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 .
Claims 1-17 are present for examination.
Claim Objections
Claims 2-8 are objected to because of the following informalities: “The device of claim” should be “The system of claim”. Appropriate correction is required.
Claim Interpretation
The term “conceptually linked” has been interpreted as “related”.
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) 1-6, 8-14, 16, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 11232638 B1 to French in view of US Patent Publication No. 20190266663 A1 to Keeler et al.
Regarding claim 1, French discloses A system (French, Abstract) comprising:
a user computing device comprising an imaging device (French, col. 9, lines 60-63, disclosing an electronic device with embedded camera); a processor (French, col. 5, 14-20, disclosing an augmented reality system including an electronic device, lines 27-35, disclosing the electronic device having one or more processors and memory); and a computer-readable medium storing instructions configured to cause the processor to (French, col. 5, 14-20, disclosing an augmented reality system including an electronic device, lines 27-35, disclosing the electronic device having one or more processors and memory):
receive an image of a physical media item from the imaging device, the image comprising an access code (French, col. 9, lines 38-39, disclosing taking a digital image of the object and scan it, lines 48-50, disclosing the object may include a code, such as a QRC code or a bar code, or an NFC sticker chip, col. 10, lines 2-6, disclosing recognizing any bar codes or NFC sticker that function as identifiable values and look for a match to those values in the data set of images stored in the object database);
identify the access code in the image by comparing the image to a library of access code image definitions (French, col. 9, lines 38-39, disclosing taking a digital image of the object and scan it, lines 48-50, disclosing the object may include a code, such as a QRC code or a bar code, or an NFC sticker chip, col. 10, lines 2-6, disclosing recognizing any bar codes or NFC sticker that function as identifiable values and look for a match to those values in the data set of images stored in the object database);
subsequent to identifying the access code in the image:
identify a link in a content of the physical media item, the link being linked to virtual reality and/or augmented reality (VR/AR) content comprising content that is conceptually linked to a subject matter of the physical media item (French, col. 10, lines 6-20, disclosing once the subject system determines the scanned value match any of the saved values of an image file in the object database, the hidden link embedded in the saved digital image file can connect to the appropriate digital media content file, the video image may be superimposed on the real-world environment, indicating the hidden link can correspond to a marker in the saved digital image file corresponding to a content of the physical media item, the hidden link as the marker is linked to the digital content file as VR/AR content related to the object as the subject matter of the physical media item);
based upon the link, obtain the linked virtual reality and/or augmented reality (VR/AR) content (French, col. 10, lines 6-20, disclosing once the subject system determines the scanned value match any of the saved values of an image file in the object database, the hidden link embedded in the saved digital image file can connect to the appropriate digital media content file, the video image may be superimposed on the real-world environment, the video may automatically play or the employer may select the play function on the app and watch the video image taken of the user superimposed on the real-world environment surrounding the employer as the employer view the video message through the display screen of the electronic device, indicating the hidden link can correspond to a marker in the saved digital image file corresponding to a content of the physical media item, the hidden link as the marker is linked to the digital content file as VR/AR content related to the object as the subject matter of the physical media item and can be obtained based on the link); and
present, via the user computing device, the VR/AR content (French, col. 10, lines 6-20, disclosing once the subject system determines the scanned value match any of the saved values of an image file in the object database, the hidden link embedded in the saved digital image file can connect to the appropriate digital media content file, the video image may be superimposed on the real-world environment, the video may automatically play or the employer may select the play function on the app and watch the video image taken of the user superimposed on the real-world environment surrounding the employer as the employer view the video message through the display screen of the electronic device).
However, French does not expressly disclose the link is a marker.
On the other hand, Keeler discloses identify a marker in a content of the physical media item, the marker being linked to virtual reality and/or augmented reality (VR/AR) content comprising content that is conceptually linked to a subject matter of the physical media item (Keeler, para. [0137], disclosing AR device can display information based on the user’s interaction with the one or more elements, para. [0139], disclosing detection of a radio frequency identification (RFID) can indicate one or more of a product, a product ID, a product description, a URL, detection of a code such as bar code or QR code can be made, indicating one or more of a product, product description, etc., para. [0140], disclosing detecting a graphic and/or a logo of elements such as athletic shoes can be detected, para. [0143], disclosing a presentation can be created and/or optimized including information associated with the elements of the physical store, indicating the code, graphic, or logo can correspond to a marker in a content of the element/object as the physical media item, and the information associated with the elements can correspond to virtual reality and/or augmented reality (VR/AR) content comprising content that is conceptually linked to a subject matter of the physical media item); based upon the marker, obtain the linked virtual reality and/or augmented reality (VR/AR) content (Keeler, para. [0140], disclosing detecting a graphic and/or a logo of elements such as athletic shoes can be detected, para. [0143], disclosing a presentation can be created and/or optimized including information associated with the elements of the physical store, indicating the code, graphic, or logo can correspond to a marker in a content of the element/object as the physical media item and the information associated with the elements can correspond to the linked VR/AR content being obtained based on the marker); and present, via the user computing device, the VR/AR content (Keeler, para. [0140], disclosing detecting a graphic and/or a logo of elements such as athletic shoes can be detected, para. [0143], disclosing a presentation can be created and/or optimized including information associated with the elements of the physical store, para. [0145], disclosing the presentation can be provided to the user via AR device).
Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine French and Keeler. The suggestion/motivation would have been to enhance a user’s perception of reality, as suggested by Keeler (see Keeler, para. [0134]).
Regarding claim 2, French in view of Keeler discloses the device of claim 1, wherein the VR/AR content is selected from a VR/AR library of digital media content items based on the subject matter of the physical media item (Keeler, para. [0138], disclosing the AR device can display one or more of a picture of the athletic shoe, a video of athletic shoe, para. [0139], disclosing detection of a code can indicated one or more of a product, product description, etc., para. [0144], disclosing the presentation can include one or more pricing information, manufacture information, model information, material information, picture, video etc., indicating the presentation as VR/AR content can be selected from a collection of these information as a VR/AR library media content items based on the subject matter of the object as the physical media item), wherein the library of digital media content items comprises items linked to a plurality of subject matter categories (Keeler, para. [0138], disclosing the AR device can display one or more of a picture of the athletic shoe, a video of athletic shoe, para. [0139], disclosing detection of a code can indicated one or more of a product, product description, etc., para. [0144], disclosing the presentation can include one or more pricing information, manufacture information, model information, material information, picture, video etc., indicating the presentation as VR/AR content can be selected from a collection of these information as a VR/AR library media content items based on the subject matter of the object as the physical media item, and picture, video, product description, pricing information, manufacture information, model information, material information can correspond items linked to a plurality of subject matter categories). Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine French and Keeler. The suggestion/motivation would have been to enhance a user’s perception of reality, as suggested by Keeler (see Keeler, para. [0134]).
Regarding claim 3, French in view of Keeler discloses the device of claim 1, wherein the VR/AR content comprises an AI-driven avatar (Keeler, para. [0103], disclosing the system can include an artificial intelligence (AI) system utilizing data stored in tables 1710-1740, FIG. 17, showing tables 1710-1740 with product and customer information, para. [0118], disclosing presenting items to the user/customer based on knowledge rules, para. [0159], disclosing the person can be an augmented and/or simulated reality substitute for a live person (e.g., an avatar of a person), the simulated person can be configured to demonstrate one or more aspects, configurations, and/or features of the object and can be configured with information associated with a profile of a customer, indicating the simulated person can correspond to an AI-driven avatar in the AI system in the AR/VR content), wherein the AI-driven avatar is trained on data conceptually linked to the subject matter of the physical media item (Keeler, para. [0103], disclosing the system can include an artificial intelligence (AI) system utilizing data stored in tables 1710-1740, FIG. 17, showing tables 1710-1740 with product and customer information, para. [0118], disclosing presenting items to the user/customer based on knowledge rules, para. [0159], disclosing the person can be an augmented and/or simulated reality substitute for a live person (e.g., an avatar of a person), the simulated person can be configured to demonstrate one or more aspects, configurations, and/or features of the object and can be configured with information associated with a profile of a customer, indicating the simulated person can correspond to an AI-driven avatar in the AI system in the AR/VR content and is trained on product information as data conceptually linked to the subject matter of the physical media item). Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine French and Keeler. The suggestion/motivation would have been to enhance a user’s perception of reality, as suggested by Keeler (see Keeler, para. [0134]).
Regarding claim 4, French in view of Keeler discloses the device of claim 3, wherein the AI-driven avatar is a constrained AI-based avatar, such that the data conceptually linked to the subject matter is restricted to a predefined set of verified source material (Keeler, para. [0103], disclosing the system can include an artificial intelligence (AI) system utilizing data stored in tables 1710-1740, FIG. 17, showing tables 1710-1740 with product and customer information, para. [0118], disclosing presenting items to the user/customer based on knowledge rules, para. [0159], disclosing the person can be an augmented and/or simulated reality substitute for a live person (e.g., an avatar of a person), the simulated person can be configured to demonstrate one or more aspects, configurations, and/or features of the object and can be configured with information associated with a profile of a customer, indicating the simulated person can correspond to an AI-driven avatar in the AI system in the AR/VR content and is trained on product information as data conceptually linked to the subject matter of the physical media item. Because the data is restricted to restricted to a predefined set of verified source material such as tables 1710-1740, the AI-driven avatar is a constrained AI-based avatar). Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine French and Keeler. The suggestion/motivation would have been to enhance a user’s perception of reality, as suggested by Keeler (see Keeler, para. [0134]).
Regarding claim 5, French in view of Keeler discloses the device of claim 1, wherein the processor is further configured to: authenticate the user via an authentication code included in the access code (French, col. 9, lines 38-39, disclosing taking a digital image of the object and scan it, lines 48-50, disclosing the object may include a code, such as a QRC code or a bar code, or an NFC sticker chip, col. 10, lines 2-6, disclosing recognizing any bar codes or NFC sticker that function as identifiable values and look for a match to those values in the data set of images stored in the object database), wherein the authentication code verifies that the user is authorized to access the content (French, col. 10, lines 6-20, disclosing once the subject system determines the scanned value match any of the saved values of an image file in the object database, the hidden link embedded in the saved digital image file can connect to the appropriate digital media content file, indicating the determination that the scanned value match any of the saved values can correspond to the authentication code verifying that the user is authorized to access the appropriate digital media content file as the content).
Regarding claim 6, French in view of Keeler discloses the device of claim 5, wherein the authentication code verifies that the user is authorized to access the content based on a location of the user, the subject matter of the physical media item, or a combination thereof (French, col. 10, lines 6-20, disclosing once the subject system determines the scanned value match any of the saved values of an image file in the object database, the hidden link embedded in the saved digital image file can connect to the appropriate digital media content file, indicating the determination that the scanned value match any of the saved values can correspond to the authentication code verifying that the user is authorized to access the appropriate digital media content file as the content is based on the subject matter of the physical media item because the scanned value is corresponding to authorizing the access of the hidden link to the appropriate digital media content file corresponding to the subject matter of the physical media item).
Regarding claim 8, French in view of Keeler discloses the device of claim 1, wherein the image of the physical media item comprises an image contained in the physical media item, text, or a combination thereof (French, col. 9, lines 38-39, disclosing taking a digital image of the object and scan it, lines 48-50, disclosing the object may include a code, such as a QRC code or a bar code, or an NFC sticker chip, col. 10, lines 2-6, disclosing recognizing any bar codes or NFC sticker that function as identifiable values and look for a match to those values in the data set of images stored in the object database, indicating the QRC code, bar code, or NFC sticker chip can correspond to an image contained in the object as the physical media item); and wherein the access code is identified based on one or more selected from the group consisting of: a correspondence of the image contained in the physical media item, a content of the text, an absolute placement of the text, and a relative placement of the text relative to the image contained in the physical media item (French, col. 9, lines 38-39, disclosing taking a digital image of the object and scan it, lines 48-50, disclosing the object may include a code, such as a QRC code or a bar code, or an NFC sticker chip, col. 10, lines 2-6, disclosing recognizing any bar codes or NFC sticker that function as identifiable values and look for a match to those values in the data set of images stored in the object database, indicating the QRC code, bar code, or NFC sticker chip can correspond to an image contained in the object as the physical media item and the QRC code, bar code, or NFC sticker chip having the identifiable value can correspond to the access code identified based on a correspondence of the QRC code, bar code, or NFC sticker chip image contained in the physical media item).
Regarding claim 9, it recites similar limitations of claim 1 but in a computer implemented method form. The rationale of claim 1 rejection is applied to reject claim 9.
Regarding claim 10, it recites similar limitations of claim 2 but in a computer implemented method form. The rationale of claim 2 rejection is applied to reject claim 10.
Regarding claim 11, it recites similar limitations of claim 3 but in a computer implemented method form. The rationale of claim 3 rejection is applied to reject claim 11.
Regarding claim 12, it recites similar limitations of claim 4 but in a computer implemented method form. The rationale of claim 4 rejection is applied to reject claim 12.
Regarding claim 13, it recites similar limitations of claim 5 but in a computer implemented method form. The rationale of claim 5 rejection is applied to reject claim 13.
Regarding claim 14, it recites similar limitations of claim 6 but in a computer implemented method form. The rationale of claim 6 rejection is applied to reject claim 14.
Regarding claim 16, it recites similar limitations of claim 8 but in a computer implemented method form. The rationale of claim 8 rejection is applied to reject claim 16.
Regarding claim 17, it recites similar limitations of claim 1 but in a non-transitory computer-readable medium form. The rationale of claim 1 rejection is applied to reject claim 17.
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over French in view of Keeler as applied to claim(s) 5 and 13 above, and further in view of US Patent Publication No. 20170155656 A1 to Kishi et al.
Regarding claim 7, French in view of Keeler discloses the device of claim 5. However, French or Keeler does not expressly disclose wherein the authentication code verifies that the user is authorized to access the content based on an identity of the user and a predefined list of authorized users.
On the other hand, Kishi discloses the authentication code verifies that the user is authorized to access the content based on an identity of the user and a predefined list of authorized users (Kishi, para. [0117], disclosing capturing the image of the object and acquiring the medium code from the medium code images included in the captured image, para. [0118], disclosing the medium code may include information for identifying a client, the client is a provide that provides a content managed by the content server, selecting and referring to the database corresponding to the client identification information included in the medium code and preventing false retrieval from a plurality of clients, indicating the medium code can correspond to the authentication code that verifies the client identified by the information included in the medium code therefore verifies that the client as the user is authorized to access the content based on the identity of the user, and the client or the plurality of clients can correspond to predefined list of authorized users).
Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine French in view of Keeler with Kishi. The suggestion/motivation would have been to prevent false retrieval from clients, as suggested by Kishi (see Kishi, para. [0118]).
Regarding claim 15, it recites similar limitations of claim 7 but in a computer implemented method form. The rationale of claim 7 rejection is applied to reject claim 15.
Conclusion
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/HAIXIA DU/Primary Examiner, Art Unit 2611