Prosecution Insights
Last updated: October 02, 2026
Application No. 19/057,205

HIGHLIGHTING A TAGGED OBJECT WITH AUGMENTED REALITY

Non-Final OA §102§103
Filed
Feb 19, 2025
Priority
Aug 07, 2020 — continuation of 11/417,031 +1 more
Examiner
LETT, THOMAS J
Art Unit
Tech Center
Assignee
Lodestar Licensing Group LLC
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
49%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
626 granted / 745 resolved
+24.0% vs TC avg
Minimal -35% lift
Without
With
+-34.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
14 currently pending
Career history
755
Total Applications
across all art units

Statute-Specific Performance

§101
11.6%
-28.4% vs TC avg
§103
29.7%
-10.3% vs TC avg
§102
47.6%
+7.6% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 745 resolved cases

Office Action

§102 §103
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 § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-3, 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Malmed et al. (US 20200201513 A1) in view of Mills et al. (US 20190340396 A1). Regarding claim 1, Malmed et al. discloses a method, comprising: inventorying a plurality of tagged objects including a first object tagged with a sensor within a plurality of tagged objects (allow for triangulation of the exact location of the RFID tag, a block 410 determines from the received RFID tag data whether the RFID reader 130 is collecting phase data for the RFID tags, para. 0038); tracking movement of the first object and the plurality of tagged objects based on communication between the sensor, sensors associated with the plurality of tagged objects, and a computing device (a location generator 1012 that receives location information from each of the stations 1008 and determines a location of one or more RFID tags (RFID TAG1, RFID TAG2, RFID TAG3) within the environment, para. 0046, figure 10 presentation generator 1002 communicates with a locationing server 1004 through a wireless network 1006; items are detected and tracked by one or both of the presentation generator 1022 and the server 1004 depending on the location of the item.), and highlighting the first object via augmented reality (AR) relative to the plurality of tagged objects based on the tracking and responsive to a request to locate the first object (graphic cones that are shown hovering over the identified location of two RFID tags. A first graphic cone 502 provides a near visualizer, and a second graphic cone 504 provides a far visualizer. Each of the cones 502, 504 are differently sized and positioned within the augmented reality display to indicate the relative location of the RFID tag in the inventory environment 501, para. 0040). Malmed et al. does not expressly disclose “such that an inventory is updated responsive to identification of an addition of a newly tagged object to the plurality of tagged objects” and “wherein tracking movement of the first object includes visualizing a path of the first object from a first storage location of the first object to a current location of the first object”. Mills et al. teaches visualization wherein the data is shown to end users 272 in the form of a virtual reality presentation that shows how the inventory is moving through a facility. In another embodiment, data from the servers 270 is integrated into an augmented reality application that allows authenticated users to review the path of a tracked inventory item through a facility, para. 0128. Examiner articulates that any tagged items (new or old) would be tracked when introduced to the system. Malmed et al. in view of Mills et al. are analogous art because they are from the similar problem solving area of inventory management. At the time of the invention, it would have been obvious to a person of ordinary skill in the art to add the visualization tracking/updating of Mills et al. to the RFID tracking method of Malmed et al. in order to obtain a view of tagged objects. The motivation for doing so would be to improve tracking of assets in inventory. Regarding claim 2, Malmed et al. discloses the method of claim 1, further comprising tracking the movement of the first object relative to the first storage location; and displaying an indication of the movement of the first object relative to the first storage location on the computing device via the AR (identified items may be items identified as misplaced within an inventory environment, high priced items moving with that environment, items identified by a customer for purchase, items identified for shipping to a customer, items identified by an inventory management system for removal from shelves, items that is a customer using a presentation generator is to locate, locations a customer using a presentation generator is to go find within a retailer environment, etc. For example, the server 142 may communicate RFID tag data to the presentation generator 102 over the network 144, and the presentation generator 102 may communicate that RFID tag data to the RFID reader 130 to search for the corresponding RFID tag and flag to the presentation generator 102 when the RFID tag has been identified, para. 0029). Regarding claim 3, Malmed et al. discloses the method of claim 1, wherein highlighting the first object via AR comprises displaying via a user interface of the computing device the current location of the first object with respect to and relative to the plurality of tagged objects via the AR (graphic cones that are shown hovering over the identified location of two RFID tags. A first graphic cone 502 provides a near visualizer, and a second graphic cone 504 provides a far visualizer. Each of the cones 502, 504 are differently sized and positioned within the augmented reality display to indicate the relative location of the RFID tag in the inventory environment 501, para. 0040). Regarding claim 9, Malmed et al. discloses an apparatus, comprising: a user interface (para. 0128, 0049); a memory (para. 0032); and a processor (para. 0031) configured to execute executable instructions stored in the memory to: identify a first object tagged with a sensor within a plurality of tagged objects (allow for triangulation of the exact location of the RFID tag, a block 410 determines from the received RFID tag data whether the RFID reader 130 is collecting phase data for the RFID tags, para. 0038); track movement of the first object relative to other objects of the plurality of tagged objects based on communication between the sensor, sensors associated with each of the plurality of tagged objects, and the apparatus, wherein tracking movement of the first object includes visualizing a path of the first object from a first storage location of the first object to a current location of the first object (a location generator 1012 that receives location information from each of the stations 1008 and determines a location of one or more RFID tags (RFID TAG1, RFID TAG2, RFID TAG3) within the environment, para. 0046, figure 10 presentation generator 1002 communicates with a locationing server 1004 through a wireless network 1006; items are detected and tracked by one or both of the presentation generator 1022 and the server 1004 depending on the location of the item.); and highlight the first object by displaying the current location of the first object via the user interface via augmented reality (AR) based on the tracking and responsive to a request to locate the first object (graphic cones that are shown hovering over the identified location of two RFID tags. A first graphic cone 502 provides a near visualizer, and a second graphic cone 504 provides a far visualizer. Each of the cones 502, 504 are differently sized and positioned within the augmented reality display to indicate the relative location of the RFID tag in the inventory environment 501, para. 0040). Malmed et al. does not expressly disclose inventory the plurality of tagged objects such that an inventory is updated responsive to identification of an addition of a newly tagged object to the plurality of tagged objects. Mills et al. teaches visualization wherein the data is shown to end users 272 in the form of a virtual reality presentation that shows how the inventory is moving through a facility. In another embodiment, data from the servers 270 is integrated into an augmented reality application that allows authenticated users to review the path of a tracked inventory item through a facility, para. 0128. Examiner articulates that any tagged items (new or old) would be tracked when introduced to the system. Malmed et al. in view of Mills et al. are analogous art because they are from the similar problem solving area of inventory management. At the time of the invention, it would have been obvious to a person of ordinary skill in the art to add the visualization tracking/updating of Mills et al. to the RFID tracking method of Malmed et al. in order to obtain a view of tagged objects. The motivation for doing so would be to improve tracking of assets in inventory. Regarding claim 10, Malmed et al. discloses the apparatus of claim 9, further comprising the instructions executable to: highlight the first object by providing a mapping of the first object relative to the plurality of tagged objects; and display via the user interface the mapping as AR (graphic cones that are displayed hovering over the identified location of two RFID tags. A first graphic cone 502 provides a near visualizer, and a second graphic cone 504 provides a far visualizer. Each of the cones 502, 504 are differently sized and positioned within the augmented reality display to indicate the relative location of the RFID tag in the inventory environment 501, para. 0040). Regarding claim 11, Mills et al. discloses the apparatus of claim 9, further comprising the instructions executable to: highlight the newly tagged object responsive to a request to locate the newly tagged object (visualization wherein the data is shown to end users 272 in the form of a virtual reality presentation that shows how the inventory is moving through a facility. In another embodiment, data from the servers 270 is integrated into an augmented reality application that allows authenticated users to review the path of a tracked inventory item through a facility, para. 0128. Examiner articulates that any tagged items (new or old) would be tracked when introduced to the system. Claim 4-7 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Malmed et al. (US 20200201513 A1) in view of Mills et al. (US 20190340396 A1) and further in view of Chachek et al. (US 20200302510 A1). Regarding claim 4, Malmed et al. does not expressly disclose the method of claim 1, wherein highlighting the first object via AR comprises providing a route to the first object via the AR, wherein the AR is displayed via a user interface of the computing device. Chachek et al. teaches the system may initiate walking directions from the current location of the user towards the shelf that has Soda products; or, in some embodiments, in response to such detected stepping-based input, the system breaks-down the Soda compass element (as AR-based content) into smaller elements (e.g., “Cola” and “Seltzer”), or creates other AR-based content (e.g., an internal or inner ring in the compass; or an external or outer ring in the compass) that performs a “drill down” into sub-categories or even specific products, in order to provide specific walking directions to that sub-category or product. Additionally or alternatively, in some embodiments, stepping on the Soda category of the AR-based compass, may further invoke the generating and displaying of additional AR-based content that notifies the user about a particular promotion in that category of products, or that presents an advertisement for a particular product in that category, or that invokes a gamification challenge or a game that involves this type of product, or that provides other useful information or product information about the products in that category. Accordingly, the “stepping” by the user on a floor region, that corresponds to a particular region or section of the AR-based compass, is imaged and analyzed and utilized by the system as a means for obtaining input and selections and commands from the user, para. 0104. Malmed et al. in view of Mills et al. and further in view of Chachek et al. are analogous art because they are from the similar problem solving area of inventory management. At the time of the invention, it would have been obvious to a person of ordinary skill in the art to add the walking navigation of Chachek et al. to the visualization tracking/updating of Mills et al. to the RFID tracking method of Malmed et al. in order to obtain a view of tagged objects. The motivation for doing so would be to improve speed of acquisition of assets in inventory. Regarding claim 5, Chachek et al. discloses the method of claim 1, further comprising launching an AR application on the computing device responsive to a request to locate the first object to highlight the first object via AR (Virtual Selling Point Generator 125 may generate an ad-hoc virtual selling point, that pops up and is displayed as an Augmented Reality element on the user's phone, as the user is standing at or near a particular product or as the user is on his way towards a particular product. For example, user Adam is walking in the store with his smartphone in AR mode; the system determines his current location as being in immediate proximity to Corn Flakes. At this precise moment, Adam's smartphone may present an overlay AR component of graphics and/or animation and/or voice-over, that is specifically tailored to the Corn Flakes shelf of products. The smartphone of the user may be triggered to launch the AR element of the Virtual Selling Point, para. 0126). Regarding claim 6, Chachek et al. discloses the method of claim 1, wherein each object in the plurality of tagged objects is tagged with a sensor, and wherein the method further comprises displaying, via a user interface of the computing device, assembly of a particular item using at least a portion of the first object and the plurality of tagged objects (system may further enable, or may be utilized in conjunction with, one or more solutions for “visual scan and go” or “take and go”, in which the system identifies that a particular user has placed a particular product in his basket or shopping cart, and upon exiting the store may proceed to automatically bill the user's account (or his payment method, such as credit card or debit card) with the price of the relevant product(s) at their relevant quantities; and without necessarily relying or local scan or remote scan of a barcode on the product in order to enable such check-out process. That is, a user can visually assemble a basket using a first product and other tagged items to create a bill for a credit card, para. 0008). Regarding claim 7, Chachek et al. discloses the method of claim 1, further comprising providing a notification to the computing device responsive to a change in location of the first object (generate a notification to the store management team about a lack of a particular product or type of products (e.g., “the Sprite bottles shelf currently has only three bottles left please re-stock immediately”), or about an excess inventory of a particular product on a shelf (e.g., “the Sprite bottles shelf currently shows 15 bottles, please take back 5 bottles to the warehouse), or about misplacement of a product (e.g., “a Sprite bottle is currently located on Shelf 3 in the Toys section”), or about defective products (e.g., “an open Sprite bottle is currently shown on Shelf 4 in Beverages, please remove it from there immediately”), or about discrepancy between inventory database and actual shelves (e.g., “Store inventory database shows that we have a total of 8 bottles of Sprite currently available for sale, but image data of the Beverages shelf shows there 11 bottles of Sprite”), or other insights or notifications which may be generated by comparing the current maps to one or more pre-defined maps or data-sets, and/or by applying one or more rules or conditions for generating such notifications or alerts, para. 0013). Regarding claim 12, Chachek et al. discloses the apparatus of claim 9, further comprising the instructions executable to: receive a trigger comprising a user launching AR-specific camera on the computing device to launch an AR application; and launching the AR application and associated AR responsive to the trigger (Virtual Selling Point Generator 125 may generate an ad-hoc virtual selling point, that pops up and is displayed as an Augmented Reality element on the user's phone, as the user is standing at or near a particular product or as the user is on his way towards a particular product. For example, user Adam is walking in the store with his smartphone in AR mode; the system determines his current location as being in immediate proximity to Corn Flakes. At this precise moment, Adam's smartphone may present an overlay AR component of graphics and/or animation and/or voice-over, that is specifically tailored to the Corn Flakes shelf of products. The smartphone of the user may be triggered to launch the AR element of the Virtual Selling Point, para. 0126). Regarding claim 13, Mills et al. discloses the apparatus of claim 11, wherein the inventory is updated responsive to a location change of a second tagged object of the plurality of tagged objects (visualization wherein the data is shown to end users 272 in the form of a virtual reality presentation that shows how the inventory is moving through a facility. In another embodiment, data from the servers 270 is integrated into an augmented reality application that allows authenticated users to review the path of tracked inventory item through a facility, para. 0128. Examiner articulates that any tagged items (new or old) would be tracked when introduced to the system. Regarding claim 14, Chachek et al. discloses the apparatus of claim 9, further comprising the instructions executable to receive a trigger at the apparatus to launch an AR application responsive to the request to locate the first object (Virtual Selling Point Generator 125 may generate an ad-hoc virtual selling point, that pops up and is displayed as an Augmented Reality element on the user's phone, as the user is standing at or near a particular product or as the user is on his way towards a particular product. For example, user Adam is walking in the store with his smartphone in AR mode; the system determines his current location as being in immediate proximity to Corn Flakes. At this precise moment, Adam's smartphone may present an overlay AR component of graphics and/or animation and/or voice-over, that is specifically tailored to the Corn Flakes shelf of products. The smartphone of the user may be triggered to launch the AR element of the Virtual Selling Point, para. 0126). Regarding claim 15, Chachek et al. discloses the apparatus of claim 14, further comprising the instructions executable to receive the trigger from user input, a camera of the apparatus, a sensor of the apparatus, or a combination thereof (Virtual Selling Point Generator 125 may generate an ad-hoc virtual selling point, that pops up and is displayed as an Augmented Reality element on the user's phone, as the user is standing at or near a particular product or as the user is on his way towards a particular product. For example, user Adam is walking in the store with his smartphone in AR mode; the system determines his current location as being in immediate proximity to Corn Flakes. At this precise moment, Adam's smartphone may present an overlay AR component of graphics and/or animation and/or voice-over, that is specifically tailored to the Corn Flakes shelf of products. The smartphone of the user may be triggered to launch the AR element of the Virtual Selling Point, para. 0126). Claim 8 rejected under 35 U.S.C. 103 as being unpatentable over Malmed et al. (US 20200201513 A1) in view of Mills et al. (US 20190340396 A1) in view of Chachek et al. (US 20200302510 A1) and further in view of Mattingly et al. (US 20180060949 A1) Regarding claim 8, Malmed et al. discloses the method of claim 1, further comprising providing a notification to the computing device responsive to a loss of communication between the sensor and the computing device. Mattingly et al. teaches an SGS system that sends a notification when a loss of wireless signal strength of a sensor is detected, para. 0040. Malmed et al./Mills et al./Chachek et al. in view of Mattingly et al. are analogous art because they are from the similar problem solving area of virtual inventory. At the time of the invention, it would have been obvious to a person of ordinary skill in the art to add the communication notification of Mattingly et al. to the method of Malmed et al./Mills et al./Chachek et al. in order to obtain sensor communication awareness. The motivation for doing so would be to enable communication awareness. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 16-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Malmed et al. (US 20200201513 A1). Regarding claim 16, Malmed et al. discloses an apparatus, comprising: a camera (para. 0027); a user interface (para. 0128, 0049); a memory (para. 0032); and a processor (para. 0031) configured to execute executable instructions stored in the memory to: maintain a communicative coupling to a plurality of different sensors used to tag a plurality of different objects (Bluetooth® transceivers maintain a communicative coupling to a plurality of different sensors); dynamically inventory the plurality of different objects such that an inventory is updated responsive to identification of an addition of a newly tagged object to the plurality of different objects (Examiner articulates that any tagged items (new or old) would be tracked when introduced to the system); visualize a path of the first object from a first storage location of the first object to a current location of the first object (as shown in figures 5-7, a user can visualize a path from a first shelf storage area to a second shelf storage area); receive a request to locate a first object of the plurality of different objects (a customer using a presentation generator is to go find within a retailer environment, etc. For example, the server 142 may communicate RFID tag data to the presentation generator 102 over the network 144, and the presentation generator 102 may communicate that RFID tag data to the RFID reader 130 to search for the corresponding RFID tag and flag to the presentation generator 102 when the RFID tag has been identified, para. 0029); launch an augmented reality (AR) application responsive to the request (augmented reality displays 600 and 600′ have been generated using augmented reality glasses, such the augmented reality assembly 200); locate the first object using the communicative coupling (providing graphics each indicating a location of a different tracked item, as may be generated by the process of FIG. 4, para. 0006); highlight the first object using the launched AR application (augmented reality display, however, depicts two images, in the form of graphic cones that are shown hovering over the identified location of two RFID tags. A first graphic cone 502 provides a near visualizer, and a second graphic cone 504 provides a far visualizer. Each of the cones 502, 504 are differently sized and positioned within the augmented reality display to indicate the relative location of the RFID tag in the inventory environment 501, para. 0040); and display, via AR, the highlighted first object relative to the plurality of different objects via the user interface (see figures 5 and 6). Regarding claim 17, Malmed et al. discloses the apparatus of claim 16, wherein the camera is an AR camera, and the apparatus further comprises instructions executable to capture and highlight the first object using the AR camera (Virtual Selling Point Generator 125 may generate an ad-hoc virtual selling point, that pops up and is displayed as an Augmented Reality element on the user's phone, as the user is standing at or near a particular product or as the user is on his way towards a particular product. For example, user Adam is walking in the store with his smartphone in AR mode; the system determines his current location as being in immediate proximity to Corn Flakes. At this precise moment, Adam's smartphone may present an overlay AR component of graphics and/or animation and/or voice-over, that is specifically tailored to the Corn Flakes shelf of products. The smartphone of the user may be triggered to launch the AR element of the Virtual Selling Point, para. 0126). Regarding claim 18, Malmed et al. discloses the apparatus of claim 16, wherein the camera is an AR camera and the apparatus further comprising the instructions executable to launch an AR camera responsive to the request to locate the first object (Virtual Selling Point Generator 125 may generate an ad-hoc virtual selling point, that pops up and is displayed as an Augmented Reality element on the user's phone, as the user is standing at or near a particular product or as the user is on his way towards a particular product. For example, user Adam is walking in the store with his smartphone in AR mode; the system determines his current location as being in immediate proximity to Corn Flakes. At this precise moment, Adam's smartphone may present an overlay AR component of graphics and/or animation and/or voice-over, that is specifically tailored to the Corn Flakes shelf of products. The smartphone of the user may be triggered to launch the AR element of the Virtual Selling Point, para. 0126). Regarding claim 19, Malmed et al. discloses the apparatus of claim 16, further comprising the instructions executable to: maintain a communicative coupling to a different sensor used to tag a different object of the plurality of different objects (a location generator 1012 that receives location information from each of the stations 1008 and determines a location of one or more RFID tags (RFID TAG1, RFID TAG2, RFID TAG3) within the environment, para. 0046, figure 10 presentation generator 1002 communicates with a locationing server 1004 through a wireless network 1006; items are detected and tracked by one or both of the presentation generator 1022 and the server 1004 depending on the location of the item.); and display, via AR, the highlighted first object relative to the different object via the user interface (graphic cones that are shown hovering over the identified location of two RFID tags. A first graphic cone 502 provides a near visualizer, and a second graphic cone 504 provides a far visualizer. Each of the cones 502, 504 are differently sized and positioned within the augmented reality display to indicate the relative location of the RFID tag in the inventory environment 501, para. 0040). Regarding claim 20, Malmed et al. discloses the apparatus of claim 16, further comprising the instructions executable to: maintain a communicative coupling to a plurality of different sensors used to tag the plurality of different objects (a location generator 1012 that receives location information from each of the stations 1008 and determines a location of one or more RFID tags (RFID TAG1, RFID TAG2, RFID TAG3) within the environment, para. 0046, figure 10 presentation generator 1002 communicates with a locationing server 1004 through a wireless network 1006; items are detected and tracked by one or both of the presentation generator 1022 and the server 1004 depending on the location of the item.); dynamically inventory the first object and the plurality of different objects such that the inventory is updated responsive to a location change of the first object or a location change of one of the plurality of different objects (Examiner articulates that any tagged items (new or old) would be tracked when within to the system); and display, via AR, the highlighted first object relative to the plurality of different objects via the user interface (graphic cones that are shown hovering over the identified location of two RFID tags. A first graphic cone 502 provides a near visualizer, and a second graphic cone 504 provides a far visualizer. Each of the cones 502, 504 are differently sized and positioned within the augmented reality display to indicate the relative location of the RFID tag in the inventory environment 501, para. 0040). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS J LETT whose telephone number is (571)272-7464. The examiner can normally be reached Mon-Fri 9-6 ET. 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, Tammy Goddard can be reached at (571) 272-7773. 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. /THOMAS J LETT/Primary Examiner, Art Unit 2611
Read full office action

Prosecution Timeline

Feb 19, 2025
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
49%
With Interview (-34.9%)
2y 9m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
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