DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting (Non-Statutory)
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Double patenting between App. 19/033,041 and U.S. Patent No. 12,243,179 B2
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 9, 13, 16, 18, 19, and 20 of U.S. Patent No. 12,243,179 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the methods steps of the current application with those of U.S. Patent No. 12,243,179 B2 as the claims of the current application are broader in scope than those of the issued patent.
Application 19/033,041
U.S. Patent No. 12,243,179 B2
Claim 1
Claim 1
Claim 2
Claim 13
Claim 3
Claim 4
Claim 4
Claim 5
Claim 1
Claim 6
Claim 7
Claim 3
Claim 8
Claim 2
Claim 9
Claim 9
Claim 10
Claim 16
Claim 11
Claim 12
Claim 19
Claim 13
Claim 14
Claim 15
Claim 18
Claim 16
Claim 20
Claim 17
Claim 18
Claim 19
Claim 20
Allowable Subject Matter
Claims 1-20 are objected to, but would be allowable if the non-statutory double patenting rejections listed above are resolved. The following is a statement of reasons for the indication of allowable subject matter:
In regards to independent claim 1, none of the cited prior art alone or in combination provides motivation to teach “wherein the virtual experience includes a virtual user engagement station displayed within the virtual experience and wherein a threshold radius is defined from the virtual user engagement station; receiving an indication that the first avatar is within the threshold radius from the virtual user engagement station; in response to receiving the indication that the first avatar is within the threshold radius from the virtual user engagement station, altering an appearance of the virtual user engagement station to display a virtual item wearable by avatars within the virtual experience; receiving, from the first avatar, a request to engage with the virtual item; and in response to receiving the request, displaying the first avatar as wearing the virtual item while the first avatar is within the threshold radius from the virtual user engagement station” as the references only teach use of animation technology which displays various interfaces for avatar customization features, however the references fail to explicitly disclose the specified functions such as the virtual user engagement station interface listed above and having a defined threshold radius within a virtual scene for determining whether a virtual accessory is worn or not from a displayed avatar, in conjunction with the remaining limitations of claim 1 for the purpose of interactive digital advertising.
In addition, there is no teaching, suggestion, or motivation found in the current references and none that can be inferred from the examiner’s own knowledge with respect to the current limitation.
In regards to independent claims 10 and 16, these claims recite limitations similar in scope to that of claim 1, and thus are objected to under the same rationale as provided above.
In regards to dependent claims 2-9, 11-15, and 17-20, these claims depend from claims 1, 10, and 16 above, and thus are objected to under the same rationale as provided above.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2011/0298897 A1– Reference is of particular relevance to the application as it describes 3D virtual try-on of apparel on an avatar.
US 2012/0299912 A1– Reference is of particular relevance to the application as it describes a method to help a user visualize how a wearable article will look on the user's body.
US 2013/0215116 A1– Reference is of particular relevance to the application as it describes methods and systems relating to online methods of collaboration in community environments for online apparel modeling, where users may purchase various goods and/or services and collaborate with other users in the environment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL M ROBINSON whose telephone number is (571)270-3526. The examiner can normally be reached 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KENT CHANG can be reached at 571-272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TERRELL M ROBINSON/Primary Examiner, Art Unit 2614
Prosecution Insights