Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Claims 1-23 are currently pending and have been examined below. This communication is the first action on the merits.
Claim Objections
Claim 11 is objected to because of the following informalities: “a reward platform” in line 1 should be replaced with “the reward platform.” Appropriate correction is required.
Provisional Statutory Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1-23 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-23 of copending Application Numbers 19/070,123; 19/070,039; 19/069,956; 19/069,769; and 19/069,893 (reference applications). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Provisional Non-Statutory Double Patenting
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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/patent/patents-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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1-23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of copending Application No. 18975637 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims recite the same AR reward-discovery system, marketplace system, and marketing method as the reference claims, differing only in obvious respects. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections – 35 U.S.C. 101 – Abstract Idea
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 1-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-11
Per step 1 of the eligibility analysis set forth in MPEP § 2106, subsection III, the claims are directed towards a process, machine, or manufacture.
Per step 2A Prong One, Claim 1 recites specific limitations which fall within at least one of the groupings of abstract ideas enumerated in MPEP 2106.04(a)(2) as follows:
initiating a Reward Experience;
communicating a Reward to the [user];
allowing a user to recognize a[n] object for the purpose of earning a reward; and
wherein the Reward Experience is initiated by an Event Trigger.
As noted above, these limitations fall within at least one of the groupings of abstract ideas enumerated in the MPEP 2106.04(a)(2). Specifically, these limitations fall within the group Certain Methods of Organizing Human Activity (i.e., fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). That is – the limitations recite the idea of providing a reward (e.g., a discount) to a user for locating an object which is commercial interaction / marketing activity that falls within the certain methods of organizing human activities bucket of abstract ideas. Accordingly claim 1 recites an abstract idea.
Per step 2A Prong 2, the Examiner finds that the judicial exception is not integrated into a practical application. Claim 1 recites the additional limitations of:
An AR device;
[the rewards experience is an] AR reward experience;
An AR Event Trigger, in communication with the AR device, for initiating an AR [Reward Experience];
A Reward system, in communication with the AR device; and
wherein the AR Reward Experience system provides an engaging augmented reality for allowing a user to recognize a virtual object using their AR enabled device.
The additional limitations when viewed individually and when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, do not integrate the abstract idea into a practical application because each of the additional elements are recited at high level of generality implementing the abstract idea on a computer (i.e. apply it) or generally linking the use of the judicial exception to a particular technological environment. Specifically:
The AR device is recited at a very high level of generality. The specification [0027] recites that the AR device can be a “smart phone, a tablet, a headset, or other AR enabled hardware.” Therefore, at most the AR device generally links the abstract idea to a particular technological environment (a generic AR device) or use an AR device as a tool to perform the abstract idea.
The term “AR event trigger” is not present in the specification but appears to refer to the “AR trigger.” As noted in the 35 U.S.C. 112(b) rejection it is not clear whether the AR trigger refers to hardware, software, or communicated information, as paragraph [0044] of the published specification recites that “An AR Trigger is shown coupled to the Decision Maker System” which would indicate the AR trigger is hardware. However, paragraph [0044] also recites that “[t]he AR Trigger is a signal sent from the decision maker system to an AR enabled device.” Further, dependent claims 3-5 recite that the event trigger comprises a communication such as an email or SMS. Given that the specification explicitly recites that the AR trigger is a signal, Examiner interprets the AR trigger as a signal/communication alerting the user of the AR experience. Transmitting a communication to an AR device such as a smartphone to start an experience where the experience allows a user to recognize an object using their AR enabled device is recited at a high level of generality. The claim does not recite any specific improvement to AR technology and the AR environment is merely the technological environment in which the reward program operates. Therefore, as AR technology is merely recited at the “apply it” level, these limitations do not integrate the abstract idea into a practical application.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements are recited at high level of generality implementing the abstract idea on a computer (i.e. apply it) or generally linking the use of the judicial exception to a particular technological environment, The same analysis applies here in 2B, i.e., mere instructions to apply an exception in a particular technological environment cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Dependent claims 2-11 merely further narrow the abstract idea and/or generally link the abstract idea to a particular technological environment / apply it and therefore do not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea.
Claim 12
Per step 1 of the eligibility analysis set forth in MPEP § 2106, subsection III, the claims are directed towards a process, machine, or manufacture.
Per step 2A Prong One, Claim 12 recites specific limitations which fall within at least one of the groupings of abstract ideas enumerated in MPEP 2106.04(a)(2) as follows:
triggering [an experience];
launching a reward experience and presenting a selected object to the end user [when the end user locations the selected object];
the end user in engaged in the reward experience after receiving the event trigger;
As noted above, these limitations fall within at least one of the groupings of abstract ideas enumerated in the MPEP 2106.04(a)(2). Specifically, these limitations fall within the group Certain Methods of Organizing Human Activity (i.e., fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). That is – the limitations recite the idea of offering a reward (e.g., a discount) to a user who locates a preselected object which is commercial interaction / marketing activity that falls within the certain methods of organizing human activities bucket of abstract ideas. Accordingly claim 12 recites an abstract idea.
Per step 2A Prong 2, the Examiner finds that the judicial exception is not integrated into a practical application. Claim 12 recites the additional limitations of:
An event trigger for triggering the AR enabled device;
the AR enabled device, for receiving the trigger;
software, executing on the AR enabled device;
provides a thru view of the world in front of the AR enabled device;
presents a selected object when the AR enabled device is pointed at a preselected virtual position relative to the end user and the end user locates the selected object within the thru view.
The additional limitations when viewed individually and when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, do not integrate the abstract idea into a practical application because each of the additional elements are recited at high level of generality implementing the abstract idea on a computer (i.e. apply it) or generally linking the use of the judicial exception to a particular technological environment. Specifically:
The AR enabled device is recited at a very high level of generality. The specification [0027] recites that the AR device can be a “smart phone, a tablet, a headset, or other AR enabled hardware.” Therefore, at most the AR device generally links the abstract idea to a particular technological environment (a generic AR device) or use an AR device as a tool to perform the abstract idea.
The term “AR event trigger” is not present in the specification but appears to refer to the “AR trigger.” As noted in the 35 U.S.C. 112(b) rejection it is not clear whether the AR trigger refers to hardware, software, or communicated information, as paragraph [0044] of the published specification recites that “An AR Trigger is shown coupled to the Decision Maker System” which would indicate the AR trigger is hardware. However, paragraph [0044] also recites that “[t]he AR Trigger is a signal sent from the decision maker system to an AR enabled device.” Given that the specification explicitly recites that the AR trigger is a signal, Examiner interprets the AR trigger as a signal/communication alerting the user of the AR experience. Transmitting a communication to an AR device such as a smartphone to start an experience where the experience allows a user to point the AR enabled device as a position and view a selected object is recited at a high level of generality. The claim does not recite any specific improvement to AR technology and the AR environment is merely the technological environment in which the reward program operates. Therefore, as AR technology is merely recited at the “apply it” level, these limitations do not integrate the abstract idea into a practical application.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements are recited at high level of generality implementing the abstract idea on a computer (i.e. apply it) or generally linking the use of the judicial exception to a particular technological environment, The same analysis applies here in 2B, i.e., mere instructions to apply an exception in a particular technological environment cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claims 13-19
Per step 1 of the eligibility analysis set forth in MPEP § 2106, subsection III, the claims are directed towards a process, machine, or manufacture.
Per step 2A Prong One, Claim 13 recites specific limitations which fall within at least one of the groupings of abstract ideas enumerated in MPEP 2106.04(a)(2) as follows:
creating a marketing campaign;
defining a set of rewards within the marketing campaign, the rewards selected for users that complete the marketing campaign;
initiating a Reward Experience utilizing an event trigger;
upon completion of the Reward Experience, awarding a reward from the set of rewards to an end user that completes the marketing campaign; and
wherein the marketing campaign engages the end user thereby creating an effective marketing campaign.
As noted above, these limitations fall within at least one of the groupings of abstract ideas enumerated in the MPEP 2106.04(a)(2). Specifically, these limitations fall within the group Certain Methods of Organizing Human Activity (i.e., fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). That is – the limitations recite the idea of creating a marketing campaign, defining rewards, engaging the user, rewarding the user when the user completes the marketing campaign which is commercial interaction / marketing activity that falls within the certain methods of organizing human activities bucket of abstract ideas. Accordingly claim 13 recites an abstract idea.
Per step 2A Prong 2, the Examiner finds that the judicial exception is not integrated into a practical application. Claim 13 recites the additional limitations of:
[marketing campaign] within the AR system;
[the reward experience is an] AR reward experience.
The additional limitations when viewed individually and when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, do not integrate the abstract idea into a practical application because each of the additional elements are recited at high level of generality implementing the abstract idea on a computer (i.e. apply it) or generally linking the use of the judicial exception to a particular technological environment. Specifically:
The AR system and AR reward experience are recited at a high level of generality and merely generally ink the abstract idea to a particular technological environment or use the generic AR system as a tool to perform the abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements are recited at high level of generality implementing the abstract idea on a computer (i.e. apply it) or generally linking the use of the judicial exception to a particular technological environment, The same analysis applies here in 2B, i.e., mere instructions to apply an exception in a particular technological environment cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Dependent claims 14-19 merely further narrow the abstract idea and/or generally link the abstract idea to a particular technological environment / apply it and therefore do not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea.
Claims 20-23
Per step 1 of the eligibility analysis set forth in MPEP § 2106, subsection III, the claims are directed towards a process, machine, or manufacture.
Per step 2A Prong One, Claim 20 recites specific limitations which fall within at least one of the groupings of abstract ideas enumerated in MPEP 2106.04(a)(2) as follows:
create a Reward Campaign [for at least one user];
utilizes an event trigger to initiate the reward experience;
communicating a reward; and
allowing a user to recognize an object overlayed in a physical location for the purpose of earning a monetary reward.
As noted above, these limitations fall within at least one of the groupings of abstract ideas enumerated in the MPEP 2106.04(a)(2). Specifically, these limitations fall within the group Certain Methods of Organizing Human Activity (i.e., fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). That is – the limitations recite the idea of providing a monetary reward (e.g., a discount) to a user for recognizing an object in a physical location which is commercial interaction / marketing activity that falls within the certain methods of organizing human activities bucket of abstract ideas. Accordingly claim 20 recites an abstract idea.
Per step 2A Prong 2, the Examiner finds that the judicial exception is not integrated into a practical application. Claim 20 recites the additional limitations of:
an AR enabled device;
A Decision Maker System, in communication with the AR enabled device, the Decision Maker System configured to [create a Reward Campaign] for the AR enabled device;
A Reward Platform, in communication with the Decision Maker System and the AR enabled device; and
a virtual object overlayed in a physical location using their AR enabled device.
The additional limitations when viewed individually and when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, do not integrate the abstract idea into a practical application because each of the additional elements are recited at high level of generality implementing the abstract idea on a computer (i.e. apply it) or generally linking the use of the judicial exception to a particular technological environment. Specifically:
The AR enabled device is recited at a very high level of generality. The specification [0027] recites that the AR device can be a “smart phone, a tablet, a headset, or other AR enabled hardware.” Therefore, at most the AR device generally links the abstract idea to a particular technological environment (a generic AR device) or use an AR device as a tool to perform the abstract idea.
The decision maker system and reward platform are recited at a high level of generality. Paragraph [0043] of the specification recites that “the decision maker system can be a computer, a tablet, a phone, etc., in combination with the AR reward software” and the reward platform is merely generic hardware/software to communicate a reward to a user.
The use of an AR device to overlay a virtual object in a physical location describes AR functionality at a high level of generality and merely generally links the abstract idea to a particular technological environment or merely utilizes a generic AR device as a tool to perform the abstract idea. Therefore, as AR technology is merely recited at the “apply it” level, these limitations do not integrate the abstract idea into a practical application.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements are recited at high level of generality implementing the abstract idea on a computer (i.e. apply it) or generally linking the use of the judicial exception to a particular technological environment, The same analysis applies here in 2B, i.e., mere instructions to apply an exception in a particular technological environment cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Dependent claims 21-23 merely further narrow the abstract idea and/or generally link the abstract idea to a particular technological environment / apply it and therefore do not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea.
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-12 and 20-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “their AR enabled device” in line 8. It is not clear whether “their AR enabled device” refers to “an AR device” in line 2 or a different device. For purposes of applying prior art Examiner will interpret “their AR enabled device” as referring to any AR enabled device. Examiner will also interpret references to “the AR enabled device” in the dependent claims as referring to “their AR enabled device” in claim 1. Claims 2-11 are rejected by virtue of their dependency on independent claim 1.
Claim 1 recites the limitation "the AR reward experience system" in line 7. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this limitation refers to “a reward system” in line 5 or a different system. For purposes of applying prior art Examiner will interpret “the AR Reward experience system” as referring to any system that provides the AR reward experience. Claims 2-11 are rejected by virtue of their dependency on independent claim 1. Claims 2-11 are rejected by virtue of their dependency on independent claim 1.
Claim 1 recites “an AR event trigger, in communication with the AR device” which suggests the AR event trigger is hardware or software that can communicate with the AR device. Further, paragraph [0044] of the published specification sates that “[a]n AR Trigger is shown coupled to the Decision Maker System for sending an AR Trigger to an AR Experience” suggesting that the AR event trigger is hardware. However, paragraph [0044] also recites that “[t]he AR Trigger is a signal sent from the decision maker system to an AR enabled device.” And, dependent claim 2 recites that “the event trigger comprises a communication.” If “the event trigger” in claim 2 refers to “an AR event trigger”, it is unclear how “the event trigger” can both itself be a communication and also be “in communication” with the AR device. If “the event trigger” is distinct from “an AR event trigger”, then “the event trigger” lacks antecedent basis. For purposes of applying prior art, Examiner will interpret the AR event trigger / event trigger as a communication/signal which is consistent with paragraph [0044] of Applicant’s published specification. Claims 2-11 are rejected by virtue of their dependency on independent claim 1.
Claim 9 recites the limitation "the second software" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the decision maker system" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claims 11 is rejected by virtue of its dependency on dependent claim 10.
Claim 12 recites the limitation "the end user" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation “the AR Reward Experience” in line 6. There is insufficient antecedent basis for this limitation in the claim. Claims 21-23 are rejected by virtue of their dependency on independent claim 20.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: a reward system . . . for communicating in claim 1; a decision maker system . . . configured to create in claim 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 1-3, 7, 9, 12, and 20-23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Application Publication Number 20240075379 (“Aldridge”).
Claim 1
As per claim 1, Aldridge teaches An Event Triggered Augmented Reality (AR) Reward Experience system, comprising:
An AR device ([0029] “a client device s preferably a portable wireless device that can be carried by a player, such as a smartphone, portable gaming device, augmented reality (AR) headset.” And, [0038] “displaying virtual elements on a transparent display of an AR headset.”);
An AR Event Trigger, in communication with the AR device, for initiating an AR Reward
Experience ([0003] “local virtual events may be automatically triggered during game play based on one or more corresponding predetermined starting conditions being met.” And, [0038] “displaying virtual elements on a transparent display of an AR headset.” And, [0055] “compare the received first activity data with the data corresponding to the predetermined starting conditions for the different types of local virtual events that can be triggered by the game server.” And, [0061] “the notification module may transmit to the identified players a notification (e.g., visual notification, vibratory notification, audible notification, other notification) that the given type of local virtual event has been triggered and that it is about to start.” And, [0027] “a game server communicates with a client device over a network to provide a parallel reality game to a player at the client device.” And, [0066] “virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.” And, [0019] “To capture these virtual elements, a player travels to the landmark or geographic locations linked to the virtual elements in the real world and performs any necessary interactions (as defined by the game's rules) with the virtual elements in the virtual world.” And, [0033] “the gaming module presents images of the real world (e.g., captured by the camera assembly) augmented with virtual elements from the parallel reality game.” And, [0056] “the player must capture a predetermined number and/or type of virtual items or objects.” Examiner interprets triggering an event including a game where users are rewarding for capturing virtual objects as an AR Event Trigger for initiating an AR reward experience.);
A Reward system, in communication with the AR device, for communicating a Reward
to the AR device ([0066] “the local virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward . . . the tracking module may track . . . current number of virtual objects captured (individually and/or collectively) . . . virtual reward information.” And, [0068] “if prior to the end of the set duration of the local virtual event, the game objective of the local virtual event is determined to be met by the second activity analysis module, the notification module may notify the group of client devices that the goal of the local event has been achieved, and the corresponding achievement tracking data may be presented to the client devices of the group of players of the local virtual event.” And, [0025] “players can accumulate a virtual currency or another virtual reward (e.g., virtual tokens, virtual points, virtual material resources, etc.).”);
wherein the AR Reward Experience system provides an engaging augmented reality for allowing a user to recognize a virtual object using their AR enabled device, for the purpose of earning a reward ([0066] “virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.” And, [0019] “To capture these virtual elements, a player travels to the landmark or geographic locations linked to the virtual elements in the real world and performs any necessary interactions (as defined by the game's rules) with the virtual elements in the virtual world.” And, [0033] “the gaming module presents images of the real world (e.g., captured by the camera assembly) augmented with virtual elements from the parallel reality game.” And, [0031] “The camera assembly includes one or more cameras which can capture image data. The cameras capture image data describing a scene of the environment surrounding the client device with a particular pose (the location and orientation of the camera within the environment).” And, [0038]. And, [0054] “performing a predetermined action (e.g., image capture at a predetermined real-world location or of a predetermined real-world object) using the client device.” Examiner interprets the user “capturing” the virtual object in the parallel reality game that includes the real world augmented with virtual elements as recognizing a virtual object using an AR enabled device for the purpose of earning a reward.);
wherein the AR Reward Experience is initiated by an AR Event Trigger ([0003] “local virtual events may be automatically triggered during game play based on one or more corresponding predetermined starting conditions being met.” And, [0055] “compare the received first activity data with the data corresponding to the predetermined starting conditions for the different types of local virtual events that can be triggered by the game server.” And, [0061] “the notification module may transmit to the identified players a notification (e.g., visual notification, vibratory notification, audible notification, other notification) that the given type of local virtual event has been triggered and that it is about to start.” And, [0027] “a game server communicates with a client device over a network to provide a parallel reality game to a player at the client device.” And, [0066] “virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.” And, [0019] “To capture these virtual elements, a player travels to the landmark or geographic locations linked to the virtual elements in the real world and performs any necessary interactions (as defined by the game's rules) with the virtual elements in the virtual world.” And, [0033] “the gaming module presents images of the real world (e.g., captured by the camera assembly) augmented with virtual elements from the parallel reality game.” And, [0056] “the player must capture a predetermined number and/or type of virtual items or objects.”).
Claim 2
As per claim 2, Aldridge further teaches:
wherein the AR enabled device comprises: a cell phone; a tablet; or AR goggles ([0029] “a client device s preferably a portable wireless device that can be carried by a player, such as a smartphone, portable gaming device, augmented reality (AR) headset.” And, [0038] “displaying virtual elements on a transparent display of an AR headset.”).
Claim 3
As per claim 3, Aldridge further teaches:
wherein the Event Trigger comprises: a communication from the AR Reward Experience system to the AR enabled device ([0005] “the predetermined starting condition for a given local virtual event may become satisfied . . . as a result, the identified number of similarly-located players may get notifications inviting them to join an implicit social event that is about to start and indicating a time at which the event is going to start. The notification may further specify the game objectives.” And, [0059] “notification module may be configured to notify a plurality of client devices that have satisfied the predetermined starting condition for the given type of local virtual event.” And, [0061] “the notification module may transmit to the identified players a notification (e.g., visual notification, vibratory notification, audible notification, other notification) that the given type of local virtual event has been triggered and that it is about to start.”).
Claim 7
As per claim 7, Aldridge further teaches:
wherein the communication results from entering a geofence And, [0059] “notification module may be configured to notify a plurality of client devices that have satisfied the predetermined starting condition for the given type of local virtual event.” And, [0004] “the predetermined starting condition for triggering a given type of local virtual event may specify that a number of active similarly-located players in a same physical location in the real world (e.g., a number of active player devices within a predetermined real-world area corresponding to a predetermined virtual element and within a predetermined range from the virtual element.” Examiner interprets being within a predetermined range from the virtual element as a geofence and notes that this trigger condition can result in a notification. Examiner notes this feature is also explicitly taught by Seshadri paragraphs [0035] and [0039] but Seshadri is not relied on here.).
Claim 9
As per claim 9, Aldridge further teaches:
wherein the Second Software comprises an application on an AR enabled device ([0024] “accessing an application associated with the parallel reality game on a smartphone and moving about in the real world with the smartphone.”).
Claim 12
As per claim 12, Aldridge teaches a marketplace system for providing an Event Trigger to an AR enabled device, comprising:
an Event Trigger, for triggering an AR enabled device ([0003] “local virtual events may be automatically triggered during game play based on one or more corresponding predetermined starting conditions being met.” [0038] “displaying virtual elements on a transparent display of an AR headset.” And, [0055] “compare the received first activity data with the data corresponding to the predetermined starting conditions for the different types of local virtual events that can be triggered by the game server.” And, [0061] “the notification module may transmit to the identified players a notification (e.g., visual notification, vibratory notification, audible notification, other notification) that the given type of local virtual event has been triggered and that it is about to start.” And, [0027] “a game server communicates with a client device over a network to provide a parallel reality game to a player at the client device.);
the AR enabled device, for receiving the trigger ([0003] “local virtual events may be automatically triggered during game play based on one or more corresponding predetermined starting conditions being met.” [0038] “displaying virtual elements on a transparent display of an AR headset.” And, [0055] “compare the received first activity data with the data corresponding to the predetermined starting conditions for the different types of local virtual events that can be triggered by the game server.” And, [0061] “the notification module may transmit to the identified players a notification (e.g., visual notification, vibratory notification, audible notification, other notification) that the given type of local virtual event has been triggered and that it is about to start.” And, [0027] “a game server communicates with a client device over a network to provide a parallel reality game to a player at the client device.);
software, executing on the AR enabled device, for launching an AR Reward Experience ([0030] “the client device includes a camera assembly, a gaming module . . . the client device may include different or additional components, such as additional sensors, display, and software modules.” And, [0033] “the gaming module presents images of the real world (e.g., captured by the camera assembly) augmented with virtual elements from the parallel reality game.” And, [0027] “provide a parallel reality game to a player at the client device.” And, [0066] “the local virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.” And, [0025] “players can accumulate a virtual currency or another virtual reward (e.g., virtual tokens, virtual points, virtual material resources, etc.).”);
provides a thru view of the world in front of the AR enabled device ([0038] “the localization model can determine an accurate . . determination of the position and orientation of the client device. The position of the client device can then be tracked over time . . . Having an accurate pose for the client device may enable the game module to present virtual content overlaid on images of the real world (e.g., by displaying virtual elements in conjunction with a real-time feed from the camera assembly on a display) or the real world itself (e.g., by displaying virtual elements on a transparent display of an AR headset) in a manner that gives the impression that the virtual objects are interacting with the real world.” Examiner interprets the virtual content overlaid on the real-time feed of the camera as a thru view of the world in front of the AR enabled device.);
presents a selected object to the end user when the AR enabled device is pointed at a preselected virtual position relative to the end user ([0038] “present virtual content overlaid on images of the real world (e.g., by displaying virtual elements in conjunction with a real-time feed from the camera assembly on a display) or the real world itself (e.g., by displaying virtual elements on a transparent display of an AR headset) in a manner that gives the impression that the virtual objects are interacting with the real world” where the example of provided of “a virtual hat may be placed on a real statue.” Examiner interprets a virtual hat on a real statue in the augmented reality view as an example of a selected object presented to the end user when the AR enabled device is pointed at a preselected virtual position (i.e. the statue). And, [0031] “The cameras capture image data describing a scene of the environment surrounding the client device with a particular pose (the location and orientation of the camera within the environment).” And, [0033] “the gaming module may adjust a virtual object to be displayed on the user interface according to a depth map of the scene captured in the image data.” And, [0019] “To capture these virtual elements, a player travels to the landmark or geographic locations linked to the virtual elements in the real world and performs any necessary interactions. . . with the virtual elements in the virtual world . . . The interaction with the virtual element can require action in the real world, such as taking a photograph.” And, [0033] “the gaming module presents images of the real world (e.g., captured by the camera assembly) augmented with virtual elements from the parallel reality game.”);
presents a Reward to the end user when the end user locates the selected object within the thru view ([0038] “present virtual content overlaid on images of the real world (e.g., by displaying virtual elements in conjunction with a real-time feed from the camera assembly on a display).” And, [0066] “virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.” And, [0068] “the second activity analysis module may be configured to update the game data for the players to apply the virtual reward.” [0019] “To capture these virtual elements, a player travels to the landmark or geographic locations linked to the virtual elements in the real world and performs any necessary interactions. . . with the virtual elements in the virtual world . . . The interaction with the virtual element can require action in the real world, such as taking a photograph.” And, [0023] “The user interface can also display . . . game data.”);
wherein the end user is engaged in the AR Reward Experience after receiving the Event Trigger [0003] “local virtual events may be automatically triggered during game play based on one or more corresponding predetermined starting conditions being met.” And, [0055] “compare the received first activity data with the data corresponding to the predetermined starting conditions for the different types of local virtual events that can be triggered by the game server.” And, [0061] “the notification module may transmit to the identified players a notification (e.g., visual notification, vibratory notification, audible notification, other notification) that the given type of local virtual event has been triggered and that it is about to start.”” And, [0066] “virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.” And, [0033] “the gaming module presents images of the real world (e.g., captured by the camera assembly) augmented with virtual elements from the parallel reality game.”).
Claim 20
As per claim 20, Aldridge teaches an augmented Reality (AR) Reward Experience system, comprising:
an AR enabled device ([0029] “a client device s preferably a portable wireless device that can be carried by a player, such as a smartphone, portable gaming device, augmented reality (AR) headset.” And, [0038] “displaying virtual elements on a transparent display of an AR headset.”);
A Decision Maker System, in communication with the AR enabled device, the Decision Maker System configured to create a Reward Campaign for at least one AR enabled device; wherein the Decision Maker system utilizes an Event Trigger to initiate the AR Reward Experience with the AR enabled device ([0044] “the game server includes . . . the commercial game module can receive requests from external systems such as sponsors/advertisers, businesses . . . to include game features linked with commercial activity in the real world. The commercial game module can then arrange for the inclusion of these game features in the parallel reality game on confirming the linked commercial activity has occurred.” And, [0003] “local virtual events may be automatically triggered during game play based on one or more corresponding predetermined starting conditions being met.” And, [0038] “displaying virtual elements on a transparent display of an AR headset.” And, [0055] “compare the received first activity data with the data corresponding to the predetermined starting conditions for the different types of local virtual events that can be triggered by the game server.” And, [0061] “the notification module may transmit to the identified players a notification (e.g., visual notification, vibratory notification, audible notification, other notification) that the given type of local virtual event has been triggered and that it is about to start.” And, [0027] “a game server communicates with a client device over a network to provide a parallel reality game to a player at the client device.” And, [0066] “virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.”);
A Reward Platform, in communication with the Decision Maker System and the AR enabled device, for communicating a Reward to the AR enabled device (([0038] “present virtual content overlaid on images of the real world (e.g., by displaying virtual elements in conjunction with a real-time feed from the camera assembly on a display).” And, [0066] “virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.” And, [0068] “the second activity analysis module may be configured to update the game data for the players to apply the virtual reward.” [0019] “To capture these virtual elements, a player travels to the landmark or geographic locations linked to the virtual elements in the real world and performs any necessary interactions. . . with the virtual elements in the virtual world . . . The interaction with the virtual element can require action in the real world, such as taking a photograph.” And, [0023] “The user interface can also display . . . game data.”);
wherein the AR Reward Experience system provides an engaging augmented reality for allowing a user to recognize a virtual object overlayed in a physical location using their AR enabled device, for the purpose of earning a monetary reward ([0066] “virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.” And, [0019] “To capture these virtual elements, a player travels to the landmark or geographic locations linked to the virtual elements in the real world and performs any necessary interactions (as defined by the game's rules) with the virtual elements in the virtual world.” And, [0033] “the gaming module presents images of the real world (e.g., captured by the camera assembly) augmented with virtual elements from the parallel reality game.” And, [0031] “The camera assembly includes one or more cameras which can capture image data. The cameras capture image data describing a scene of the environment surrounding the client device with a particular pose (the location and orientation of the camera within the environment).” And, [0054] “performing a predetermined action (e.g., image capture at a predetermined real-world location or of a predetermined real-world object) using the client device.” And, [0025] “layers can accumulate a virtual currency or another virtual reward (e.g., virtual tokens, virtual points, virtual material resources, etc.) that can be used throughout the game (e.g., to purchase in-game items.)” And, And [0003] “increase player engagement by incorporating into the user experience, spontaneous viral moments (e.g., local virtual events, implicit social events) that a player may choose to participate in during game play.” And, [0003] “increase the level of engagement or interest of the player in the parallel reality game and increase the amount of time the player wishes to spend playing the parallel reality game.”).
Claim 23
As per claim 23, Aldridge further teaches:
wherein the Event Trigger is sent to the AR enabled device when the AR enabled device enters a geofence ([0059] “notification module may be configured to notify a plurality of client devices that have satisfied the predetermined starting condition for the given type of local virtual event.” And, [0004] “the predetermined starting condition for triggering a given type of local virtual event may specify that a number of active similarly-located players in a same physical location in the real world (e.g., a number of active player devices within a predetermined real-world area corresponding to a predetermined virtual element and within a predetermined range from the virtual element.” Examiner interprets being within a predetermined range from the virtual element as a geofence and notes that this trigger condition can result in a notification. Examiner notes this feature is also explicitly taught by Seshadri paragraphs [0035] and [0039] but Seshadri is not relied on here.).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 5, 8, 10-11, 13-19, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication Number 20240075379 (“Aldridge”) as applied to claim 3 and 20 above, and in further view of US Patent Application Publication Number 20190340631 (“Seshadri”).
Claim 4
As per claim 4, Aldridge teaches the communication but does not explicitly teach the following feature taught by Seshadri:
wherein the communication is an email ([0028] “the user may interact with the game platform or the game application , as depicted in FIG. 3, by viewing a message indicating the availability of a sponsored game. As illustrated, a current offer 180 may be displayed to the user, indicating that a nearby merchant is hosting a game and the possible value of an award associated with completion of the game. A previous offer may be displayed in this depiction of messages being received at text (SMS) messages.” And, [0045] “The notification may be displayed via the game itself or may be sent via another message service, such as a text message or email.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify Aldridge to include wherein the communication is an email as taught by Seshadri in order to create “an effective system for targeting, selecting, and implementing customer and potential customer interactions that has not been available previously and that targets an audience not typically reached by traditional print and broadcast advertising” (Seshadri [0049]).
Claim 5
As per claim 5, Aldridge teaches the communication but does not explicitly teach the following feature taught by Seshadri:
wherein the communication is an SMS message ([0028] “the user may interact with the game platform 102 or the game application 130, as depicted in FIG. 3, by viewing a message indicating the availability of a sponsored game. As illustrated, a current offer 180 may be displayed to the user, indicating that a nearby merchant is hosting a game and the possible value of an award associated with completion of the game. A previous offer may be displayed in this depiction of messages being received at text (SMS) messages.” And, [0045] “The notification may be displayed via the game itself or may be sent via another message service, such as a text message or email.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify Aldridge to include wherein the communication is an SMS message as taught by Seshadri in order to create “an effective system for targeting, selecting, and implementing customer and potential customer interactions that has not been available previously and that targets an audience not typically reached by traditional print and broadcast advertising” (Seshadri [0049]).
Claim 8
As per claim 8, Aldridge teaches the communication but does not explicitly teach the following feature taught by Seshadri:
wherein the communication results from a retail space that has the AR Reward Experience ([0025] “As the computing device enters a predetermined geographic region around a merchant location, the game platform may send a signal to the computing device indicating to the user of the computing device that a participating merchant is in the vicinity of the merchant location.” And, [0042] “The activation of the game may be . . . after the computing device enters the location.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify Aldridge to include wherein the communication results from a retail space that has the AR Reward Experience as taught by Seshadri in order to “provide a tangible experience to a person that motivates that person to enter a structure for the purpose of gameplay that when successfully concluded, results in a material award for the person” (Seshadri [0037]).
Claim 10
As per claim 10, Aldridge does not explicitly teach but Seshadri teaches:
a Reward Platform, coupled to the Decision Maker System, for creating rewards for the AR Reward Experience ([0034] “a merchant interface for specifying awards and game selection. The merchant interface may present user interface elements exposed by the merchant API hosted at the game platform . . . the merchant interface may use a client application at the merchant server.” And, [0015] “A merchant associated with the retail environment may access the gaming system to specify game attributes and awards. The game platform, that is, a game server or cloud instance supporting the game platform may interact with both the merchant and a computing device used by the consumer to play the game and redeem awards.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify Aldridge to include a Reward Platform, coupled to the Decision Maker System, for creating rewards for the AR Reward Experience as taught by Seshadri in order to “provide a tangible experience to a person that motivates that person to enter a structure for the purpose of gameplay that when successfully concluded, results in a material award for the person” (Seshadri [0037]).
Claim 11
As per claim 11, Aldridge does not explicitly teach but Seshadri teaches:
an interface for creating a plurality of Rewards for a particular campaign ([0034] “a merchant interface for specifying awards and game selection. The merchant interface may present user interface elements exposed by the merchant API hosted at the game platform . . . the merchant interface may use a client application at the merchant server.” And, [0015] “A merchant associated with the retail environment may access the gaming system to specify game attributes and awards.” And, [0015] “The attributes and awards may be created and adjusted using a user interface which may be specifically created to make the set up and adjustment process efficient and effective.” And, [0020] “The merchant API may expose calls or methods that allow the merchant to specify various aspects of ustomer/user experience including award offers and amount, award conditions, as well as game play requirements and game features.”).
Aldridge does not explicitly teach but Seshadri teaches:
a database for storing each of the plurality of Rewards for the particular campaign ([0018] “An offers database may store past award offers as well as current and planned offers. A user database may store information about user preferences, previous participation in games and offers, previous awards, etc. When an offer is made to a user, the offer may be selected from the offers database.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify the combination of Aldridge and Seshadri to include an interface for creating a plurality of Rewards for a particular campaign and a database for storing each of the plurality of Rewards for the particular campaign as taught by Seshadri so that “awards may be created and adjusted using a user interface which may be specifically created to make the set up and adjustment process efficient and effective” (Seshadri [0015]).
Claim 13
As per claim 13, Aldridge teaches a marketing method for engaging a user in a marketing campaign, the marketing campaign utilizing an Augmented Reality (AR) system, the method comprising: creating a marketing campaign within the AR system ([0044] “commercial game module can receive requests from external systems such as sponsors/advertisers, businesses . . . to include game features linked with commercial activity in the real world” and “arrange for the inclusion of these game features in the parallel reality game on confirming the linked commercial activity has occurred. For example, if a business pays the provider of the parallel reality game an agreed upon amount, a virtual object identifying the business may appear in the parallel reality game at a virtual location” And, [0033] “the gaming module presents images of the real world (e.g., captured by the camera assembly) augmented with virtual elements from the parallel reality game.” And, [0038] “displaying virtual elements on a transparent display of an AR headset.”);
initiating an AR Reward Experience utilizing an event trigger ([0003] “local virtual events may be automatically triggered during game play based on one or more corresponding predetermined starting conditions being met.” And, [0055] “compare the received first activity data with the data corresponding to the predetermined starting conditions for the different types of local virtual events that can be triggered by the game server.” And, [0061] “the notification module may transmit to the identified players a notification (e.g., visual notification, vibratory notification, audible notification, other notification) that the given type of local virtual event has been triggered and that it is about to start.” And, [0027] “a game server communicates with a client device over a network to provide a parallel reality game to a player at the client device.” And, [0066] “virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.” And, [0019] “To capture these virtual elements, a player travels to the landmark or geographic locations linked to the virtual elements in the real world and performs any necessary interactions (as defined by the game's rules) with the virtual elements in the virtual world.” And, [0033] “the gaming module presents images of the real world (e.g., captured by the camera assembly) augmented with virtual elements from the parallel reality game.” And, [0056] “the player must capture a predetermined number and/or type of virtual items or objects.”);
Upon completion of the AR Reward Experience, awarding a reward to an end user that completes the marketing campaign ([0038] “present virtual content overlaid on images of the real world (e.g., by displaying virtual elements in conjunction with a real-time feed from the camera assembly on a display).” And, [0066] “virtual event may have as its game objective, that the identified group of similarly-located players (collectively or individually) capture within the play zone of the event, a predetermined number of (access-controlled, local virtual event-specific) virtual objects within a predetermined time period so that each participating player can win a virtual reward.” And, [0068] “the second activity analysis module may be configured to update the game data for the players to apply the virtual reward.” [0019] “To capture these virtual elements, a player travels to the landmark or geographic locations linked to the virtual elements in the real world and performs any necessary interactions. . . with the virtual elements in the virtual world . . . The interaction with the virtual element can require action in the real world, such as taking a photograph.” And, [0023] “The user interface can also display . . . game data.”);
wherein the marketing campaign engages the end user utilizing the AR system, thereby creating an effective marketing campaign ([0044] “commercial game module can receive requests from external systems such as sponsors/advertisers, businesses . . . to include game features linked with commercial activity in the real world” and “arrange for the inclusion of these game features in the parallel reality game on confirming the linked commercial activity has occurred. For example, if a business pays the provider of the parallel reality game an agreed upon amount, a virtual object identifying the business may appear in the parallel reality game at a virtual location” And [0003] “increase player engagement by incorporating into the user experience, spontaneous viral moments (e.g., local virtual events, implicit social events) that a player may choose to participate in during game play.” And, [0003] “increase the level of engagement or interest of the player in the parallel reality game and increase the amount of time the player wishes to spend playing the parallel reality game.”);
Aldridge teaches rewards for capturing virtual events and marketing campaign in the form of businesses appearing in the augmented reality came but does not explicitly the following feature taught by Seshadri:
defining a set of rewards within the marketing campaign, the rewards selected for users that complete the marketing campaign ([0015] “A merchant associated with the retail environment may access the gaming system to specify game attributes and awards . . . The attributes and awards may be created and adjusted using a user interface which may be specifically created to make the set up and adjustment process efficient and effective.” And, [0034] “merchant interface for specifying awards and game selection.”);
Aldridge teaches providing the user the rewards but does not explicitly the following feature taught by Seshadri:
[awarding a reward] from the set of rewards ([0032] “a completion notification and an instruction related to redeeming the award. The successful completion of the game may qualify the user for an award.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify the Aldridge to include defining a set of rewards within the marketing campaign, the rewards selected for users that complete the marketing campaign [awarding a reward] from the set of rewards as taught by Seshadri so that “awards may be created and adjusted using a user interface which may be specifically created to make the set up and adjustment process efficient and effective” (Seshadri [0015]).
Claim 14
As per claim 14, Aldridge further teaches:
creating a plurality of objects to be utilized within the AR Reward Experience, the objects selected for display overlays on a thru screen to an AR enabled device ([0064] “game design may grant exclusive access to access-controlled game content (e.g., virtual elements or objects.” And, [0033] “the gaming module may generate or adjust virtual content.” And, [0038] “enable the game module to present virtual content overlaid on images of the real world . . . or the real world itself (e.g., by displaying virtual elements on a transparent display of an AR headset) in a manner that gives the impression that the virtual objects are interacting with the real world. For example . . . a virtual hat may be placed on a real statue.”);
defining a location for the display overlays that are relative to the AR enabled device for display on the thru screen of the AR enabled device ([0056] “a predetermined virtual element or object or item that is located at a predetermined virtual location in the virtual world and that corresponds to a predetermined location (e.g., a landmark in a park, a stadium, a farmer's market, and the like) in the real world, (2) a predetermined range (e.g., 50 meters) that is defined relative to the predetermined virtual element/object/item in the virtual world and/or relative to the corresponding predetermined location in the real world.” And, [0038] “enable the game module to present virtual content overlaid on images of the real world . . . or the real world itself (e.g., by displaying virtual elements on a transparent display of an AR headset) in a manner that gives the impression that the virtual objects are interacting with the real world. For example . . . a virtual hat may be placed on a real statue.”).
Claim 15
As per claim 15, Aldridge further teaches:
wherein the step of defining a location for the display overlays, places the display overlays in a specific geo location, for identifying on the thru screen of the AR enabled device ([0056] “a predetermined virtual element or object or item that is located at a predetermined virtual location in the virtual world and that corresponds to a predetermined location (e.g., a landmark in a park, a stadium, a farmer's market, and the like) in the real world, (2) a predetermined range (e.g., 50 meters) that is defined relative to the predetermined virtual element/object/item in the virtual world and/or relative to the corresponding predetermined location in the real world.” And, [0038] “enable the game module to present virtual content overlaid on images of the real world . . . or the real world itself (e.g., by displaying virtual elements on a transparent display of an AR headset) in a manner that gives the impression that the virtual objects are interacting with the real world. For example . . . a virtual hat may be placed on a real statue.”).
Claim 16
As per claim 16, Aldridge does not explicitly teach but Seshadri teaches:
wherein the step of defining comprises establishing a percentage discount to be applied on a purchase ([0014] “The award may include a discount on a purchase.” And, [0026] “the award, such as a discount or cash back, may be tied to the purchase of a specific product.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify the combination of Aldridge and Seshadri to include wherein the step of defining comprises establishing a percentage discount to be applied on a purchase as taught by Seshadri so that “awards may be created and adjusted using a user interface which may be specifically created to make the set up and adjustment process efficient and effective” (Seshadri [0015]).
Claim 17
As per claim 17, Aldridge does not explicitly teach but Seshadri teaches:
wherein the step of defining comprises establishing a percentage discount to be applied to a purchase of a pre selected item ([0014] “The award may include a discount on a purchase.” And, [0026] “the award, such as a discount or cash back, may be tied to the purchase of a specific product.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify the combination of Aldridge and Seshadri to include wherein the step of defining comprises establishing a percentage discount to be applied to a purchase of a pre selected item as taught by Seshadri so that “awards may be created and adjusted using a user interface which may be specifically created to make the set up and adjustment process efficient and effective” (Seshadri [0015]).
Claim 18
As per claim 18, Aldridge does not explicitly teach but Seshadri teaches:
wherein the step of defining comprises establishing a gift for the end user (0015] “A merchant associated with the retail environment may access the gaming system to specify game attributes and awards . . . The attributes and awards may be created and adjusted using a user interface which may be specifically created to make the set up and adjustment process efficient and effective.” [0036] “An offer settings entry box may include a drop-down menu of game type/difficultly level for the selected award value.” And, [0037] “provide a tangible experience to a person that motivates that person to enter a structure for the purpose of gameplay that when successfully concluded, results in a material award for the person.” And, [0014] “The award may include a discount on a purchase, loyalty points, reward points, cashback or statement credits, or completion status for a multiple-part game.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify the combination of Aldridge and Seshadri to include wherein the step of defining comprises establishing a gift for the end user as taught by Seshadri so that “awards may be created and adjusted using a user interface which may be specifically created to make the set up and adjustment process efficient and effective” (Seshadri [0015]).
Claim 19
As per claim 19, Aldridge further teaches:
sending a trigger to an AR enabled device ([0003] “local virtual events may be automatically triggered during game play based on one or more corresponding predetermined starting conditions being met.” And, [0055] “compare the received first activity data with the data corresponding to the predetermined starting conditions for the different types of local virtual events that can be triggered by the game server.” And, [0061] “the notification module may transmit to the identified players a notification (e.g., visual notification, vibratory notification, audible notification, other notification) that the given type of local virtual event has been triggered and that it is about to start.” And, [0033] “the gaming module presents images of the real world (e.g., captured by the camera assembly) augmented with virtual elements from the parallel reality game.” And, [0056] “the player must capture a predetermined number and/or type of virtual items or objects.”);
Aldridge does not explicitly teach but Seshadri teaches:
specifying a selected object to be shown to the end user ([0030] “store items such as the illustrated gondolas of merchandise may be displayed via an image captured by the camera and an icon may be placed via AR in the vicinity . . . many different AR game interactions may be supported depending on the nature of the award and the game requirements specified by the merchant or other award sponsor. For example, the AR overlay may be a product or may be an imaginary item, as illustrated.” And, [0031] “the user may be required to interact with only a single . . . virtual object to qualify or the user may be required to interact with multiple real or virtual items in order to complete the game and qualify for the award.”);
Aldridge does not explicitly teach but Seshadri teaches:
specifying a reward to be provided when the end user locates the selected object on the AR enabled device ([0030] “store items such as the illustrated gondolas of merchandise may be displayed via an image captured by the camera and an icon may be placed via AR in the vicinity . . . many different AR game interactions may be supported depending on the nature of the award and the game requirements specified by the merchant or other award sponsor. For example, the AR overlay may be a product or may be an imaginary item, as illustrated.” And, [0031] “the user may be required to interact with only a single . . . virtual object to qualify or the user may be required to interact with multiple real or virtual items in order to complete the game and qualify for the award.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify the combination of Aldridge and Seshadri to include specifying a selected object to be shown to the end user and specifying a reward to be provided when the end user locates the selected object on the AR enabled device as taught by Seshadri so that “awards may be created and adjusted using a user interface which may be specifically created to make the set up and adjustment process efficient and effective” (Seshadri [0015]).
Claim 21
As per claim 21, Aldridge does not explicitly teach but Seshadri teaches:
wherein the Event Trigger is sent to the AR enabled device via email ([0028] “the user may interact with the game platform 102 or the game application 130, as depicted in FIG. 3, by viewing a message indicating the availability of a sponsored game. As illustrated, a current offer 180 may be displayed to the user, indicating that a nearby merchant is hosting a game and the possible value of an award associated with completion of the game. A previous offer may be displayed in this depiction of messages being received at text (SMS) messages.” And, [0045] “The notification may be displayed via the game itself or may be sent via another message service, such as a text message or email.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify Aldridge to include wherein the Event Trigger is sent to the AR enabled device via email as taught by Seshadri in order to create “an effective system for targeting, selecting, and implementing customer and potential customer interactions that has not been available previously and that targets an audience not typically reached by traditional print and broadcast advertising” (Seshadri [0049]).
Claim 22
As per claim 22, Aldridge does not explicitly teach but Seshadri teaches:
wherein the Event Trigger is sent to the AR enabled device via an SMS message ([0028] “the user may interact with the game platform or the game application, as depicted in FIG. 3, by viewing a message indicating the availability of a sponsored game. As illustrated, a current offer may be displayed to the user, indicating that a nearby merchant is hosting a game and the possible value of an award associated with completion of the game. A previous offer may be displayed in this depiction of messages being received at text (SMS) messages.” And, [0045] “The notification may be displayed via the game itself or may be sent via another message service, such as a text message or email.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify Aldridge to include wherein the Event Trigger is sent to the AR enabled device via an SMS message as taught by Seshadri in order to create “an effective system for targeting, selecting, and implementing customer and potential customer interactions that has not been available previously and that targets an audience not typically reached by traditional print and broadcast advertising” (Seshadri [0049]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication Number 20240075379 (“Aldridge”) as applied to claim 3 above, and in further view of US Patent Application Publication Number 20250170475 (“Jilani”).
Claim 6
As per claim 6, Aldridge does not explicitly teach but Jilani teaches:
wherein the communication results from scanning a QR code ([0055] “a user may use an electronic device to scan QR code, and scanning QR code may allow the user(s) to retrieve access to augmented reality content, such as, but not limited to, digital game.” And, [0082] “a QR code may store any type of data, such as . . . opening a message.”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date to modify Aldridge to include wherein the communication results from scanning a QR code as taught by Jilani because “a QR code gives a user faster and/or more efficient access to augmented reality content” (Jilani [0082]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication Number 20220076286 (“Rakshit”) discloses an augmented reality (AR) treasure hunt game, where a customer can participate in challenges (e.g., find one or more products) to win awards
US Patent Application Publication Number 20190080342 (“Andon”) discloses a user may be required to photograph or otherwise image capture a specific actual or virtual object (e.g., by bringing the object within the camera's field of view) to activate a target and a reward
US Patent Application Publication Number 20140015858 (“Chiu”) discloses providing an incentive reward for taking a picture of a virtual object in an augmented reality view
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN J WOODWORTH, II whose telephone number is (571)272-6904. The examiner can normally be reached Mon-Fri 9:00-5:30.
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/ALLAN J WOODWORTH, II/Primary Examiner, Art Unit 3622
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