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 Claims
This action is in reply to the communications filed on May 2, 2025. The applicant’s claim for benefit of provisional application 63644457, filed May 8, 2024, and provisional application 63642571, filed May 3, 2024, and provisional application 63642593, filed May 3, 2024, and provisional application 63642583, filed May 3, 2024, and provisional application 63642604, filed May 3, 2024, has been received and acknowledged.
Claims 1-20 are currently pending and have been examined.
Examiner’s Note: The Examiner notes that claims 1 and 13 recite a method of organizing a human activity, namely a sales activity. However, the Examiner further notes that the abstract idea is integrated into a practical application. For example, claim 1 recites an electronic system that includes a virtual reality headset dynamically generating a virtual environment adaptable to a plurality of VR information platforms, displaying within the VR headset the virtual environment, detecting user interactions within the virtual environment, and processing the user interactions to determine data associated with the user interactions. The combination of at least these elements uses the judicial exception in a meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the judicial exception. Thus, the claims are patent eligible.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is 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 6: Claim 6 recites “determining a category of a product for which product information is displayed in the virtual environment; and customizing the virtual checkout interface and one or more associated functionalities based on the category of the product.” This limitation is unclear. It is unclear if the virtual checkout interface is customized AFTER the product information is displayed, i.e., is the product information displayed and then the category is determined, and then the display is altered to be customized based on the determined category? Or is the category determined BEFORE any product information is displayed, i.e., the display is customized in order to display the product information in a format that is determined according to the category of the product? For purposes of examination, the Examiner is interpreting this portion of claim 6 as reciting “displaying product information of a product in the virtual environment, wherein the virtual environment is customized based on the category of the product.”
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-5, 10, 12-13, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0306137 A1 to Isaacson et al. (hereinafter “Issacson”).
Claim 1: Isaacson discloses “a process of providing social networking entity purchasing processes.” (See Isaacson, at least Abstract). Isaacson further discloses a VR headset (See Isaacson, at least para. [0229], virtual reality headset). Isaacson further discloses:
dynamically generating a virtual environment representative of a virtual checkout interface adaptable to a plurality of VR information platforms (See Isaacson, at least para. [0229], application presents a virtual reality environment that acts as a browser and can process payments for different merchant sites; para. [0409], user selects a “Buy” button that creates a payment request; para. [0410], payment request initiates a “show” function which displays a dialog in the user interface);
displaying, within the VR headset, the virtual environment representative of the virtual checkout interface (See Isaacson, at least FIG. 17G and associated text; para. [0410], payment request initiates a “show” function which displays a dialog in the user interface);
detecting user interactions within the virtual environment via an input device (See Isaacson, at least FIG. 17G and associated text; para. [0414], user clicks on “view shopping cart” button in order to checkout; user is presented with checkout interface including the three items in the shopping cart, identification of a payment account, such as a visa, an identification of a shipping address and shipping method and instructions to simply provide the fingerprint authorization for the purchase; options are also presented for the user to edit the information or change the payment account; para. [0410], user chooses a shipping address);
processing the user interactions within the virtual checkout interface to determine checkout data associated with the user interactions, wherein the checkout data are associated with one or more of product selection, payment information entry, and shipping details confirmation (See Isaacson, at least FIG. 17G and associated text; para. [0414], user clicks on “view shopping cart” button in order to checkout; user is presented with checkout interface including the three items in the shopping cart, identification of a payment account, such as a visa, an identification of a shipping address and shipping method and instructions to simply provide the fingerprint authorization for the purchase; options are also presented for the user to edit the information or change the payment account; para. [0410], user chooses a shipping address; shipping information is passed to the webpage such that the webpage can request a shipping cost from a Web server, which returns the shipping cost to the merchant, who can then update the price which is passed to the browser and the wallet; payment response is generated to the merchant);
securely transmitting the checkout data to a backend system of one of the plurality of VR information platform via a secure communication channel, wherein the checkout data are processed by the backend system to generate a user message (See Isaacson, at least para. [0410], shipping information is returned from the wallet 1786 to the browser 1785 which is then passed to the webpage 1784 such that the webpage can request a shipping cost 1793 from a Web server 1783 which returns the shipping cost to the merchant 1784 who can then update the price 1794 which is passed to the browser 1785 and the wallet 1786. A payment response 1795 is generated for the wallet to the browser 1785 which passes the payment response through the browser API to the merchant 1784 who makes the purchase 1796. A success or failure signal 1797 is provided to the merchant who can then complete the process 1798 by informing the browser 1785, at which point the purchase is complete 1799; para. [0395], merchant site displays a user confirmation to the user; para. [0510], APIs (which operate for browsers and software module or agents for use with apps) enable the entire process to transmit secure information of any type between any two types of devices);
securely receiving the user message from the backend system of the one of the plurality of VR information platform via the secure communication channel (See Isaacson, at least para. [0395], merchant site displays a user confirmation to the user); and
presenting the user message in the virtual environment (See Isaacson, at least para. [0395], merchant site displays a user confirmation to the user).
Claim 2: Isaacson further discloses:
connecting, via an optional link to an online portal, the virtual environment with a user account on the VR information platform (See Isaacson, at least para. [0229], application which presents the virtual environment acts as a browser and accesses external payment and/or other user data, which can be accessed wirelessly from a mobile device of the user which stores such data in, for example, a Microsoft wallet, and android wallet, a crypto current to wallet, and Apple pay wallet), and
synchronizing, via a data synchronization module, user account information and stored payment details between the VR environment and the user account (See Isaacson, at least para. [0229], application which presents the virtual environment acts as a browser and accesses external payment and/or other user data, which can be accessed wirelessly from a mobile device of the user which stores such data in, for example, a Microsoft wallet, and android wallet, a crypto current to wallet, and Apple pay wallet; para. [0410], user's wallet 1786, such as the Microsoft wallet, a cryptographic wallet, payment information stored at a browser or other location, and so forth can be branded or utilized as part of user interface; shipping information is returned from the wallet 1786 to the browser 1785 which is then passed to the webpage 1784 such that the webpage can request a shipping cost 1793 from a Web server 1783 which returns the shipping cost to the merchant 1784 who can then update the price 1794 which is passed to the browser 1785 and the wallet 1786. A payment response 1795 is generated for the wallet to the browser 1785 which passes the payment response through the browser API to the merchant 1784 who makes the purchase 1796. A success or failure signal 1797 is provided to the merchant who can then complete the process 1798 by informing the browser 1785, at which point the purchase is complete 1799) .
Claim 4: Isaacson further discloses:
obtaining biometric information of a user associated with the VR headset (See Isaacson, at least para. [0602, virtual goggles identifies a forehead shape, a nose shape, DNA data for the user, temperature data, movement patterns, speech, facial recognition, and so forth, to identify an individual for security purposes for a purchase; para. [0601], fingerprint scanner could be placed on virtual reality goggles/headset such that either through Bluetooth, near field communication, a wired connection, or any other mechanism, the data from the fingerprint scan on the goggles can be communicated to the mobile device for further processing to authorize a purchase); and
based on the biometric information, authenticating, by a user authentication module integrated with the VR headset, identification information of the user (See Isaacson, at least para. [0602], virtual goggles identifies a forehead shape, a nose shape, DNA data for the user, temperature data, movement patterns, speech, facial recognition, and so forth, to identify an individual for security purposes for a purchase; para. [0601], fingerprint scanner could be placed on virtual reality goggles/headset such that either through Bluetooth, near field communication, a wired connection, or any other mechanism, the data from the fingerprint scan on the goggles can be communicated to the mobile device for further processing to authorize a purchase);
wherein the user interactions are processed in accordance with an authentication of the identification information of the user (See Isaacson, at least para. [0602, virtual goggles identifies a forehead shape, a nose shape, DNA data for the user, temperature data, movement patterns, speech, facial recognition, and so forth, to identify an individual for security purposes for a purchase; para. [0601], fingerprint scanner could be placed on virtual reality goggles/headset such that either through Bluetooth, near field communication, a wired connection, or any other mechanism, the data from the fingerprint scan on the goggles can be communicated to the mobile device for further processing to authorize a purchase).
Claim 5: Isaacson further discloses wherein the one of the plurality of VR information platform is a preferred VR information platform of a user associated with the VR headset (See Isaacson, at least para. [0479], a user might have multiple browsers on a device, and thus might have multiple wallets; one aspect of this disclosure is presenting the user within a browser API interface, with an option to select from different wallets; interface may present an object for Microsoft wallet an object for Apple pay and let the user select), the method further comprising:
communicatively coupling to a plurality of backend systems of the plurality of VR information platforms (See Isaacson, at least para. [0348], payment services like Android Pay and Apple Pay can communicate with a browser for payment functions; para. [0473], users use different applications on the device to make payments; para. [0479], a user might have multiple browsers on a device, and thus might have multiple wallets; one aspect of this disclosure is presenting the user within a browser API interface, with an option to select from different wallets; interface may present an object for Microsoft wallet an object for Apple pay and let the user select); and
receiving a user selection of the preferred VR information platform among the plurality of VR information platform (See Isaacson, at least [0473], users use different applications on the device to make payments; para. [0479], a user might have multiple browsers on a device, and thus might have multiple wallets; one aspect of this disclosure is presenting the user within a browser API interface, with an option to select from different wallets; interface may present an object for Microsoft wallet an object for Apple pay and let the user select).
Claim 10: Isaacson further discloses:
receiving a voice command in the virtual checkout interface (See Isaacson, at least para. [0437], system identifies user using a voice instruction to add an item to a user’s shopping cart; para. [0439], system identifies the user by their voice when they speak to the voice-based device); and
recognizing the voice command to provide an alternative hands-free method for the user interactions (See Isaacson, at least para. [0233], user input includes voice input; para. [0437], system identifies user using a voice instruction to add an item to a user’s shopping cart; para. [0439], system identifies the user by their voice when they speak to the voice-based device).
Claim 12: Isaacson further discloses:
collecting and analyzing user interaction data via the virtual checkout interface anonymously to generate user behavior analytics information (See Isaacson, at least para. [0263], system monitors user’s shopping and looks at multiple items to be put in the shopping cart from various sites; prior to making a purchase, system analyzes the user’s financial condition as though the user had made the purchases and make recommendations); and
updating the virtual checkout interface based on the user behavior analytics information (See Isaacson, at least para. [0263], system monitors user’s shopping and looks at multiple items to be put in the shopping cart from various sites; prior to making a purchase, system analyzes the user’s financial condition as though the user had made the purchases and make recommendations; recommendations could include not making any of the purchases, only purchasing one item in the shopping cart, etc.).
Claim 13: Isaacson discloses:
a head-mounted display designed for rendering a virtual environment, capable of receiving inputs through a variety of user interface mechanisms (See Isaacson, at least FIG. 7 and associated text; para. [0229], virtual reality headset; para. [0228], headset can include a mobile device such as a smartphone; can also include camera, fingerprint reader on the side of the headset);
at least one input device, either integrated with said head-mounted display or operable within the virtual environment, for capturing user interactions related to the checkout process (See Isaacson, at least FIG. 7 and associated text; para. [0229], virtual reality headset; para. [0228], headset can include a mobile device such as a smartphone; can also include camera, fingerprint reader on the side of the headset);
a processor communicatively coupled to the head-mounted display and the at least one input device (See Isaacson, at least FIG. 7 and associated text, virtual reality device includes a processor; para. [0228], Figure 7 represents a virtual reality device and can be a headset), the processor configured to:
dynamically generate a virtual environment representative of a checkout interface adaptable to a plurality of platforms (See Isaacson, at least para. [0229], application presents a virtual reality environment that acts as a browser and can process payments for different merchant sites; para. [0409], user selects a “Buy” button that creates a payment request; para. [0410], payment request initiates a “show” function which displays a dialog in the user interface);
process user interactions within the virtual checkout interface including product selection, payment information entry, and shipping details confirmation (See Isaacson, at least FIG. 17G and associated text; para. [0414], user clicks on “view shopping cart” button in order to checkout; user is presented with checkout interface including the three items in the shopping cart, identification of a payment account, such as a visa, an identification of a shipping address and shipping method and instructions to simply provide the fingerprint authorization for the purchase; options are also presented for the user to edit the information or change the payment account; para. [0410], user chooses a shipping address; shipping information is passed to the webpage such that the webpage can request a shipping cost from a Web server, which returns the shipping cost to the merchant, who can then update the price which is passed to the browser and the wallet; payment response is generated to the merchant); and
securely transmit checkout data to a backend system of an platform, facilitating a comprehensive checkout experience (See Isaacson, at least para. [0410], shipping information is returned from the wallet 1786 to the browser 1785 which is then passed to the webpage 1784 such that the webpage can request a shipping cost 1793 from a Web server 1783 which returns the shipping cost to the merchant 1784 who can then update the price 1794 which is passed to the browser 1785 and the wallet 1786. A payment response 1795 is generated for the wallet to the browser 1785 which passes the payment response through the browser API to the merchant 1784 who makes the purchase 1796. A success or failure signal 1797 is provided to the merchant who can then complete the process 1798 by informing the browser 1785, at which point the purchase is complete 1799; para. [0395], merchant site displays a user confirmation to the user; para. [0510], APIs (which operate for browsers and software module or agents for use with apps) enable the entire process to transmit secure information of any type between any two types of devices); and
a communication interface integrated with the processor, enabling encrypted communication with the backend system of the platform (See Isaacson, at least FIG. 7 and associated text, virtual reality device includes a communication interface; para. [0228], Figure 7 represents a virtual reality device and can be a headset; para. [0395], merchant site displays a user confirmation to the user; para. [0510], APIs (which operate for browsers and software module or agents for use with apps) enable the entire process to transmit secure information of any type between any two types of devices).
Claim 15: Isaacson further discloses a user authentication module integrated with the VR headset, utilizing biometric authentication methods for verifying the user's identity before initiating the checkout process (See Isaacson, at least para. [0602], virtual goggles identifies a forehead shape, a nose shape, DNA data for the user, temperature data, movement patterns, speech, facial recognition, and so forth, to identify an individual for security purposes for a purchase; para. [0601], fingerprint scanner could be placed on virtual reality goggles/headset such that either through Bluetooth, near field communication, a wired connection, or any other mechanism, the data from the fingerprint scan on the goggles can be communicated to the mobile device for further processing to authorize a purchase).
Claim 16: Isaacson further discloses wherein the processor is further adapted to access and display real-time delivery service information within the VR checkout interface, enabling users to choose preferred delivery options and view estimated delivery times (See Isaacson, at least para. [0248], user gives instructions to “purchase iPhone 5S, 64 GB, Gold”; system could then present options for the user to purchase it through Apple with shipping information, or Amazon with its price and shipping information; para. [259], user can modify the shipping options; para. [0410], user chooses a shipping address; shipping information is passed to the webpage such that the webpage can request a shipping cost from a Web server, which returns the shipping cost to the merchant, who can then update the price which is passed to the browser and the wallet; payment response is generated to the merchant) .
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 (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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 6-8, 14, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Isaacson as applied to claims 1 and 13 above, and further in view of US 2015/0309705 A1 to Keeler et al. (hereinafter “Keeler”).
Claim 3: Isaacson discloses all the limitations of claim 1 discussed above.
Isaacson does not expressly disclose generating, by a product display module, three-dimensional (3D) representations of products within the virtual checkout interface; and displaying information items to enable detailed inspection and interaction of the products.
However, Keeler discloses systems and methods to “provide information to a virtual reality device and/or an augmented reality device…of a user/customer” that are “associated with offerings of goods and/or services for sale, purchase, or rent.” (See Keeler, at least Abstract). Keeler further discloses:
generating, by a product display module, three-dimensional (3D) representations of products within the virtual checkout interface (See Keeler, at least para. [0037], one or more CAD (computer aided design) files can store a brick-and-mortar store layout (e.g., a physical store layout), a store layout that may not exist in a physical reality, or a combination of the two; para. [0038], a simulated environment can utilize a media player to play media such as videos and three-dimensional models of one or more items in a store to create an interactive virtual environment; para. [0043], layout of a physical store is digitized to enable a three-dimensional rendering of the physical store and includes one or more of multi-media (e.g., videos, motion pictures, etc.), furniture and/or display counters, items and/or devices (e.g., items) for sale, and checkout counter(s)); and
displaying information items to enable detailed inspection and interaction of the products (See Keeler, at least para. [0037], one or more CAD (computer aided design) files can store a brick-and-mortar store layout (e.g., a physical store layout), a store layout that may not exist in a physical reality, or a combination of the two; para. [0038], a simulated environment can utilize a media player to play media such as videos and three-dimensional models of one or more items in a store to create an interactive virtual environment; para. [0043], layout of a physical store is digitized to enable a three-dimensional rendering of the physical store and includes one or more of multi-media (e.g., videos, motion pictures, etc.), furniture and/or display counters, items and/or devices (e.g., items) for sale, and checkout counter(s)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual reality system and method of Isaacson the ability of generating, by a product display module, three-dimensional (3D) representations of products within the virtual checkout interface; and displaying information items to enable detailed inspection and interaction of the products as disclosed by Keeler since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to bridge “the gap between e-commerce and brick-and-mortar stores” to combine the advantages of a “hands-on” experience in brick-and-mortar stores with the suggestions based on customer profiles that are available via e-commerce shopping sites. (See Keeler, at least para. [0005]).
Claim 6: Isaacson discloses all the limitations of claim 1 discussed above.
Isaacson does not expressly disclose determining a category of a product for which product information is displayed in the virtual environment; and customizing the virtual checkout interface and one or more associated functionalities based on the category of the product.
However, Keeler discloses determining a category of a product for which product information is displayed in the virtual environment; and customizing the virtual checkout interface and one or more associated functionalities based on the category of the product (See Keeler, at least FIGs. 4-5 and associated text; para. [0057], customer can interact with a device via “hotspots” 456; a “hotspot” can be or include an area that can allow customer to interact with the device via a mouse, handset, keyboard, wand, glove, voice, head-mounted display (e.g., movement of the head moving the head-mounted display) or other interaction device; customer can interact with a hotspot (e.g., clicks with a mouse on the hotspot) to activate behavior indicated by the hotspot; para. [0060], virtual environment can include a feature to select sizing via a virtual model 224 and can display items for purchase or lease on this virtual model (e.g., sometimes referred to as an avatar) in a virtual dressing room; para [0061], customer can select and/or actuate a “hotspot” of virtual model to display the selected item on the virtual model).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual reality system and method of Isaacson the ability of determining a category of a product for which product information is displayed in the virtual environment; and customizing the virtual checkout interface and one or more associated functionalities based on the category of the product as disclosed by Keeler since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to bridge “the gap between e-commerce and brick-and-mortar stores” to combine the advantages of a “hands-on” experience in brick-and-mortar stores with the suggestions based on customer profiles that are available via e-commerce shopping sites. (See Keeler, at least para. [0005]).
Claim 7: Isaacson discloses all the limitations of claim 1 discussed above.
Isaacson does not expressly disclose determining that information of one or more clothing items is displayed in the virtual environment; displaying an affordance item associated with a virtual try-on feature; and in response to a first user interaction with the affordance item, enabling the virtual try-on feature in the virtual environment.
However, Keeler discloses:
determining that information of one or more clothing items is displayed in the virtual environment (See Keeler, at least FIGs. 4-5 and associated text; para. [0057], customer can interact with a device via “hotspots” 456; a “hotspot” can be or include an area that can allow customer to interact with the device via a mouse, handset, keyboard, wand, glove, voice, head-mounted display (e.g., movement of the head moving the head-mounted display) or other interaction device; customer can interact with a hotspot (e.g., clicks with a mouse on the hotspot) to activate behavior indicated by the hotspot; para [0061], customer can select and/or actuate a “hotspot” of virtual model to display the selected item on the virtual model; para. [0059], items can be added to a virtual store; customer can select an item from a selection of items 510 (which are dresses per Figure 5);
displaying an affordance item associated with a virtual try-on feature (See Keeler, at least FIGs. 4-5 and associated text; para. [0057], customer can interact with a device via “hotspots” 456; a “hotspot” can be or include an area that can allow customer to interact with the device via a mouse, handset, keyboard, wand, glove, voice, head-mounted display (e.g., movement of the head moving the head-mounted display) or other interaction device; customer can interact with a hotspot (e.g., clicks with a mouse on the hotspot) to activate behavior indicated by the hotspot; para [0061], customer can select and/or actuate a “hotspot” of virtual model to display the selected item on the virtual model); and
in response to a first user interaction with the affordance item, enabling the virtual try-on feature in the virtual environment (See Keeler, at least FIG. 5 and associated text; para [0061], customer can select and/or actuate a “hotspot” of virtual model to display the selected item on the virtual model).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual reality system and method of Isaacson the ability of determining that information of one or more clothing items is displayed in the virtual environment; displaying an affordance item associated with a virtual try-on feature; and in response to a first user interaction with the affordance item, enabling the virtual try-on feature in the virtual environment as disclosed by Keeler since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to bridge “the gap between e-commerce and brick-and-mortar stores” to combine the advantages of a “hands-on” experience in brick-and-mortar stores with the suggestions based on customer profiles that are available via e-commerce shopping sites. (See Keeler, at least para. [0005]).
Claim 8: Isaacson discloses all the limitations of claim 1 discussed above.
Isaacson further discloses:
obtaining real-time delivery service information (See Isaacson, at least para. [0248], user gives instructions to “purchase iPhone 5S, 64 GB, Gold”; system could then present options for the user to purchase it through Apple with shipping information, or Amazon with its price and shipping information);
displaying the real-time delivery service information on the virtual checkout interface (See Isaacson, at least para. [0248], user gives instructions to “purchase iPhone 5S, 64 GB, Gold”; system could then present options for the user to purchase it through Apple with shipping information, or Amazon with its price and shipping information); wherein the user interactions select a preferred delivery option (See Isaacson, at least para. [259], user can modify the shipping options).
Isaacson does not expressly disclose displaying an estimated delivery time on the virtual checkout interface.
However, Keeler discloses displaying an estimated delivery time on the virtual checkout interface (See Keeler, at least para. [0093], if user input indicates that the user would like to purchase the item, checkout/settlement options are provided to the user and include a cost of the item, a tax on the item, a delivery cost for the item, a delivery time for the item, a delivery option for the item, a pickup option for the item).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual reality system and method of Isaacson the ability of displaying an estimated delivery time on the virtual checkout interface as disclosed by Keeler since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to bridge “the gap between e-commerce and brick-and-mortar stores” to combine the advantages of a “hands-on” experience in brick-and-mortar stores with the suggestions based on customer profiles that are available via e-commerce shopping sites. (See Keeler, at least para. [0005]).
Claim 14: Isaacson discloses all the limitations of claim 13 discussed above.
Isaacson does not expressly disclose wherein the virtual environment includes a product display module capable of generating three-dimensional representations of products within the VR checkout interface, enabling detailed inspection and interaction by the user.
However, Keeler discloses wherein the virtual environment includes a product display module capable of generating three-dimensional representations of products within the VR checkout interface, enabling detailed inspection and interaction by the user (See Keeler, at least para. [0037], one or more CAD (computer aided design) files can store a brick-and-mortar store layout (e.g., a physical store layout), a store layout that may not exist in a physical reality, or a combination of the two; para. [0038], a simulated environment can utilize a media player to play media such as videos and three-dimensional models of one or more items in a store to create an interactive virtual environment; para. [0043], layout of a physical store is digitized to enable a three-dimensional rendering of the physical store and includes one or more of multi-media (e.g., videos, motion pictures, etc.), furniture and/or display counters, items and/or devices (e.g., items) for sale, and checkout counter(s))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual reality system and method of Isaacson the ability wherein the virtual environment includes a product display module capable of generating three-dimensional representations of products within the VR checkout interface, enabling detailed inspection and interaction by the user as disclosed by Keeler since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to bridge “the gap between e-commerce and brick-and-mortar stores” to combine the advantages of a “hands-on” experience in brick-and-mortar stores with the suggestions based on customer profiles that are available via e-commerce shopping sites. (See Keeler, at least para. [0005]).
Claim 19: Isaacson discloses all the limitations of claim 13 discussed above.
Isaacson does not expressly disclose wherein the processor is further configured to utilize user behavior and purchase history data within the VR environment to generate personalized product recommendations, which are strategically displayed within the VR checkout interface.
However, Keeler discloses wherein the processor is further configured to utilize user behavior and purchase history data within the VR environment to generate personalized product recommendations, which are strategically displayed within the VR checkout interface (See Keeler, at least para. [0038], simulated environment can utilize a media player to play media such as videos and three-dimensional models of one or more items in a store to create an interactive virtual environment; player can be configured to deliver event information so that customer activity can be tracked and/or recorded via a storage system and/or device; system can be configured with an optimizer to modify a layout of a store and placement of one or more devices within the layout of the store to maximize profit based on one or more of previous history of customer events and personalized information (e.g., profile information), among others; for example, placement of one or more items within the layout of the store can be based on customer activity that was previously tracked and/or recorded via a storage system and/or device; paras. [0141]-[0146], augmented reality shopping experience to a customer is provided; presentation is made to customer based on customer profile; presentation can include product suggestions; for example, profile information associated with user indicates that user is a female, and the presentation can direct user to products associated with women; for example, presentation can be created and/or optimized based on one or more of a sport, a yearly income, an automobile type, a means of payment (e.g., credit card and/or billing information), an address, a marital status, a credit history, a past transaction, a past purchase, a music genre, an interest, an employment status, an age, a height, a weight, a hair color, an eye color, a shoe size, a dress size, a waist size, an inseam size, a breast size, a chest size, and a membership, among others).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual reality system and method of Isaacson the ability wherein the processor is further configured to utilize user behavior and purchase history data within the VR environment to generate personalized product recommendations, which are strategically displayed within the VR checkout interface as disclosed by Keeler since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to bridge “the gap between e-commerce and brick-and-mortar stores” to combine the advantages of a “hands-on” experience in brick-and-mortar stores with the suggestions based on customer profiles that are available via e-commerce shopping sites. (See Keeler, at least para. [0005]).
Claim 20: Isaacson discloses all the limitations of claim 13 discussed above.
Isaacson does not expressly disclose wherein the processor is additionally configured to collect and analyze user interaction data within the VR checkout interface anonymously for the purpose of optimizing the VR experience based on user behavior analytics.
However, Keeler discloses wherein the processor is additionally configured to collect and analyze user interaction data within the VR checkout interface anonymously for the purpose of optimizing the VR experience based on user behavior analytics (See Keeler, at least para. [0038], simulated environment can utilize a media player to play media such as videos and three-dimensional models of one or more items in a store to create an interactive virtual environment; player can be configured to deliver event information so that customer activity can be tracked and/or recorded via a storage system and/or device; system can be configured with an optimizer to modify a layout of a store and placement of one or more devices within the layout of the store to maximize profit based on one or more of previous history of customer events and personalized information (e.g., profile information), among others; for example, placement of one or more items within the layout of the store can be based on customer activity that was previously tracked and/or recorded via a storage system and/or device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual reality system and method of Isaacson the ability wherein the processor is additionally configured to collect and analyze user interaction data within the VR checkout interface anonymously for the purpose of optimizing the VR experience based on user behavior analytics as disclosed by Keeler since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to bridge “the gap between e-commerce and brick-and-mortar stores” to combine the advantages of a “hands-on” experience in brick-and-mortar stores with the suggestions based on customer profiles that are available via e-commerce shopping sites. (See Keeler, at least para. [0005]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Isaacson as applied to claim 1 above, and further in view of US 2019/0121432 A1to Krogstad et al. (hereinafter “Krogstad”).
Isaacson discloses all the limitations of claim 1 discussed above.
Isaacson further discloses that haptic signals may be provided to the user when it is detected that the user is no longer watching the content. (See Isaacson, at least para. [0483]). However, Isaacson does not expressly disclose at the VR headset detecting a haptic feedback in response to the user interactions associated with one or more virtual elements enabled in the virtual environment.
However, Krogstad discloses a “haptic device [that] provides haptic sensation to a user.” (See Krogstad, at least Abstract). Krogstad further discloses that a “conventional virtual reality (VR) system includes a headset that provides visual and audio information to the user.” (See Krogstad, at least para. [0002]). Krogstad further discloses at the VR headset detecting a haptic feedback in response to the user interactions associated with one or more virtual elements enabled in the virtual environment (See Krogstad, at least para. [0065], console compares the coordinates of a virtual event in the virtual space and the coordinates of the user in the virtual space to determine whether a virtual haptic event to the user has occurred; para. [0003], haptic device may be interfaced to a head-mounted display (HMD) system, and through the haptic device, the HMD system can generate and provide haptic sensation to the user).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual reality system and method of Isaacson the ability of at the VR headset detecting a haptic feedback in response to the user interactions associated with one or more virtual elements enabled in the virtual environment as disclosed by Krogstad since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to simulate situations in an artificial reality experience. (See Krogstad, at least para. [0003])..
Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Isaacson as applied to claims 1 and 13 above, and further in view of US 2018/0114250 A1 to Phillips et al. (hereinafter “Phillips”).
Isaacson discloses all the limitations of claims 1 and 13 discussed above.
Isaacson does not expressly disclose integrating, by a gamification module within the virtual environment, one or more gamification elements to promote user engagement and incentivize purchase behavior.
However, Phillips discloses a system and method “for promoting store items at a retail environment that electronically pair an augmented-reality gaming application executed on a mobile electronic device with a shopping cart.” (See Phillips, at least Abstract). Phillips further discloses that the customer may add “an interactive, or digital, gaming experience to a real-world shopping experience” in the form of “an augmented reality gaming application, where the customer may receive information about the promoted item, a current location of the user, and/or other store-related information while augmenting the real world shopping experience with a sensory input such as sound, video, graphics, and or GPS data in the forming of a gaming application.” (See Phillips, at least para. [0051]). Phillips further discloses integrating, by a gamification module within the virtual environment, one or more gamification elements to promote user engagement and incentivize purchase behavior (See Phillips, at least para. [0064], mini-game may be part of a shopping application executed by the user's smartphone or other computing device; mini-game may be used by the shopper to earn points or other incentives, which may be applied to a larger game, or directly processed by the shopping application so that the user can receive a discount or other value by the point of sale system of the store)..
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual reality system and method of Isaacson the ability of integrating, by a gamification module within the virtual environment, one or more gamification elements to promote user engagement and incentivize purchase behavior as disclosed by Phillips since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “increase revenues” by developing “new approaches and creative offerings to retain customers during a shopping experience.” (See Phillips, at least para. [0003]).
Claim 17 is rejected for similar reasons.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Isaacson as applied to claim 1 above, and further in view of US 2019/0325498 A1 to Clark. (hereinafter “Clark”).
Isaacson discloses all the limitations of claim 13 discussed above.
Isaacson does not expressly disclose enable tracking of order progress and shipment status updates within the VR environment, providing users with real-time information on their purchases.
However, Clark discloses systems and methods to “facilitate online and mobile purchasing” and that “allows an agnostic shopping experience, i.e., the shopping may occur on a vendor neutral platform.” (See Clark, at least Abstract). Clark further discloses a shopping application that presents “a virtual or mixed reality environment corresponding to a brick and mortar store.” (See Clark, at least para. [0156]. Clark further discloses a display device that may be part of a head-mounted display. (See Clark, at least para. [0080]). Clark further discloses enable tracking of order progress and shipment status updates within the VR environment, providing users with real-time information on their purchases (See Clark, at least para. [0114], order status and tracking updates may be available from the shopping application).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the virtual reality system and method of Isaacson the ability of enable tracking of order progress and shipment status updates within the VR environment, providing users with real-time information on their purchases as disclosed by Clark since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow consumer to “purchase correctly sized products or products suited to the need, more conveniently, more consistently, more cheaply and more easily. The more accurate or correct shopping of products saves the wasting of resources required in return shipments and replacement shipments and packaging.” (See Clark, at least Abstract).
Conclusion
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/Anne M Georgalas/
Primary Examiner, Art Unit 3689
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