DETAILED ACTION
This communication is a Final Office Action rejection on the merits. Claims 1, 3-9, 11-16, 18-24, and 26-32 are currently pending and have been addressed below.
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 .
Response to Arguments
Applicant's arguments filed on 04/24/2026 (related to the 103 Rejection) have been fully considered but are moot in view of new grounds of rejection. Applicant's amendments necessitated the new ground(s) of rejection presented in this Office action. Rejection based on a newly cited reference(s) follows.
Applicant's arguments filed on 04/24/2026 (related to the 112(b) Rejection) have been fully considered and are persuasive. Examiner agrees that amended claims 3 and 18 now expressly define that "a successful product or service and an unsuccessful product or service are determined based on at least one metric selected from the group consisting of full price sales, gross margin, paid traffic, organic traffic, customer satisfaction score, customer lifetime value, conversion rate, cost per acquisition, and net promoter score." Therefore, the 112(b) rejection has been withdrawn.
Applicant's arguments filed on 04/24/2026 (related to the 101 Rejection) have been fully considered but are not persuasive.
Applicant states, on pages 3-6, that the amended claims are not directed to a mere mental process or a method of organizing human activity. No human being could, using mental steps alone, present products or services as visual media including 2D and 3D media, audio format, or haptic interfaces within a metaverse storefront; facilitate interactions between metaverse avatars, entities, products, and services by directing a user to a specific location in a virtual storefront; or collect opinion data through haptic interfaces and biometric inferences. These claimed steps are inherently rooted in computer and metaverse technology and have no analog in conventional human activity or mental processes.
Also, the collection of opinion data through haptic interfaces and biometric inferences within the metaverse storefront further contributes to the specific and unconventional analytical methodology. Rather than relying solely on explicit, self-reported consumer preferences, the amended claims capture implicit physiological and physical responses that may reveal consumer attitudes and preferences that the
consumer may not consciously articulate. The combination of explicit opinion data with implicit biometric and haptic data, collected in an immersive metaverse environment, constitutes a specific, unconventional approach to data collection that goes well beyond what was routine or conventional in the field. For at least these reasons, Applicant respectfully submits that the amended claims are patent eligible under 35 U.S.C. § 101. Withdrawal of this rejection is respectfully requested.
Examiner respectfully disagrees with Applicant. Claim 1 is considered to be an abstract idea because the claim limitations are directed to “certain methods of organizing human activity” which include “commercial or legal interactions.” In this case, the limitations of collecting opinion data of multiple products to perform an analysis is a marketing activity (see MPEP 2106.04(a)(2)). If a claim limitation, under its broadest reasonable interpretation, covers commercial or legal interactions, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The main functions of the additional elements recited in claim 1 are merely used for: collecting data (e.g. collecting opinion data about the at least two or more products or services based on the user's interactions) and analyzing the data (e.g. correlating the opinion data …, weighting the opinion data …, and generating a value score for the unreleased product or service based on the weighted opinion data…). Those are functions that the courts have described as merely indicating a field of use or technological environment in which to apply a judicial exception (see MPEP 2106.05(h)). At Step 2A, Prong 2, Examiner notes that the haptic interfaces and biometric inferences are considered “field of use” since they are just used for presenting and receiving information about the products or services (e.g., opinion data), but the technology is not improved (MPEP 2106.05h). At Step 2B, this is a conventional computer function of receiving or transmitting data over a network (MPEP 2106.05d). Also, the claim and specification lacked details as to how the haptic interfaces and biometric inferences performed the analysis (e.g., no description of how the additional elements capture implicit physiological and physical responses that may reveal consumer attitudes and preferences that the consumer may not consciously articulate), which is equivalent to the words "apply it" (MPEP 2106.05f).
Lastly, the claim fails to recite any improvements to another technology or technical field, improvements to the functioning of the computer itself, use of a particular machine, effecting a transformation or reduction of a particular article to a different state or thing, adding unconventional steps that confine the claim to a particular useful application, and/or meaningful limitations beyond generally linking the use of an abstract idea to a particular environment. See 84 Fed. Reg. 55. Viewed individually or as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Thus, the claim is not patent eligible.
Independent claim 16 recites similar features and therefore is rejected for the same reasons as independent claim 1. Claims 3-9, 11-15, 18-24, and 26-32 are rejected for having the same deficiencies as those set forth with respect to the claims that they depend from, independent claims 1 and 16.
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, 3-9, 11-16, 18-24, and 26-32 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without reciting significantly more.
Independent Claim 1
Step One - First, pursuant to step 1 in the January 2019 Revised Patent Subject Matter Eligibility Guidance (“2019 PEG”) on 84 Fed. Reg. 53, the claim 1 is directed to a method which is a statutory category.
Step 2A, Prong One - Claim 1 recites: A method of collecting consumer market research data, comprising: presenting a user with at least two or more products or services, including at least one previously released product or service and at least one unreleased product or service, while the user is visiting a storefront; facilitating interactions between avatars, entities, products, and services by directing the user to a specific location in the storefront to provide opinion data about the at least two products or services; collecting opinion data about the at least two or more products or services in the storefront based on the user's interactions with the metaverse avatars, entities, products, and services, wherein the opinion data includes a first user rating based on which, if any, of the at least two or more products or services the user would put in a virtual storefront for sale, and a second user rating based on perceived monetary value; correlating the opinion data of the previously released product or service to a commercial success value of the previously released product or service; weighting the opinion data of the unreleased product or service based on the correlation; generating a value score for the unreleased product or service based on the weighted opinion data, wherein the value score serves as a predictive indicator of commercial potential of the unreleased product or service. These claim elements are considered to be abstract ideas because they are directed to “certain methods of organizing human activity” which include “commercial or legal interactions.” In this case, the limitations of collecting opinion data of multiple products to perform a market research analysis is a marketing activity. If a claim limitation, under its broadest reasonable interpretation, covers commercial or legal interactions, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A Prong 2 - The judicial exception is not integrated into a practical application. Claim 1 includes additional elements: a metaverse; visual media including 2D and 3D media, audio format, or haptic interfaces; and biometric inferences.
The metaverse is merely used to collect consumer feedback in a virtual environment (Paragraphs 0004-0007). The visual media is merely used to present the at least two products to the user (Paragraph 0104). The biometric is merely used to collect biometric data such as eye position and bodily movements, wherein the collected data is used to create biometrically inferred data sets (Paragraph 0034). Merely stating that the step is performed by a computer component results in “apply it” on a computer (MPEP 2106.05f). These elements of “metaverse,” “visual media,” and “biometric” are recited at a high level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer element. Also, those elements are considered “field of use” since they’re just used to receive product or service opinion data for an analysis, but the technology is not improved (MPEP 2106.05h). Accordingly, alone and in combination, these 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, the claim is directed to an abstract idea.
Step 2B - The claim does not include additional elements that are sufficient to amount significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the claims describe how to generally “apply” the concept of collecting opinion data for at least two or more products or services. The specification shows that the metaverse is merely used to collect consumer feedback in a virtual environment (Paragraphs 0004-0007). The visual media is merely used to present the at least two products to the user (Paragraph 0104). The biometric is merely used to collect biometric data such as eye position and bodily movements, wherein the collected data is used to create biometrically inferred data sets (Paragraph 0034). Also, the step of “collecting opinion data” is considered a well-understood, routing, and conventional function since it's just “receiving or transmitting data over a network” (MPEP 2106.05(d)). Thus, nothing in the claim adds significantly more to the abstract idea. The claim is ineligible.
Independent claim 16 is directed to a system at step 1, which is a statutory category. Claim 16 recites similar limitations as claim 1 and is rejected for the same reasons at step 2a, prong one; step 2a, prong 2; and step 2b. Claim 16 further recites: a non-transitory computer-readable tangible storage device; a processor, and a computer readable memory – which are treated as just an explicit “processor/computer” for storing and executing the operations and are treated under MPEP 2106.05f in the same manner as claim 1. Accordingly, these limitations are viewed as “apply it on a computer” at step 2a, prong 2 and step 2b. Thus, the claim is ineligible.
Dependent claims 2-8, 11, 13-15, 17-23, 26, and 28-30 are not directed to any additional claim elements. Rather, these claims offer further descriptive limitations of the abstract idea mentioned above - such as: wherein the previously released product or service comprises a successful product or service and an unsuccessful product or service; wherein performing analysis on the opinion data comprises, weighting the opinion data of the unreleased product or service; collecting personal data about the user; and collecting data about the digital identity of the user; using the personal data about the user to analyze the opinion data of the at least two products or services according to users within a subset of the opinion data; wherein the personal data comprises age, demographic, behavioral, gender, and location data; wherein collecting opinion data about the at least two or more products or services in the storefront comprises, rating the at least two or more products or services on a scale, indicating the at least two or more products or services the user would put in a virtual storefront, indicating a perceived monetary value of the at least two or more products or services, or any combination thereof; wherein the at least two products or services comprise products or services existing only in the metaverse; wherein the at least two products or services comprise products or services existing in the real word; wherein the at least two products or services comprise products or services existing in both the metaverse and the real world. These processes are similar to the abstract idea noted in the independent claim because they further the limitations of the independent claim which are directed to “certain methods of organizing human activity” which include “commercial or legal interactions.” In addition, there are no additional elements to consider at Step 2A Prong 2 and Step 2B. Therefore, the claims still recite an abstract idea that can be grouped into certain methods of organizing human activity.
Dependent claims 9 and 24 are not directed to any additional claim elements. Rather, these claims offer further descriptive functions of elements found in the independent claims and addressed above - such as: wherein the at least two products or services are presented to the user as visual media including 2D and 3D media, audio format, haptic interfaces or any combination thereof. Merely stating that the step is performed by a computer component results in “apply it” on a computer (MPEP 2106.05f) being applicable at both Step 2A, Prong 2 and Step 2B. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, nothing in the claim adds significantly more to the abstract idea. The claim is ineligible.
Dependent claims 12 and 27 are not directed to any additional claim elements. Rather, these claims offer further descriptive functions of elements found in the independent claims and addressed above - such as to: create a storefront in the metaverse; make the storefront available to the user; and populate the at least two or more products or services in the storefront. In this case, the claim fails to recite details of how the store is created (MPEP 2106.05f, idea of a solution or outcome). Merely stating that the step is performed by a computer component results in “apply it” on a computer (MPEP 2106.05f) being applicable at both Step 2A, Prong 2 and Step 2B. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, nothing in the claim adds significantly more to the abstract idea. The claim is ineligible.
Dependent claims 31-32 are directed to an additional element such as: a blockchain. The blockchain is merely used to collect data regarding the user's digital identity such as, all NFTs owned, digital asset balances, transaction prices, time of transactions, and any other pertinent information that may be found within the public blockchain, smart contract, sidechains, private blockchains, or other databases (Paragraph 0032). Merely stating that the step is performed by a computer component (e.g., blockchain) results in “apply it” on a computer (MPEP 2106.05f) being applicable at both Step 2A, Prong 2 and Step 2B. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, nothing in the claim adds significantly more to the abstract idea. The claim is not patent eligible.
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.
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.
Claims 1, 3-9, 11-16, 18-24, and 26-32 are rejected under 35 U.S.C. 103 as being unpatentable over McKenzie (US 2024/0296184 A1), in view of Carder et al. (US 2025/0315881 A1), in further view of Cherusseri et al. (US 2014/0095231 A1).
Regarding claim 1 (Currently Amended), McKenzie discloses a method of collecting consumer market research data in a metaverse, comprising (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a work of art, a piece of music, a song, audio content, video content, an advertisement, text, a live performance, a sporting event, a sports broadcast, a player, a user, a television broadcast, a webcast, a podcast, a comedy skit, a speech, a movie, a picture, an image, a physical product, a virtual product, a non-fungible token (NFT), an item, a website, a design, a social media post, an article, a meme, a game, a book, a product demonstration, a prototype, a dating profile, a social media profile, media content, an instrument, multimedia content, a person, an animal, a plant, and/or any other type of content; Paragraph 0135, In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content):
presenting a user with at least two or more products or services as visual media including 2D and 3D media, audio format, or haptic interfaces (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content; Paragraph 0152, Also shown in FIG. 7 is the user interface 749. In some embodiments, the user interface 749 may include one or more output devices, such as a display and/or a speaker, for presenting information to the user 745. In some embodiments, the user interface 749 may include one or more input devices, such as one or more buttons, keys, dials, levers, directional pads, joysticks, accelerometers, controllers, microphones, touchpads, touchscreens, haptic interfaces, microphones, scanners, motion detectors, cameras, biometric scanners, and/or the like for receiving information from the user 745; It can be noted that the claim language is written in alternative form. The limitation taught by McKenzie is based on “haptic interfaces"), including at least one previously released product or service and at least one unreleased product or service, while the user is visiting a … in the metaverse (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content; Examiner interprets the prototype as the unreleased product);
facilitating interactions between metaverse avatars, entities, products, and services … to provide opinion data about the at least two products or services (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content; Paragraph 0040, The first user may also select target demographics, locations groups of recipients, and/or specific audiences that are to review the content. In some embodiments, the first user may choose to make the content available to and/or collect feedback from the general public, a random group of recipients, and/or the like. The first user may create a feedback collection session that is open to users only in a certain location (e.g., within a predetermined distance of a reference point, device, GPS coordinates, and/or the like, within a predetermined boundary, within a predetermined country and/or group of countries, within a predetermined city and/or group of cities, within a predetermined room, facility, building, lot, stage, and/or studio, and/or the like);
collecting opinion data about the at least two or more products or services in the … in the metaverse based on the user's interactions with the metaverse avatars, entities, products, and services using haptic interfaces and biometric inferences (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content; Paragraph 0094, In some embodiments, the system may be configured, using a user device, to track a second user's facial, vocal, and/or bodily expressions, movements, and/or other biometric readings. For example, a microphone of the user device may detect and/or receive voice commands, spoken words, and/or the like produced by the second user, such as “wow, the guitar sounds great!” or “I do not like this chorus.” The system may also utilize a camera to track facial movements, facial gestures, hand movements, body movements, eye movements, mouth movements, and/or the like. The system may further be enabled, using a sensor, to obtain a user's heart rate data. By tracking these movements (e.g., blinking, moving one's eyes, a nostril flare, pupil dilation, a frown, a smile, and/or the like), the system may be enabled to identify various human responses to content that the user may not manually input and/or even be aware of. For example, the system may detect a facial movement where a second user's eyebrows raise and lips curl upward. Based on detecting these movements, the system may determine that the user smiled and thus reacted positively to the content at a particular point in time. Vocal, facial, body, biometric, and/or emotional responses may be classified as positive, negative, and/or neutral by the system and/or be used for weighting various other values; Paragraph 0152, Also shown in FIG. 7 is the user interface 749. In some embodiments, the user interface 749 may include one or more output devices, such as a display and/or a speaker, for presenting information to the user 745. In some embodiments, the user interface 749 may include one or more input devices, such as one or more buttons, keys, dials, levers, directional pads, joysticks, accelerometers, controllers, microphones, touchpads, touchscreens, haptic interfaces, microphones, scanners, motion detectors, cameras, biometric scanners, and/or the like for receiving information from the user 745; Examiner interprets the “virtual product” and “prototype” as the “two or more products”), wherein the opinion data includes a first user rating based on which, if any, of the at least two or more products or services the user would put in a virtual … for sale (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0099, Through analysis of the inputs, the system may be configured to generate a wide variety of metrics associated with the content and/or an audience's opinions of the content. For example, the system may compile multiple users' inputs to produce an overall rating score of content, an average color of an image, a ranked order of rating criterion, a graph of the popularity of responses and/or purchases, an average emotion or emoticon to be associated with the content and/or a specific rating criterion, and/or another metric for an audience as a whole and/or a specific rating criterion. As another example, the system may generate a graph illustrating in time when specific instruments and/or elements of the content are liked and/or disliked, when a user interacted with content, when a made purchases, when a user performed any action and/or responded in any way to content, and/or the like. In this way, the present invention may enable the first user to better understand the preferences of second users (e.g., audience members) who reviewed the content), and a second user rating based on perceived monetary value (Paragraph 0023, The rating score may serve as a numerical benchmark for overall quality, an indicator of an emotional response to the content, popularity of various elements of the content, a comparison of multiple content items, and/or other metrics. As mentioned above, one or more individual elements of the content and/or one or more users may also receive rating scores in addition and/or alternatively to an overall rating score; Paragraph 0119, The height (e.g., amplitude) of each bar in the graph 1066 may correspond to a weight value and/or how much an instrument is liked and/or disliked, a dollar value of a purchase, a number of occurrences of a particular response and/or response type, and/or the like);
correlating the opinion data of the previously released product or service to a commercial success value of the previously released product or service (Paragraph 0105, The system may also identify which aspects of the content are critical to its overall rating score based on an analysis of user input. The system may also analyze received information and/or inputs to project a probability of commercial success of the content in various demographics, locations, times of year, and/or the like);
weighting the opinion data of the unreleased product or service based on the correlation; generating a value score for the unreleased product or service based on the weighted opinion data, wherein the value score serves as a predictive indicator of commercial potential of the unreleased product or service (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0093, election of a thumbs-up and/or thumbs-down button, an instrument, element, and/or rating criterion, an option on the pop-up menu 1048, and/or any other input may be assigned a numerical value. This numerical value may be positive, negative, weighted, and/or neutral. The numerical value may be inputted into an algorithm that generates an overall score for the content, a specific rating criterion, and/or the like; Paragraph 0105, The system may also identify which aspects of the content are critical to its overall rating score based on an analysis of user input. The system may also analyze received information and/or inputs to project a probability of commercial success of the content in various demographics, locations, times of year, and/or the like; Paragraph 0123, In some embodiments, the first user may be enabled to configure rating criteria by weighting each rating criterion individually. By weighting one or more rating criteria, the first user may tailor the system-generated overall score to be more relevant to the first user's needs. In response, the system may assign numerical values to user input, content, and/or the like when the same in accordance with the user-specified weights).
Although McKenzie discloses presenting a user with at least two or more products or services while the user is [interacting with content] in the metaverse (Paragraph 0135), McKenzie does not specifically disclose wherein the user is visiting a storefront in the metaverse.
However, Calder et al. discloses presenting a user with at least two or more products or services as visual media including 2D and 3D media, audio format, or haptic interfaces, including at least one previously released product or service and at least one unreleased product or service, while the user is visiting a storefront in the metaverse (Paragraph 0069, In some embodiments, device metadata 19 includes information associated with the user device 10 or a user of user device 10. The information associated with the user device 10 may include OS, device capacity (e.g. memory, processor speed), input and output subsystem or peripheral devices (e.g. touch screen, screen resolution, camera resolution, video camera, haptic displays, haptic input, augmented reality glasses, virtual reality headsets), or the like; Paragraph 0127, In some embodiments, the interaction experience, accessed by experience link 314, is a retail experience comprising several ways a guest (e.g. customer, potential customer) can experience an item. The guest experiences a point of view defined by the affiliate. In addition to providing a storefront, product information, and/or one or more affordances to purchase an item, a retail experience may include other ways in which guests interact and interface with an item such as, those occurring in a retail experience, in a hybrid experience, or outside a retail experience include demos, product testing, product placement, test drives, tastings, feeling or trying on apparel or product, recommendations and answers from other consumers, unboxing videos and the like. These retail experiences may occur in physical retail settings, virtual reality, online retail, the metaverse, hybrid retail, and or other contexts such as a friend's kitchen, a yoga studio, a third-party website or video, and the like. A specialized retail experience may be integrated within a larger retail context, a retail context, a social network context, or may be provided as a stand-alone experience; Examiner interprets the product testing as the unreleased product);
facilitating interactions between metaverse avatars, entities, products, and services by directing the user to a specific location in the storefront to provide opinion data about the at least two products or services (Paragraph 0127, In some embodiments, the interaction experience, accessed by experience link 314, is a retail experience comprising several ways a guest (e.g. customer, potential customer) can experience an item. The guest experiences a point of view defined by the affiliate. In addition to providing a storefront, product information, and/or one or more affordances to purchase an item, a retail experience may include other ways in which guests interact and interface with an item such as, those occurring in a retail experience, in a hybrid experience, or outside a retail experience include demos, product testing, product placement, test drives, tastings, feeling or trying on apparel or product, recommendations and answers from other consumers, unboxing videos and the like. These retail experiences may occur in physical retail settings, virtual reality, online retail, the metaverse, hybrid retail, and or other contexts such as a friend's kitchen, a yoga studio, a third-party website or video, and the like. A specialized retail experience may be integrated within a larger retail context, a retail context, a social network context, or may be provided as a stand-alone experience; Examiner interprets “accessing the interaction experience by a link” as “directing the user to a specific location in the storefront.” Further, Examiner notes that product testing includes feedback/opinion of the product);
collecting opinion data about the at least two or more products or services in the storefront in the metaverse based on the user's interactions with the metaverse avatars, entities, products, and services (Paragraph 0127, In some embodiments, the interaction experience, accessed by experience link 314, is a retail experience comprising several ways a guest (e.g. customer, potential customer) can experience an item. The guest experiences a point of view defined by the affiliate. In addition to providing a storefront, product information, and/or one or more affordances to purchase an item, a retail experience may include other ways in which guests interact and interface with an item such as, those occurring in a retail experience, in a hybrid experience, or outside a retail experience include demos, product testing, product placement, test drives, tastings, feeling or trying on apparel or product, recommendations and answers from other consumers, unboxing videos and the like. These retail experiences may occur in physical retail settings, virtual reality, online retail, the metaverse, hybrid retail, and or other contexts such as a friend's kitchen, a yoga studio, a third-party website or video, and the like. A specialized retail experience may be integrated within a larger retail context, a retail context, a social network context, or may be provided as a stand-alone experience; Examiner interprets the “feedback/opinion provided during product testing” as the “opinion data”) using haptic interfaces and biometric inferences (Paragraph 0090, In an embodiment, the user device in the system further comprises one or more of a biometric sensor, physiological sensor, a room sensor, microphone, still camera, video camera, body-based sensor, smart mat based sensor, smart weight based, smart bike based sensor, smart glove based sensor, garment based sensor, smart footwear based sensor, augmented reality headset, virtual reality headset, metaverse headset, a mixed reality device, a virtual reality device, an augmented reality device; Paragraph 0107, Examples of the peripheral input device 55 include different types of input devices like controllers and sensors and examples of the peripheral output device 56 include output devices like display and annunciators as found in: a smart phone, a tablet, a computer, a smart mirror, a wearable device (e.g. smart clothing, smart watch, smart jewelry, myographic band), a haptic interface (e.g. haptic display, haptic glove, haptic footwear), a connected device (e.g. a yoga mat, a vehicle, cardiovascular exercise equipment, isometric or isotonic exercise equipment), a smart audiovisual system (e.g. smart speaker, lighting system), a wearable sensor (e.g. breathing monitor, blood glucose monitor, EEG, myographic band, heart rate monitor, blood oxygen monitor), an interface for processor generated experiences (e.g. headset, goggles, gloves, controllers for artificial neural networks, augmented, augmented or virtual reality), or the like), wherein the opinion data includes a first user rating based on which, if any, of the at least two or more products or services the user would put in a virtual storefront for sale (Paragraph 0127, In some embodiments, the interaction experience, accessed by experience link 314, is a retail experience comprising several ways a guest (e.g. customer, potential customer) can experience an item. The guest experiences a point of view defined by the affiliate. In addition to providing a storefront, product information, and/or one or more affordances to purchase an item, a retail experience may include other ways in which guests interact and interface with an item such as, those occurring in a retail experience, in a hybrid experience, or outside a retail experience include demos, product testing, product placement, test drives, tastings, feeling or trying on apparel or product, recommendations and answers from other consumers, unboxing videos and the like. These retail experiences may occur in physical retail settings, virtual reality, online retail, the metaverse, hybrid retail, and or other contexts such as a friend's kitchen, a yoga studio, a third-party website or video, and the like. A specialized retail experience may be integrated within a larger retail context, a retail context, a social network context, or may be provided as a stand-alone experience; Paragraph 0183, In some embodiments, the instance of the interaction experience changes with a change in state. At 908, the controller receives an interaction by a user with the first instance of the interaction experience. The interaction may change the state for the interaction experience. For example, the user may have subscribed to a service or purchased an item. They may have left a review for an item or interacted with community members on a social network, e.g. message, post; Examiner notes that product testing includes feedback/opinion of the product), …
It would have been obvious to one ordinary skill in the art before the effective filing date to modify the method of collecting consumer market research data in a metaverse (e.g., feedback of a product), wherein the products are presented to a user in the metaverse of the invention of McKenzie to further specify wherein the products are presented to the user while the user is visiting a storefront in the metaverse of the invention of Calder et al. because doing so would allow the method to provide a storefront in which guests interact and interface with an item (see Calder et al., Paragraph 0127). Further, the claimed invention is merely a combination of old elements, and in combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Although McKenzie discloses weighting the opinion data of the unreleased product or service, the combination of McKenzie and Calder et al. does not specifically disclose wherein the weighting is according to correlation of the opinion data for the previously released product or service to a commercial success value of the previously released product or service.
However, Cherusseri et al. discloses correlating the opinion data of the previously released product or service to a commercial success value of the previously released product or service; weighting the opinion data of the unreleased product or service based on the correlation (Paragraph 0105, In an example, sale of a product is analyzed using the sales analytical model. In the analyzed data, if an increase or a decrease in the sale is observed for a product in the analyzed data, one or more correlations may be identified between the increase or the decrease in the sale and one or more of the following: [0106] the influencers, for example, discounts during the festive season, or new product; [0107] the external intelligence data, for example, sentimental index for the product on blogs or surveys, or GDP, or census; [0108] the customer details, for example, number of kids or senior citizens in the family, or earnings, particular likings; [0109] the store related details, for example, number of products in the inventory, number of stores available to the customers, location of products in the store. Further, by leveraging the associated weightage factors on the analyzed data, the contribution of each individual identified correlation to the increase or the decrease in the sale can be estimated or determined. It may be understood that the above examples of correlations are mentioned only for the purpose of the description herein, and other examples of correlations are also possible).
It would have been obvious to one ordinary skill in the art before the effective filing date to modify the method of collecting consumer market research data in a metaverse (e.g., feedback of a product), wherein the products are presented to a user in the metaverse of the invention of McKenzie and Calder et al. to further specify wherein the feedback data is weighted according a to correlation of the opinion data for the previously released product or service to a commercial success value of the previously released product or service of the invention of Cherusseri et al. because doing so would allow the method to identify contribution of each individual to the increase or the decrease in the sale (see Cherusseri et al., Paragraph 0107). Further, the claimed invention is merely a combination of old elements, and in combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 16 (Currently Amended), McKenzie discloses a computer system for collecting consumer market research data in a metaverse (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a work of art, a piece of music, a song, audio content, video content, an advertisement, text, a live performance, a sporting event, a sports broadcast, a player, a user, a television broadcast, a webcast, a podcast, a comedy skit, a speech, a movie, a picture, an image, a physical product, a virtual product, a non-fungible token (NFT), an item, a website, a design, a social media post, an article, a meme, a game, a book, a product demonstration, a prototype, a dating profile, a social media profile, media content, an instrument, multimedia content, a person, an animal, a plant, and/or any other type of content; Paragraph 0135, In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content), the computer system comprising at least one or more non-transitory computer-readable tangible storage devices, one or more processors, one or more computer readable memories, and program instructions stored on the at least one or more non-transitory computer-readable tangible storage devices for execution by at least one of the one or more processors by at least one of the one or more computer-readable memories, the program instructions comprising (see Figure 7 and related text in Paragraph 0166, The one or more computer-executable program code portions may be stored in a transitory and/or non-transitory computer-readable medium (e.g., a memory) that can direct, instruct, and/or cause a computer and/or other programmable data processing apparatus and/or system to function in a particular manner, such that the computer-executable program code portions stored in the computer-readable medium produce an article of manufacture including instruction mechanisms which implement the steps and/or functions specified in the figures and/or description):
program instructions to present a user with at least two or more products or services as visual media including 2D and 3D media, audio format, or haptic interfaces (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content; Paragraph 0152, Also shown in FIG. 7 is the user interface 749. In some embodiments, the user interface 749 may include one or more output devices, such as a display and/or a speaker, for presenting information to the user 745. In some embodiments, the user interface 749 may include one or more input devices, such as one or more buttons, keys, dials, levers, directional pads, joysticks, accelerometers, controllers, microphones, touchpads, touchscreens, haptic interfaces, microphones, scanners, motion detectors, cameras, biometric scanners, and/or the like for receiving information from the user 745; It can be noted that the claim language is written in alternative form. The limitation taught by McKenzie is based on “haptic interfaces"), including at least one previously released product or service and at least one unreleased product or service, while the user is visiting a … in the metaverse (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content; Examiner interprets the prototype as the unreleased product);
program instructions to facilitate interactions between metaverse avatars, entities, products, and services … to provide opinion data about the at least two products or services (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content; Paragraph 0040, The first user may also select target demographics, locations groups of recipients, and/or specific audiences that are to review the content. In some embodiments, the first user may choose to make the content available to and/or collect feedback from the general public, a random group of recipients, and/or the like. The first user may create a feedback collection session that is open to users only in a certain location (e.g., within a predetermined distance of a reference point, device, GPS coordinates, and/or the like, within a predetermined boundary, within a predetermined country and/or group of countries, within a predetermined city and/or group of cities, within a predetermined room, facility, building, lot, stage, and/or studio, and/or the like);
program instructions to collect opinion data about the at least two or more products or services in the … in the metaverse based on the user's interactions with the metaverse avatars, entities, products, and services using haptic interfaces and biometric inferences (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content; Paragraph 0094, In some embodiments, the system may be configured, using a user device, to track a second user's facial, vocal, and/or bodily expressions, movements, and/or other biometric readings. For example, a microphone of the user device may detect and/or receive voice commands, spoken words, and/or the like produced by the second user, such as “wow, the guitar sounds great!” or “I do not like this chorus.” The system may also utilize a camera to track facial movements, facial gestures, hand movements, body movements, eye movements, mouth movements, and/or the like. The system may further be enabled, using a sensor, to obtain a user's heart rate data. By tracking these movements (e.g., blinking, moving one's eyes, a nostril flare, pupil dilation, a frown, a smile, and/or the like), the system may be enabled to identify various human responses to content that the user may not manually input and/or even be aware of. For example, the system may detect a facial movement where a second user's eyebrows raise and lips curl upward. Based on detecting these movements, the system may determine that the user smiled and thus reacted positively to the content at a particular point in time. Vocal, facial, body, biometric, and/or emotional responses may be classified as positive, negative, and/or neutral by the system and/or be used for weighting various other values; Paragraph 0152, Also shown in FIG. 7 is the user interface 749. In some embodiments, the user interface 749 may include one or more output devices, such as a display and/or a speaker, for presenting information to the user 745. In some embodiments, the user interface 749 may include one or more input devices, such as one or more buttons, keys, dials, levers, directional pads, joysticks, accelerometers, controllers, microphones, touchpads, touchscreens, haptic interfaces, microphones, scanners, motion detectors, cameras, biometric scanners, and/or the like for receiving information from the user 745; Examiner interprets the “virtual product” and “prototype” as the “two or more products”), wherein the opinion data includes a first user rating based on which, if any, of the at least two or more products or services the user would put in a virtual … for sale (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0099, Through analysis of the inputs, the system may be configured to generate a wide variety of metrics associated with the content and/or an audience's opinions of the content. For example, the system may compile multiple users' inputs to produce an overall rating score of content, an average color of an image, a ranked order of rating criterion, a graph of the popularity of responses and/or purchases, an average emotion or emoticon to be associated with the content and/or a specific rating criterion, and/or another metric for an audience as a whole and/or a specific rating criterion. As another example, the system may generate a graph illustrating in time when specific instruments and/or elements of the content are liked and/or disliked, when a user interacted with content, when a made purchases, when a user performed any action and/or responded in any way to content, and/or the like. In this way, the present invention may enable the first user to better understand the preferences of second users (e.g., audience members) who reviewed the content), and a second user rating based on perceived monetary value (Paragraph 0023, The rating score may serve as a numerical benchmark for overall quality, an indicator of an emotional response to the content, popularity of various elements of the content, a comparison of multiple content items, and/or other metrics. As mentioned above, one or more individual elements of the content and/or one or more users may also receive rating scores in addition and/or alternatively to an overall rating score; Paragraph 0119, The height (e.g., amplitude) of each bar in the graph 1066 may correspond to a weight value and/or how much an instrument is liked and/or disliked, a dollar value of a purchase, a number of occurrences of a particular response and/or response type, and/or the like);
program instructions to correlate the opinion data of the previously released product or service to a commercial success value of the previously released product or service (Paragraph 0105, The system may also identify which aspects of the content are critical to its overall rating score based on an analysis of user input. The system may also analyze received information and/or inputs to project a probability of commercial success of the content in various demographics, locations, times of year, and/or the like);
program instructions to weight the opinion data of the unreleased product or service based on the correlation; generating a value score for the unreleased product or service based on the weighted opinion data, wherein the value score serves as a predictive indicator of commercial potential of the unreleased product or service (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0093, election of a thumbs-up and/or thumbs-down button, an instrument, element, and/or rating criterion, an option on the pop-up menu 1048, and/or any other input may be assigned a numerical value. This numerical value may be positive, negative, weighted, and/or neutral. The numerical value may be inputted into an algorithm that generates an overall score for the content, a specific rating criterion, and/or the like; Paragraph 0105, The system may also identify which aspects of the content are critical to its overall rating score based on an analysis of user input. The system may also analyze received information and/or inputs to project a probability of commercial success of the content in various demographics, locations, times of year, and/or the like; Paragraph 0123, In some embodiments, the first user may be enabled to configure rating criteria by weighting each rating criterion individually. By weighting one or more rating criteria, the first user may tailor the system-generated overall score to be more relevant to the first user's needs. In response, the system may assign numerical values to user input, content, and/or the like when the same in accordance with the user-specified weights).
Although McKenzie discloses to present a user with at least two or more products or services while the user is [interacting with content] in the metaverse (Paragraph 0135), McKenzie does not specifically disclose wherein the user is visiting a storefront in the metaverse.
However, Calder et al. discloses program instructions to present a user with at least two or more products or services as visual media including 2D and 3D media, audio format, or haptic interfaces, including at least one previously released product or service and at least one unreleased product or service, while the user is visiting a storefront in the metaverse (Paragraph 0069, In some embodiments, device metadata 19 includes information associated with the user device 10 or a user of user device 10. The information associated with the user device 10 may include OS, device capacity (e.g. memory, processor speed), input and output subsystem or peripheral devices (e.g. touch screen, screen resolution, camera resolution, video camera, haptic displays, haptic input, augmented reality glasses, virtual reality headsets), or the like; Paragraph 0127, In some embodiments, the interaction experience, accessed by experience link 314, is a retail experience comprising several ways a guest (e.g. customer, potential customer) can experience an item. The guest experiences a point of view defined by the affiliate. In addition to providing a storefront, product information, and/or one or more affordances to purchase an item, a retail experience may include other ways in which guests interact and interface with an item such as, those occurring in a retail experience, in a hybrid experience, or outside a retail experience include demos, product testing, product placement, test drives, tastings, feeling or trying on apparel or product, recommendations and answers from other consumers, unboxing videos and the like. These retail experiences may occur in physical retail settings, virtual reality, online retail, the metaverse, hybrid retail, and or other contexts such as a friend's kitchen, a yoga studio, a third-party website or video, and the like. A specialized retail experience may be integrated within a larger retail context, a retail context, a social network context, or may be provided as a stand-alone experience; Examiner interprets the product testing as the unreleased product);
program instructions to facilitate interactions between metaverse avatars, entities, products, and services by directing the user to a specific location in the storefront to provide opinion data about the at least two products or services (Paragraph 0127, In some embodiments, the interaction experience, accessed by experience link 314, is a retail experience comprising several ways a guest (e.g. customer, potential customer) can experience an item. The guest experiences a point of view defined by the affiliate. In addition to providing a storefront, product information, and/or one or more affordances to purchase an item, a retail experience may include other ways in which guests interact and interface with an item such as, those occurring in a retail experience, in a hybrid experience, or outside a retail experience include demos, product testing, product placement, test drives, tastings, feeling or trying on apparel or product, recommendations and answers from other consumers, unboxing videos and the like. These retail experiences may occur in physical retail settings, virtual reality, online retail, the metaverse, hybrid retail, and or other contexts such as a friend's kitchen, a yoga studio, a third-party website or video, and the like. A specialized retail experience may be integrated within a larger retail context, a retail context, a social network context, or may be provided as a stand-alone experience; Examiner interprets “accessing the interaction experience by a link” as “directing the user to a specific location in the storefront.” Further, Examiner notes that product testing includes feedback/opinion of the product);
program instructions to collect opinion data about the at least two or more products or services in the storefront in the metaverse based on the user's interactions with the metaverse avatars, entities, products, and services (Paragraph 0127, In some embodiments, the interaction experience, accessed by experience link 314, is a retail experience comprising several ways a guest (e.g. customer, potential customer) can experience an item. The guest experiences a point of view defined by the affiliate. In addition to providing a storefront, product information, and/or one or more affordances to purchase an item, a retail experience may include other ways in which guests interact and interface with an item such as, those occurring in a retail experience, in a hybrid experience, or outside a retail experience include demos, product testing, product placement, test drives, tastings, feeling or trying on apparel or product, recommendations and answers from other consumers, unboxing videos and the like. These retail experiences may occur in physical retail settings, virtual reality, online retail, the metaverse, hybrid retail, and or other contexts such as a friend's kitchen, a yoga studio, a third-party website or video, and the like. A specialized retail experience may be integrated within a larger retail context, a retail context, a social network context, or may be provided as a stand-alone experience; Examiner interprets the “feedback/opinion provided during product testing” as the “opinion data”) using haptic interfaces and biometric inferences (Paragraph 0090, In an embodiment, the user device in the system further comprises one or more of a biometric sensor, physiological sensor, a room sensor, microphone, still camera, video camera, body-based sensor, smart mat based sensor, smart weight based, smart bike based sensor, smart glove based sensor, garment based sensor, smart footwear based sensor, augmented reality headset, virtual reality headset, metaverse headset, a mixed reality device, a virtual reality device, an augmented reality device; Paragraph 0107, Examples of the peripheral input device 55 include different types of input devices like controllers and sensors and examples of the peripheral output device 56 include output devices like display and annunciators as found in: a smart phone, a tablet, a computer, a smart mirror, a wearable device (e.g. smart clothing, smart watch, smart jewelry, myographic band), a haptic interface (e.g. haptic display, haptic glove, haptic footwear), a connected device (e.g. a yoga mat, a vehicle, cardiovascular exercise equipment, isometric or isotonic exercise equipment), a smart audiovisual system (e.g. smart speaker, lighting system), a wearable sensor (e.g. breathing monitor, blood glucose monitor, EEG, myographic band, heart rate monitor, blood oxygen monitor), an interface for processor generated experiences (e.g. headset, goggles, gloves, controllers for artificial neural networks, augmented, augmented or virtual reality), or the like), wherein the opinion data includes a first user rating based on which, if any, of the at least two or more products or services the user would put in a virtual storefront for sale (Paragraph 0127, In some embodiments, the interaction experience, accessed by experience link 314, is a retail experience comprising several ways a guest (e.g. customer, potential customer) can experience an item. The guest experiences a point of view defined by the affiliate. In addition to providing a storefront, product information, and/or one or more affordances to purchase an item, a retail experience may include other ways in which guests interact and interface with an item such as, those occurring in a retail experience, in a hybrid experience, or outside a retail experience include demos, product testing, product placement, test drives, tastings, feeling or trying on apparel or product, recommendations and answers from other consumers, unboxing videos and the like. These retail experiences may occur in physical retail settings, virtual reality, online retail, the metaverse, hybrid retail, and or other contexts such as a friend's kitchen, a yoga studio, a third-party website or video, and the like. A specialized retail experience may be integrated within a larger retail context, a retail context, a social network context, or may be provided as a stand-alone experience; Paragraph 0183, In some embodiments, the instance of the interaction experience changes with a change in state. At 908, the controller receives an interaction by a user with the first instance of the interaction experience. The interaction may change the state for the interaction experience. For example, the user may have subscribed to a service or purchased an item. They may have left a review for an item or interacted with community members on a social network, e.g. message, post; Examiner notes that product testing includes feedback/opinion of the product), …
It would have been obvious to one ordinary skill in the art before the effective filing date to modify the method of collecting consumer market research data in a metaverse (e.g., feedback of a product), wherein the products are presented to a user in the metaverse of the invention of McKenzie to further specify wherein the products are presented to the user while the user is visiting a storefront in the metaverse of the invention of Calder et al. because doing so would allow the method to provide a storefront in which guests interact and interface with an item (see Calder et al., Paragraph 0127). Further, the claimed invention is merely a combination of old elements, and in combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Although McKenzie discloses weighting the opinion data of the unreleased product or service, the combination of McKenzie and Calder et al. does not specifically disclose wherein the weighting is according to correlation of the opinion data for the previously released product or service to a commercial success value of the previously released product or service.
However, Cherusseri et al. discloses program instructions to correlate the opinion data of the previously released product or service to a commercial success value of the previously released product or service; program instructions to weight the opinion data of the unreleased product or service based on the correlation (Paragraph 0105, In an example, sale of a product is analyzed using the sales analytical model. In the analyzed data, if an increase or a decrease in the sale is observed for a product in the analyzed data, one or more correlations may be identified between the increase or the decrease in the sale and one or more of the following: [0106] the influencers, for example, discounts during the festive season, or new product; [0107] the external intelligence data, for example, sentimental index for the product on blogs or surveys, or GDP, or census; [0108] the customer details, for example, number of kids or senior citizens in the family, or earnings, particular likings; [0109] the store related details, for example, number of products in the inventory, number of stores available to the customers, location of products in the store. Further, by leveraging the associated weightage factors on the analyzed data, the contribution of each individual identified correlation to the increase or the decrease in the sale can be estimated or determined. It may be understood that the above examples of correlations are mentioned only for the purpose of the description herein, and other examples of correlations are also possible).
It would have been obvious to one ordinary skill in the art before the effective filing date to modify the method of collecting consumer market research data in a metaverse (e.g., feedback of a product), wherein the products are presented to a user in the metaverse of the invention of McKenzie and Calder et al. to further specify wherein the feedback data is weighted according a to correlation of the opinion data for the previously released product or service to a commercial success value of the previously released product or service of the invention of Cherusseri et al. because doing so would allow the method to identify contribution of each individual to the increase or the decrease in the sale (see Cherusseri et al., Paragraph 0107). Further, the claimed invention is merely a combination of old elements, and in combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claims 3 and 18 (Currently Amended), which are dependent of claims 1 and 16, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 1 and 16. McKenzie further discloses wherein the previously released product or service comprises a successful product or service and an unsuccessful product or service (Paragraph 0131, Other pieces of information that are transmitted by the system to the first user may include but is not limited to a point in time when a listener pressed “Next” and/or skipped the user's song, a total number of plays, a total number of likes, a total number of dislikes, a total number of playlist adds, a total number of views, a total number of shares, a total number of reviews, a total number of fans, a total number of friends, a predictability score of success, a point value, an overall score, a virtual currency value, a numerical value, metadata associated with content, purchase information, and/or the like), wherein a successful product or service and an unsuccessful product or service are determined based on at least one metric selected from the group consisting of full price sales, gross margin, paid traffic, organic traffic, customer satisfaction score, customer lifetime value, conversion rate, cost per acquisition, and net promoter score (Paragraph 0099, Through analysis of the inputs, the system may be configured to generate a wide variety of metrics associated with the content and/or an audience's opinions of the content. For example, the system may compile multiple users' inputs to produce an overall rating score of content, an average color of an image, a ranked order of rating criterion, a graph of the popularity of responses and/or purchases, an average emotion or emoticon to be associated with the content and/or a specific rating criterion, and/or another metric for an audience as a whole and/or a specific rating criterion. As another example, the system may generate a graph illustrating in time when specific instruments and/or elements of the content are liked and/or disliked, when a user interacted with content, when a made purchases, when a user performed any action and/or responded in any way to content, and/or the like. In this way, the present invention may enable the first user to better understand the preferences of second users (e.g., audience members) who reviewed the content).
Regarding claims 4 and 19 (Currently Amended), which are dependent of claims 1 and 17, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 1 and 16. McKenzie further discloses wherein performing analysis on the opinion data comprises, weighting the opinion data of the unreleased product or service … (Paragraph 0106, In some embodiments, the system may generate a graph 33 that shows peaks and valleys associated with where the content was liked and/or disliked, and by how much. The height (e.g., amplitude) of each peak, valley, stem, and/or other indicator may correspond with a number of similar responses received, a strength of a response, and/or a weighted value. For example, a peak representing 10 people that liked a guitar performance at point A in a song may be higher than a peak representing 3 people that liked a drum performance at point B. The graphs produced may relate to an overall score for the content and/or specific rating criteria; Paragraph 0130, In some embodiments, one or more inputs may be weighted in computing an overall rating score. For example, if the user inputs a guitar's rating score of 7.8, a color of red, a smiley face in the notes, and enters the keywords “love” and “guitar” in the notes, the system may increase the 7.8 to an 8.0 based on the additional positive inputs), wherein the commercial success value is determined based on at least one metric selected from the group consisting of full price sales, gross margin, customer satisfaction score, customer lifetime value, conversion rate, cost per acquisition, and net promoter score (Paragraph 0099, Through analysis of the inputs, the system may be configured to generate a wide variety of metrics associated with the content and/or an audience's opinions of the content. For example, the system may compile multiple users' inputs to produce an overall rating score of content, an average color of an image, a ranked order of rating criterion, a graph of the popularity of responses and/or purchases, an average emotion or emoticon to be associated with the content and/or a specific rating criterion, and/or another metric for an audience as a whole and/or a specific rating criterion. As another example, the system may generate a graph illustrating in time when specific instruments and/or elements of the content are liked and/or disliked, when a user interacted with content, when a made purchases, when a user performed any action and/or responded in any way to content, and/or the like. In this way, the present invention may enable the first user to better understand the preferences of second users (e.g., audience members) who reviewed the content).
Although McKenzie discloses weighting the opinion data of the unreleased product or service, the combination of McKenzie and Calder et al. does not specifically disclose wherein the weighting is according to correlation of the opinion data for the previously released product or service to a commercial success value of the previously released product or service.
However, Cherusseri et al. discloses wherein performing analysis on the opinion data comprises, weighting the opinion data of the unreleased product or service according to correlation of the opinion data for the previously released product or service to a commercial success value of the previously released product or service, wherein the commercial success value is determined based on at least one metric selected from the group consisting of full price sales, gross margin, customer satisfaction score, customer lifetime value, conversion rate, cost per acquisition, and net promoter score (Paragraph 0105, In an example, sale of a product is analyzed using the sales analytical model. In the analyzed data, if an increase or a decrease in the sale is observed for a product in the analyzed data, one or more correlations may be identified between the increase or the decrease in the sale and one or more of the following: [0106] the influencers, for example, discounts during the festive season, or new product; [0107] the external intelligence data, for example, sentimental index for the product on blogs or surveys, or GDP, or census; [0108] the customer details, for example, number of kids or senior citizens in the family, or earnings, particular likings; [0109] the store related details, for example, number of products in the inventory, number of stores available to the customers, location of products in the store. Further, by leveraging the associated weightage factors on the analyzed data, the contribution of each individual identified correlation to the increase or the decrease in the sale can be estimated or determined. It may be understood that the above examples of correlations are mentioned only for the purpose of the description herein, and other examples of correlations are also possible).
It would have been obvious to one ordinary skill in the art before the effective filing date to modify the method of collecting consumer market research data in a metaverse (e.g., feedback of a product), wherein the products are presented to a user in the metaverse of the invention of McKenzie and Calder et al. to further specify wherein the feedback data is weighted according a to correlation of the opinion data for the previously released product or service to a commercial success value of the previously released product or service of the invention of Cherusseri et al. because doing so would allow the method to identify contribution of each individual to the increase or the decrease in the sale (see Cherusseri et al., Paragraph 0107). Further, the claimed invention is merely a combination of old elements, and in combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claims 5 and 20 (Currently Amended), which are dependent of claims 3 and 18, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 3 and 18. McKenzie further discloses wherein performing analysis on the opinion data comprises, weighting the opinion data of the unreleased product or service … (Paragraph 0106, In some embodiments, the system may generate a graph 33 that shows peaks and valleys associated with where the content was liked and/or disliked, and by how much. The height (e.g., amplitude) of each peak, valley, stem, and/or other indicator may correspond with a number of similar responses received, a strength of a response, and/or a weighted value. For example, a peak representing 10 people that liked a guitar performance at point A in a song may be higher than a peak representing 3 people that liked a drum performance at point B. The graphs produced may relate to an overall score for the content and/or specific rating criteria; Paragraph 0130, In some embodiments, one or more inputs may be weighted in computing an overall rating score. For example, if the user inputs a guitar's rating score of 7.8, a color of red, a smiley face in the notes, and enters the keywords “love” and “guitar” in the notes, the system may increase the 7.8 to an 8.0 based on the additional positive inputs), wherein the commercial success value is determined based on at least one metric selected from the group consisting of full price sales, gross margin, customer satisfaction score, customer lifetime value, conversion rate, cost per acquisition, and net promoter score (Paragraph 0099, Through analysis of the inputs, the system may be configured to generate a wide variety of metrics associated with the content and/or an audience's opinions of the content. For example, the system may compile multiple users' inputs to produce an overall rating score of content, an average color of an image, a ranked order of rating criterion, a graph of the popularity of responses and/or purchases, an average emotion or emoticon to be associated with the content and/or a specific rating criterion, and/or another metric for an audience as a whole and/or a specific rating criterion. As another example, the system may generate a graph illustrating in time when specific instruments and/or elements of the content are liked and/or disliked, when a user interacted with content, when a made purchases, when a user performed any action and/or responded in any way to content, and/or the like. In this way, the present invention may enable the first user to better understand the preferences of second users (e.g., audience members) who reviewed the content).
Although McKenzie discloses weighting the opinion data of the unreleased product or service, the combination of McKenzie and Calder et al. does not specifically disclose wherein the weighting is according to correlation of the opinion data for the previously released product or service to a commercial success value of the previously released product or service.
However, Cherusseri et al. discloses wherein performing analysis on the opinion data comprises, weighting the opinion data of the unreleased product or service according to a correlation of the opinion data of the successful and unsuccessful previously released product or service to a commercial success value of the successful and unsuccessful previously released product or service, respectively, wherein the commercial success value is determined based on at least one metric selected from the group consisting of full price sales, gross margin, customer satisfaction score, customer lifetime value, conversion rate, cost per acquisition, and net promoter score (Paragraph 0105, In an example, sale of a product is analyzed using the sales analytical model. In the analyzed data, if an increase or a decrease in the sale is observed for a product in the analyzed data, one or more correlations may be identified between the increase or the decrease in the sale and one or more of the following: [0106] the influencers, for example, discounts during the festive season, or new product; [0107] the external intelligence data, for example, sentimental index for the product on blogs or surveys, or GDP, or census; [0108] the customer details, for example, number of kids or senior citizens in the family, or earnings, particular likings; [0109] the store related details, for example, number of products in the inventory, number of stores available to the customers, location of products in the store. Further, by leveraging the associated weightage factors on the analyzed data, the contribution of each individual identified correlation to the increase or the decrease in the sale can be estimated or determined. It may be understood that the above examples of correlations are mentioned only for the purpose of the description herein, and other examples of correlations are also possible).
It would have been obvious to one ordinary skill in the art before the effective filing date to modify the method of collecting consumer market research data in a metaverse (e.g., feedback of a product), wherein the products are presented to a user in the metaverse of the invention of McKenzie and Calder et al. to further specify wherein the feedback data is weighted according to a correlation of the opinion data for the previously released product or service to a commercial success value of the previously released product or service of the invention of Cherusseri et al. because doing so would allow the method to identify contribution of each individual to the increase or the decrease in the sale (see Cherusseri et al., Paragraph 0107). Further, the claimed invention is merely a combination of old elements, and in combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claims 6 and 21 (Original), which are dependent of claims 1 and 16, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 1 and 16. McKenzie further comprising: collecting personal data about the user; and collecting data about the digital identity of the user in the metaverse/virtual universe and a user profile in the metaverse/virtual universe (Paragraph 0041, The system and/or the first user may determine which users may access the content including how many, to whom, and for how long security credentials are distributed and/or valid. Authentication credentials may be limited and/or characterized by a particular time, duration, location, user identity, device identity, and/or the like in which a second user may access the content; Paragraph 0135, In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content; Paragraph 0049, The message may include the content, means for consuming the content (e.g., a video player, a music player, an image or photograph, various control interfaces for the same, a link to a web page on which content is hosted and/or presented, social media platforms, streaming platforms, virtual reality platforms, augmented reality platforms, and/or the like), and/or means for reviewing and/or providing feedback on the content (e.g., a feedback interface, and/or the like); Paragraph 0174, The profile management unit 910 may facilitate generation, modification, analysis, transmission, and/or presentation of a user profile associated with a user).
Regarding claims 7 and 22 (Original), which are dependent of claims 6 and 21, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 6 and 21. McKenzie further comprising: using the personal data about the user to analyze the opinion data of the at least two products or services according to users within a subset of the opinion data (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a work of art, a piece of music, a song, audio content, video content, an advertisement, text, a live performance, a sporting event, a sports broadcast, a player, a user, a television broadcast, a webcast, a podcast, a comedy skit, a speech, a movie, a picture, an image, a physical product, a virtual product, a non-fungible token (NFT), an item, a website, a design, a social media post, an article, a meme, a game, a book, a product demonstration, a prototype, a dating profile, a social media profile, media content, an instrument, multimedia content, a person, an animal, a plant, and/or any other type of content; Paragraph 0041, The system and/or the first user may determine which users may access the content including how many, to whom, and for how long security credentials are distributed and/or valid. Authentication credentials may be limited and/or characterized by a particular time, duration, location, user identity, device identity, and/or the like in which a second user may access the content; Examiner interprets “users who may access the content” as “users within a subset of the opinion data”).
Regarding claims 8 and 23 (Original), which are dependent of claims 6 and 21, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 6 and 21. McKenzie further wherein the personal data comprises age, demographic, behavioral, gender, and location data (Paragraph 0174, The profile management unit 910 may facilitate generation, modification, analysis, transmission, and/or presentation of a user profile associated with a user. For example, the profile management unit 910 may prompt a user via a user device to register by inputting authentication credentials, personal information (e.g., an age, a gender, demographic information, and/or the like), contact information (e.g., a phone number, a zip code, a mailing address, an email address, a name, and/or the like), and/or the like. The profile management unit 910 may receive, process, analyze, organize, and/or otherwise transform any data received from the user and/or another computing element so as to generate and/or store a user profile of a user. Possible information processed by the profile management unit 910 includes personal information, contact information, location information, user preferences, a photo, a video recording, an audio recording, a textual description, a virtual currency balance, a history or log of user activity, user preferences, settings, content, user input, feedback, recommendations, and/or the like)
Regarding claims 9 and 24 (Original), which are dependent of claims 1 and 16, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 1 and 16. McKenzie further discloses wherein the at least two products or services are presented to the user as visual media including 2D and 3D media, audio format, haptic interfaces or any combination thereof (Paragraph 0152, In some embodiments, the user interface 749 may include one or more input devices, such as one or more buttons, keys, dials, levers, directional pads, joysticks, accelerometers, controllers, microphones, touchpads, touchscreens, haptic interfaces, microphones, scanners, motion detectors, cameras, biometric scanners, and/or the like for receiving information from the user 745; It can be noted that the claim language is written in alternative form. The limitation taught by McKenzie is based on “haptic interfaces").
Regarding claims 11 and 26 (Original), which are dependent of claims 1 and 16, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 1 and 16. McKenzie further discloses wherein collecting opinion data about the at least two or more products or services in the … in the metaverse comprises, rating the at least two or more products or services on a scale, indicating the at least two or more products or services the user would put in a virtual storefront, indicating a perceived monetary value of the at least two or more products or services, or any combination thereof (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a work of art, a piece of music, a song, audio content, video content, an advertisement, text, a live performance, a sporting event, a sports broadcast, a player, a user, a television broadcast, a webcast, a podcast, a comedy skit, a speech, a movie, a picture, an image, a physical product, a virtual product, a non-fungible token (NFT), an item, a website, a design, a social media post, an article, a meme, a game, a book, a product demonstration, a prototype, a dating profile, a social media profile, media content, an instrument, multimedia content, a person, an animal, a plant, and/or any other type of content. In some embodiments, the application may be further configured to generate a unique rating score (e.g., a numerical value) associated with the content, an element of and/or featured in the content (e.g., a musical instrument, a phrase, lyrics, a tempo, an effect, the order and/or structure of the content, and/or any other characteristic of the content as described herein) and/or a recipient's opinion of the content based on the processing of recipient feedback. The rating score may serve as a numerical benchmark for overall quality, an indicator of an emotional response to the content, popularity of various elements of the content, a comparison of multiple content items, and/or other metrics. As mentioned above, one or more individual elements of the content and/or one or more users may also receive rating scores in addition and/or alternatively to an overall rating score; It can be noted that the claim language is written in alternative form. The limitation taught by McKenzie is based on “rating the at least two or more products or services on a scale").
Although McKenzie discloses presenting a user with at least two or more products or services while the user is [interacting with context] in the metaverse, McKenzie does not specifically disclose wherein the user is visiting a storefront in the metaverse.
However, Calder et al. discloses wherein collecting opinion data about the at least two or more products or services in the storefront in the metaverse comprises , rating the at least two or more products or services on a scale, indicating the at least two or more products or services the user would put in a virtual storefront, indicating a perceived monetary value of the at least two or more products or services, or any combination thereof (Paragraph 0127, In some embodiments, the interaction experience, accessed by experience link 314, is a retail experience comprising several ways a guest (e.g. customer, potential customer) can experience an item. The guest experiences a point of view defined by the affiliate. In addition to providing a storefront, product information, and/or one or more affordances to purchase an item, a retail experience may include other ways in which guests interact and interface with an item such as, those occurring in a retail experience, in a hybrid experience, or outside a retail experience include demos, product testing, product placement, test drives, tastings, feeling or trying on apparel or product, recommendations and answers from other consumers, unboxing videos and the like. These retail experiences may occur in physical retail settings, virtual reality, online retail, the metaverse, hybrid retail, and or other contexts such as a friend's kitchen, a yoga studio, a third-party website or video, and the like. A specialized retail experience may be integrated within a larger retail context, a retail context, a social network context, or may be provided as a stand-alone experience; It can be noted that the claim language is written in alternative form. The limitation taught by McKenzie is based on “indicating the at least two or more products or services the user would put in a virtual storefront." Examiner interprets “test drive” as the “opinion indicating the at least two or more products or services the user would put in a virtual storefront”).
It would have been obvious to one ordinary skill in the art before the effective filing date to modify the method of collecting consumer market research data in a metaverse (e.g., feedback of a product), wherein the products are presented to a user in the metaverse of the invention of McKenzie to further specify wherein the products are presented to the user while the user is visiting a storefront in the metaverse of the invention of Calder et al. because doing so would allow the method to provide a storefront in which guests interact and interface with an item (see Calder et al., Paragraph 0127). Further, the claimed invention is merely a combination of old elements, and in combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claims 12 and 27 (Original), which are dependent of claims 1 and 16, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 1 and 16. Although McKenzie discloses presenting a user with at least two or more products or services while the user is [interacting with context] in the metaverse, McKenzie does not specifically disclose wherein the user is visiting a storefront in the metaverse.
However, Calder et al. discloses comprising, creating a storefront in the metaverse; making the storefront available to the user; and populating the at least two or more products or services in the storefront (Paragraph 0127, In some embodiments, the interaction experience, accessed by experience link 314, is a retail experience comprising several ways a guest (e.g. customer, potential customer) can experience an item. The guest experiences a point of view defined by the affiliate. In addition to providing a storefront, product information, and/or one or more affordances to purchase an item, a retail experience may include other ways in which guests interact and interface with an item such as, those occurring in a retail experience, in a hybrid experience, or outside a retail experience include demos, product testing, product placement, test drives, tastings, feeling or trying on apparel or product, recommendations and answers from other consumers, unboxing videos and the like. These retail experiences may occur in physical retail settings, virtual reality, online retail, the metaverse, hybrid retail, and or other contexts such as a friend's kitchen, a yoga studio, a third-party website or video, and the like. A specialized retail experience may be integrated within a larger retail context, a retail context, a social network context, or may be provided as a stand-alone experience; Paragraph 0135, At 410, the first user interacts in a gamified way with the host. In some embodiments, this includes generating implicitly or expressly a list of items from those in a catalog that may be refined into a suggested plurality of items. In some embodiments, the first user creates a store in a simulated world. The selection of items, size of store, and esthetic of store can all be included in generation of a list of items or experience model).
It would have been obvious to one ordinary skill in the art before the effective filing date to modify the method of collecting consumer market research data in a metaverse (e.g., feedback of a product), wherein the products are presented to a user in the metaverse of the invention of McKenzie to further specify wherein the products are presented to the user while the user is visiting a storefront in the metaverse of the invention of Calder et al. because doing so would allow the method to provide a storefront in which guests interact and interface with an item (see Calder et al., Paragraph 0127). Further, the claimed invention is merely a combination of old elements, and in combination each element would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claims 13 and 28 (Original), which are dependent of claims 1 and 16, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 1 and 16. McKenzie further discloses wherein the at least two products or services comprise products or services existing only in the metaverse (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a work of art, a piece of music, a song, audio content, video content, an advertisement, text, a live performance, a sporting event, a sports broadcast, a player, a user, a television broadcast, a webcast, a podcast, a comedy skit, a speech, a movie, a picture, an image, a physical product, a virtual product, a non-fungible token (NFT), an item, a website, a design, a social media post, an article, a meme, a game, a book, a product demonstration, a prototype, a dating profile, a social media profile, media content, an instrument, multimedia content, a person, an animal, a plant, and/or any other type of content; Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content).
Regarding claims 14 and 29 (Original), which are dependent of claims 1 and 16, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 1 and 16. McKenzie further discloses wherein the at least two products or services comprise products or services existing in the real word (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a work of art, a piece of music, a song, audio content, video content, an advertisement, text, a live performance, a sporting event, a sports broadcast, a player, a user, a television broadcast, a webcast, a podcast, a comedy skit, a speech, a movie, a picture, an image, a physical product, a virtual product, a non-fungible token (NFT), an item, a website, a design, a social media post, an article, a meme, a game, a book, a product demonstration, a prototype, a dating profile, a social media profile, media content, an instrument, multimedia content, a person, an animal, a plant, and/or any other type of content; Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content).
Regarding claims 15 and 30 (Original), which are dependent of claims 1 and 16, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 1 and 16. McKenzie further discloses wherein the at least two products or services comprise products or services existing in both the metaverse and the real world (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a work of art, a piece of music, a song, audio content, video content, an advertisement, text, a live performance, a sporting event, a sports broadcast, a player, a user, a television broadcast, a webcast, a podcast, a comedy skit, a speech, a movie, a picture, an image, a physical product, a virtual product, a non-fungible token (NFT), an item, a website, a design, a social media post, an article, a meme, a game, a book, a product demonstration, a prototype, a dating profile, a social media profile, media content, an instrument, multimedia content, a person, an animal, a plant, and/or any other type of content; Paragraph 0135, In some embodiments, the system described herein may enable the user to interact with content being displayed on a user device, content being presented in a live setting, and/or content otherwise being accessed by the user. For example, the user may be enabled to control elements of content such as lighting, setting, locations, backgrounds, visuals, audio settings, volume, panning, audio mixes, story plots, stages, characters, accessories, clothes, fashion items, vehicles, dialogue, and/or any other element of content. In some embodiments, the user may also be enabled to select, change, modify, purchase, and/or interact with any element in content and/or in a metaverse associated with content).
Regarding claims 31 and 32 (New), which are dependent of claims 1 and 16, the combination of McKenzie, Calder et al., and Cherusseri et al. discloses all the limitations in claims 1 and 16. McKenzie further discloses collecting data about a digital identity of the user by analyzing a public blockchain address of the user to collect data comprising non-fungible tokens owned by the user, digital asset balances, and transaction prices associated with the user; and using the data about the digital identity of the user to analyze the opinion data of the at least two or more products or services (Paragraph 0023, The present invention is directed to a software-based tool (e.g., an application) that enables the first user to collect feedback from one or more second users in regards to content (e.g., a virtual product and a prototype); Paragraph 0041, In some embodiments, the system may require a recipient (e.g., second user) to input some form of authentication such as a key, token, non-fungible token, password, biometric data, an account, and/or another security mechanism in order for the second user to access the content and/or information associated with the content. The purpose of requiring authentication may be to maintain privacy of the content while it is still in production and/or to comply with confidentiality requirements in various contracts. In some instances, the system may generate a limited number of keys, tokens, and/or other security mechanisms so that only a specific number of recipients (or only certain users) may access and provide feedback on the content; Paragraph 0076, The second user may be rewarded with a virtual currency, points, and/or the like for submitting his opinion via the response system and/or for performing any other operation described herein. In some embodiments, the virtual currency may be a cryptocurrency, a token, a non-fungible token, and/or any other type of credit that is stored on a blockchain and/or distributed computing network).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Lee (KR 20230170162 A) – discloses an avatar can visit another avatar's VR exhibition room and view the 2D/3D modeling of each displayed item, as well as check review information through the item's information tag, providing accurate information about the item. Sharing is possible, increasing transaction and service-product reliability (see at least Page 15).
Chokshi (US 2024/0020936 A1) – discloses to select one or more virtual items 208 for presentation as one or more interactive digital advertisements to the avatar. The one or more virtual items 208 may be selected by the advertising service 130 based upon: user data, classification of the items or an associated virtual experience, rating of the items or an associated virtual experience, matching of user settings, and/or other another suitable basis (see at least Paragraph 0070).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJORIE PUJOLS-CRUZ whose telephone number is (571)272-4668. The examiner can normally be reached Mon-Thru 7:30 AM - 5:00 PM.
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/M.P./Examiner, Art Unit 3624 /PATRICIA H MUNSON/Supervisory Patent Examiner, Art Unit 3624
