DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on XXXXXXXXXXXXXX has been entered.
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 .
Status of Claims
Claims X are canceled.
Claims X are new.
Claims 1-20 are pending and have been examined.
This action is in reply to the papers filed on 09/12/2024 (effective filing date 01/02/2015).
Information Disclosure Statement
No Information Disclosure Statement has been filed.
The information disclosure statement(s) submitted: xxxxxxxx, has/have been considered by the Examiner and made of record in the application file.
Amendment
The present Office Action is based upon the original patent application filed on xxx as modified by the amendment filed on xxx.
Reasons For Allowance
Prior-Art Rejection withdrawn
Claims xxx are allowed. The closest prior art (See PTO-892, Notice of References Cited) does not teach the claimed:
The invention teaches… and the prior-art teaches…, however, the prior-art does not teach…
The closest prior-art (xxx) teach the features as disclosed in Non-final Rejection (xxxx), however, these cited references do not teach and the prior-art does not teach at least the following combination of features and/or elements:
determining, at a second time after associating the information corresponding to the first loyalty card with the logged location, that a second user computing device is located within a specified distance of the logged location using a second positioning system of the second user computing device; in response to determining that the second user computing device is located within the specified distance of the logged location of the first user computing device at the first time of detecting: retrieving information corresponding to a second loyalty card, the second loyalty card being associated with the merchant and the second user computing device; and displaying, by the second user computing device, data describing the second loyalty card.
Claim Rejections - 35 USC §101 - Withdrawn
Per Applicant’s amendments and arguments and considering new guidance in the MPEP, the rejections are withdrawn. Specifically, in Applicant’s Remarks (dated 03/14/2017, pgs. 8-11), Applicant traverses the 35 USC §101 rejections arguing that the amended claims recite new limitations that are not abstract, amount to significantly more, are directed to a practical application, etc… For example, Applicant argues….
In support of their arguments, Applicant cites to the following recent Fed. Cir. court cases (i.e., Alice Corp. v. CLS Bank Int’l, SRI Int’l, Inc. v. Cisco Systems, Inc., Ultramercial, Inc. v. Hulu, LLC, Berkheimer, Core Wireless, McRO, Enfish, Bascom, DDR, etc…).
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.
Claims 1-20 are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter because the claimed invention is directed to an abstract idea without significantly more. These claims recite a method and system for utilizing near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof.
Claim 11 recites [a] method comprising: rendering, by at least one processor, on a screen of a computing device, a virtual reality game comprising at least one virtual structure associated with a user of a plurality of users; wherein the at least one virtual structure is associated with at least one status metric; wherein the at least one status metric is associated with the user; receiving, by the at least one processor, via the virtual reality game, at least one user active management input representing active management, within the virtual reality game, of at least one of: the at least one virtual structure or at least one virtual object associated with the at least one virtual structure; determining, by the at least one processor, at least one change to at least one status metric associated with the at least one virtual object based at least in part on the at least one user active management input; updating, by the at least one processor, at least one recommendation interface based at least in part on the at least one change to the at least one status metric, wherein the at least one recommendation interface comprises at least one portion of the virtual reality game configured to present at least one recommendation for at least one particular virtual object of a plurality of virtual objects in the virtual reality game based at least in part on a plurality of status metrics associated with the plurality of virtual objects and the plurality of users.
The claims are being rejected according to the 2019 Revised Patent Subject Matter Eligibility Guidance (Federal Register, Vol. 84, No. 5, p. 50-57 (Jan. 7, 2019)).
Step 1: Does the Claim Fall within a Statutory Category?
Yes. Claims 11-20 recite a method and, therefore, are directed to the statutory class of a process. Claims 1-10 recite a system/apparatus and, therefore, are directed to the statutory class of machine.
Step 2A, Prong One: Is a Judicial Exception Recited?
Yes. The following tables identify the specific limitations that recite an abstract idea. The column that identifies the additional elements will be relevant to the analysis in step 2A, prong two, and step 2B.
Claim 11: Identification of Abstract Idea and Additional Elements, using Broadest Reasonable Interpretation
Claim Limitation
Abstract Idea
Additional Element
11. A method comprising:
No additional elements are positively claimed.
rendering, by at least one processor, on a screen of a computing device, a virtual reality game comprising at least one virtual structure associated with a user of a plurality of users;
This limitation includes the step(s) of: rendering, by at least one processor, on a screen of a computing device, a virtual reality game comprising at least one virtual structure associated with a user of a plurality of users.
But for the processor and/or screen of a computing device, this limitation is directed to rendering a VR game in order to facilitate utilizing near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations), and/or
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
rendering, by at least one processor, on a screen of a computing device, a virtual reality game…
wherein the at least one virtual structure is associated with at least one status metric;
This limitation includes the step(s) of: wherein the at least one virtual structure is associated with at least one status metric.
No additional elements are positively claimed.
This limitation is directed to associating a virtual structure with a status metric in order to facilitate utilizing near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations), and/or
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
No additional elements are positively claimed.
wherein the at least one status metric is associated with the user;
This limitation includes the step(s) of: wherein the at least one status metric is associated with the user.
No additional elements are positively claimed.
This limitation is directed to associating a status metric with a user in order facilitate utilizing near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations), and/or
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
No additional elements are positively claimed.
receiving, by the at least one processor, via the virtual reality game, at least one user active management input representing active management, within the virtual reality game, of at least one of: the at least one virtual structure or at least one virtual object associated with the at least one virtual structure;
This limitation includes the step(s) of: receiving, by the at least one processor, via the virtual reality game, at least one user active management input representing active management, within the virtual reality game, of at least one of: the at least one virtual structure or at least one virtual object associated with the at least one virtual structure.
But for the processor, this limitation is directed to communicating known information (e.g., receiving at least one user active management input…) to facilitate utilizing near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations), and/or
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
receiving, by the at least one processor, via the virtual reality game, at least one user active management input…
determining, by the at least one processor, at least one change to at least one status metric associated with the at least one virtual object based at least in part on the at least one user active management input;
This limitation includes the step(s) of: determining, by the at least one processor, at least one change to at least one status metric associated with the at least one virtual object based at least in part on the at least one user active management input.
But for the processor, this limitation is directed to determining a change to a metric in order to facilitate utilizing near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations), and/or
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
determining, by the at least one processor, at least one change to at least one status metric…
updating, by the at least one processor, at least one recommendation interface based at least in part on the at least one change to the at least one status metric, wherein the at least one recommendation interface comprises at least one portion of the virtual reality game configured to present at least one recommendation for at least one particular virtual object of a plurality of virtual objects in the virtual reality game based at least in part on a plurality of status metrics associated with the plurality of virtual objects and the plurality of users.
This limitation includes the step(s) of: .
But for the processor and/or interface, this limitation is directed to communicating known information (e.g., updating … at least one recommendation interface based at least in part on the at least one change to the at least one status metric) in order to facilitate utilizing near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations), and/or
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
updating, by the at least one processor, at least one recommendation interface based at least in part on the at least one change to the at least one status metric…
As shown above, under Step 2A, Prong One, the claims recite a judicial exception (an abstract idea). The claims are directed to the abstract idea of utilizing near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof, which, pursuant to MPEP 2106.04, is aptly categorized as a mental process and/or a method of organizing human activity. Therefore, under Step 2A, Prong One, the claims recite a judicial exception.
Next, the aforementioned claims recite additional functional elements that are associated with the judicial exception, including: presenting or rendering content on an interface. Examiner understands these limitations to be insignificant extrasolution activity. (See Accenture, 728 F.3d 1336, 108 U.S.P.Q.2d 1173 (Fed. Cir. 2013), citing Cf. Diamond v. Diehr, 450 U.S. 175, 191-192 (1981) ("[I]nsignificant post-solution activity will not transform an unpatentable principle in to a patentable process.”).
The aforementioned claims also recite additional technical elements including: a “processor” and “computing device” to execute the method and system. These limitations are recited at a high level of generality and appear to be nothing more than generic computer components. Claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Alice Corp., 134 S. Ct. at 2358, 110 USPQ2d at 1983. See also 134 S. Ct. at 2389, 110 USPQ2d at 1984.
Step 2A, Prong Two: Is the Abstract Idea Integrated into a Practical Application?
No. The judicial exception is not integrated into a practical application. The additional elements listed above that relate to computing components are recited at a high level of generality (i.e., as generic components performing generic computer functions such as communicating, receiving, processing, analyzing, and outputting/displaying data) such that they amount to no more than mere instructions to apply the exception using generic computing components. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Additionally, the claims do not purport to improve the functioning of the computer itself. There is no technological problem that the claimed invention solves. Rather, the computer system is invoked merely as a tool. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore, these claims are directed to an abstract idea.
Furthermore, looking at the elements individually and in combination, under Step 2A, Prong Two, the claims as a whole do not integrate the judicial exception into a practical application because they fail to: improve the functioning of a computer or a technical field, apply the judicial exception in the treatment or prophylaxis of a disease, apply the judicial exception with a particular machine, effect a transformation or reduction of a particular article to a different state or thing, or apply the judicial exception beyond generally linking the use of the judicial exception to a particular technological environment. Rather, the claims merely use a computer as a tool to perform the abstract idea(s), and/or add insignificant extra-solution activity to the judicial exception, and/or generally link the use of the judicial exception to a particular technological environment.
Step 2B: Does the Claim Provide an Inventive Concept?
Next, under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, when considered both individually and as an ordered combination, do not amount to significantly more than the abstract idea. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. Simply put, as noted above, there is no indication that the combination of elements improves the functioning of a computer (or any other technology), and their collective functions merely provide conventional computer implementation. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements relating to computing components amount to no more than applying the exception using a generic computing components. Mere instructions to apply an exception using a generic computing component cannot provide an inventive concept. Furthermore, the broadest reasonable interpretation of the claimed computer components (i.e., additional elements) includes any generic computing components that are capable of being programmed to communicate, receive, send, process, analyze, output, or display data.
Additionally, pursuant to the requirement under Berkheimer, the following citations are provided to demonstrate that the additional elements, identified as extra-solution activity, amount to activities that are well-understood, routine, and conventional. See MPEP 2106.05(d).
Capturing an image (code) with an RFID reader. Ritter, US Patent No. 7734507 (Col. 3, Lines 56-67); “RFID: Riding on the Chip” by Pat Russo. Frozen Food Age. New York: Dec. 2003, vol. 52, Issue 5; page S22.
Receiving or transmitting data over a network. Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014).
Storing and retrieving information in memory. Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Outputting/Presenting data to a user. Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015); MPEP 2106.05(g)(3).
Using a machine learning model to determine user segment characteristics for an ad campaign. https://whites.agency/blog/how-to-use-machine-learning-for-customer-segmentation/.
Thus, taken alone and in combination, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea), and are ineligible under 35 USC 101.
Independent system claim 1 also contains the identified abstract ideas, with the additional elements of a processor and storage medium, which are a generic computer components, and thus not significantly more for the same reasons and rationale above.
Dependent claims 2-10 and 12-20 further describe the abstract idea. The additional elements of the dependent claims fail to integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea. Thus, as the dependent claims remain directed to a judicial exception, and as the additional elements of the claims do not amount to significantly more, the dependent claims are not patent eligible.
As such, the claims are not patent eligible.
Invention Could be Performed Manually
It is conceivable that the invention could be performed manually without the aid of machine and/or computer. For example, Applicant claims rendering a game, receiving input, determining a change to a metric, updating a recommendation, etc… Each of these features could be performed manually and/or with the aid of a simple generic computer to facilitate the transmission of data.
See also Leapfrog Enterprises, Inc. v. Fisher-Price, Inc., and In re Venner, which stand for the concept that automating manual activity and/or applying modern electronics to older mechanical devices to accomplish the same result is not sufficient to distinguish over the prior art. Here, applicant is merely claiming computers to facilitate and/or automate functions which used to be commonly performed by a human.
Leapfrog Enterprises, Inc. v. Fisher-Price, Inc., 485 F.3d 1157, 82 USPQ2d 1687 (Fed. Cir. 2007) "[a]pplying modern electronics to older mechanical devices has been commonplace in recent years…"). The combination is thus the adaptation of an old idea or invention using newer technology that is commonly available and understood in the art.
In In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958), the court held that broadly providing an automatic or mechanical means to replace manual activity which accomplished the same result is not sufficient to distinguish over the prior art. MPEP 2144.04, III Automating a Manual Activity.
MPEP 2144.04 III - Automating a Manual Activity and In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958) further stand for and provide motivation for using technology, hardware, computer, or server to automate a manual activity.
Therefore, the Office finds no improvements to another technology or field, no improvements to the function of the computer itself, and no meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Therefore, based on the two-part Alice Corp. analysis, there are no limitations in any of the claims that transform the exception (i.e., the abstract idea) into a patent eligible application.
Claim Rejections - Not an Ordered Combination
None of the limitations, considered as an ordered combination provide eligibility, because taken as a whole, the claims simply instruct the practitioner to implement the abstract idea with routine, conventional activity.
Claim Rejections - Preemption
Allowing the claims, as presently claimed, would preempt others from utilizing near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof. Furthermore, the claim language only recites the abstract idea of performing this method, there are no concrete steps articulating a particular way in which this idea is being implemented or describing how it is being performed.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over: Velazquez et al. 2008/0162261; in view of Short et al. 2012/0197653.
18/883,812 – Claim 1. Velazquez et al. 2008/0162261 teaches A system comprising: a non-transient memory, electronically storing particular computer executable program code; and at least one computer processor, when executing the particular computer executable program code (Velazquez et al. 2008/0162261 [0026-0027]), is at least configured to: render, on a screen of a computing device (Velazquez et al. 2008/0162261 [0034] Simulation data 126 may also include any information used to specify elements of a virtual environment to be generated. For example, simulation data 126 may include information related to a product being evaluated, the participant, the participant's home, etc. As shown, virtual reality tool 127 includes a simulation generator 130 and a virtual reality user interface 132. User interface 132 provides an interface to configure and use virtual reality tool 127, including allowing a simulation participant to interact with a virtual realty simulation generated using generator 130. [0036] FIG. 2 is a conceptual diagram further illustrating components of the virtual reality system first shown in FIG. 1, according to one embodiment of the invention. More specifically, FIG. 2 illustrates an exemplary collection of virtual reality display platforms 110, user interaction devices 112, and simulation data 126 used to generate and present a virtual reality simulation that includes a virtual home. Interaction devices 112 may allow a simulation participant to interact with elements of the virtual reality simulation. As shown, interaction devices 112 may include a voice activated system 205, motion sensing devices 207 worn by a user, e.g., a set of motion sensing gloves or goggles, a joystick device 209, a mouse and keyboard device 211, a touch screen device 213, or other user interface device 215. Of course, depending on how a virtual reality simulation is presented to a simulation participant, the particular input devices 112 may be tailored to suit the needs in an individual case.), a virtual reality game comprising at least one virtual structure associated with a user of a plurality of users (Velazquez et al. 2008/0162261 [0009 - virtual reality tools for including a virtual home, or other personalized virtual environment, in a virtual reality simulation] Embodiments of the invention provide virtual reality tools used to conduct market research and related activity, including a virtual reality tools for including a virtual home, or other personalized virtual environment, in a virtual reality simulation.); wherein the at least one virtual structure is associated with at least one status metric (Velazquez et al. 2008/0162261 [0024] The input data used to create a virtual reality simulation of that includes a virtual home may be obtained from a variety of sources. For example, simulation participants may provide information related to their home directly, including the provision of photographs, CAD drawings, architectural plans, etc., or a participant may interact with the virtual reality environment to create a personalized virtual home representative of their actual home. By including multiple simulation participants, large market research studies may be performed where the virtual reality simulation is personalized to reflect the actual living space of each participant. Alternatively, virtual homes may be generated based on a set of input parameters specifying aspects of a living space to simulate. Such input parameters include, for example, square footage, interior design choices, presence (or absence) of occupants, pets, etc, ambient sound, smells, lighting, etc. Another possible alternative includes generating virtual home environments based on feedback provided by consumers that describes their living spaces and experiences with a given product. Of course, embodiments of the invention do not require any particular methodology or techniques for generating the database of virtual homes.); wherein the at least one status metric is associated with the user (Velazquez et al. 2008/0162261 [0033] Illustratively, memory 128 of server system 120 includes reality tool 127. Virtual reality tool 127 may be a software application that allows users to generate and display a virtual reality simulation that includes a virtual home, where the simulation is configured using simulation data 126. For example, a simulation participant may provide information related to their living space and this information may be used to generate a personalized virtual reality simulation for that participant. In one embodiment, a participant may be provided with a graphical user interface allowing her to specify various aspects of her home to approximate the layout of her actual home. In such a case, the participant may specify, aspects of a living space generated as part of a simulation, such as home square footage, interior design choices, presence (or absence) of occupants, pets, etc, ambient sound, smells, lighting, among others.); receive, via the virtual reality game, at least one user active management input representing active management (Velazquez et al. 2008/0162261 [0051] At step 415, a virtual reality simulation may be generated based on the input data selected at steps 405 and 410. And at step 420, the virtual reality simulation generated at step 415 may be presented to the participant. Once "active" the researcher may interact with the product in the personalized virtual reality environment in any of the ways described above. Additionally, such a simulation may be stored and shared among different individuals collaborating on a product or packaging design.), within the virtual reality game, of at least one of: the at least one virtual structure or at least one virtual object associated with the at least one virtual structure (Velazquez et al. 2008/0162261 [0021] Embodiments of the invention include methods, apparatus and articles of manufacture for generating and using virtual reality simulations to conduct market research and related activities. In one embodiment, the simulation includes a personalized aspect with respect to a simulation participant. For example, the virtual reality simulations can include simulations of a virtual instance of the simulation participant's actual home or living space. By extending virtual reality simulations beyond a conventional simulation of a consumer purchase decision, aspects of product design such as product packaging, product storage and product use can be simulated and then evaluated more effectively and more thoroughly than is possible using present systems.); determine at least one change to at least one status metric associated with the at least one virtual object based at least in part on the at least one user active management input (Velazquez et al. 2008/0162261 [0044] In one embodiment, the presence of the products being evaluated in the virtual home may be added to the virtual reality simulation by taking photographs of the actual placement of a product in the home used by the participant, such as photographs of where a consumer placed the product in their home, (e.g., on a countertop or placed under a sink). Further, the use of such information may be dynamic, for example, a virtual reality simulation may be modified to, to simulate how a change in the product or product packing might change how a consumer or simulation participant might interact with the product in their home. [0049] At step 315, using the input data obtained at steps 305 and 310, a personalized virtual reality simulation is generated for the simulation participant. And at step 320, the virtual reality simulation generated at step 315 may be presented to the participant. Once "active" the participant may intact with the product in the personalized virtual reality environment in any of the ways described above. At step 325, while the participant interacts with the simulation, a market researcher, product designer, retailer, or manufacturer (among others) may observe the participant as she interacts with the virtual environment provided by the virtual reality simulation. Alternately, the participant's interactions may be monitored by the virtual reality display platform and stored for subsequent review. [0050] FIG. 4 is a flow chart illustrating a method 400 for generating a virtual reality simulation including a virtual home to use in product design and/or evaluation, according to one embodiment of the invention. In one embodiment, a market researcher, product designer, retailer, or manufacturer may perform the method 400 to create, view, and interact with a virtual reality simulation that simulates how a consumer may interact with a given product within a particular home environment. As shown, the method 400 begins at step 405 where a product to use in the virtual reality simulation is selected. In one embodiment, the product itself, as well as aspects of product packaging, design and parameters of product performance (e.g., scents or other multi-sensory elements of the product) may be specified. At step 410, properties of the living space for the virtual reality simulation may be specified. In the exemplary embodiments described above, living space properties may be obtained based on data provided by consumers about their actual homes, based on representative descriptions of living spaces for different market segments, or based on a database of home descriptions. [0051] At step 415, a virtual reality simulation may be generated based on the input data selected at steps 405 and 410. And at step 420, the virtual reality simulation generated at step 415 may be presented to the participant. Once "active" the researcher may interact with the product in the personalized virtual reality environment in any of the ways described above. Additionally, such a simulation may be stored and shared among different individuals collaborating on a product or packaging design.); update at least one recommendation interface based at least in part on the at least one change to the at least one status metric (Velazquez et al. 2008/0162261 [0034] Simulation data 126 may also include any information used to specify elements of a virtual environment to be generated. For example, simulation data 126 may include information related to a product being evaluated, the participant, the participant's home, etc. As shown, virtual reality tool 127 includes a simulation generator 130 and a virtual reality user interface 132. User interface 132 provides an interface to configure and use virtual reality tool 127, including allowing a simulation participant to interact with a virtual realty simulation generated using generator 130.), wherein the at least one recommendation interface comprises at least one portion of the virtual reality game configured to present at least one recommendation for at least one particular virtual object of a plurality of virtual objects in the virtual reality game based at least in part on a plurality of status metrics associated with the plurality of virtual objects and the plurality of users (Velazquez et al. 2008/0162261 [0052] As described herein, embodiments of the invention may be used to create virtual reality simulations used for market research and related activities, where the virtual reality simulations include simulations of a virtual home. By extending virtual reality simulations beyond a conventional simulation of a consumer purchase decision, aspects of product design such as product storage and product use can be simulated and then evaluated more effectively and more thoroughly than is possible using present systems. Advantageously, by generating a virtual reality simulation that includes personalized aspects, such as virtual home environments, representative of actual home environments, product designers and manufacturers may better optimize products and marketing approaches, without incurring the large expense of conducting "field-based" market research in many homes.).
Velazquez et al. 2008/0162261 may not expressly teach the “recommendation and status” features, however, Short et al. 2012/0197653 teaches these features as follows (Short et al. 2012/0197653 [0052 - As product or brand metrics change, the recommendation engine can update its recommendations or relationship metrics according] The recommendation engine can also be responsive to data entering or leaving the databases. As product or brand metrics change, the recommendation engine can update its recommendations or relationship metrics according, possibly in real-time. In such embodiments, the recommendation engine can also present recommendations or relationships as a function of time, which can be used as a leading indicator of a developing relationship. If a leading indictor satisfies triggering criteria, corrective actions, if desired, can be taken to enhance or hinder the growing relationship. [0009] The inventive subject matter provides apparatus, systems and methods in which products and brands are classified at a highly granular level. One aspect of the inventive technology includes a brand-product correlation engine capable of establishing possible relationships among brand-related metrics and product-related metrics. Correlation engines can include one or more databases including a brand database storing brand objects and a product database storing product objects. The brand objects and product objects can comprise one or more metrics, preferably normalized to a common namespace, via which brand objects can be compared to product objects. The correlation engine can further include a product interface through which a user can submit a target product, including target product properties. A normalization engine converts the target product's properties into target product metrics according to the normalized namespace rules. Preferably the correlation engine further comprises a recommendation engine capable of generating a recommended brand alignment with the target product. The recommendation engine can be configured to establish relationships among known product objects and brand objects based on their respective object metrics. The recommendation engine can use the relationships in combination with the target product metrics to derive one or more brand-product or product-brand alignments. The recommendation engine can further configure an output device, the product interface for example, to present the alignments.).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified Velazquez et al. 2008/0162261 to include the features as taught by Short et al. 2012/0197653. One of ordinary skill in the art would have been motivated to do so in order to better utilize near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof which should prove to improve user experience, maximize profits, and optimize revenue.
Claim 11, has similar limitations as of Claim(s) 1, therefore it is REJECTED under the same rationale as Claim(s) 1.
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over: Velazquez et al. 2008/0162261; in view of Short et al. 2012/0197653; in further view of Morin 2008/0071594.
18/883,812 – Claim 2. Velazquez et al. 2008/0162261 further teaches The system of claim 1, wherein the at least one computer processor, when executing the particular computer executable program code, is further configured to: automatically generate at least one placement priority value for at least one advertisement of the at least one product based at least in part on the at least one status metric; wherein the at least one placement priority value is configured to determine a priority of display of the at least one product in the at least one recommendation interface comprising at least one placement within the virtual reality game relative to at least one other product (Velazquez et al. 2008/0162261 [0023] In an alternative embodiment, a virtual reality system may be used to provide market researchers or product designers with virtual simulations of a product being used in a variety of consumer home environments. For example, a virtual reality system may have access to a database of multiple homes. The database of virtual homes may be used to provide rapid access to details of product placement, appearance, use and storage using a variety of typical (or atypical) virtual home scenarios. For example, a selection of virtual homes may cut across different aspects of a target market audience including simulations of product use within small urban apartments, large homes, dorm rooms, single family homes, and other living spaces. As used herein, the term or "home" and "virtual home" should be read to include these and other individual living spaces. The simulations of virtual homes may also be tailored to simulate virtual homes representative of different geographical or national regions. Doing so may allow a product designer or market researcher to overcome institutional or cultural biases when evaluating or developing a given product design. The database of virtual homes may be used to generate multiple simulations, used by market researchers, designers, etc., to assist in product marketing design, promotions, etc., and the simulations may be provided to various relevant parties, as needed, such as marketers packaging designers, retail customers, category developers, etc. [0030] In one embodiment, relevant individuals may access and view a simulation that includes a virtual home generated by server system 120 using client computer system 105 and a viewing application 107. For example, virtual reality tool 127 may be configured to generate a simulation that may be viewed over network 114 using viewing application 107. For example, viewing application 107 may be a web-browser configured to display multi-media content such as audio and video streams. Alternatively, relevant individuals may view and interact with a virtual reality simulation using a variety of virtual reality display platforms 110 and user interaction devices 112 communicating with server system 120. Examples of display platforms 110 and user interaction devices 112 are described below in conjunction with a description of FIG. 2. Additionally, the processing activity of server system 120 may be coordinated by an operating system (not shown). Well known examples of operating systems include the Windows.RTM. operating system, distributions of the Linux.RTM. operating system, among others. [0031] Database 109 may include a collection of one or more virtual home descriptions 111. The virtual home descriptions 111 may correspond to actual living spaces of simulation participants and/or may include a collection of virtual homes representative of different consumers, market segments, geographic locales, and the like. Thus, database 109 may be used to store virtual home descriptions 11 that represent a variety of local, national, or global market segments or demographics. Doing so allows market researches and retail sellers to gain information about how products may be used, stored, and displayed in the living spaces of a target market for a given project. As stated, the virtual homes descriptions 111 available in database 109 may be used to provide rapid access to details of product placement, appearance, use and storage using a variety of typical (or atypical) virtual home scenarios.).
Velazquez et al. 2008/0162261 may not expressly teach the “advertisement” features, however, Morin 2008/0071594 teaches these features as follows (Morin 2008/0071594 [Abstract - product placement opportunities are offered individually to specific advertisers, or auctioned off to interested advertisers] A method and system allowing producers of media content, for example movies, television shows, games, books, internet videos, and theater plays, to realize revenue by selling product placement opportunities to interested advertisers. These product placement opportunities are offered individually to specific advertisers, or auctioned off to interested advertisers. Advertisers are able to search for product placement opportunities to bid on, or producers of media content that contains product placement opportunities can invite advertisers to bid on their opportunities. A related computer system auctions product placement opportunities on a piece of media via a network connection such as the Internet, and product placement opportunities are bid on by advertisers. The producers of the product placement opportunities are producers of movies, games, books, or even short internet videos. Information from interested advertisers and media producers is uploaded into a database located on the computer system to be searched by users of the system, to maximize information flow and value to the users. Also provided is a method for gathering metric information on electronic media distributed across a network. This metric information can be gathered in detailed form, to better estimate the value of that electronic media to sponsors of that media, such as advertisers who purchase a product placement opportunity on future productions of that electronic media.). Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified Velazquez et al. 2008/0162261 to include the features as taught by Morin 2008/0071594. One of ordinary skill in the art would have been motivated to do so to better utilize near-field communications to select third party products/services for ordering from third party inventory management computer systems and method of use thereof which should prove to improve user experience, maximize profits, and optimize revenue.
Claim 12, has similar limitations as of Claim(s) 2, therefore it is REJECTED under the same rationale as Claim(s) 2.
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over: Velazquez et al. 2008/0162261; in view of Short et al. 2012/0197653; in further view of Zigmond et al. 2009/0299816.
18/883,812 – Claim 3. Velazquez et al. 2008/0162261 further teaches The system of claim 1, wherein the at least one computer processor, when executing the particular computer executable program code, is further configured to: automatically generate at least one placement priority value for at least one advertisement of the at least one product based at least in part on the at least one status metric (Velazquez et al.