DETAILED ACTION
This Office action is in response to remarks filed by Applicant on 1/30/2026. No amendments are presented.
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 .
Information Disclosure Statement PTO-1449
The Information Disclosure Statements submitted by applicant on 10/22/2025 and 3/16/2026 have been considered. The submission is in compliance with the provisions of 37 CFR § 1.97. Form PTO-1449 signed and attached hereto.
Response to Arguments
Applicant presents arguments with respect to independent claims 1 and 11. All argument have been fully considered.
Applicant argues that the primary reference, Yamaji, fails to disclose the recited “video game platform”. Examiner Responds: Applicant chooses the broad language “video game platform” and asserts in the remarks that such a platform should be “a service or ecosystem that provides gaming content, gaming credentials, gaming profiles, and game-related digital assets”. However, the plain meaning of a video game platform reasonably includes the disclosed video game console described in the primary reference. See Yamaji Figure 1, element 6 and ¶ 44. The generally accepted plain meaning of the term video game platform includes a video game console. Examiner assures Applicant that the import of each word included in each claim is recognized. However, regardless of how many times the term is repeated, it does not change the breadth of the term’s interpretation.
However, Applicant asserts a specific definition of the term video game platform (“a service or ecosystem that provides gaming content, gaming credentials, gaming profiles, and game-related digital assets”. See Remarks p. 7.), which the Examiner would apply if supported by Applicant’s disclosure. (The MEPE requires “[w]hen the specification states the meaning that a term in the claim is intended to have, the claim is examined using that meaning” (MPEP 2173.05(a), citing In re Zletz, 893 F.2d 319, 13 USPQ2d 1320 (Fed. Cir. 1989)). Upon close inspection of Applicant’s specification, the Examiner was unable to find any definition of a video game platform to support such a definition. Normally, the Examiner might suggest Applicant’s definition be simply inserted in the claims as a “wherein clause” and overcome the Yamaji reference, but given the definition’s lack of support in the specification, this would be precluded since it would amount to new matter.
Applicant analogizes various network configurations of common consoles and network services, asserting that the architecture of the Yamaji video game console does not make the console a platform with respect to the reference’s system. However, Applicant’s analogy with respect to the PlayStation the streams Netflix is irrelevant in this case. The Yamaji reference is being relied upon to teach “receiving user login credentials for a video game platform; authenticating the user login credentials with the video game platform; upon authentication, querying the video game platform for game-related images associated with a user's profile; receiving a user-selected game-related image from the queried game-related images”. That these specific functions are found in the reference’s game console, it is sufficient to support this portion of the rejection. Applicant’s assertion that the game console is somehow not a game platform is baseless. If Applicant’s invention operates functionally different from what is articulated in the claims, Applicant is encouraged to amend these limitations to overcome this reference.
To clarify how the references are applied, the Examiner relies on the primary reference, Yamaji, to teach conventional functionality of access control and user authentication to an electronic device for retrieval of stored user associated images, particularly to a system that conveniently happens to be a video game console that manages images. The secondary reference, Knock, was relied upon to teach the selection, transfer, and display of user images on a wearable article. A third reference, Davis, was relied upon to stipulate the functionality of receiving a unique article identifier and recording the association between the image and the article identifier. Finally, Barfield is introduced to teach that a display device can be integrated on a shoe, likely unnecessary because the sending an image to a wearable device was already taught by Knock. (Applicant’s argument that Barfield is not relevant because it lacks wireless communication, misses the narrow concept for which Barfield was used. The wireless communication capability between sender and receiving wearable article was relied upon the disclosure of Knock.).
Applicant argues that there is no teaching of the recited “game-related image”. Examiner Responds: The term “game-related image” is also much broader that what Applicant seems to intend. There is a great deal of ambiguity in it’s meaning. For example, game-related could refer to the type of image content (i.e. Zelda or Mario Brothers branded logos, characters, or scenes). Alternatively, and equally acceptable, game-related could refer to the image’s relation in terms of the source or the repository where it resides. These are just two possible interpretations of how the broad “game-related image” can be interpreted. To clarify, the Examiner relies on the later of these two interpretations in applying the Yamaji reference since the images in the system are definitively related to the game console even if only by virtue of having been in storage there. (If the definition were the former, (despite Applicant’s insistence of the importance) it is difficult to see how unspecified game content would have any impact on the functionality of the invention. As such, “game-related” would have little if any patentable weight in this circumstance. See MPEP 2111.05.). Further, in terms of establishing the prima facie case for the rejection, having established “game-related image” being taught in the primary reference, the subsequent references do not require to also teach the game-relation, since handling of digital images is sufficient in terms of the rejection.
Applicant’s invention is a combination of conventional access control, user authentication, image management, and image display on a wearable (footwear) device. The invention, as claimed, is simply recombining conventional technologies. Yamaji, Knock, and Davis manage authentication and images. Knock and Barfield, include displaying images on a wearable article of clothing. Davis and Knock both rely on an externally located image controller. The ubiquity and widely overlapping nature of the prior art places these references in the same field of invention and amount to readily available technology being employed in ways consistent with the claimed invention and not hindsight.
The Examiner suggests that Applicant consider qualifying terms such as “video game platform” and “game-related image” to articular exactly the nature and characteristics of these elements. Applicant’s arguments are unpersuasive.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1–3, 7–9, 11, 14, 16–17, 19 rejected under 35 U.S.C. 103 as being unpatentable over Yamaji (US 2010/0026706 A1, published Feb. 4, 2010) in view of Knock (US 2023/0004125 A1, published Jan. 5, 2023) in view of Davis (US 11,348,152 B1, issued May 31, 2022) in view of Barfield (US 2010/0223816 A1, published Sep. 9, 2010).
Regarding claim 1, Yamaji discloses: a method comprising: receiving user login credentials for a video game platform (user provides identifying information such as a user ID to the user terminal which is a video game console. Yamaji ¶¶ 44–45.); authenticating the user login credentials with the video game platform (users are authenticated using the user supplied credentials. Yamaji ¶ 45.); upon authentication, querying the video game platform for game-related images associated with a user's profile (upon authentication, from the video game console, users are able to select images that have been accumulated in association with the user identifying information at the storage site on the system. Yamaji ¶¶ 45 and 51.); receiving a user-selected game-related image from the queried game-related images (selected images from the accumulated images store are transfers to the user. Yamaji ¶¶ 45 and 51.).
Yamaji does not disclose: processing the user-selected game-related image for display on a display device integrated into or coupled with an article of footwear; establishing a communication link between a computing device and the display device; transmitting the processed game-related image to the display device; displaying the processed game-related image on the display device; receiving an article identifier from communication circuitry associated with the display device, wherein the article identifier is unique to the article of footwear; and recording an association between the game-related image and the article identifier.
However, Knock does disclose: processing the user-selected game-related image for display on a display device integrated into or coupled with an article [of footwear] (minting the watch face by transforming the watch face design into a format that is readable by a device with a watch screen. Knock ¶ 29.); establishing a communication link between a computing device and the display device (user interface and watch screen linked according to wireless architecture including pairing with short range Bluetooth connections. Knock ¶ 21.); transmitting the processed game-related image to the display device (transfer the image to the watch face to facilitate display. Knock ¶ 35.); displaying the processed game-related image on the display device (displaying the watch face on the watch screen. Knock ¶ 35.);
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with the selection, transfer and display of user images on a wearable article based upon the teachings of Knock. The motivation being to create customized display of user selected images on wearable articles. Knock ¶ 3.
Yamaji in view of Knock does not disclose: receiving an article identifier from communication circuitry associated with the display device, wherein the article identifier is unique to the article of footwear; and recording an association between the game-related image and the article identifier; the display device is footwear.
However, Davis does disclose: receiving an article identifier from communication circuitry associated with the display device, wherein the article identifier is unique to the article of [footwear] (scanning the embedded tag of the good, where embedded tags include identifying information about the good. Davis 9:16 and 9:58–59.); and recording an association between the game-related image and the article identifier (associating the particular NFT to the good. Davis 9:11–26.).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with receiving a unique article identifier and recording the association between the image and the article identifier based upon the teachings of Davis. The motivation being to link the particular NFT with the unique identity of the display device to verify the distribution. Davis 9:11–26.
Yamaji in view of Knock in view of Davis does not disclose: the display device is footwear.
However, Barfield does disclose: the display device is footwear (receiving visual content for display on a shoe mounted screen. Barfield ¶ 7.).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with a display device integrated on a shoe based upon the teachings of Barfield. The motivation being to allow users to freely customize or personalize footwear in order to remain enriched with the updated fashion trends and practices. Barfield ¶ 3.
Regarding claims 2 and 17, Yamaji in view of Knock in view of Davis in view of Barfield discloses the limitations of claims 1 and 11, respectively, wherein the game-related images comprise at least one of: a gamertag, an avatar image, an achievement image, a trophy image, or a game branding image (users accumulate images in association with the user identifying information at the storage site on the system. Yamaji ¶¶ 45 and 51. The specific content of electronically stored images does not hold patentable weight.).
Regarding claims 3 and 19, Yamaji in view of Knock in view of Davis in view of Barfield discloses the limitations of claims 1 and 11, respectively, wherein processing the user-selected game-related image comprises at least one of: scaling, cropping, converting to black and white, converting to monochrome, changing orientation, overlaying with a filter, or overlaying with a frame (image manipulation by the user on the game platform including rotation and color correction of the image. Yamaji ¶ 17.).
Regarding claims 7 and 14, Yamaji in view of Knock in view of Davis in view of Barfield discloses the limitations of claims 1 and 11, respectively, wherein establishing the communication link comprises bringing the computing device within a predefined proximity of a Near Field Communication (NFC) antenna integrated into the display or article of footwear (user interface and watch screen linked according to wireless architecture including pairing with short range Bluetooth connections. Knock ¶ 21. It is understood that wireless protocols are limited by proximity between the antenna and the device.).
Regarding claims 8 and 16, Yamaji in view of Knock in view of Davis in view of Barfield discloses the limitations of claims 1 and 11, respectively, further comprising verifying authenticity of the article of footwear using the received article identifier prior to transmitting the processed game-related image (using the device identifier to determine whether the user has ownership of the watch face. Knock ¶ 34.).
Regarding claim 9, Yamaji in view of Knock in view of Davis in view of Barfield discloses the limitations of claim 1, wherein recording the association between the game-related image and the article identifier comprises recording the association on a blockchain ledger (a transaction record including the location address of the minted NFT is stored on a blockchain. Knock ¶ 32.).
Regarding claim 11, Yamaji discloses: authenticate user login credentials with a video game platform (users are authenticated using the user supplied credentials. Yamaji ¶ 45.); query the video game platform for game-related images associated with a user's profile (upon authentication, from the video game console, users are able to select images that have been accumulated in association with the user identifying information at the storage site on the system. Yamaji ¶¶ 45 and 51.); receive a selection of a game-related image from the queried game-related images (selected images from the accumulated images store are transfers to the user. Yamaji ¶¶ 45 and 51.).
Yamaji does not disclose: a system comprising: an article of footwear including: an upper having an outward facing surface; a display device integrated into or coupled with at least a portion of the outward facing surface; communication circuitry in communication with the display device; a computing device comprising a processor and communication circuitry operative to wirelessly communicate with the communication circuitry of the article of footwear; process the selected game-related image for display on the display device; establish a communication link with the communication circuitry of the article of footwear; transmit the processed game-related image to the display device; receive an article identifier from the communication circuitry of the article of footwear, wherein the article identifier is unique to the article of footwear; and record an association between the game-related image and the article identifier.
However, Knock does disclose: a computing device comprising a processor and communication circuitry operative to wirelessly communicate with the communication circuitry of the article of footwear (user interface and watch screen linked according to wireless architecture including pairing with short range Bluetooth connections. Knock ¶ 21.); process the selected game-related image for display on the display device (minting the watch face by transforming the watch face design into a format that is readable by a device with a watch screen. Knock ¶ 29.); establish a communication link with the communication circuitry of the article of footwear (user interface and watch screen linked according to wireless architecture including pairing with short range Bluetooth connections. Knock ¶ 21.); transmit the processed game-related image to the display device (transfer the image to the watch face to facilitate display. Knock ¶ 35.).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with the selection, transfer and display of user images on a wearable article based upon the teachings of Knock. The motivation being to create customized display of user selected images on wearable articles. Knock ¶ 3.
Yamaji in view of Knock does not disclose: a system comprising: an article of footwear including: an upper having an outward facing surface; a display device integrated into or coupled with at least a portion of the outward facing surface; communication circuitry in communication with the display device; receive an article identifier from the communication circuitry of the article of footwear, wherein the article identifier is unique to the article of footwear; and record an association between the game-related image and the article identifier.
However, Davis does disclose: receive an article identifier from the communication circuitry of the article of footwear, wherein the article identifier is unique to the article of footwear (scanning the embedded tag of the good, where embedded tags include identifying information about the good. Davis 9:16 and 9:58–59.); and record an association between the game-related image and the article identifier (associating the particular NFT to the good. Davis 9:11–26.).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with receiving a unique article identifier and recording the association between the image and the article identifier based upon the teachings of Davis. The motivation being to link the particular NFT with the unique identity of the display device to verify the distribution. Davis 9:11–26.
Yamaji in view of Knock in view of Davis does not disclose: a system comprising: an article of footwear including: an upper having an outward facing surface; a display device integrated into or coupled with at least a portion of the outward facing surface; communication circuitry in communication with the display device.
However, Barfield does disclose: a system comprising: an article of footwear including: an upper having an outward facing surface (footwear with an upper member capable of receiving a foot of a user. Barfield Figure 1 and ¶ 19.); a display device integrated into or coupled with at least a portion of the outward facing surface (the display screen is mounted on a surface of the upper member. Barfield Figure 1 and ¶ 20.); communication circuitry in communication with the display device (the electrical interface enables the controller to receive visual content from a computer network. Barfield ¶ 24.).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with a display device integrated on a shoe based upon the teachings of Barfield. The motivation being to allow users to freely customize or personalize footwear in order to remain enriched with the updated fashion trends and practices. Barfield ¶ 3.
Claim 4 rejected under 35 U.S.C. 103 as being unpatentable over Yamaji in view of Knock in view of Davis in view of Barfield in view of Yilmaz (US 2012/0044190 A1, published Feb. 23, 2012).
Regarding claim 4, Yamaji in view of Knock in view of Davis in view of Barfield discloses the limitations of claim 1. Yamaji in view of Knock in view of Davis in view of Barfield does not disclose: wherein the display device comprises an electronic ink display.
However, Yilmaz does disclose: wherein the display device comprises an electronic ink display (electronic ink display. Yilmaz ¶ 18.).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with the digital display comprises an electronic ink display based upon the teachings of Yilmaz. The motivation being to display content designed to mimic the appearance of ordinary ink on paper and allowing the image to be changed later. Yilmaz ¶ 3.
Claims 5, 20 rejected under 35 U.S.C. 103 as being unpatentable over Yamaji in view of Knock in view of Davis in view of Barfield in view of Beers (US 2009/0272013 A1, published Nov. 5, 2009).
Regarding claims 5 and 20, Yamaji in view of Knock in view of Davis in view of Barfield discloses the limitations of claims 1 and 11, respectively, Yamaji in view of Knock in view of Davis in view of Barfield does not disclose: further comprising providing an inductive charge to the article of footwear via a Near Field Communication (NFC) antenna integrated into the article of footwear.
However, Beers does disclose: further comprising providing an inductive charge to the article of footwear via a Near Field Communication (NFC) antenna integrated into the article of footwear (inductive battery charging system for footwear electronics. Beers ¶ 84.).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with providing an inductive charge to the footwear via the antenna based upon the teachings of Beers. The motivation being to safely and effectively facilitate charging of the electronics because the typical use of footwear involved operation in various weather environment including wet conditions. Beers ¶ 84.
Claims 10, 18 rejected under 35 U.S.C. 103 as being unpatentable over Yamaji in view of Knock in view of Davis in view of Barfield in view of Nieto (US 11,487,850 B1, issued Nov. 1, 2022).
Regarding claims 10 and 18, Yamaji in view of Knock in view of Davis in view of Barfield discloses the limitations of claims 1 and 11, respectively, Yamaji in view of Knock in view of Davis in view of Barfield does not disclose: further comprising: receiving usage information related to the article of footwear while displaying the game-related image; generating metadata based on the received usage information; and recording the generated metadata in association with the game-related image.
However, Nieto does disclose: further comprising: receiving usage information related to the article of footwear while displaying the game-related image (non-fungible token (NFT) digital assets generated in the blockchain are associated with physical products and are used to track usage of the physical product such as data from sensors including a heart rate monitor and an accelerometer giving number of steps, number of calories burned, distance walked, distance ran, and jumping. Nieto 30:39–31:6.); generating metadata based on the received usage information; and recording the generated metadata in association with the game-related image (the tracked user activity associated with the digital asset correlates the user with the digital asset. Nieto 17:29–40.).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with receiving usage information of the wearable device while displaying the digital collectable and generated metadata for the digital collectable based upon the received information based upon the teachings of Nieto. The motivation being to use the digital token to collect data from the connected associated device. Nieto 17:29–40.
Claim 12 rejected under 35 U.S.C. 103 as being unpatentable over Yamaji in view of Knock in view of Davis in view of Barfield in view of Barnes (US 9,837,852 B1, issued Dec. 5, 2017).
Regarding claim 12, Yamaji in view of Knock in view of Davis in view of Barfield discloses the limitations of claim 11. Yamaji in view of Knock in view of Davis in view of Barfield does not disclose: wherein the display device comprises a layered display including: a first layer comprising a reflective electronic ink display; and a second layer comprising a transparent or semi-transparent emissive display overlaying the first layer.
However, Barnes does disclose: wherein the display device comprises a layered display including: a first layer comprising a reflective electronic ink display; and a second layer comprising a transparent or semi-transparent emissive display overlaying the first layer (layered display with a first layer of electronic ink and second layer of transparent emissive display overlaying the first layer. Barnes Figure 1 and 2:37–59.).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with display with layers including emissive display panels and reflective electronic ink display panels based upon the teachings of Barnes. The motivation being to produce a flexible low power display.
Claim 13 rejected under 35 U.S.C. 103 as being unpatentable over Yamaji in view of Knock in view of Davis in view of Barfield in view of Barnes in view of Garrett (US 9,341,917 B1, issued May 17, 2016).
Regarding claim 13, Yamaji in view of Knock in view of Davis in view of Barfield in view of Barnes discloses the limitations of claim 12. Yamaji in view of Knock in view of Davis in view of Barfield in view of Barnes does not disclose: wherein the processor is further configured to: control the first layer to display a static portion of the game-related image; and control the second layer to display dynamic visual effects related to the game-related image.
However, Garrett does disclose: wherein the processor is further configured to: control the first layer to display a static portion of the game-related image; and control the second layer to display dynamic visual effects related to the game-related image (text or images are static in the ink display while the luminescent above this layer emits visible light transmitted to the surface. Garrett 8:20–39.).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the user authentication for retrieval of stored user associated images on a video game platform as in Yamaji with using the ink display layer for static portions of an image and overlaying this layer for visual effects based upon the teachings of Garrett. The motivation being to manipulate a static image using low power.
Allowable Subject Matter
Claims 6 and 15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VANCE LITTLE whose telephone number is (571)270-0408. The examiner can normally be reached Monday - Friday 9:30am - 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jung (Jay) Kim can be reached at (571) 272-3804. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VANCE M LITTLE/Primary Examiner, Art Unit 2494
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