DETAILED ACTION
A. This action is in response to the following communications: Amendment filed: 01/12/2026. This action is made Final.
B. Claims 1-7 remain pending.
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by High, Donald R. High et al. (US Pub. 20180047093 A1), herein referred to as “High”.
As for claim 1, High teaches. A system for providing a three-dimensional virtual environment configured in a digital virtual three-dimensional space that enables a real-time interaction between a human buyer and a three-dimensional virtual store-front, the system comprising (par. 4 provided is a system for providing a self-service 3D virtual store, the system comprising: a server comprising a memory, a database stored in the memory, and a processor, wherein the database contains data for a 3D virtual store front; wherein the data for the 3D virtual store front comprises data including a plurality of visually perceptible elements):
a virtual store front, wherein, the virtual store front is a three-dimensional virtual environment configured in a computing module, and wherein, the virtual store front further comprises a digital display device, a camera module, a virtual avatar, a configuration options module and a virtual product module (par. 4 wherein the data for the 3D virtual store front comprises data including a plurality of visually perceptible elements, which visually perceptible elements correspond to the 3D virtual store front, particular items in the 3D virtual store front, and avatars; a computer coupled to the server wherein a user interfaces with the server through the computer, wherein the server is programmed to: display the 3D virtual store front on the computer coupled to the server; receive from the computer a signal indicating entrance within the 3D virtual store front; automatically displaying on the computer coupled to the server A) an avatar associated with the user within the 3D virtual store front on the computer coupled to the server, and B) items for sale within the 3D virtual store; par. 48 hardware utilized to create and render the virtual reality);
a product preference engine, wherein, the product preference engine further comprises an affinity engine (par.29 and 35 user stored preferences function as user likes which is an affinity) and a plurality of databases including an interaction database, a purchase database, a feedback database, a user database and a product database (par. 48 utilizing a plurality of data repositories for different categories of information/data types) ;
a plurality of controllers, including a voice controller, a product configuration controller, a position controller and a feedback controller; and (par.23 interaction with the server through the computer, wherein the computer includes various forms of input/output, such as hand gestures, audio control, virtual movements, search query, etc.), that receives feedback from the human user on the virtual products in audio, visual, haptic and textual means to infer the preference of the user in real-time (par. 22 The various store fronts 10 of the virtual mall 20 may be dynamically changed, moved or searched. This may be accomplished through interaction with the server through the computer, wherein the computer includes various forms of input/output, such as hand gestures (using image sensor/ thereby visual), audio control, virtual movements (e.g. haptic feedback of user, specification gives no further definition on “haptic” and as known by one of ordinary skill in the art is defined as “the use of technology that stimulates the senses of touch and motion, especially to reproduce in remote operation”, thereby a virtual proxy would be haptic by definition), search query (text input of user), etc. Further, store fronts 10 may be featured from selections made by the customer, wherein the system dynamically designates the store fronts 10 that sell the product(s) searched for by the customer).
a communication module, wherein the communication module enables wired and wireless communication between the virtual store front, the product preference engine and the plurality of controllers, and wherein the communication module also enables communication with a plurality of remote computing devices (par. 65 wired and wireless communication means for transmission of information across the system to implement the virtual reality to a plurality of users).
As for claim 2, High teaches. The system according to claim 1, wherein the virtual product module comprises a digital virtual representation of a plurality of products available in the store front, and wherein, the virtual product module is accessed by the human user through the digital display device that is configured with digital input-output capabilities, and wherein, the configuration options module is enabled to provide an optimum configuration of the virtual store front by defining the parameters of the virtual avatar, virtual product module and the digital display device depending on preset rules, configuration settings chosen in real-time by the human user and the type of products provided in the virtual product module (par. 24-25 products of a store having 3D counterparts displayed in a virtual environment that a user can navigate throughout to view and purchase products)
As for claim 3, High teaches. The system according to claim 1, wherein the virtual avatar is a digital android configured with Artificial Intelligence capabilities and provided with the ability to communicate through gestures, human-like expressions, textual instant messaging and verbally in a plurality of languages, and wherein, the virtual avatar is further configured with (fig.7 virtual assistant and par. 42 Virtual assistants 60 can be autonomous avatars that are displayed by artificial intelligence) : a text-to-voice module for converting a text into a voice-based audio output; an emphasis estimator that is configured to estimate the emphasis to be provided on specific words or phrases generated by the text-to-voice module based on the information to be provided to the human user and to bring the attention of the human user to the important parts of the audio output; a lip-and-jaw movement generator for estimating and rendering a human-like movement of the lips and jaw of the virtual avatar depending on the output of the text-to-voice module and the emphasis generator; a facial expression generator for estimating and rendering a human-like facial emotional expressions of the virtual avatar depending on the output of the text-to-voice module and the emphasis generator; a gesture generator for estimating and rendering a human-like hand gestures of the virtual avatar depending on the output of the text-to-voice module, the emphasis generator and the facial expression generator; and, a movement-and-position generator for enabling a movement of the virtual avatar based on the location of a virtual product in the virtual store front with which the virtual avatar interacts (The virtual assistant can mimic humans through physiological cues and various input/output through hardware of the system such as audio input/output etc… par. 41 These assistants 60 and virtual experts 62 may also provide suggestions for purchases, wherein the assistants 60 and virtual experts 62 operate through artificial intelligence and physiological cues to assist the customer in the decision process for the purchase. Par. 22 The various store fronts 10 of the virtual mall 20 may be dynamically changed, moved or searched. This may be accomplished through interaction with the server through the computer, wherein the computer includes various forms of input/output, such as hand gestures, audio control, virtual movements, search query, etc.).
As for claim 4, High teaches. The system according to claim 1, wherein the plurality of controllers include: a product configuration controller which is configured to receive a plurality of audio, visual, haptic and textual inputs digitally to provide a plurality of configurations of virtual products in the virtual store front; a voice controller which is configured to receive voice-based audio inputs from a human user and identify the requirements of the human user and contextually provide inputs to the product configuration controller to accordingly configure virtual product; a position controller which is configured to control the position of the camera module with respect to the position of the user and the virtual three-dimensional space, and identify the relevance of the position and proximity of the human user to a plurality of preset elements to capture the preferences of the human user; (par. 22 audio input; par. 31 haptic feedback interaction for dynamic interaction with products in virtual environment which includes positional data for interaction between real user and virtual objects).
As for claim 5, High teaches. The system according to claim 1, wherein the product preference engine is configured to present a plurality of virtual products to the human user by rendering them on the digital display device, and wherein, the product preference engine is configured to process the information from the product configuration controller and the feedback controller to decide the priority of virtual products rendered to the human user (par. 35 system can track user preferences and stores them in a sharable profile across the system for other system activities and for other users to interact with).
As for claim 6, High teaches. The system according to claim 1, wherein the product preference engine comprises a plurality of databases, including: an interaction database that comprises information on all the interactions of the human user using one or more of the plurality of controllers; a purchase database that comprises the information of all made by human users on the virtual store front; a feedback database that comprises all the feedbacks provided by human users on the virtual products; a user database that comprises information on all the human users who used the virtual storefront; and, a product database that comprises information about all the virtual products and a plurality of attributes and specifications of the virtual products (par.29 and 35-36 user preferences utilized for personalized shopping and shared for other user interaction among other functions across private and public sessions within the virtual environment).
As for claim 7, High teaches. The system according to claim 1, wherein the product preference engine comprises an affinity engine that is configured to utilize the information in the plurality of databases to identify the affinity and preferences of a human user to a plurality of virtual products (par. 35 In another example, user 30 may shop for food products for another user, wherein by dynamically changing her avatar 40 to another user avatar 42, user 30 may be provided with information regarding the other user's personal preferences, including dietary restrictions, allergens, brand selections, etc., thereby allowing user 30 to shop for another based on the other user's preferences and profile) .
(Note :) It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)).
Response to Arguments
Applicant's arguments filed 01/12/2026 have been fully considered but they are not persuasive.
A1. Applicant argues that prior art does not teach : “that receives feedback from the human user on the virtual products in audio, visual, haptic and textual means to infer the preference of the user in real-time”.
R1. Examiner does not agree, in paragraph 22 High teaches that various store fronts 10 of the virtual mall 20 may be dynamically changed, moved or searched. This may be accomplished through interaction with the server through the computer, wherein the computer includes various forms of input/output, such as hand gestures (using image sensor/ thereby visual), audio control, virtual movements (e.g. haptic feedback of user, specification gives no further definition on “haptic” and as known by one of ordinary skill in the art is defined as “the use of technology that stimulates the senses of touch and motion, especially to reproduce in remote operation”, thereby a virtual proxy would be haptic by definition), search query (text input of user), etc. Further, store fronts 10 may be featured from selections made by the customer, wherein the system dynamically designates the store fronts 10 that sell the product(s) searched for by the customer. Paragraph 31 further goes into details on how system can infer user action through use of a full body suit with haptic feedback that will allow a user to interact with shopping interface.
Thereby since High demonstrates input by haptic, audio, visual and text High thereby arrives at the limitation : ”teaches receives feedback from the human user on the virtual products in audio, visual, haptic and textual means to infer the preference of the user in real-time”.
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.
Inquires
Any inquiry concerning this communication should be directed to NICHOLAS AUGUSTINE at telephone number (571)270-1056.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/NICHOLAS AUGUSTINE/Primary Examiner, Art Unit 2178 February 5, 2026