DETAILED ACTION
This communication is a Non-Final Office Action rejection on the merits. Claims 1-30 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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The term "successful/unsuccessful” in claims 4-5 and 19-20 is a relative term which renders the claim indefinite. The term "successful/unsuccessful" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In a market environment, a successful released product may be a product that has sales greater than a threshold or a product that has certain attributes. For examination purposes, the term “successful” has been construed to be as products that are liked by users.
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 1-30 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 while the user is visiting a storefront; collecting opinion data about the at least two or more products or services in the storefront; and performing analysis on the opinion data. 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 an 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.
The metaverse is merely used to collect consumer feedback in a virtual environment (Paragraphs 0004-0007). Merely stating that the step is performed by a computer component results in “apply it” on a computer (MPEP 2106.05f). This element of “metaverse” is 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, the metaverse is considered “field of use” since it’s just used to receive product or service feedback for an analysis, but the metaverse is not improved (MPEP 2106.05h). Accordingly, alone and in combination, this additional element does not integrate the abstract idea into a practical application because it does 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). 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 at least two or more products or services comprises a previously released product or service and an unreleased product or service; 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 directed to additional elements such as: visual media including 2D and 3D media, audio format, haptic interfaces or any combination thereof. The visual media including 2D and 3D media, audio format, or haptic interface is merely used to present the at least two products or services to a user (Paragraph 0030). 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 10 and 25 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 interactions include directing a user to a specific location in the storefront to provide opinion data about the at least two products or services. At Step 2A, Prong 2 - this is still considered “field of use” since it’s just used to provide instructions to a user, but the technology is not improved (MPEP 2106.05h). At Step 2B – this is considered a conventional computer function of “receiving and transmitting over a network” (MPEP 2106.05d). 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.
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, 6-18, and 21-30 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).
Regarding claim 1, 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 while the user is visiting a … in the metaverse (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);
collecting opinion data about the at least two or more products or services in the … 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; Examiner interprets the “virtual product” and “book” as the “two or more products”);
and performing analysis on 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. 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).
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, 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 while the user is visiting a storefront in the metaverse (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);
collecting opinion data about the at least two or more products or services in the storefront in the metaverse (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 “test drives” as the “opinion data”).
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 claim 16, 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 products or services while the user is visiting a … in the metaverse (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);
program instructions to collect opinion data about the at least two or more products or services in the … 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; Examiner interprets the “virtual product” and “book” as the “two or more products”);
and program instructions to perform analysis on 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. 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).
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, 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 products or services while the user is visiting a storefront in the metaverse (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);
program instructions to collect opinion data about the at least two or more products or services in the storefront in the metaverse (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 “test drives” as the “opinion data”).
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 2 and 17, which are dependent of claims 1 and 16, the combination of McKenzie and Calder et al. discloses all the limitations in claims 1 and 16. McKenzie further discloses wherein the at least two or more products or services comprises a previously released product or service and an 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 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; Examiner interprets the “product demonstration or prototype” as the unreleased product)
Regarding claims 3 and 18, which are dependent of claims 2 and 17, the combination of McKenzie and Calder et al. discloses all the limitations in claims 2 and 17. 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).
Regarding claims 6 and 21, which are dependent of claims 1 and 16, the combination of McKenzie and Calder 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, which are dependent of claims 6 and 21, the combination of McKenzie and Calder 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, which are dependent of claims 6 and 21, the combination of McKenzie and Calder 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, which are dependent of claims 1 and 16, the combination of McKenzie and Calder 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 10 and 25, which are dependent of claims 1 and 16, the combination of McKenzie and Calder et al. discloses all the limitations in claims 1 and 16. McKenzie further discloses comprising, facilitating interactions between metaverse avatars, entities, products, and services wherein the interactions include directing a user to a specific location in the … to provide opinion data about the at least two products or services (Paragraph 0059, the system may automatically provide users with a feedback interface such as those provided in FIGS. 10A-10D upon initiation of an application, clicking on a link, presentation of a web page, the setting up of a feedback collection session by the first user, the initiation of playback of the content, the opening or start of a feedback collection session, and/or any other operation described herein; 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).
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, facilitating interactions between metaverse avatars, entities, products, and services wherein the interactions include directing a 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 the “recommendations and answers from the consumers” as the “opinion data”).
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 11 and 26, which are dependent of claims 1 and 16, the combination of McKenzie and Calder 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, which are dependent of claims 1 and 16, the combination of McKenzie and Calder 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 storef