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 .
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)(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, 5, 6, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Boghossian (US 20230245086 A1).
As per claim 1, Boghossian discloses:
a) embedding a smart tag on the physical garment associated with a unique Non- Fungible Token (NFT), ([0020] In some embodiments, inside the printed article and/or digital magazine file, there will be designated QR Codes, scannable markers and/or tags positioned or located next to any designated Product/Accessory/Item/non-fungible token (NFT) that's available for purchase or simply scannable/viewable).
b) the smart tag generating a hyper-reality field through a power source, creating a localized augmented reality environment when viewed through compatible augmented reality devices; ([0019] Described herein is a multi-sensory & “phygital” (physical/digital) Cannabis printed article (e.g., magazine, hardcover book or pamphlet, digital magazine file, non-fungible token) that not only allows the user/reader to smell Cannabis strains through Cannabis-leaf-shaped scratch-and-sniff stickers, but also allows the user/reader to interact with NFTs within the magazine to either see visually (via a plurality of or one or more downloaded image and/or video files), hear about (via a plurality of or one or more downloaded sound files), and learn about (via many other downloaded interactive content and/or business content) the Cannabis strains presented in the printed article and/or digital magazine file using an interlinked mobile communication device (e.g., smartphone) application that includes & corroborates with AUGMENTED REALITY (AR) technology that is incorporated in the downloaded content or data);
c) a dedicated mobile application for users to install on their smartphones or wearable devices for facilitating interactions with the smart tags, ((19) the Cannabis strains presented in the printed article and/or digital magazine file using an interlinked mobile communication device (e.g., smartphone) application);
d) the smart tag when scanned by the said mobile application verifies the associated NFT on the blockchain network and provides access to augmented reality content associated with the said garment, ((26) upon finding a specific piece of apparel (hoodie, shirt, sweats, hat, etc.), the user can scan the QR code which automatically links you to the AR application integrated with the magazine and lets a user view the specific profile page of that piece of apparel; [0066] In some embodiments, a Cannabis company can incorporate blockchain standards through the use of Non-Fungible Tokens (NFTs) to serve as pieces of stakeholder ownership.).
As per claim 5, Boghossian discloses:
wherein a dedicated mobile application enables users to exchange virtual items, experiences, and challenges, fostering social interactions and gaming experiences among users, ([0028] In some embodiments, a business section of a magazine may include a Stock Futures/Earning Reports for Marijuana companies that are publicly traded such as CRON (Cronos Group Inc)).
As per claim 6, Boghossian discloses:
wherein the smart tag when scanned by the dedicated mobile application verifies the associated NFT on the blockchain network and additionally provides access to augmented reality content associated with the physical garment, ((26) upon finding a specific piece of apparel (hoodie, shirt, sweats, hat, etc.), the user can scan the QR code which automatically links you to the AR application integrated with the magazine and lets a user view the specific profile page of that piece of apparel).
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) 2, 3, 4, 8-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boghossian (US 20230245086 A1), and further in view of Spivack et al (US 20220366061 A1).
As per claim 2, Boghossian does not disclose: wherein the smart tag is a Radio Frequency Identification (RFID) tag or a Near Field Communication (NFC) tag .
However, Spivack et al (US 20220366061 A1) discloses: [0417] For high valued physical goods that require high security, a scan device (e.g. a user device, a client/mobile device 102A-N as shown in the example of FIG. 1 and/or a client/mobile device 402 of the example of FIG. 4A) with gyroscope and/or GPS or RFID antenna can be used to increase fingerprinting precision. To achieve this, the disclosed system records (e.g., by the fingerprint engine 314 of the example of FIG. 3A and/or the fingerprint engine 415 of FIG. 4A) the scan device's orientation (pitch, roll, yaw, horizontal x position, vertical y position, z depth) relative to the tag when the requesting/affiliate party uses the scan device to fingerprint the tag.
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the above limitations as taught by Spivack et al in the systems of Boghossian, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per claim 3, wherein the tag is strategically placed within the physical garment and can withstand wear and tear, domestic washing, and drying cycles, ([0447] Therefore, one embodiment of the system is able to perform decentralized cross validation (e.g., by the verification engine 310 of the host server 300 shown in the example of FIG. 3A and/or the verification engine 412 of FIG. 4A) with integration of the system with Blockchain The decentralized cross validation function can for example, solves the problem of physical tag degradation over time. When a tag is placed in external environments under sunshine, humidity etc., dirt may accumulate or the tag's printed colors may fade. With decentralized functions, such as decentralized cross validation, the fingerprint and other metadata used to authenticate a tag can be updated automatically and over time in a decentralised manner by various across any user).
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the above limitations as taught by Spivack et al in the systems of Boghossian, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per claim 4, Boghossian discloses:
wherein the tag generates a hyper-reality field around the user, thus creating a localized augmented reality environment when viewed through compatible augmented reality devices, ([0019] Described herein is a multi-sensory & “phygital” (physical/digital) Cannabis printed article (e.g., magazine, hardcover book or pamphlet, digital magazine file, non-fungible token) that not only allows the user/reader to smell Cannabis strains through Cannabis-leaf-shaped scratch-and-sniff stickers, but also allows the user/reader to interact with NFTs within the magazine to either see visually (via a plurality of or one or more downloaded image and/or video files), hear about (via a plurality of or one or more downloaded sound files), and learn about (via many other downloaded interactive content and/or business content) the Cannabis strains presented in the printed article and/or digital magazine file using an interlinked mobile communication device (e.g., smartphone) application that includes & corroborates with AUGMENTED REALITY (AR) technology that is incorporated in the downloaded content or data);
As per claim 8, Boghossian does not disclose: wherein the mobile application may connect with augmented reality (AR) devices, such as AR headsets or glasses, to view and interact with the augmented reality content.
However, Spivack et al discloses: [0138] The client devices 102A-N can also include an image or video input integrated display device, with or without a touch enabled display component, with or without optical and/or digital zoom capabilities such as a desktop/laptop computer with web camera or scanner, a Virtual Reality (VR), Augmented Reality (AR) or Mixed Reality (MR) headset/glasses
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the above limitations as taught by Spivack et al in the systems of Boghossian, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per claim 9, Boghossian does not disclose: wherein the Augmented Reality content associated with the physical garment involve virtual elements overlaid on the physical garment when viewed through AR enabled devices.
However, Spivack et al discloses: [0129] In one embodiment, the security device includes a monochrome fractal pattern (as shown in the examples of FIG. 6A-1) formed along one or more edges of the content element or along one or more edges of the composite pattern. Alternatively, the monochrome fractal pattern can be formed to overlap the content element for chaosmetric enhancement.
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the above limitations as taught by Spivack et al in the systems of Boghossian, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per claim 10, Boghossian discloses:
wherein the virtual element may include but not limited to garment details including designer name, material used, color options, virtual try ons and styling tips, ([0021] In some embodiments, a Non-Fungible Token will represent a digital asset that corresponds to a physical/tangible item (e.g., hardcover magazine)).
As per claim 11, Boghossian discloses:
d. a dedicated mobile application for users to install on their smartphones or wearable devices for facilitating interactions with the smart tags, ((19) the Cannabis strains presented in the printed article and/or digital magazine file using an interlinked mobile communication device (e.g., smartphone) application);
Boghossian does not disclose: a. a server, a computing device connected to the server ;
However, Spivack et al discloses: [0152] Access to the host server 100 (e.g., the host server 100 of FIG. 1 and/or the host server 300 of FIG. 3A-3B or the security device generator 340 of the host server 300) can be provided by locally installed clients or generic applications, such as a browser on a computing device of the requestor entity 112.
b. a database configured to store information related to garment specification, ownership details, transaction history; Augmented Reality meta data, smart tags and NFTs (Non Fungible Tokens), ([0110] In this case, one security device on the physical certificate is linked to another security device on the sneaker itself—they are two different security devices that are linked in the database entry for that particular collectible sneaker. For example, in the database entry, the authentication metadata for the two security devices may encode a reference one another (e.g., such as a unique ID of the security device). The database entry can also include a unique identifier for the collectible sneaker (e.g., the sneaker SKU). The Certificate of Authenticity (COA) is then represented by/is embodied in the NFT that is tied to the physical collectible sneaker. Ownership of that NFT therefore also confers ownership of the COA and the ability to generate a new COA at any time for anyone on request);
c. a communication interface facilitating communication between the server and computing device, ([0152] Access to the host server 100 (e.g., the host server 100 of FIG. 1 and/or the host server 300 of FIG. 3A-3B or the security device generator 340 of the host server 300) can be provided by locally installed clients or generic applications, such as a browser on a computing device of the requestor entity 112).
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the above limitations as taught by Spivack et al in the systems of Boghossian, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per claim 12, Boghossian discloses:
wherein the smart tags are embedded on the physical garments and the smart tags generate a hyper-reality field around the user, thus creating a localized augmented reality environment when viewed through compatible augmented reality devices, ([0019] Described herein is a multi-sensory & “phygital” (physical/digital) Cannabis printed article (e.g., magazine, hardcover book or pamphlet, digital magazine file, non-fungible token) that not only allows the user/reader to smell Cannabis strains through Cannabis-leaf-shaped scratch-and-sniff stickers, but also allows the user/reader to interact with NFTs within the magazine to either see visually (via a plurality of or one or more downloaded image and/or video files), hear about (via a plurality of or one or more downloaded sound files), and learn about (via many other downloaded interactive content and/or business content) the Cannabis strains presented in the printed article and/or digital magazine file using an interlinked mobile communication device (e.g., smartphone) application that includes & corroborates with AUGMENTED REALITY (AR) technology that is incorporated in the downloaded content or data);
As per claim 13, Boghossian does not disclose:
wherein the smart tag is a Radio Frequency Identification (RFID) tag or a Near Field Communication (NFC) tag.
However, Spivack et al (US 20220366061 A1) discloses in: [0417] For high valued physical goods that require high security, a scan device (e.g. a user device, a client/mobile device 102A-N as shown in the example of FIG. 1 and/or a client/mobile device 402 of the example of FIG. 4A) with gyroscope and/or GPS or RFID antenna can be used to increase fingerprinting precision. To achieve this, the disclosed system records (e.g., by the fingerprint engine 314 of the example of FIG. 3A and/or the fingerprint engine 415 of FIG. 4A) the scan device's orientation (pitch, roll, yaw, horizontal x position, vertical y position, z depth) relative to the tag when the requesting/affiliate party uses the scan device to fingerprint the tag.
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the above limitations as taught by Spivack et al in the systems of Boghossian, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per claim 14, Boghossian discloses:
wherein a dedicated mobile application facilitates interaction with the smart tags; the smart tags when scanned by the said mobile application verifies the physical garment associated NFT on the blockchain network and provides access to augmented reality content associated with the said garment.
((26) upon finding a specific piece of apparel (hoodie, shirt, sweats, hat, etc.), the user can scan the QR code which automatically links you to the AR application integrated with the magazine and lets a user view the specific profile page of that piece of apparel).
As per claim 15, Boghossian does not disclose:
wherein the Augmented Reality content associated with the physical garment involve virtual elements overlaid on the physical garment when viewed through AR enabled devices.
However, Spivak et al discloses in: [0129] In one embodiment, the security device includes a monochrome fractal pattern (as shown in the examples of FIG. 6A-1) formed along one or more edges of the content element or along one or more edges of the composite pattern. Alternatively, the monochrome fractal pattern can be formed to overlap the content element for chaosmetric enhancement.
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the above limitations as taught by Spivack et al in the systems of Boghossian, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per claim 16, Boghossian discloses:
wherein the virtual element may include but not limited to garment details including designer name, material used, color options, virtual try ons and styling tips, ([0021] In some embodiments, a Non-Fungible Token will represent a digital asset that corresponds to a physical/tangible item (e.g., hardcover magazine).
As per claim 17, Boghossian does not disclose:
wherein the augmented reality (AR) devices include but not limited to AR headsets or glasses, to view and interact with the augmented reality content.
However Spivak et al discloses:
[0138] The client devices 102A-N can also include an image or video input integrated display device, with or without a touch enabled display component, with or without optical and/or digital zoom capabilities such as a desktop/laptop computer with web camera or scanner, a Virtual Reality (VR), Augmented Reality (AR) or Mixed Reality (MR) headset/glasses.
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the above limitations as taught by Spivack et al in the systems of Boghossian, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim(s) 2, 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boghossian (US 20230245086 A1), and further in view of Mars et al (US 12238091 B1).
As per claim 7, Boghossian does not disclose:
wherein the users earn points through interactions and gaming activities on the mobile application , the earned points are displayed on leader boards and can be redeemed for any physical or virtual clothing through official retailers,
However, Mars et al discloses: ((68) The user interface may allow the guest to receive one or more souvenirs, such as: a digitally signed token or souvenir (incorporating the user's phone number, name, or the like); the ability to take a selfie with the character that is specially framed or that is digitally signed, or the like; the ability to download a special audio, video, application program or other media; the ability to obtain a “head of the line” ride ticket; the ability to receive a digital coupon (discount or free) for a physical object (e.g. a stuffed animal); the ability to receive a special item or power-up in a video game).
It would have been obvious to one of ordinary skill in the art at the time of the invention to include the above limitations as taught by Mars et al in the systems of Boghossian, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Akiba Robinson whose telephone number is 571-272-6734 and email is Akiba.Robinsonboyce@USPTO.gov. The examiner can normally be reached on Monday-Thursday 6:30am-4:30pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor, Resha Desai can be reached on 571-270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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June 8, 2025
/AKIBA K ROBINSON/Primary Examiner, Art Unit 3628