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 .
Election/Restriction
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-4 and 9-16 drawn to inventory storage.
Group II, claim(s) 5-8, drawn to virtual dressing room.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I and II lack unity of invention because the groups do not share the same or corresponding technical feature.
During a telephone conversation with Ilya Libenzon on February 2, 2026 a provisional election was made without traverse to prosecute the invention of I, claims 1-4 and 9-16. Affirmation of this election must be made by applicant in replying to this Office action. Claims 9-12 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention. Examiner notes that upon further review claims 1-4 and 9-16 are grouped together.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “including but not limited to” in claim 9 is a relative term which renders the claim indefinite. The term “including but not limited to” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim recites “access detailed information about the items, including but not limited to, descriptions, quantities, and maintenance instructions”. One of ordinary skill in the art would not be reasonable apprised of the scope of detailed information.
Claims that are noted above as being rejected but that are not specifically cited are rejected based on their dependency on rejected independent claim.
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) 1-4, 9, 10 and 12-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Vogel et al., U.S. Patent Publication Number 2024/0112136 A1.
Regarding claim 1, Vogel discloses a method for improving user experience and augmenting user interaction with physical spaces using a digital inventory and spatial management system, comprising: capturing a live feed of a physical space using the camera of the computing device (FIG. 1; paragraph 0062, scan and capture images or videos of an inventory; a user operating the user device can capture multiple inventories in a storage location (e.g., warehouse, storage closet, etc.); paragraph 0023); processing the captured live feed to identify characteristics of the physical space and items within it (paragraph 0073, the machine learning model can alternatively and/or additional identify the storage units based on a shape and/or form of the storage unit identifiers; FIG. 1); and overlaying augmented reality (AR) visual elements onto the live feed based on the identified characteristics, providing users with enhanced visual information and interactive options related to the space and items (paragraph 0064, display configured to present, to the user, substantially real-time feed of images or videos captured by the sensor, icons overlayed and/or positioned within an active/augmented reality of the inventions, an inventory dashboard, a product list, buttons, and/or the like).
Regarding claim 2, Vogel discloses wherein processing the captured live feed includes using machine learning algorithms to recognize and categorize items within the physical space (paragraph 0073, the machine learning model can alternatively and/or additional identify the storage units).
Regarding claim 3, Vogel discloses further comprising displaying virtual labels or icons on the AR overlays that correspond to specific items or sections within the physical space, facilitating item identification and navigation ((paragraph 0090, can include location control points used to determine a spatial search in the image frames. In some implementations, the control points can include barcodes, icons, landmarks, identifiers, specific shelves, and/or other indicators that can be used to orient the sensor; paragraph 0132, in the case that an inventory is difficult to view, the digital model in the shape of a pyramid can point to a storage unit; figure 14).
Regarding claim 4, Vogel discloses including providing actionable options within the AR overlays, such as viewing item information, accessing related items, or obtaining usage tips, enhancing user engagement and utility (paragraph 0045, can include an interactable feature that allows the user to analyze, manage, and/or view the storage units, the unit types, the storage unit counts and/or the like; paragraph 0067, the product list can be a menu with which the user can interact to modify data of the icons; icons can include descriptions of storage units, description of the inventory, and/or a count of storage units).
Regarding claim 9, Vogel discloses a method for organizing and visualizing physical items within a storage space using augmented reality (AR) overlays using a digital inventory and spatial management system, the method comprising: initiating a scanning process using a camera-equipped computing device to capture real-time images of the storage space (FIG. 1; paragraph 0062, scan and capture images or videos of an inventory; a user operating the user device can capture multiple inventories in a storage location (e.g., warehouse, storage closet, etc.); paragraph 0023); analyzing the captured images with a combination of image recognition and machine learning algorithms to identify distinct storage units and individual items within the storage space (paragraph 0073, the machine learning model can alternatively and/or additional identify the storage units based on a shape and/or form of the storage unit identifiers); generating augmented reality (AR) overlays that map virtual labels or icons onto the corresponding real-world storage units and items identified in the analysis, wherein each label or icon visually represents the category or nature of the items stored within each unit (paragraph 0064, display configured to present, to the user, substantially real-time feed of images or videos captured by the sensor, icons overlayed and/or positioned within an active/augmented reality of the inventions, an inventory dashboard, a product list, buttons, and/or the like); displaying the AR overlays on the device's screen in real-time, aligned with the user's view of the storage space through the camera, to provide an interactive visual guide that aids in the organization and retrieval of items (paragraph 0080, the digital models can include substantially real-time virtual representation of a real-world physical object; presented on the display in the form of active reality and/or augmented reality; can include spatial labels and/or icons); implementing user interaction capabilities within the AR overlays, allowing users to tap on virtual labels or icons to access detailed information about the items, including but not limited to, descriptions, quantities, and maintenance instructions (paragraph 0045, can include an interactable feature that allows the user to analyze, manage, and/or view the storage units, the unit types, the storage unit counts and/or the like; paragraph 0067, the product list can be a menu with which the user can interact to modify data of the icons; icons can include descriptions of storage units, description of the inventory, and/or a count of storage units); and enabling the updating of item information and storage locations within the application through direct user inputs into the AR overlays, facilitating real-time management of the inventory and storage organization (paragraph 0067, the user can interact with the product list to change descriptions, names and/or modify counts; enable the user to modify the data of storage units and/or the icons).
Regarding claim 10, Vogel discloses further comprises detecting changes in the storage space arrangement or in the placement of items, and automatically update the AR overlays to reflect current storage configurations (paragraph 0056, the server can process the image frames captured by each user device, and determine, using spatial analysis and/or depth analysis; paragraph 0109, updating the storage unit count; paragraph 0132, storage unit can be represented as a digital model in the shape of a pyramid and placed at a position elevated from that storage unit; figure 14).
Regarding claim 12, Vogel discloses including the feature of customizable AR overlay designs, wherein users can select from a variety of virtual label or icon styles and colors to personalize the visual representation of their inventory according to their preferences (paragraph 0088, the user can customize a virtual environment of associated with the screenshot of the inventory; the user can customize the shape, size, color, placement, transparency, and/or the like, of the icons).
Regarding claim 13, Vogel discloses further comprises providing suggestions for optimal organization of items within the storage space based on factors such as item size, frequency of use, or user-specified priorities, with these suggestions presented through AR overlays (paragraph 0135, restocking the unit type and/or predicting the generating of a replenish request for the unit type can be based on external factors, such as, for example, weather, season, day of week, outside events, and/or the like; the machine learning model can predict that a shipment time for the unit type is longer during the winter season so the replenish request is generated sooner and/or before the unit type is out of stock).
Regarding claim 14, Vogel discloses further comprises sharing AR-generated views of the storage space with other users of the digital inventory management application, enabling collaborative organization and item management among multiple users (paragraph 0056, can process multiple request from multiple user devices connected to the network; multiple user devices can capture image frames of the same inventory in the same warehouse; can process the image frames captured by each user device and determine, using spatial analysis and/or depth analysis, which storage unit was counted more than once and update the storage unit count associated with the duplicate storage unit accordingly; paragraph 057, management device).
Regarding claim 15, Vogel discloses further comprises generating of AR overlays that indicate the best paths to access difficult-to-reach items within the storage space, aiding in efficient navigation and item retrieval (paragraph 0090, can include location control points used to determine a spatial search in the image frames. In some implementations, the control points can include barcodes, icons, landmarks, identifiers, specific shelves, and/or other indicators that can be used to orient the sensor; paragraph 0132, in the case that an inventory is difficult to view, the digital model in the shape of a pyramid can point to a storage unit).
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.
Claim(s) 11 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vogel as applied to claim 9 above, and further in view of Zehr et al., U.S. Patent Number 11,232,511 B1.
Regarding claim 11, Vogel discloses further comprising the step of integrating capabilities into the digital inventory management application, allowing users request information about items or storage locations, which the system then displays using AR overlays (paragraph 0047, presentation of information and pictures, such as multiple icons, a substantially real-time feed, and/or an inventory dashboard; paragraph 0063, obtaining depth or dimensional information about the specific inventory from the database using the control point (e.g., unique ID of the QR code)).
However, it is noted that Vogel fails to disclose voice commands and verbal request.
Zehr discloses voice commands (col. 6, lines 29-30, using a camera controlled by a remote device or through voice commands).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the user input for additional information such as touch and/or tap as disclosed by Vogel, i.e., the capturing of a QR code with a camera, with the voice command for camera control input as disclosed by Zehr, in that a person of ordinary skill in the art would have recognized the substitution yields the predictable result of a providing user input to capture or control a camera, which would provide additional information from a QR code or unique ID.
Regarding claim 16, it is noted that Vogel fails to disclose wherein the AR overlays include interactive virtual buttons for marking items as 'needed for maintenance', 'to be donated', or 'to be sold', facilitating task management directly within the visual interface.
Zehr discloses marking items as 'needed for maintenance', 'to be donated', or 'to be sold', facilitating task management directly within the visual interface (col. 7, lines 10-14, indicate that the item has been removed (e.g., sold, given away, thrown out, put in storage) and are no longer available for utilization; a notification may be generated asking the user to confirm removal of the item).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the items, inventory storage, and storage units, as disclosed by Vogel, the indication of sold, given away, thrown out, put in storage, as disclosed by Zehr, to provide a user with utilization updates of items in storage so that as disclosed by Vogel, a user can make changes to storage unit reports.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kassabov et al., U.S. Patent Publication Number 2024/0338652 A1
Kassabov discloses paragraph 0017, operator or user of the system to effectively point a scanner at a device and automatically retrieve device-specific settings and configurations details; paragraph 0022, uniquely identify a device; identification compared to that use a single item of information; paragraph 0023, augmented reality system may be used to retrieve and present information about the device, such as configurations, settings, or other information, in real time as an overlay over a live image of the device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Motilewa Good-Johnson whose telephone number is (571)272-7658. The examiner can normally be reached Monday - Friday 6am-2:30pm.
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, Jason Chan can be reached at 571-272-3022. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOTILEWA . GOOD JOHNSON
Primary Examiner
Art Unit 2616
/MOTILEWA GOOD-JOHNSON/Primary Examiner, Art Unit 2619