drink beverage may be identified based on a bottle shape and color. In one embodiment, the product image module 202 identifies a product based on recognized text within the image data. For example, a text from a product label may be recognized and used to identify the product. As another example, text from a retail shelf price tag may be recognized and used to identify the product" (Peterson Col. 9 Line 60 - Col. 10 Line 3).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou with the image processing controller comprising a text recognition sub controller and wherein the image processing controller recognizing text within the image data of Peterson to identify and recognize different products using different features. (Peterson Col. 10 Lines 61-67).
Regarding Claim 21,
The combination of Zhou and Peterson disclose the system of claim 20, as shown above. Peterson further discloses, The system as claimed in claim 20, wherein the image processing controller identifies the type of the consumer product according to the text. "In some embodiments, the product image module 202 performs a visual analysis of the image data. The product image module 202 may identify a product based on shape, color, label, and the like. For example, a soft drink beverage may be identified based on a bottle shape and color. In one embodiment, the product image module 202 identifies a product based on recognized text within the image data. For example, a text from a product label may be recognized and used to identify the product. As another example, text from a retail shelf price tag may be recognized and used to identify the product" (Peterson Col. 9 Line 60 - Col. 10 Line 3).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou and Peterson with the image processing controller identifying the type of the consumer product according to the text of Peterson to identify if a product is a soft drink beverage, and the brand (Peterson Col. 9 Line 60 - Col. 10 Line 3).
Claim(s) 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 20130346168 A1) in view of Peterson (US10776849B2), and in further view of Mantri (US 20220014897 A1).
Regarding Claim 14,
The combination of Zhou and Peterson disclose the system of claim 11, as shown above. The combination of Zhou and Peterson fail to disclose a system wherein the identification controller is configured for selecting alternative consumer products in accordance with a distance threshold and a distance calculated in accordance with the location data. Mantri, however, does disclose, The system as claimed in claim 11, wherein the identification controller is configured for selecting alternative consumer products in accordance with a distance threshold "As shown in FIG. 1E, and by reference number 160d, the user device may provide navigation instructions associated with the product. For example, the user device may render the information identifying the related products on the display of the user device. The user device may obtain the information identifying the physical location of the product from the entity management platform in a manner similar to the manner described above in connection with FIG. 1C (reference number 160)" (Mantri Par. 0047). "The user device may compare the threshold RSSI value and the value of RSSI associated with the first signal, compare the threshold RSSI value and the value of RSSI associated with the second signal, and the threshold RSSI value and the value of RSSI associated with the third signal. Based on the comparisons, the user device may determine that the RSSI value associated with Beacon 3 satisfies the threshold RSSI value and is highest out of the values of RSSIs associated with Beacon 1, Beacon 2, and Beacon 3. Accordingly, the user device may determine that Beacon 3 is nearest to the user device and is within the threshold distance from the user device. In other words, distance D may satisfy the threshold distance" (Mantri Par. 0031). "The entity management platform may obtain the information identifying the physical location of the product from the location/navigation data structure, obtain the information identifying the quantity of the product and the related products from the feature data structure, and obtain the transaction information from the transaction system" (Mantri Par. 0038).
and a distance calculated in accordance with the location data. "In some embodiments, the user device may use the RSSIs to determine a physical distance between the user device and the beacons" (Mantri Par. 0025).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou, and Peterson, with a distance calculated in accordance with the location data of Mantri to make it easier on the user, so the user does not need to travel far for a product, and can have options to what is nearby.
Regarding Claim 15,
The combination of Zhou and Peterson disclose the system of claim 8, as shown above. The combination of Zhou and Peterson fail to disclose, wherein the consumer product data comprises beacon ID data and wherein each electronic device comprises a short- range communication interface configured for receiving short-range beacon transmissions. Mantri, however, does disclose The system as claimed in claim 8, wherein the consumer product data comprises beacon ID data and "The product information may include information regarding a product identifier, a make, a model, physical characteristics, features, a specification, and/or the like of the product associated with the beacon." (Mantri Par. 0035). "For example, the signal, of a beacon, may include a product identifier (e.g., a serial number) of a corresponding product and/or a make (e.g., information identifying a manufacturer of the product) and a model of the corresponding product without including other information regarding the corresponding product such, as for example a physical characteristic (e.g., a color scheme, a shape, a size, and/or the like), a specification (e.g., a storage capacity, a memory capacity, a processing speed, display resolution, camera capability, and/or the like), a feature (e.g., battery management feature, media streaming feature, wireless communication feature, virtual assistant feature, and/or the like), and/or the like of the corresponding product" (Mantri Par. 0023).
wherein each electronic device comprises a short- range communication interface configured for receiving short-range beacon transmissions "The other information may be transmitted when the user device establishes a connection (e.g., a short range wireless communication) with the beacon." (Mantri Par. 0023).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou, and Peterson, with the consumer product data comprising beacon ID data and wherein each electronic device comprises a short- range communication interface configured for receiving short-range beacon transmissions of Mantri to enhance a customer experience at a store, by assisting the customer in making a decision and conducting a transaction at the store (Mantri Par. 0008).
Regarding Claim 16,
The combination of Zhou, Peterson, and Mantri disclose the system of claim 15, as shown above. Peterson further discloses, The system as claimed in claim 15, wherein the system is configured for filtering the alternative types of consumer product according to "In some embodiments, the product matching module 204 further compares the identified plurality of products to at least one product constraint. The product constraint may be a user-specified product characteristic required of any matching products. Examples of product constraints include, but are not limited to, that the product includes a specific ingredient or component, that the product does not include a specific ingredient or component, that the product is within a certain size range or price range, that a product characteristic has a certain value, and the like. Thus, the product matching module 204 may filter a list of otherwise-matching products to include only those with a specific product constraint. For example, the user-specified product may be the drug ibuprofen and the user may specify it be dye-free. The product matching module 204 may then determine whether any identified products match the drug ibuprofen and whether any matching products are dye-free" (Peterson Col. 11 Lines 9-25).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou, Peterson, and Mantri with the filtering the alternative types of consumer product of Peterson to select other products having the same purpose, and limit unnecessary products. (Peterson Col. 14 Lines 60-61).
The combination of Zhou and Peterson disclose filtering alternative types of consumer products, but fail to disclose a short-range transmission associated with a beacon ID thereof is received by the short-range communication interface. Mantri, however, does disclose,
if a short-range transmission associated with a beacon ID thereof is received by the short-range communication interface. "In some implementations, the user device may transmit, via the short range wireless communication connection, a request for the product information to Beacon 3 and may receive, via the short range wireless communication connection, the product information from Beacon 3 based on the response" (Mantri Par. 0034).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou, Peterson, and Mantri with short-range transmission associated with a beacon ID being received by the short-range communication interface of Mantri to enhance a customer experience at a store, by assisting the customer in making a decision and conducting a transaction at the store (Mantri Par. 0008).
Regarding Claim 17,
The combination of Zhou, Peterson, and Mantri disclose the system of claim 16, as shown above. Peterson further discloses, The system as claimed in claim 16, wherein each electronic device is configured for locating an alternative consumer product "In some embodiments, the apparatus may also include an alternative product image module that suggests at least one alternative product based on the user-specified product, wherein the location module further indicates locations of the at least one alternative product" (Peterson Col. 1 Lines45-49).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou, Peterson, and Mantri with locating an alternative consumer product of Peterson to provide guidance to the user on where to find the item by indicating a product's location on the shelf by highlighting the product on the display (Peterson Col. 11 Lines 46-47).
The combination of Zhou and Peterson discloses alternative products, but fails to disclose in accordance with the received signal strength indication of the short-range transmission.
in accordance with the received signal strength indication of the short-range transmission. "According to some implementations described herein, a device (e.g., a user device of a user) may obtain, via a short range wireless communication connection, information associated with a short range wireless communication device (e.g., associated with a product) and may render the product information in an augmented manner on a display of the user device. For example, the user device may determine received signal strength indicators (RSSIs) of a plurality of signals (e.g., signals broadcasted using BLUETOOTH® Low-Energy (BLE)) associated with a plurality of short range wireless communication devices (e.g., associated with a plurality of products, or a product itself, located at a store, such as a brick and mortar store). Based on the RSSIs, the user device may identify the short range wireless communication device as a nearest short range wireless communication device of the plurality of short range wireless communication devices and establish a short range wireless communication connection (e.g., a BLE connection) with the short range wireless communication device. The user device may obtain, via the short range wireless communication connection, the product information and may render the product information in an augmented manner on the display of the user device (e.g., in association with an image of the product that is presented on the display)" (Mantri Par. 0010).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou, Peterson, and Mantri with the received signal strength indication of the short-range transmission of Mantri to enhance a customer experience at a store, by assisting the customer in making a decision and conducting a transaction at the store (Mantri Par. 0008).
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 20130346168 A1) in view of Peterson (US10776849B2), and in further view of Talbot (US 20200219043 A1).
Regarding Claim 19,
The combination of Zhou and Peterson disclose the method of claim 18, as shown above. The combination of Zhou and Peterson fail to disclose the consumer product identification data comprising data fields of SKU data. Talbot, however, does disclose, The system as claimed in claim 18, wherein the consumer product identification data comprises data fields of SKU data. "In some cases, the output of the image analysis engine may be a data set (e.g., an image annotation data set) that identifies the location, size, and shape of one or more segments in the input image, where each segment contains or otherwise corresponds to an item of interest in the image (e.g., a beverage container). The data set may further include a product identifier and/or product information (e.g., a UPC code, a product name, a product brand, a product identifier, a stockkeeping unit (SKU), etc.) associated with one or more of the segments. This data set (e.g., the image annotation data set) in conjunction with the input image may be referred to as an annotated image" (Talbot Par. 0125).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the system of processing image data of Zhou, and Peterson with the consumer product identification data comprising data fields of SKU data of Talbot to provide more useful information (Talbot Par. 0084).
Response to Arguments
Applicant's arguments filed 12/09/2025 with respect to the Claim Objections, have been fully considered, and they are persuasive. The Claim Objections are withdrawn in light of the amendments.
Applicant's arguments filed 12/09/2025 with respect to 35 U.S.C. § 112, have been fully considered and are persuasive. The 35 U.S.C. § 112 Rejection has been withdrawn in light of the amendments.
Applicant's arguments filed 12/09/2025 with respect to 35 U.S.C. § 101, have been fully considered but they are not persuasive. Applicant argues that the claim is not merely directed to organizing human activity, and that the result of the claimed process may inform a consumer’s purchasing decision, therefore not merely directed to organizing human activity. The Examiner respectfully disagrees. MPEP 2106.04(a)(2)(II) states that a claimed invention is directed to certain methods of organizing human activity if the identified claim elements contain limitations that encompass fundamental economic principles or practices, commercial or legal interactions (including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations), or managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). The Examiner submits that the identified claim elements represent a series of commercial interactions that a person or persons, with or without the aid of a computer, would follow to identify a type of consumer product, retrieve data according to the type of consumer product, update a display according to the meta data, and identify boundaries of the consumer product within the image data, and augment the image data within the boundaries. Applicant has not pointed to anything in the claims that fall outside of this characterization. Because the claim elements fall under a series of commercial interactions and/or rules or instructions that a person or persons would follow to inform a customer about consumer products for purchase, the claimed invention is directed to an abstract idea.
Applicant further argues that the amended claim recites “wherein the image processing controller identifies boundaries of the consumer product within the image data and wherein the user interface controller augments the image data within the boundaries” provides an inventive technical concept and sets forth a practical application since a technical problem has been solved with a technical solution of how to seamlessly and non-obstructively integrate source origin information into a live camera view of a physical product to aid a user’s real-time purchasing decision, going beyond merely displaying data on a screen. The Examiner respectfully disagrees. The integration of combining data into a live camera view, localized augmentation, translucent overlay, and visual indication that the Applicant argues does not recite a technical solution to a technical problem. Here, the Applicant’s argues problem is not a technological problem caused by the technological environment to which the claims are confined (computing system). The additional elements of an electronic device, image sensor, image processing controller, identification controller, user interface controller, and user interface are recited at a high level of generality and do not amount to a practical application that integrates the abstract idea into a specific technical improvement in computer functionality or another technology. The claimed features do not reflect an improvement to the technology used to capture or process the data, but rather uses that technology as a tool to merely perform the abstract analysis (apply it). Therefore, the claims do not recite significantly more since there is not technical architecture that would amount to a practical application/significantly more, only high-level instructions of providing and displaying data of consumer product information. The claim does not recite any technical improvement in image processing, sensory technology or computer operations, but rather uses the additional elements to perform the abstract concept of providing and displaying consumer product information. Further, the problem of seamlessly and non-obstructively integrating information in a live camera view to aid a user’s real time purchasing decision was not a problem caused by the computer/process/sensor device involved in the process. At best, the problem(s) described in the as-filed disclosure are business problems. Based on the updated rejection above and the response presented here, the 101 rejection holds.
Applicant's arguments filed 12/09/2025 with respect to 35 U.S.C. § 102, have been fully considered and are persuasive. The 35 U.S.C. § 102 Rejection is withdrawn in light of the amendments.
Applicant's arguments filed 12/09/2025 with respect to 35 U.S.C. § 103, have been fully considered but they are not persuasive. Applicant argues that the combination of Zhou and Peterson do not yield the claimed invention because there is no motivation to modify Zhou’s VR/tracking system with Peterson’s non-AR visual mark. The Examiner respectfully disagrees. Peterson teaches visually marking a product matching the user specified product within image data, by interacting with the display to visually mark the location of the products, further indicating locations of an alternative product. A location indication is a boundary of a product. Peterson also discloses the display including a wearable external display, such as a virtual reality headset, communicatively coupled to the electronic device (Peterson Col. 8 Lines 23-25). One would be motivated to combine Peterson with Zhou to attract users attentions (Peterson Col. 11 Line 44) and quickly identify locations of the matching products (Col. 18 Lines 31-32). Therefore, the 103 Rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/E.M.K./Examiner, Art Unit 3626
/JESSICA LEMIEUX/Supervisory Patent Examiner, Art Unit 3626