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 .
The following is a Final Office Action in response to communications received on 12/22/25. Claims 1-12 are currently pending and have been examined. Claims 1, 2, 3, 4, 5, 9, and 10 have been amended. Claims 11-12 have been added.
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.
Step 1: The claims 1-8 and 11-12 are a system, claim 9 is a method, and claim 10 is a computer readable medium. Thus, each independent claim, on its face, is directed to one of the statutory categories of 35 U.S.C. §101. However, the claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A Prong 1: The independent claims (1, 9 and 10, taking claim 1 as a representative claim) recite:
a monitor provided in a fitting room of a physical store;
a fitting room system comprising: at least one memory storing instructions, and at least one processor configured to execute the instructions to;
authenticate a user in order to log in to a VR (virtual reality) space;
display an avatar in the VR space associated with the user on the monitor in a case where authentication for the user is successful;
detect and determine an offline physical product being worn by the user in the fitting room and to be sold at the physical store;
detect and determine being performed by using at least one of: a camera to capture an image of the user wearing the offline physical product and an image search system; and an RFID (Radio Frequency Identification) reader to read an RFID tag attached to the offline physical product being worn by the user; and
and reflect, on the avatar displayed on the monitor, a digital item in a VR space or an online physical product to be sold at an online shop of the real store, which is associated to or similar to the determined offline physical product.
These limitations, except for the italicized portions, under their broadest reasonable interpretations, recite certain methods of organizing human activity for managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) as well as commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). The claimed invention recites steps for authenticating a user in a fitting room space at a store, display a representation of the user in the fitting room of a store, determine a product being worn by the user that is sold at the store, and display an associated or similar product available for sale at an online store. The steps under its broadest reasonable interpretation specifically fall under sales activities. The Examiner notes that although the claim limitations are summarized, the analysis regarding subject matter eligibility considers the entirety of the claim and all of the claim elements individually, as a whole, and in ordered combination.
Prong 2: This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of:
A fitting room system comprising: at least one memory storing instructions, and at least one processor configured to execute the instructions to; (claim 1)
a monitor provided in a fitting room of a physical store;
A fitting method comprising: (claim 9)
A non-transitory computer readable medium storing a program causing a computer to execute: (claim 10)
a fitting room system comprising: at least one memory storing instructions, and at least one processor configured to execute the instructions to;
authenticate a user in order to log in to a VR (virtual reality) space;
display an avatar in the VR space associated with the user on the monitor in a case where authentication for the user is successful;
detect and determine an offline physical product being worn by the user in the fitting room and to be sold at the physical store;
detect and determine being performed by using at least one of: a camera to capture an image of the user wearing the offline physical product and an image search system; and an RFID (Radio Frequency Identification) reader to read an RFID tag attached to the offline physical product being worn by the user; and
and reflect, on the avatar displayed on the monitor, a digital item in a VR space or an online physical product to be sold at an online shop of the real store, which is associated to or similar to the determined offline physical product.
The recitation of the emphasized additional elements above merely indicates a field of use or technological environment in which the judicial exception is performed. Although these additional elements limit the identified judicial exception, which involves using VR to display a representation of a user on a monitor with items being worn and or recommended as associated or similar to the offline product being worn by the user, this type of limitation merely confines the use of the abstract idea to a particular technological environment (Virtual Reality) and thus fails to add an inventive concept to the claims. See MPEP 2106.05(h) and the July 2024 Subject Matter Eligibility Examples and corresponding analysis. These limitations do not impose any meaningful limits on practicing the abstract idea, and therefore does not integrate the abstract idea into a practical application (see MPEP 2106.05(g)).
Accordingly, these additional elements when considered individually or as a whole do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The independent claims are directed to an abstract idea.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A Prong two, the additional elements in the claims amount to no more than generally linking the judicial exception to a particular technological environment.
Even when considered as an ordered combination, the additional elements of claim 1, 9, and 10 do not add anything that is not already present when they are considered individually. Therefore, under Step 2B, there are no meaningful limitations in claims 1, 9, and 10 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself (see MPEP 2106.05).
As such, independent claims 1, 9, and 10 are ineligible.
Dependent claims 2-8 and 11-12 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. §101 because the additional recited limitations fail to establish that the claims are not directed to the same abstract idea of Independent Claims 1, 9 and 10 without significantly more.
Claim 2 recites The fitting room system according to claim 1, wherein the at least one processor configured to execute the instructions to receive a purchase request for purchasing the digital item or the online physical product from a user, through a communication terminal provided in the real store or a communication terminal carried by the user. While the limitation further recites an additional element of the communication terminal, the additional element is recited at a high level of generality and merely further limits the judicial exception without integrating it into a practical application.
Claim 3 recites The fitting room system according to claim 1, wherein the at least one processor configured to execute the instructions to receive feedback from another user in a VR space for the avatar reflecting the digital item or the online physical product. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 4 recites The fitting room system according to claim 1, wherein the at least one processor configured to execute the instructions to estimate a pose of a user captured by a camera in real time, and reflect the estimated pose of the user on the avatar on the monitor. While the limitation further recites an additional element of the camera, the additional element is recited at a high level of generality and merely further limits the judicial exception without integrating it into a practical application.
Claim 5 recites The fitting room system according to claim 1, wherein the at least one processor configured to execute the instructions to authenticate the user, based on an image of a face of the user being captured by a camera provided in the real store. While the limitation further recites an additional element of the camera, the additional element is recited at a high level of generality and merely further limits the judicial exception without integrating it into a practical application.
Claim 6 recites The fitting room system according to claim 3, wherein the another user is a user having a familiar relationship being set in advance by the user. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 7 recites The fitting room system according to claim 3, wherein the another user is a user in a closed environment in a VR space being operated by a dealer or an affiliate company thereof selling the physical product and the digital item. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 8 recites The fitting room system according to claim 3, wherein the feedback includes a comment from the another user about the avatar reflecting the digital item or the online physical item. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 11 recites The fitting room system according to claim 1, wherein the avatar associated with the user being set by the user in the VR space. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
Claim 12 recite The fitting room system according to claim 1, wherein the avatar associated with the user is generated based on a face image and a body image of the user captured by the camera. The additional element of the camera is recited at a high level of generality. The limitation merely further limits the abstract idea and does not integrate the judicial exception into a practical application.
For these reasons, claims 1-12 are rejected under 35 USC 101.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8, 9, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable SHI (US 20210042814) in view of Bleicher (US 20190347703) in further view of Tiku (US 20240071019).
Regarding claims 1, 9, and 10, Shi discloses:
A fitting room system comprising: at least one memory storing instructions; and at least one processor configured to execute the instructions to: (shown in Figure 1) (claim 1)
a monitor provided in a fitting room of a physical store; [0090] In some embodiments, the display screen is configured as a mirror screen, functioning as a dressing mirror while displaying information. And see image of user in Figures 2A and B (claim 1)
A fitting method comprising: (claim 9)
A non-transitory computer readable medium storing a program causing a computer to execute: (shown in Figure 1) (claim 10)
authenticate a user in order to log in to a VR (Virtual Reality) space; [0052] In one embodiment, to determine the identification information of the user confirming the clothing items for try-on, the second device (102) is further configured with a user biometric information collection apparatus. For example, the user biometric information collection apparatus includes a camera configured to perform facial recognition, a fingerprint collector, a voiceprint collector, an iris information collector, and the like. After the biometric information of a user is collected, it is confirmed that the user needs to perform a confirmation operation on the clothing items for try-on. In one embodiment, a camera is used for implementation. Further, the second device (102) is further configured with a proximity sensor. Once the proximity sensor detects that a user is approaching, the camera is triggered to collect the complete facial information, as long as the user stays sufficiently long, and it is determined that the particular user needs to confirm the clothing items for try-on and the like. Further, with the biometric information collected, the second device is further configured to, in turn, determine the identification information of the user. As used herein, the identification information refers to the identity information such as an account obtained by the user after pre-registering with a server of a system, which belongs to an online sale system, or the like, in a cooperative relationship with the store. Typically, the online system adopts authentications based on the real names of the users. During such real-name authentication, the user submits the biometric information, including the facial information, and the like. As such, the second device (102) is configured to query the corresponding server using the collected biometric information to obtain the corresponding user identification information. This way, the identification information (e.g., the account registered by the user with the online sale system) is obtained in the store and see [0053]
display an [avatar] in the VR space associated with the user on the monitor in a case where authentication for the user is successful; [0070] In some embodiments, the third device (103) is configured to be deployed in the fitting room and to determine the identification information of the user who enters the fitting room.[0090] In some embodiments, the display screen is configured as a mirror screen, functioning as a dressing mirror while displaying information. And see image of user in Figures 2A and B
The examiner notes that the language "in a case where the authentication for the user is successful" is conditional language and not positively recited. Therefore, has been given little patentable weight, however has been addressed with prior art above. See note below regarding [avatar]
detect and determine an offline physical product being worn by the user in the fitting room, and which is to be sold at the physical store, [0111] Further, the third device is configured to determine a clothing item that is currently being tried on such that selectable colors and/or sizes for the clothing item, as well as an operable options for changing a color and/or size are provided. After a request is received via the user's selection of the operable option(s), the third device is configured to provide the updated information to the first device such that the back warehouse re-prepares the item(s) and delivers them to the fitting room.
and reflect, on the avatar displayed on the monitor, a digital item in a VR space or an online physical product to be sold […] which is associated with or similar to the determined offline physical product. [0114] In one embodiment, the third device is configured to determine a selected matching clothing item in the recommendation information, based on which the displaying content material corresponding to the selected matching clothing item is obtained. Next, the third device is configured to display the content material, based on an imaging position of the user at the mirror screen and the type of the matching clothing item, to provide a virtual effect of trying-on the matching clothing item. And see [0075]
While the reference discloses a VR fitting room providing additional information to a user about other items from purchase based on the anchor item the user is wearing and the ability to purchase the other items, the reference does not expressly disclose:
detect and determine being performed by using at least one of: a camera to capture an image of the user wearing the offline physical product and an image search system; and an RFID (Radio Frequency Identification) reader to read an RFID tag attached to the offline physical product being worn by the user; and
a digital item in a VR space or an online physical product to be sold at an online shop of the physical store
However Bleicher teaches:
Avatar -The examiner notes the interpretation of the image displayed in SHI discloses the avatar as set forth in the instant specification [0036] and per the definition of avatar in merriam webster dictionary (attached PTO-892), it is of note that the secondary reference Bleicher explicitly teaches avatars used as a shopping avatar [0079] At step 215, scanned or graphic data may be acquired for a user, for example, from standard photographs, 2D and/or 3D image scanning, or from capture and processing using a POS Kiosk or automated shopping assistant apparatus etc. This graphic data is used by the personalized shopping system to generate a user's physical profile based on the user's physical properties. At step 220 a multi-dimensional user shopping profile, hereinafter referred to as a user shopping avatar, may be developed, by processing the various input data from steps 205, 210 and 215, thereby generating a user shopping avatar or profile that includes user physical properties as well as user behavior and user preference data. The profile or avatar is a dynamic structure which may constantly improve in the way it animates, reflects or represents the user, optionally using feedback and additional inputs from steps 205, 210, and/or 215. In one implementation, a user avatar may be used to match a user to potential products, in a single store, and/or in multiple stores, for example, in any retail store in a chain of stores, or online, in a network or affiliation of online and/or offline stores or platforms.
a digital item in a VR space or an online physical product to be sold at an online shop of the physical store [0079] In one implementation, a user avatar may be used to match a user to potential products, in a single store, and/or in multiple stores, for example, in any retail store in a chain of stores, or online, in a network or affiliation of online and/or offline stores or platforms.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the VR fitting room recommendations of Shi to include a digital item in a VR space or an online physical product to be sold at an online shop of the real store, as taught in Bleicher, in order to reduce the need to repeat the shopping process for several items or fitting of items (paragraphs 004-005).
While the references disclose a VR fitting room providing additional information to a user about other items from purchase based on the anchor item the user is wearing and the ability to purchase the other items and the ability to purchase the item in store or online, the reference does not expressly disclose:
detect and determine being performed by using at least one of: a camera to capture an image of the user wearing the offline physical product and an image search system; and an RFID (Radio Frequency Identification) reader to read an RFID tag attached to the offline physical product being worn by the user; and
However Tiku teaches:
detect and determine being performed by using at least one of: a camera to capture an image of the user wearing the offline physical product and an image search system; and an RFID (Radio Frequency Identification) reader to read an RFID tag attached to the offline physical product being worn by the user; and [0026] In some implementations, the XR device may determine the identifier associated with the clothing item based on the tag being a near field communication (NFC) radio frequency identification (RFID) tag, in which case the tag may transmit signals actively or in response to being pinged by the XR device.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the VR fitting room recommendations of Shi in view of Bleicher to include detect and determine being performed by using at least one of: a camera to capture an image of the user wearing the offline physical product and an image search system; and an RFID (Radio Frequency Identification) reader to read an RFID tag attached to the offline physical product being worn by the user; and, as taught in Tiku, in order to receive feedback that may be helpful to the user when deciding whether to purchase the clothing item (paragraph 0015).
Regarding claim 2, Shi in view of Bleicher in further view of Tiku teaches the limitations set forth above. Shi further discloses:
wherein the at least one processor is configured to execute the instructions to receive a purchase request for purchasing the digital item or the online physical product from a user, through a communication terminal provided in the physical store or a communication terminal carried by the user. [0080] After the user finishes trying the clothing items, if the user determines to purchase some or all of the clothing items, payment is initiated at the third device. For example, an operable option 305 is configured at the user interface of FIG. 3. This way, the third device is further configured to provide an operable option for checking out the selected clothing items. When a check out request is received via the user selecting the operable option 305, a graphic code for payment is obtained from a corresponding server such that the user makes the payment by scanning the graphic code using a client corresponding to the server.
Regarding claim 3, Shi in view of Bleicher in further view of Tiku teaches the limitations set forth above.
While the references disclose a VR fitting room providing additional information to a user about other items from purchase based on the anchor item the user is wearing and the ability to purchase the other items and the ability to purchase the item in store or online, the reference does not expressly disclose:
wherein the at least one processor is configured to execute the instructions to receive feedback from another user in a VR space for the avatar reflecting the digital item or the online physical product.
However Tiku teaches:
wherein the at least one processor is configured to execute the instructions to receive feedback from another user in a VR space for the avatar reflecting the digital item or the online physical product. [0015] The interface may provide augmented controls (e.g., a virtual slider) for modifying features (e.g., a hairstyle or accessories) of the three-dimensional model of the user wearing the clothing item, such that the user may easily imagine how the clothing item looks on them. The interface may provide a scene on which the three-dimensional model of the user wearing the clothing item is overlayed, such that the user may easily imagine how the user looks when wearing the clothing item in a particular location. The XR device may share the three-dimensional model of the user wearing the clothing item with other computing devices, which may allow the XR device to receive feedback from people associated with the other computing devices. The feedback may be helpful to the user when deciding whether to purchase the clothing item.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the VR fitting room recommendations of Shi in view of Bleicher to include wherein the at least one processor configured to execute the instructions to receive feedback from another user in a VR space for the avatar reflecting the digital item or the online physical product, as taught in Tiku, in order to receive feedback that may be helpful to the user when deciding whether to purchase the clothing item (paragraph 0015).
Regarding claim 4, Shi in view of Bleicher in further view of Tiku teaches the limitations set forth above. Shi further discloses:
wherein the at least one processor is configured to execute the instructions to: estimate a pose of a user captured by the camera in real-time, and reflect the estimated pose of the user on the avatar on the monitor. [0115] In some embodiments, after a virtual try-on request is received, a prompt is further provided to instruct the user to stand at a marked position in the fitting room. This way, the imaging position of the user at the mirror screen, and the position to display the virtual clothing item (e.g., a picture corresponding to the matching clothing item) at the mirror screen, are both determined. [0076] Further, in some embodiments, information about the height, body type, and the like of the user is acquired via an apparatus such as a camera in the store.
Regarding claim 5, Shi in view of Bleicher in further view of Tiku teaches the limitations set forth above. Shi further discloses:
wherein the at least one processor is configured to execute the instructions to authenticate the user, based on an image of a face of the user being captured by a camera provided in the physical store. [0053] On the other hand, a camera is configured to collect a facial image of the user, which is associated with the user identification information obtained from the above-described scanning result.
Regarding claim 6, Shi in view of Bleicher in further view of Tiku teaches the limitations set forth above.
While Shi in view of Bleicher disclose a VR fitting room providing additional information to a user about other items from purchase based on the anchor item the user is wearing and the ability to purchase the other items and the ability to purchase the item in store or online, the combination does not expressly disclose:
wherein the another user is a user having a familiar relationship being set in advance by the user.
However Tiku teaches:
wherein the another user is a user having a familiar relationship being set in advance by the user. [0048] In some cases, the user may only be visiting a physical retail store for a certain duration, and may want to quickly know whether friends and/or family like a certain clothing item. The user may share the three-dimensional model of the user wearing the clothing item with a certain group of users.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the VR fitting room recommendations of Shi in view of Bliecher to include wherein the another user is a user having a familiar relationship being set in advance by the user, as taught in Tiku, in order to receive feedback that may be helpful to the user when deciding whether to purchase the clothing item (paragraph 0015).
Regarding claim 8, Shi in view of Bleicher in further view of Tiku teaches the limitations set forth above.
While Shi in view of Bleicher disclose a VR fitting room providing additional information to a user about other items from purchase based on the anchor item the user is wearing and the ability to purchase the other items and the ability to purchase the item in store or online, the combination does not expressly disclose:
wherein the feedback includes a comment from the another user about the avatar reflecting the digital item or the online physical item
However Tiku teaches:
wherein the feedback includes a comment from the another user about the avatar reflecting the digital item or the online physical item [0042] As shown by reference number 122, the social media platform may receive, from computing devices associated with the other users, feedback related to the three-dimensional model of the user wearing the clothing item. The feedback may include comments, a like or dislike indicator, a rating, or other information that indicates whether the other users approve or disapprove of the clothing item. For example, the feedback may provide opinions of the other users regarding whether the user associated with the XR device should purchase the clothing item. The social media platform may transmit the feedback, as received from the computing devices, to the XR device.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the VR fitting room recommendations of Shi in view of Bliecher to include wherein the feedback includes a comment from the another user about the avatar reflecting the digital item or the online physical item, as taught in Tiku, in order to receive feedback that may be helpful to the user when deciding whether to purchase the clothing item (paragraph 0015).
Regarding claim 12, Shi in view of Bleicher in further view of Tiku teaches the limitations set forth above.
While the reference discloses a VR fitting room providing additional information to a user about other items from purchase based on the anchor item the user is wearing and the ability to purchase the other items, the reference does not expressly disclose:
wherein the avatar associated with the user is generated based on a face image and a body image of the user captured by the camera.
However Bleicher teaches:
wherein the avatar associated with the user is generated based on a face image [0107] At step 715, scanned or graphic data may be acquired for a user, for example, from standard photographs, 2D and/or 3D image scanning, or from capture and processing using an automated shopping assistant. This includes, for example, any type of 3D scanning technology, as described in the above section or alternative 2D method using or not using reference objects for sizing. Typically, user head and face scan data may be acquired at this stage. [0112] In some embodiments, at step 745, advanced graphic processing may be used for the user to virtually try on the product being researched, such that the user may see themselves dressed in the glasses in accordance with a digital simulation that places the glasses onto the user shopping avatar's face. and a body image of the user captured by the camera. [0117] Reference is now made to FIGS. 8A-8G, showing different views of a POS apparatus, Launchpad or kiosk, according to some embodiments. In some embodiments, the shopping assistant apparatus generates a user avatar based on one or more of 3D scanning, image acquisition using one or more cameras, measuring a user profile with pressure plates, etc. In some embodiments, a standing pad may be used to function as a positioning pad or reference for a user to stand on to perform a body scan. […] Such sensors, such as cameras, 3D sensors, all around cameras, and or multiple cameras may be used. [0133] the apparatus scans the body or body parts/elements, and at step 1115, generates a shopping profile based on the scan. At step 1120 the apparatus may present the shopping avatar to the user in a graphic format.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the VR fitting room recommendations of Shi to include wherein the avatar associated with the user is generated based on a face image and a body image of the user captured by the camera, as taught in Bleicher, in order to reduce the need to repeat the shopping process for several items or fitting of items tailoring the experience to the user/avatar (paragraphs 004-005).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over SHI (US 20210042814) in view of Bleicher (US 20190347703) in view of Tiku (US 20240071019) in further view of Rossi (US 20150012394).
Regarding claim 7, Shi in view of Bleicher in further view of Tiku teaches the limitations set forth above.
While Shi in view of Bleicher disclose a VR fitting room operated by the store (shown in Figure 1) providing additional information to a user about other items from purchase based on the anchor item the user is wearing and the ability to purchase the other items and the ability to purchase the item in store or online and Tiku discloses receiving feedback on the item for purchase from a shopper’s network (friends, family, followers), the combination does not expressly disclose:
wherein the another user is a user in a closed environment in a VR space being operated by a dealer or an affiliate company thereof selling the physical product and the digital item.
However Rossi teaches:
wherein the another user is a user in a closed environment in a VR space being operated by a dealer or an affiliate company thereof selling the physical product and the digital item. [0014] The invention provides a system and method for using an image of a virtual reality interface (or part thereof) in real-time instant-message or video communication with a store employee of the physical shop that the virtual reality interface is replicating, with the purpose of using that image as part of the basis of exchange between the user, or customer, and the store employee to facilitate the purchase of an item (for example, an item contained in the image or a related item) from the physical store.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the VR fitting room recommendations of Shi in view of Bliecher in further view of Tiku to include wherein the another user is a user in a closed environment in a VR space being operated by a dealer or an affiliate company thereof selling the physical product and the digital item, as taught in Rossi, in order to provide for convenience and simplicity (paragraph 003).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over SHI (US 20210042814) in view of Bleicher (US 20190347703) in view of Tiku (US 20240071019) in further view of Venturini US 20230055013.
Regarding claim 11, Shi in view of Bleicher in further view of Tiku teaches the limitations set forth above.
While Shi in view of Bleicher disclose a VR fitting room operated by the store (shown in Figure 1) providing additional information to a user about other items from purchase based on the anchor item the user is wearing and the ability to purchase the other items and the ability to purchase the item in store or online and Tiku discloses receiving feedback on the item for purchase from a shopper’s network (friends, family, followers), the combination does not expressly disclose:
wherein the avatar associated with the user being set by the user in the VR space.
However Venturini teaches:
wherein the avatar associated with the user being set by the user in the VR space. [0003]As a means for self-expression, many users may desire to customize their own avatars to show physical characteristics that reflect the actual appearances of the users. The users can also customize their avatars with various accessories, such as clothing items, eyeglasses, headwear, and more, which can reflect the users' individual styles, fashion tastes, and/or real-life appearances.[0004] In the devices, methods, and NPSDs described in this Specification, each individual user may be given an opportunity to create customized instances of the user's individual avatar, wherein each instance of the avatar may be customized to have a particular facial expression, visual characteristics, body language, and/or accessories that may reflect an individual user's appearance in a particular situations and circumstances.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the VR fitting room recommendations of Shi in view of Bliecher in further view of Tiku to include wherein the avatar associated with the user being set by the user in the VR space, as taught in Venturini, in order to allow the avatar to reflect the user’s personal style ([004-005]).
Related Art Not Cited
Adeyoola US 20140176565 discloses providing feedback to a customer in a virtual mirror system in a store regarding a garment selected for purchase. The feedback coming from someone in their network
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive.
With respect to the remarks directed to 35 USC 101, the examiner maintains the rejection and the rejection has been updated above to reflect the claim amendments. With respect to [003-006] of the instant specification, the invention does not appear to be a technical solution to a technical problem, but rather applying VR technology to address issues with physical in store shopping to improve the user’s shopping experience. The alleged improvement is therefore in the abstract idea itself and not an improvement to the technology itself. The claims recite the use of VR technology at a high level of generality. For at least these reasons the claims remain rejected under 35 USC 101.
With respect to the prior art rejection, the examiner has updated the rejected in view of the claim amendments. With respect to the remarks directed to SHI not teaching “an avatar in the VR space associated with the user”, the examiner respectfully disagrees. As shown in the updated rejection, the instant specification sets for several examples of the avatar, but no new or limiting definition (see as cited for example [0036] of the instant specification “An avatar similar to the attribute of a user may be automatically generated from an image of the user captured by the camera 4. Note that, in the present example illustrated in the drawings, the avatar 7 of the user 2 is the same as or similar to a body type of the user 2.”) and the rejection discusses the definition of avatar from Merriam- Webster which states an electronic image (as in a video game) that represents and may be manipulated by a computer user. In light of the claim interpretation in view of the BRI for the term “avatar” in light of the specification and the dictionary definition, the examiner maintains the image of the user captured and displayed in SHI does read on the “avatar” of the claims. The examiner also has notated that the secondary reference explicitly teaches an avatar. Therefore the examiner maintains the “avatar” was taught in the previous and foregoing rejections.
Additionally, the updated rejection has addressed the new claim limitations with the teachings of Tiku (previously cited and no specific arguments made in the response to this reference in light of the new claims or claim amendments) and the addition of Venturini (newly cited). For at least these reasons the claims are rejected under 35 USC 103.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 VICTORIA E. FRUNZI whose telephone number is (571)270-1031. The examiner can normally be reached Monday- Friday 7-4 (EST).
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VICTORIA E. FRUNZI
Primary Examiner
Art Unit TC 3689
/VICTORIA E. FRUNZI/Primary Examiner, Art Unit 3689 1/13/2026