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 .
Response to Amendment
The amendment filed on 01/29/2026 has been entered.
The amendment filed of claims 1, 12, 13, 14 has been acknowledged.
The cancelation of claim 15 has been acknowledged.
Response to Arguments
Applicant's arguments, see “CLAIM REJECTIONS – 35 U.S.C § 102”, filed 01/29/2026 have been fully considered but they are not persuasive.
Applicant argues that Hutten does not teach: “upon reception of data representative of a detection of an action being carried out by a user or an avatar of a user in the user's or avatar's respectively real or virtual environment, and reception of geolocation data of an area of said real or virtual environment in which the action was carried out”
However, as taught by Hutten et al. (US Patent Number 2021/0279962-A1, hereinafter “Hutten”), ([0041], "For example, tracking module 110 can be tied to software, such as a smart phone app, that can register various user actions, including, but not limited to, purchases, browsing, public posts on social media by the user and/or third-parties, and user subscriptions. It is contemplated that tracking module 110 and any associated software can include various user-controllable parameters to alter how much data is shared with tracking module 110." It is clear that Hutten receives information of the users action.
Applicant argues Hutten does not teach: determining that the detected action, corresponding to the geolocation data, has already been implemented by a plurality of physical people in said same area of the real environment or by a plurality of avatars in said same area of the virtual environment, and that the implementation of said action is predominant with respect to the implementation of at least one other action in said area of the real or virtual environment;
There is specific interest in Hutten not associating the data representative of a detected action and a geolocation data of the area in which the action was carried out.
However, Hutten teaches an action being associated with some geolocational data. ([0055], "In one embodiment, tracking module 110 receives a direct signal from a user's phone indicating a user action. For example, tracking module 110 can receive a direct signal from a user's phone associated with the functionality of the phone, such as a GPS signal, a post on social media using the phone, and an search input."). Here the prior art describes gps, geolocational data, being associated with a user and the users action on the phone.
There is specific interest in Hutten not mentioning a plurality of physical people or plurality of avatars.
However, Hutten teaches multiple people. ([0068], "In some embodiments, historical user data is compiled by data directly received and recorded by tracking module 110. For example, historical user data can be compiled and used solely for the purposes of the compiling organization, such as an augmented reality technology company, to better control the privacy of its users."; Examiner's Note: The tracking module in prior art stores and collects what multiple users do in a given area.)
Applicant argues Hutten does not specify what the user data and therefore cannot be associated “identifying said area as an area of the said real or virtual environment in which is implemented a provision of at least one element linked to the data representative of the said detected action or as an area of the real or virtual environment able to be configured on the basis of said data representative of the said detected action.”
However, the claim effectively articulates some method identifies an area that attaches to some data in some form that relates in some way to some action in that area or an area being able to be changed or adjusted based on some data of some action. This claim is broad and effectively any prior art that shows some previous action affecting some environment real or digital would map to the claim. Additionally, user data is defined, ([0069], "In another example, tracking module 110 can purchase user data from a search engine to determine which advertisements to display in a particular geographic location based on the most common searches for consumer goods by people living in that area."; Examiner’s Note – There is some data associated with the location tied to user data representing an action in the prior art, mapping to the claim language.). The common searches is shown as a form of user data that effects advertisement usage.
Applicant argues that Hutten cannot correspond to different embodiments and argues there are inconsistencies. It is unclear what those inconsistencies are.
Additionally, it is known in the art that patent language is often inclusive of its embodiments. The prior art, Hutten, also makes this clear. ([0026], “The following discussion provides many example embodiments of the inventive subject matter. Although each embodiment represents a single combination of inventive elements, the inventive subject matter is considered to include all possible combinations of the disclosed elements. Thus if one embodiment comprises elements A, B, and C, and a second embodiment comprises elements B and D, then the inventive subject matter is also considered to include other remaining combinations of A, B, C, or D, even if not explicitly disclosed.”)
Applicant argues that Hutten does not teach “upon reception of data representative of a detection of an action being carried out by a use or an avatar of a user in the user’s or avatar’s respectively real or virtual environment, and the reception of geolocational data of an area of said real or virtual environment in which the action being carried out”
However, Hutten does teach this. ([0055], "In one embodiment, tracking module 110 receives a direct signal from a user's phone indicating a user action. For example, tracking module 110 can receive a direct signal from a user's phone associated with the functionality of the phone, such as a GPS signal, a post on social media using the phone, and an search input."; Examiner’s Note – The prior art tracks the functionality of the phone in the real environment with the tracking module, recording location and the type of phone function at that location.)
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a) as being taught by Hutten et al. (US Patent
Number 2021/0279962-A1, hereinafter “Hutten”).
Regarding claim 1, Hutten teaches: A geolocation method implemented by at least one data processing device and comprising: upon reception of data representative a detection of an action being carried out by a user or an avatar of a user in the user's or avatar's respectively real or virtual environment, and reception of geolocation data of an area of said real or virtual environment in which the action was carried out: ([0041], "For example, tracking module 110 can be tied to software, such as a smart phone app, that can register various user actions, including, but not limited to, purchases, browsing, public posts on social media by the user and/or third-parties, and user subscriptions. It is contemplated that tracking module 110 and any associated software can include various user-controllable parameters to alter how much data is shared with tracking module 110."; ([0047], "In one embodiment, tracking module 110 uses hardware to determine the location of a user. For example, tracking module 110 can retrieve information from a global positioning module of a smartphone to determine the location of the user."; [0055],f "In one embodiment, tracking module 110 receives a direct signal from a user's phone indicating a user action. For example, tracking module 110 can receive a direct signal from a user's phone associated with the functionality of the phone, such as a GPS signal, a post on social media using the phone, and an search input."; Examiner’s Note – The prior art tracks the functionality of the phone in the real environment with the tracking module, recording location and the type of phone function at that location.)
determining that the detected action, corresponding to the geolocation data, has already been implemented by a plurality of physical people in said same area of the real environment or by a plurality of avatars in said same area of the virtual environment, ([0047], "In one embodiment, tracking module 110 uses hardware to determine the location of a user. For example, tracking module 110 can retrieve information from a global positioning module of a smartphone to determine the location of the user."; [0055], "In one embodiment, tracking module 110 receives a direct signal from a user's phone indicating a user action. For example, tracking module 110 can receive a direct signal from a user's phone associated with the functionality of the phone, such as a GPS signal, a post on social media using the phone, and an search input."; [0068], "In some embodiments, historical user data is compiled by data directly received and recorded by tracking module 110. For example, historical user data can be compiled and used solely for the purposes of the compiling organization, such as an augmented reality technology company, to better control the privacy of its users."; Examiner's Note: The tracking module in prior art stores and collects what multiple users do in a given area.)
and that the implementation of said action is predominant with respect to the implementation of at least one other action in said area of the real or virtual environment; and identifying said area as an area of said real or virtual environment ([0057], "In another example, tracking module 110 can use recent search histories and historical user patterns of behavior to determine approximate the user's activities.")
in which is to be implemented a provision of at least one element linked to the data representative said detected action or as an area of the real or virtual environment able to be configured on the basis of said data representative said detected action implementing said provision or configuring said area accordingly. ([0069], "In another example, tracking module 110 can purchase user data from a search engine to determine which advertisements to display in a particular geographic location based on the most common searches for consumer goods by people living in that area."; Examiner’s Note – There is some data associated with the location tied to user data representing an action in the prior art, mapping to the claim language.)
Regarding claim 2, Hutten teaches: The geolocation method according to Claim 1, wherein: said action carried out in the real environment comprises an interaction of the user with an interface present in the real environment or an activity of the user that has been detected autonomously by an activity detection appliance, ([0041], "For example, tracking module 110 can be tied to software, such as a smart phone app, that can register various user actions, including, but not limited to, purchases, browsing, public posts on social media by the user and/or third-parties, and user subscriptions. It is contemplated that tracking module 110 and any associated software can include various user-controllable parameters to alter how much data is shared with tracking module 110.")
said action carried out in the virtual environment comprises an interaction of the avatar of a user with an object or another avatar in the virtual environment. ([0041], "For example, tracking module 110 can be tied to software, such as a smart phone app, that can register various user actions, including, but not limited to, purchases, browsing, public posts on social media by the user and/or third-parties, and user subscriptions. It is contemplated that tracking module 110 and any associated software can include various user-controllable parameters to alter how much data is shared with tracking module 110."; Examiner's Note - Object interacted with in the virtual environment being apps)
Regarding claim 3, Hutten teaches: The geolocation method according to Claim 1, wherein said at least one element provided in the identified area is a multimedia content item. ([0069], "In another example, tracking module 110 can purchase user data from a search engine to determine which advertisements to display in a particular geographic location based on the most common searches for consumer goods by people living in that area."; Examiner's Note - Advertisements can and often do take the form of multimedia content.)
Regarding claim 4, Hutten teaches: The geolocation method according to claim 1, wherein the method comprises, in response to the area of the real or virtual environment being identified as a configurable area, modifying said area so as to provide a product or a service, linked to the detected action, to a user who is located in said identified area of the real environment or to an avatar of a user that is located in said identified area of the virtual environment. ([0069], "In another example, tracking module 110 can purchase user data from a search engine to determine which advertisements to display in a particular geographic location based on the most common searches for consumer goods by people living in that area."; Examiner's Note - Advertisements on the web link to other users of the web for the purposes of service.)
Regarding claim 5, Hutten teaches: The geolocation method according to claim 1, wherein, for the user, at a given time, the geolocation method is implemented simultaneously in the real environment where the user is moving ([0069], "In another example, tracking module 110 can purchase user data from a search engine to determine which advertisements to display in a particular geographic location based on the most common searches for consumer goods by people living in that area.")
and/or in at least one virtual environment where the avatar of said user is moving. ([0069], "In another example, tracking module 110 can purchase user data from a search engine to determine which advertisements to display in a particular geographic location based on the most common searches for consumer goods by people living in that area.")
Regarding claim 6, Hutten teaches: The geolocation method according to claim 1, wherein the geolocation data of the area of said at least one virtual environment are associated with an activity indicator of the avatar of the user in this area, said indicator being set to a first value representative of an absence of activity of the avatar or to a second value representative of actual activity of the avatar. ([0041], "For example, tracking module 110 can be tied to software, such as a smart phone app, that can register various user actions, including, but not limited to, purchases, browsing, public posts on social media by the user and/or third-parties, and user subscriptions"; Examiner's Note - If tracking purchases or any other activity and the user does not engage with activity the data would have to be in some sort of null or zero value.)
Regarding claim 7, Hutten teaches: The geolocation method according to claim 1, wherein the geolocation data of said area comprise:two-dimensional, respectively three-dimensional, coordinates of a point of said area, anda radius of a circle, respectively of a sphere, entered on said point. ([0047], "In one embodiment, tracking module 110 uses hardware to determine the location of a user. For example, tracking module 110 can retrieve information from a global positioning module of a smartphone to determine the location of the user."; Examiner's Note - identifying the location of the user at a point would be determining the coordinates of the user with a potential sphere radius of zero or one centered on said point.)
Regarding claim 8, Hutten teaches: The geolocation method according to claim 1, wherein the data representative of the detected action comprises at least one identifier representative of a type of action. ([0041], "For example, tracking module 110 can be tied to software, such as a smart phone app, that can register various user actions, including, but not limited to, purchases, browsing, public posts on social media by the user and/or third-parties, and user subscriptions. It is contemplated that tracking module 110 and any associated software can include various user-controllable parameters to alter how much data is shared with tracking module 110.")
Regarding claim 9, Hutten teaches: The geolocation method according to Claim 8, wherein the identifier representative of the type of action is associated with at least one indicator of an object targeted by the action. ([0041], "For example, tracking module 110 can be tied to software, such as a smart phone app, that can register various user actions, including, but not limited to, purchases, browsing, public posts on social media by the user and/or third-parties, and user subscriptions. It is contemplated that tracking module 110 and any associated software can include various user-controllable parameters to alter how much data is shared with tracking module 110."; Examiner's note - The tracking of subscriptions is an indicator associated with the subscribed app or service object.)
Regarding claim 10, Hutten teaches: The geolocation method according to Claim 8, wherein the identifier representative of the type of action is associated with a weighting value of the action. (([0069], "In another example, tracking module 110 can purchase user data from a search engine to determine which advertisements to display in a particular geographic location based on the most common searches for consumer goods by people living in that area."; Examiner's Note - If enough of a given tracked action is done in an area then that action is weighted as of greater importance to advertise.)
Regarding claim 11, Hutten teaches: A geolocation device configured to implement the method of claim 15.
Regarding claim 12, claim 12 has been analyzed with regard to claim 1 and is rejected for the same reasons of obviousness as used above as well as in accordance with Hutten further teaching on: A device for processing geolocation data, comprising: a processor that is configured to implement: (Fig. 5)
Regarding claim 13, claim 13 has been analyzed with regard to claim 1 and is rejected for the same reasons of obviousness as used above as well as in accordance with Hutten further teaching on: A geolocation system comprising: a geolocation device comprising a first processor that is configured to implement: (Fig. 5)
Regarding claim 14, claim 14 has been analyzed with regard to claim 1 and is rejected for the same reasons of obviousness as used above as well as in accordance with Hutten further teaching on: At least one computer-readable information medium comprising instructions of a computer program stored thereon which when executed by at least one processor configure the at least one processor to implement a method (Fig. 5)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jinsu Hwang whose telephone number is (703)756-1370. The examiner can normally be reached Mon - Thu 8am-6pm EST.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Bella can be reached at (571) 272-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JINSU HWANG/Examiner, Art Unit 2667
/MATTHEW C BELLA/Supervisory Patent Examiner, Art Unit 2667
Prosecution Insights