Prosecution Insights
Last updated: April 17, 2026
Application No. 18/403,070

System and Method for Physical and Virtual World Device Enablement

Final Rejection §103
Filed
Jan 03, 2024
Examiner
ABEDIN, NORMIN
Art Unit
2449
Tech Center
2400 — Computer Networks
Assignee
unknown
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
359 granted / 426 resolved
+26.3% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
16 currently pending
Career history
442
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
61.6%
+21.6% vs TC avg
§102
10.1%
-29.9% vs TC avg
§112
11.6%
-28.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 426 resolved cases

Office Action

§103
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 . DETAILED ACTION Claims 1-6 are pending in Instant Application. Claims 1-6 are amended. Priority Examiner acknowledges Applicant’s claim to priority benefits of provisional application 63438682 filed 01/12/2023. Response to Arguments Applicant's arguments filed in the amendment filed 09/11/2025 have been fully considered but they are not persuasive. The reasons are set forth below. Claim Rejections - 35 USC § 103 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. Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai et al., “hereinafter Tsai” (U.S. Patent Application: 20240104982) in view of Brien et al., “hereinafter Brien” (U.S. Patent Application: 20240235836). As per Claim 1, Tsai discloses a method facilitating the interaction between the physical world and virtual world (Tsai, Para.54, systems and methods for rendering an operating a virtual vehicle in a virtual world that corresponds to an actual physical vehicle. The virtual vehicle operating in the virtual world operates with similar characteristics of the physical vehicle in the physical world. In this way, a virtual vehicle is personalized and customized to match the owner's physical vehicle.), the method comprising: purchasing a virtual world enabled device (Tsai, Para.17, a user may purchase a virtual vehicle for use within a vehicle world, Para.36, FIG. 4 illustrates a user 126 viewing a virtual vehicle 125 using a virtual reality headset 127. It should be understood that the embodiments are not limited to viewing and using virtual vehicles using a virtual reality headset, and that any display device may be used. the virtual reality headset 127 renders the virtual vehicle from any perspective); manipulating the virtual world enabled device within the virtual world (Tsai, Para.36, the virtual reality headset 127 renders the virtual vehicle from any perspective, such as when the user approaches the virtual vehicle 125, when the user is sitting in the cockpit and driving the virtual vehicle 125, or from different views of the virtual vehicle 125 while the user drives the virtual vehicle 125., Para.15, a user may purchase virtual articles of clothing, such as jeans and shoes. The jeans and shoes have certain attributes, such as size, color, shape, texture. In some cases, the virtual objects may correspond to actual physical objects. For example, a shoe company may make a certain model of a physical shoe, and also sell a virtual shoe having similar characteristics to the physical shoe. As a further example, a user may receive a virtual shoe in the form of a non-fungible token when purchasing the physical shoe. The non-fungible token may be used to unlock the virtual shoe in one or more virtual worlds so that the user's avatar may “wear” the shoe.); and manipulating the physical world device within the physical world (Tsai, Para.38, Modifications made by the owner of the physical vehicle 100 will be recorded by the vehicle sensors, and the vehicle performance attributes within the vehicle profile will be updated., Para.41, At block 132 vehicle sensor data is received. The vehicle sensor data is generated by any number of sensors on a physical vehicle. The vehicle sensor data is representative of the driving performance of the physical vehicle. Other data may also be received at block 132, such as weather data, map data, and any other relevant data, Para.43, The vehicle profile may also include other information regarding the physical vehicle, such as make, model, year, trim level, color, and/or the like. In some embodiments, the vehicle profile and its data is tokenized and minted on a blockchain as a non-fungible token ). However Tsai does not discloses granting access to the virtual world enabled device; revoking access to the virtual world enabled device; Brien discloses granting access to the virtual world enabled device (Brien, Para.51, the virtual world objects may comprise information about virtual worlds, such as rules that determine granting access to users to the virtual worlds and/or rules about prohibited activities in the virtual worlds. The new virtual world processor 306 may store the virtual world objects in one or more blockchain networks); revoking access to the virtual world enabled device (Brien, Para.62, The rules in the rulebook for access 425 may also indicate that permission for access may not be granted to users banned from participating in activities in the virtual world associated with the virtual world object 420 or other virtual worlds. The rulebook for access 425 may comprise other rules related to accessing the virtual world associated with the virtual world object 420.); It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Tsai with the teachings as in Brien. The motivation for doing so would have been for enabling access of a user, via a user device, to a virtual world such that the user may perform activities in the virtual world. Activities such as social and/or commercial interactions may be based on rules about virtual world access. Such rules may be based on activities enabled, allowed and/or regulated by the virtual world. Such rules may be provided by the virtual world and stored in one or more networks that may use blockchain technologies or other ledgers that are secure and accessible (Brien, Para.03). As per Claim 2, Tsai in view of Brien discloses the method of Claim 1 wherein the step of purchasing the virtual world enabled device includes building a physical device (Tsai, Para.33, the computing device(s) responsible for providing the virtual world receives the vehicle profile associated with the physical vehicle 100 and renders a virtual vehicle 125 in the virtual world 120.), creating an NFT which corresponds to the physical device on a blockchain (Tsai, Para.17, The virtual vehicle may be provided in a form of a non-fungible token that is stored on a blockchain, for example. The non-fungible token ensures that the virtual vehicle is authentic, and that it cannot be replicated.), selling the NFT in a virtual world setting, recording the NFT sale as a transaction on blockchain (Tsai, Para.35, the vehicle profile is tokenized and stored on a blockchain network as a non-fungible token. As a non-limiting example, a non-fungible token storing the vehicle profile may be minted on the Ethereum blockchain. Tokenizing ensures authenticity of the vehicle profile and maintains a one-to-one relationship between the physical vehicle 100 and the virtual vehicle 125. A user may rent, sell, loan or otherwise transfer the virtual vehicle 120 by transferring or providing access to the non-fungible token of the vehicle profile.). As per Claim 3, Tsai in view of Brien discloses the method of Claim 1 wherein the step of granting access to the virtual world enabled device includes initiating access to the NFT, determining preferred access agreement attributes, recording the NFT access agreement to the blockchain, and receiving access to use the virtual world enabled device (Brien, Para.45, The user interface may comprise control commands indicative of requests to execute blockchain transactions of reputation tokens, fungible tokens, and/or non-fungible tokens. The user interface may allow a user, a user device, a virtual world server (e.g., the internal virtual world servers 132, the external virtual world servers 136), and/or the reputation management server 122 to inquire about a user's balances of reputation tokens, and/or fungible tokens, Para.20, A strict virtual world may only grant access to users with more than 800 reputation tokens, while a less strict virtual world may allow users with more than 600 reputation tokens, Para.20, The reputation tokens may also be based on, or be affected by proneness to inappropriate, improper, and/or illegal behaviors and limit the user's access to a virtual world if the user is prone to such behaviors. Virtual worlds may use reputation tokens of users to evaluate the potential risk posed by granting the users access to the virtual worlds and/or determine which users qualify for access to the virtual worlds.). The same motivation that was utilized for combining Tsai, Brien as set forth in claim 1 is equally applicable to claim 3. As per Claim 4, Tsai in view of Brien discloses the method of Claim 1 wherein the step of revoking access to the virtual world enabled device includes initiating revocation, determining which agreement should be revoked, recording the revocation of the NFT agreement to the blockchain, revoking access of use to the virtual world enabled device, and notifying that access of use to the virtual world enabled device has been revoked (Brien, Para.54, The rule review processor 320 may manage the review and/or voting process of new rules that may be added to a rulebook of a virtual world, modifications of existing rules in the rulebook, canceling of existing rules in the rulebook, and/or adding new exceptions for existing rules in the rulebook, Para.38, the reputation management server 122 may be configured to receive, from the virtual world, rules indicating prohibited activities in the virtual world (e.g., rules regarding spreading false information, destroying virtual properties of other users, attacking, harassing, trolling, etc.) and/or penalties for performing such prohibited activities, Para.62, The rules in the rulebook for access 425 may also indicate that permission for access may not be granted to users banned from participating in activities in the virtual world associated with the virtual world object 420 or other virtual worlds.). The same motivation that was utilized for combining Tsai, Brien as set forth in claim 1 is equally applicable to claim 4. As per Claim 5, Tsai in view of Brien discloses the method of Claim 1 wherein the step of manipulating the virtual world enabled device within the virtual world includes attempting to interact with the virtual world enabled device (Brien, Para.18, A virtual world (e.g., a digital world) may comprise a virtual (e.g., digital) environment (e.g., computer-simulated or computer-based environment) in which multiple users traverse within the virtual environment and/or perform various activities, such as interacting with other users, playing video games with other users, sharing content with other users, viewing content created by other users, and/or building, buying, or selling virtual real and/or digital properties…Users may access (e.g., login to) a virtual world from different physical locations and/or via different user devices. User devices may for example, comprise mobile devices such as the mobile devices 125 described below, one or more of the devices in the premises 102a described below, and/or other computing devices (e.g., computers, tablets, laptops, smartphones, smart-TV, virtual reality headsets, augmented reality headsets, set-top boxes, etc.).); determining whether access to the virtual world enabled device should be granted via blockchain (Brien, Para.51, The virtual world objects may comprise information about virtual worlds, such as rules that determine granting access to users to the virtual worlds and/or rules about prohibited activities in the virtual worlds. The new virtual world processor 306 may store the virtual world objects in one or more blockchain networks); allowing manipulation of controls of the virtual world enabled device (Brien, Para.51, The virtual world objects may comprise information about virtual worlds, such as rules that determine granting access to users to the virtual worlds and/or rules about prohibited activities in the virtual worlds. The new virtual world processor 306 may store the virtual world objects in one or more blockchain networks); and recording the type of manipulation of the controls of the virtual device on the blockchain (Brien, Para.56, The token transaction processor 314 may also receive requests from users to execute blockchain transactions where fungible tokens are used to buy virtual objects (e.g., a castle in a virtual world) or physical objects (e.g., a painting) and/or where fungible tokens are received because of sales of physical and/or virtual objects. The reputation management server 300 may execute blockchain transactions (e.g., requests to trade fungible tokens, fiat tokens, financial transactions of fungible and/or fiat tokens, and payment for purchases) based on requests from users.); and wherein the step of manipulating the physical world device within the physical world then includes manipulating the physical world device based on the type of manipulation recorded on the blockchain. (Brien, Para.52, One or more user devices and/or nodes of one or more blockchain networks may be configured to determine whether a user has performed a prohibited activity in a virtual world based on the rules provided by the virtual world. Such user devices and/or nodes of the blockchain networks may be designated as prohibited activity evaluators. A user may also designate a user as a prohibited activity evaluator. The reputation management server 300 may manage different class types of prohibited activity evaluators. For example, prohibited activity evaluators of class type A may initially review the activities of a user to determine whether the user has performed a prohibited activity and/or violated one of the rules of a virtual world., Para.39, The blockchain ledger or blockchain may be a data structure comprising multiple blocks of data storing transactions, records, data structures, and/or information pertinent to the virtual worlds of the internal virtual world servers 132, Para.66, The virtual world object 420 may also comprise data 428 about any digital wallet accounts of the virtual world. Furthermore, the database 428 may also store blockchain addresses associated with the virtual world and/or encryption keys associated with the virtual world, such as the public keys of the virtual world. Additionally, the virtual world object 420 may also include other data 433 that may be pertinent to the operation of a reputation management server 300, such as contact information for the virtual world, and/or other data.). The same motivation that was utilized for combining Tsai, Brien as set forth in claim 1 is equally applicable to claim 5. As per Claim 6, Tsai in view of Brien discloses the method of Claim 1 wherein the step of manipulating the physical world device within the physical world includes interacting with the physical device (Brien, Para.32, Users of devices in the premises 102 and/or the mobile devices 125 may explore the virtual or computer-simulated environments, interact with other users, share content or other digital resources, and/or build, buy, or sell real and/or digital properties in the internal virtual world server(s) 132.), determining whether access to the virtual world enabled device should be granted via blockchain (Brien, Para.51, The virtual world objects may comprise information about virtual worlds, such as rules that determine granting access to users to the virtual worlds and/or rules about prohibited activities in the virtual worlds. The new virtual world processor 306 may store the virtual world objects in one or more blockchain networks); allowing manipulation of controls of the virtual world enabled device (Brien, Para.62, The rulebook for access 425 may comprise one or more rules to be satisfied by a user to gain permission to access the virtual world associated with the virtual world object 420. For example, the rules in the rulebook for access 425 may include a threshold quantity of reputation tokens needed by the user to gain permission (e.g., 600 reputation tokens). Additionally, or alternatively, the rules in the rulebook for access 425 may indicate that to gain permission to access the virtual world, the user may not perform any prohibited activities in the virtual world associated with the virtual world object 420); recording the type of manipulation of the controls of the physical device on the blockchain (Brien, Para.3, The blockchain networks may be used to record information about the virtual world, the user, one or more user devices associated with the user, activities and/or interactions of the user in the virtual world and/or other virtual worlds, and/or quantities of reputation tokens associated with the user. Blockchain transactions may be executed to transfer reputation tokens to the user based on the time spent by the user in the virtual world.), and wherein the step of manipulating the virtual world enabled device within the virtual world then includes manipulating the virtual world enabled device based on the type of manipulation recorded on the blockchain. (Brien, Para.52, One or more user devices and/or nodes of one or more blockchain networks may be configured to determine whether a user has performed a prohibited activity in a virtual world based on the rules provided by the virtual world. Such user devices and/or nodes of the blockchain networks may be designated as prohibited activity evaluators. A user may also designate a user as a prohibited activity evaluator. The reputation management server 300 may manage different class types of prohibited activity evaluators. For example, prohibited activity evaluators of class type A may initially review the activities of a user to determine whether the user has performed a prohibited activity and/or violated one of the rules of a virtual world., Para.39, The blockchain ledger or blockchain may be a data structure comprising multiple blocks of data storing transactions, records, data structures, and/or information pertinent to the virtual worlds of the internal virtual world servers 132, Para.66, The virtual world object 420 may also comprise data 428 about any digital wallet accounts of the virtual world. Furthermore, the database 428 may also store blockchain addresses associated with the virtual world and/or encryption keys associated with the virtual world, such as the public keys of the virtual world. Additionally, the virtual world object 420 may also include other data 433 that may be pertinent to the operation of a reputation management server 300, such as contact information for the virtual world, and/or other data. Brien, Para.72, The reputation management server may manage prohibited activity evaluators of different class types, for example, prohibited activity evaluators of class type A and prohibited activity evaluators of class type B, and the designated class type may in indicated by the prohibited activity evaluator class type indicator 472 in the prohibited activity evaluator object 470.). The same motivation that was utilized for combining Tsai, Brien as set forth in claim 1 is equally applicable to claim 6. The applicant Argue: Argument 1: Applicant argues that the reference Tsai in view of Brien fails to teach or suggest “purchasing a virtual world enabled device” as recited in claim 1. In response, Examiner would like to point out that the reference Tsai does teach in Para.17, “a user may purchase a virtual vehicle for use within a vehicle world, Para.36, FIG. 4 illustrates a user 126 viewing a virtual vehicle 125 using a virtual reality headset 127. It should be understood that the embodiments are not limited to viewing and using virtual vehicles using a virtual reality headset, and that any display device may be used. the virtual reality headset 127 renders the virtual vehicle from any perspective”. The claim limitation stated “purchasing a virtual world enabled device”. The reference Tsai discloses in Para.17. Argument 2: Applicant argues that the reference Tsai in view of Brien fails to teach or suggest “granting access to the virtual world enabled device” as recited in claim 1. In response, Examiner would like to point out that the reference Brien does teach in Para.51, “the virtual world objects may comprise information about virtual worlds, such as rules that determine granting access to users to the virtual worlds and/or rules about prohibited activities in the virtual worlds. The new virtual world processor 306 may store the virtual world objects in one or more blockchain networks” Argument 3: Applicant argues that the reference Tsai in view of Brien fails to teach or suggest “revoking access to the virtual world enabled device” as recited in claim 1. In response, Examiner would like to point out that the reference Brien does teach in Para.62, “The rules in the rulebook for access 425 may also indicate that permission for access may not be granted to users banned from participating in activities in the virtual world associated with the virtual world object 420 or other virtual worlds. The rulebook for access 425 may comprise other rules related to accessing the virtual world associated with the virtual world object 420”. Argument 3: Applicant argues that the reference Tsai in view of Brien fails to teach or suggest “manipulating the virtual world enabled device within the virtual world” as recited in claim 1. In response, Examiner would like to point out that the reference Tsai does teach in Para.14, “The “metaverse” is made up of one or more virtual worlds operating on computer networks. Non-limiting examples of virtual worlds include Second Life™ operated by Linden Research Inc. of San Francisco, CA, Minecraft® operated by Microsoft, Inc. of Redmond, WA, Roblox® operated by the Roblox Corporation of San Mateo, CA, Fortnite® operated by Epic Games of Cary, NC, The Sims® operated by Electronic Arts of Redwood City, CA, and The Sandbox operated by Pixowl of Hong Kong. Users may experience the metaverse using one or more avatars that represent them. Avatars may interact with one another in the virtual worlds.” and Para.36, the “virtual reality headset 127 renders the virtual vehicle from any perspective, such as when the user approaches the virtual vehicle 125, when the user is sitting in the cockpit and driving the virtual vehicle 125, or from different views of the virtual vehicle 125 while the user drives the virtual vehicle 125” and in Para.45, “the virtual world enables operation of the virtual vehicle in accordance with the vehicle performance attributes stored within the vehicle profile.” and in Para.15, “ a user may purchase virtual articles of clothing, such as jeans and shoes. The jeans and shoes have certain attributes, such as size, color, shape, texture. In some cases, the virtual objects may correspond to actual physical objects. For example, a shoe company may make a certain model of a physical shoe, and also sell a virtual shoe having similar characteristics to the physical shoe. As a further example, a user may receive a virtual shoe in the form of a non-fungible token when purchasing the physical shoe. The non-fungible token may be used to unlock the virtual shoe in one or more virtual worlds so that the user's avatar may “wear” the shoe”. Argument 4: Applicant argues that the reference Tsai in view of Brien fails to teach or suggest “manipulating the physical world device within the physical world” as recited in claim 1. In response, Examiner would like to point out that the reference Tsai does teach in Para.38, “Modifications made by the owner of the physical vehicle 100 will be recorded by the vehicle sensors, and the vehicle performance attributes within the vehicle profile will be updated. As a non-limiting example, a user may upgrade the physical vehicle 100 with a turbo-boost system. Vehicle sensor data will reflect the change in acceleration performance of the physical vehicle 100 and the vehicle performance attribute(s) of the vehicle profile will be updated. The virtual vehicle 125 will then exhibit a corresponding change in acceleration performance.” and in Para.39, “The instructions may include statements such as “Accelerate from a stop position to sixty miles per hour with the maximum accelerator pedal pressure” or “Handle the curve on Smith Road at 15 kph.” In some embodiments, the calibration period may be a duration of time. In other embodiments, the vehicle profile is continuously updated as the owner drives the physical vehicle.” and in Para.37, “the performance of the virtual vehicle 125 in the virtual world 120 corresponds to the performance of the physical vehicle 100 in the physical world. For example, if the physical vehicle 100 has an average highway economy of 15 km/liter, then the corresponding virtual vehicle 125 will have an average highway economy of 15 km/liter in the virtual world 120.”. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NORMIN ABEDIN whose telephone number is (571)270-5970. The examiner can normally be reached Monday to Friday from 10 am to 6 pm. 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, Vivek Srivastava can be reached at 5712727304. 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. /NORMIN ABEDIN/Primary Examiner, Art Unit 2449
Read full office action

Prosecution Timeline

Jan 03, 2024
Application Filed
Jun 08, 2025
Non-Final Rejection — §103
Sep 11, 2025
Response Filed
Dec 13, 2025
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+10.2%)
2y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 426 resolved cases by this examiner. Grant probability derived from career allow rate.

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