DETAILED ACTION
Status of Claims
The following is an office action in response to the communication filed 06/09/2025
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement
Information Disclosure Statement received 02/26/2026 has been reviewed and considered.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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.
Because this/these claim limitation(s) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. In light of Specification [paras. 22, 45 and 56], the module, generator, and manager are interpreted to be software operating on hardware, where the a store manager module, and environment generator, and a cart manager module an avatar generator, in-app service module, and external communication manger are interpreted to be software operating the application program of the computing system/application. The modules, generator and manager provides the necessary routines and data structures for performing specific task.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. The claims recite an abstract idea. The judicial exception is not integrated into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
First, it is determined whether the claims are directed to a statutory category of invention. See MPEP 2106.03(II). In the instant case, claims 1-8 and 17-19 are directed to a system and claims 9-16 and 20 are directed to a method. Therefore, claims 1-20 are directed to statutory subject matter under Step 1 of the Alice/Mayo test (Step 1: YES).
The claims are then analyzed to determine if the claims are directed to a judicial exception. See MPEP 2106.04. In determining whether the claims are directed to a judicial exception, the claims are analyzed to evaluate whether the claims recite a judicial exception (Prong 1 of Step 2A), as well as analyzed to evaluate whether the claims recite additional elements that integrate the judicial exception into a practical application of the judicial exception (Prong 2 of Step 2A). See MPEP 2106.04.
Taking claim 1 as representative, claim 1 recites at least the following limitations that are believed to recite an abstract idea:
A shopping comprising:
communicate with a plurality of stores to retrieve merchandise information for items available from each store;
generate a shopping environment that displays merchandise based on user preference and the merchandise information
allow a user to select merchandised displayed within the shopping environment, to associate each selected item with the store from which its merchandise information was obtained and to transmit a purchase order for at least one selected item to the corresponding store; and
generate and update the user to reflect interaction with the selected merchandise within the shopping environment.
The above limitations recite the concept of shopping for an item based on user interaction with the selected item. These limitations, under their broadest reasonable interpretation, fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in the MPEP, in that they recite commercial or legal interactions such as advertising, marketing, or sales activities or behaviors. Specifically, the invention relates to marketing and sales activities. This is illustrated in [0002] of the Specification, describing the invention as method and system for e-commerce experiences within environments. Furthermore, the limitations, under their broadest reasonable interpretation, fall within the “Mental Processes” grouping of abstract ideas, enumerated in the MPEP, in that they recite concepts performed in the human mind, such as observations, evaluations, judgements, and opinions. Specifically, the limitations recite concepts similar to collecting information, analyzing it, and displaying certain results of the collection and analysis.. Independent claims 9 and 17 recite similar concepts as those recited in claim 1 and accordingly fall within the same groupings of abstract ideas. Accordingly, under Prong One of Step 2A of the MPEP, claims 1, 9 and 17 recite an abstract idea (Step 2A, Prong One: YES).
Under Prong Two of Step 2A of the MPEP, claims 1, 9 and 17 recite additional elements, such as a virtual application, a computing device, a store manager module, an environment generator, a cart manager module, an avatar generator, a virtual shopping environment, online stores, a computing device, and an application server. These additional elements are described at a high level in Applicant’s specification without any meaningful detail about their structure or configuration. As such, these computer-related limitations are not found to be sufficient to integrate the abstract idea into a practical application. Although these additional computer-related elements are recited, claims 1, 9, and 17 merely invoke such additional elements as a tool to perform the abstract idea. Implementing an abstract idea on a generic computer is not indicative of integration into a practical application. Similar to the limitations of Alice, claims 1, 9, and 17 merely recite a commonplace business method (i.e., shopping for an item based on user interaction with the selected item) being applied on a general purpose computer. See MPEP 2106.05(f). Furthermore, claims 1, 9, and 17 generally link the use of the abstract idea to a particular technological environment or field of use. The courts have identified various examples of limitations as merely indicating a field of use/technological environment in which to apply the abstract idea, such as specifying that the abstract idea of monitoring audit log data relates to transactions or activities that are executed in a computer environment, because this requirement merely limits the claims to the computer field, i.e., to execution on a generic computer (see FairWarning v. Iatric Sys.). Likewise, claims 1, 9, and 17 specifying that the abstract idea of shopping for an item based on user interaction with the selected item is executed in a computer environment merely indicates a field of use in which to apply the abstract idea because this requirement merely limits the claims to the computer field, i.e., to execution on a generic computer. As such, under Prong Two of Step 2A of the MPEP, when considered both individually and as a whole, the limitations of claims 1, 9, and 17 are not indicative of integration into a practical application (Step 2A, Prong Two: NO).
Since claims 1, 9, and 17 recite an abstract idea and fail to integrate the abstract idea into a practical application, claims 1, 9, and 17 are “directed to” an abstract idea (Step 2A: YES).
Next, under Step 2B, the claims are analyzed to determine if there are additional claim limitations that individually, or as an ordered combination, ensure that the claim amounts to significantly more than the abstract idea. See MPEP 2106.05. The instant claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception for at least the following reasons.
Returning to independent claims 1, 9, and 17, these claims recite additional elements, such as a virtual application, a computing device, a store manager module, an environment generator, a cart manager module, an avatar generator, a virtual shopping environment, online stores, a computing device, and an application server. As discussed above with respect to Prong Two of Step 2A, although additional computer-related elements are recited, the claims merely invoke such additional elements as a tool to perform the abstract idea. See MPEP 2106.05(f). Moreover, the limitations of claims 1, 9, and 17 are manual processes, (e.g., receiving information, analyzing information, etc.). The courts have indicated that mere automation of manual processes is not sufficient to show an improvement in computer-functionality (see MPEP 2106.05(a)(I)). Furthermore, as discussed above with respect to Prong Two of Step 2A, claims 1, 9, and 17 merely recite the additional elements in order to further define the field of use of the abstract idea, therein attempting to generally link the use of the abstract idea to a particular technological environment, such as the Internet or computing networks (see Ultramercial, Inc. v. Hulu, LLC. (Fed. Cir. 2014); Bilski v. Kappos (2010); MPEP 2106.05(h)). Similar to FairWarning v. Iatric Sys., claims 1, 9, and 20 specifying that the abstract idea of shopping for an item based on user interaction with the selected item is executed in a computer environment merely indicates a field of use in which to apply the abstract idea because this requirement merely limits the claim to the computer field, i.e., to execution on a generic computer.
Even when considered as an ordered combination, the additional elements do not add anything that is not already present when they are considered individually. In Alice Corp., the Court considered the additional elements “as an ordered combination,” and determined that “the computer components…‘[a]dd nothing…that is not already present when the steps are considered separately’ and simply recite intermediated settlement as performed by a generic computer.” Id. (citing Mayo, 566 U.S. at 79, 101 USPQ2d at 1972). Similarly, viewed as a whole, claims 1, 9, and 17 simply convey the abstract idea itself facilitated by generic computing components. Therefore, under Step 2B of the Alice/Mayo test, there are no meaningful limitations in claims 1, 9, and 17 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself (Step 2B: NO).
Dependent claims 2-8, 10-16 and 18-20, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because they do not add “significantly more” to the abstract idea. Dependent claims 2-8, 10-16 and 18-20 further fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, enumerated in the MPEP, in that they recite commercial or legal interactions such as advertising, marketing, or sales activities or behaviors and managing personal behavior or relationships or interactions between people. Additionally, the claims further fall within the “Mental Processes” grouping of abstract ideas, enumerated in the MPEP, in that they recite concepts performed in the human mind, such as observations, evaluations, judgements, and opinions. As such, under Step 2A, dependent claims 2-8, 10-16 and 18-20 are “directed to” an abstract idea. Dependent claims 2-8, 10-16 and 18-20 fail to identify additional elements and as such, are not indicative of integration into a practical application. Dependent claims 2-8, 10-16 and 18-20 further identify additional element, such as an external communication manager. Similar to the discussion above with respect to Prong Two of Step 2A, although additional computer-related elements are recited, the claims merely invoke such additional elements as a tool to perform the abstract ides. See MPEP 2106.05(f). Similar to the discussion above with respect to claims 1, 9, and 17, dependent claims 2-8, 10-16 and 18-20, analyzed individually and as an ordered combination, invoke such additional element as a tool to perform the abstract idea and merely indicate a field of use in which to apply the abstract idea because the requirement merely limits the claims to the computer field of i.e. to execution on a generic computer, and therefore, do not amount to significantly more than the abstract idea itself. See MPEP 2106.05(f)(2). Further, these limitations generally link the use of the abstract idea to a particular technological environment or field of use. Accordingly, under the Alice/Mayo test, claims 1-20 are ineligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2024/0362859 to Singh et al. in view of U.S. Patent No. 10,664,903 to Haitani et al..
Regarding claim 1, Singh discloses a virtual shopping application executed on a
computing device (see Fig. 2), comprising:
a store manager module configured to communicate with a plurality of online stores to retrieve merchandise information for items available from each store (see para. 36, merchant system can be one or more computing devices associated with and/or located at a merchant entity (e.g. a cosmetic merchant type entity, a clothing merchant entity, a jewelry merchant type entity, etc.; para. 37 the merchant system include product data related of the merchant such as product models and product specifications; product data can update periodically from a product information feed of the merchant systems);
an environment generator configured to generate a virtual shopping environment that displays merchandise based on user preference input and the merchandise information received via the store manager module (see para.24 environment generator engine 104 to generate a computer-generated 3D-space 106 of the virtual interactive environment; para. 6 the method includes presenting environment creator user interface at the display which provides the one or more product models; para. 7 the method can include an option responsive to the user input selecting at least one product model in the multi-user sessions for the plurality of users to add an item corresponding to the product model to accounts associated with the plurality of users);
a cart manager module configured to allow a user to select merchandise displayed within the virtual shopping environment (para. 48, users are presented an option to add the product model to a shopping cart); and
an avatar generator configured to generate and update an avatar (see para. 31, an avatar customization engine 108 that has a set of mutable customization parameters (e.g. adjustable with the avatar customization UI), which parameters of the avatar’s appearance fall into the set of mutable customization parameters or the set of immutable customization parameters that can be based on an avatar template profile; para. 34, the avatar customization engine can present option for the user to apply product represented by the product model ).
However, Singh does not disclose a cart manager configured to associate each selected item with the store from which its merchandise information was obtained, and to transmit a purchase order for at least one selected item to the corresponding store; and the avatar representing the user to reflect interaction with the selected merchandise within the virtual shopping environment.
Singh discloses a virtual environment platform for providing a virtual interactive environment. The platform comprises an environment generator engine and an avatar customization engine (para. 24). Singh further discloses a shopping cart where a user can add the product model (para. 48). Singh discloses the platform can provide customized virtual environments to a number of different merchant systems (para. 20). The user selects a particular product model and initiates a purchase related to the product model. Another user may be presented with an option to add the product model to an account or shopping cart associated with the user. (Para. 48). Singh discloses the avatar customization UI can be presented at the device of the guest (user) systems for receiving one or more user inputs to customize the avatar. The user inputs at the guest system can select features to form the avatar from the mutable customization parameters. (Para. 38) The environment generator engine can provide a customized room associated with the guest. The customized room includes customized product models or the like. (Para. 45).
On the other hand, Haitani teaches a cart manager configured to associate each selected item with the store from which its merchandise information was obtained, and to transmit a purchase order for at least one selected item to the corresponding store (Col. 37, lines 42-45, the network page is configured to receive instructions or selections from the customer, include one or more instructions to add; one of the articles of clothing or combinations thereof to a virtual cart; col. 17, lines 16-22, the marketplace may be any entity or individual that wishes to make items from a variety of sources (e.g. vendors, manufacturers, merchants or sellers) available for download, purchase, rent, lease or borrowing by customers using a networked computer infrastructure including one or more servers and data stores for hosting one or more network site; col. 19, lines 9-14, the marketplace associated with any number of servers, data stores and/or processors for operating one or more order processing. Examiner notes that the network page configured to add articles of clothing to a virtual card; marketplace being an any entity or individual which sources items from vendors, manufacturers, etc. that are available for purchase; and the marketplace comprised of processors for operating one or more ordering processing is equivalent to the cart manager that associated each selected item with the store from which its merchandise was obtained, and to transmit a purchase order of the selected item to the corresponding store).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have included a cart manager configured to associate each selected item with the store from which its merchandise information was obtained, and to transmit a purchase order for at least one selected item to the corresponding store of Haitani in the virtual shopping application of Singh because Singh already discloses a cart module and Haitani is merely demonstrating what the cart configuration may be. Additionally, it would have been obvious to have included a cart manager configured to associate each selected item with the store from which its merchandise information was obtained, and to transmit a purchase order for at least one selected item to the corresponding store, as taught by Haitani that would have enabled customers to search for or browse information regarding items that are available for purchase from a variety of sources and a variety of ways through one or more network pages or sites (Haitani, col. 1, lines 14-17). Furthermore, for customers who may order the items directly from an electronic marketplace and designate the items for delivery to the customer (Haitani, col. 1, lines 34-37).
Furthermore, Haitani teaches the avatar representing the user to reflect interaction with the selected merchandise within the virtual shopping environment (col. 3, lines 45-48, the avatar representative of the physical characteristics of the customer is generated based on the quality and extent of imaging data obtained from the customer; col. 16, lines 25-31, an avatar model of a customer may be used for any purpose, including but not limited to enabling customers to view how combination of articles of clothing might appear on their respective bodies. The article of clothing can be clothing that the customer is considering to purchase.)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have included the avatar representing the user to reflect interaction with the selected merchandise within the virtual shopping environment of Haitani in the virtual interactive shopping application of Singh because Singh already discloses a virtual navigable avatar that is customizable and Haitani is merely demonstrating what the avatar may look like. Additionally, it would have been obvious to have included the avatar representing the user to reflect interaction with the selected merchandise within the virtual shopping environment, as taught by Haitani, to present a more accurate representation of how a specific article of clothing will look or fit on a given customer and shown to the customer, thus making better and more well-informed decisions based on the representation (Haitani, col. 4, lines 9-15).
Regarding claim 2, Singh/Haitani discloses the application of claim 1, Singh discloses the avatar generator (see para. 31, an avatar customization engine 108 ).
However, Singh does not disclose wherein the avatar generator is further configured to receive user appearance information and modify the avatar's appearance based on the user appearance information and visual data associated with the selected merchandise. Singh further discloses a virtual environment platform for providing a virtual interactive environment. The platform comprises an environment generator engine and an avatar customization engine (para. 24).
On the other hand, Haitani teaches wherein the avatar generator is further configured to receive user appearance information and modify the avatar's appearance based on the user appearance information and visual data associated with the selected merchandise (col. 3, lines 45-48, the avatar representative of the physical characteristics of the customer is generated based on the quality and extent of imaging data obtained from the customer; col. 6, lines 24-27 and lines 33-35, generate 3-D models or avatars of customers, and to display recommended items or items of interest, to the customer. The systems and methods enable customers to virtually “try-on” articles of clothing prior to purchasing them.)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have included wherein the avatar generator is further configured to receive user appearance information and modify the avatar's appearance based on the user appearance information and visual data associated with the selected merchandise of Haitani in the virtual interactive shopping application of Singh because Singh already discloses a virtual navigable avatar that is customizable and Haitani is merely demonstrating what the avatar may look like. Additionally, it would have been obvious to have included wherein the avatar generator is further configured to receive user appearance information and modify the avatar's appearance based on the user appearance information and visual data associated with the selected merchandise, as taught by Haitani, to present a more accurate representation of how a specific article of clothing will look or fit on a given customer and shown to the customer, thus making better and more well-informed decisions based on the representation (Haitani, col. 4, lines 9-15).
Regarding claim 3, Singh/Haitani discloses the application of claim 2, Singh discloses wherein the environment generator is further configured to coordinate with avatar generators for multiple users to display user avatars in a shared virtual shopping environment (para. 21 a friend service can present the interactive virtual environment to multiple user devices simultaneously while facilitating a video conferred to provide a shared interactive experience).
Regarding claim 4, Singh/Haitani discloses the application of claim 2, Singh discloses the avatar generator (see para. 31, an avatar customization engine 108 ).
However, Singh does not disclose wherein the avatar generator is further configured to allow the user to store a combination of selected merchandise and a corresponding avatar appearance that includes the selected merchandise. Singh further discloses a virtual environment platform for providing a virtual interactive environment. The platform comprises an environment generator engine and an avatar customization engine (para. 24).
On the other hand, Haitani teaches wherein the avatar generator is further configured to allow the user to store a combination of selected merchandise and a corresponding avatar appearance that includes the selected merchandise (col. 14, lines 41-53 visual representations of an article of clothing on an avatar or other 3-D model of a customer wearing the articles of clothing may be saved).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have included wherein the avatar generator is further configured to allow the user to store a combination of selected merchandise and a corresponding avatar appearance that includes the selected merchandise of Haitani in the virtual interactive shopping application of Singh because Singh already discloses a virtual navigable avatar that is customizable and Haitani is merely demonstrating what the avatar may look like. Additionally, it would have been obvious to have included wherein the avatar generator is further configured to allow the user to store a combination of selected merchandise and a corresponding avatar appearance that includes the selected merchandise, as taught by Haitani, to present a more accurate representation of how a specific article of clothing will look or fit on a given customer and shown to the customer, thus making better and more well-informed decisions based on the representation (Haitani, col. 4, lines 9-15).
Regarding claim 5, Singh/Haitani discloses the application of claim 4, Singh discloses further comprising an external communication manager configured to allow the user to communicate with individuals not using the application via conventional communication channels and to share at least one stored avatar appearance via such channels (para. 21, a friend service can present the interactive virtual environment to multiple user devices simultaneously while facilitating a video conference to provide a shared interactive experience. The friend service can include audio streaming, specialized features/environment interactions, multi-casing, messaging services and various other services to share information of the interactive environment between multiple devise).
However, Singh does not disclose sharing at least one stored avatar appearance. Singh discloses a virtual environment platform for providing a virtual interactive environment. The platform comprises an environment generator engine and an avatar customization engine (para. 24).
On the other hand, Haitani, teaches sharing at least one stored avatar appearance (col. 34, lines 44-46, the projection of the avatar may be shared with another of another virtual reality system).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Haitani with Singh for the reasons identified above with respect to claim 1.
Regarding claim 6, Singh/Haitani, discloses the application of claim 1, Singh discloses wherein the store manager module includes an assistance module configured to facilitate user inquiries regarding specific merchandise by transmitting information requests to the corresponding online store (para. 47, a user interface sets parameters for the multi-user session 402 which can be presented at the display of the primary user. The multi-user session manager 212 can receive, select or identify an assistant user with specialized access (e.g., to act as a guide and/or to interact with the primary user during the session).
Regarding claim 7, Singh/Haitani discloses the application of claim 1, Singh discloses a store module (see para. 36).
However, Singh does not disclose an in-app service module configured to filter the plurality of online stores based on their ability to provide in-app services to the user. Singh further discloses merchant systems which can be one or more computing devices associated with and/or located at a merchant entity (e.g. a cosmetic merchant type entity, a clothing merchant entity, a jewelry merchant type entity, etc. (para. 36). The merchant systems include product data related of the merchant such as product models and product specifications; product data can update periodically from a product information feed of the merchant systems (para. 37).
On the other hand, Haitani teaches an in-app service module configured to filter the plurality of online stores based on their ability to provide in-app services to the user (col. 1, lines 14-17, electronic marketplace enable customers to search for or browse information regarding items that are available for purchase from a variety of sources and in a variety of ways through one or more network pages or sites; (col. 34, lines 8-24, for example, the customer may identify a place where the customer intends to wear an article of clothing, an activity during which the customer intends to wear the article of clothing, or any other context that may be associated with the article of clothing, such as by entering one or more keywords into a search box, selecting an option in a drop-down menu, or in any other manner. If the customer has selected a context, then the process advances to box 965, where one or more images consistent with the context is projected on a background behind the avatar on the display. For example, where the customer has selected a context corresponding to a beach, images of sand, waves, umbrellas or the like may be projected behind the avatar, to simulate an environment in which the customer, represented by the avatar, is located. The context may be selected with any level of generality or specificity, and an image corresponding to the level of generality or specificity may be selected.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Haitani with Singh for the reasons identified above with respect to claim 1.
Regarding claim 8, Singh/Haitani discloses the application of claim 1, Singh discloses a store module (see para. 36). Singh further discloses merchant systems which can be one or more computing devices associated with and/or located at a merchant entity (e.g. a cosmetic merchant type entity, a clothing merchant entity, a jewelry merchant type entity, etc. (para. 36). The merchant systems include product data related of the merchant such as product models and product specifications; product data can update periodically from a product information feed of the merchant systems (para. 37).
However, Singh does not disclose a location-based filtering module configured to identify stores capable of delivering merchandise to the user within a predetermined time frame based on the user's geographic location. Singh further discloses merchant systems which can be one or more computing devices associated with and/or located at a merchant entity (e.g. a cosmetic merchant type entity, a clothing merchant entity, a jewelry merchant type entity, etc. (para. 36). The merchant systems include product data related of the merchant such as product models and product specifications; product data can update periodically from a product information feed of the merchant systems (para. 37).
On the other hand, Haitani teaches a location-based filtering module configured to identify stores capable of delivering merchandise to the user within a predetermined time frame based on the user's geographic location (col. 6, lines 48- 61, Electronic marketplaces (e.g., online marketplaces) offer a wide variety of advantages to customers. For example, customers may access an electronic marketplace from a browser or another application operating on any type or form of computing device, and may view and evaluate text or images regarding an item (e.g., details, specifications, reviews or other information) prior to ordering the item and designating where the item is to be delivered, from any location where networked access to the electronic marketplace may be available. Where an electronic marketplace is affiliated with a number of fulfillment centers, warehouses or other storage and distribution facilities in various locations, or specific merchants or retailers, the electronic marketplace may effectively distribute items to customers on short notice.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Haitani with Singh for the reasons identified above with respect to claim 1.
Regarding claim 9, Singh disclose a computer-implemented method for virtual shopping, comprising:
retrieving merchandise information from a plurality of online stores (para. 37, the merchant systems include product data related to the merchants. The product data is sent from the merchant system to the environment generator system (e.g. by manually uploading and/or via one or more API calls);
generating a virtual shopping environment based on user preferences and the retrieved merchandise information (para. 20, a virtual environment platform can provide customized virtual environments to a number of different merchant systems. The merchant systems can, in turn, control some aspects of the virtual environment, such as setting selectable parameters for the avatars created by the guests; para. 32 the first entity being a cosmetics merchant entity type can upload product data (e.g., cosmetics product data) to be included as a selectable or mutable style parameter for creating the avatar 110. In this way, guests of the computer-generated 3D space 106 created by the first entity can choose to add cosmetic products of the first entity to their avatar 110)
enabling a user to select merchandise items from the virtual shopping environment and associating each item with the corresponding online store (para. 32 the first entity being a cosmetics merchant entity type can upload product data (e.g., cosmetics product data) to be included as a selectable or mutable style parameter for creating the avatar 110. In this way, guests of the computer-generated 3D space 106 created by the first entity can choose to add cosmetic products of the first entity to their avatar 110) ;
generating an avatar (see para. 31, an avatar customization engine 108 that has a set of mutable customization parameters (e.g. adjustable with the avatar customization UI), which parameters of the avatar’s appearance fall into the set of mutable customization parameters or the set of immutable customization parameters that can be based on an avatar template profile); and
transmitting a purchase order for at least one selected item to the corresponding online store (para.48, when the primary user selects a particular product model 120 and/or initiates a purchase related to the product model 120; a shopping cart where a user can add the product model).
Singh does not disclose the avatar is of the user that displays selected merchandise items within the virtual shopping environment. Singh discloses a virtual environment platform for providing a virtual interactive environment. The platform comprises an environment generator engine and an avatar customization engine (para. 24).
On the other hand, Haitani teaches the avatar is of the user that displays selected merchandise items within the virtual shopping environment (col. 3, lines 45-48, the avatar representative of the physical characteristics of the customer is generated based on the quality and extent of imaging data obtained from the customer; col. 16, lines 25-31, an avatar model of a customer may be used for any purpose, including but not limited to enabling customers to view how combination of articles of clothing might appear on their respective bodies. The article of clothing can be clothing that the customer is considering to purchase.)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have included the avatar is of the user that displays selected merchandise items within the virtual shopping environment of Haitani in the virtual interactive shopping application of Singh because Singh already discloses a virtual navigable avatar that is customizable and Haitani is merely demonstrating what the avatar may look like. Additionally, it would have been obvious to have included the avatar is of the user that displays selected merchandise items within the virtual shopping environment, as taught by Haitani, to present a more accurate representation of how a specific article of clothing will look or fit on a given customer and shown to the customer, thus making better and more well-informed decisions based on the representation (Haitani, col. 4, lines 9-15).
Regarding claims 10-16, the limitations of method claims 10-16 are closely parallel to the limitations of application claims 2-8, which are rejected on the same basis.
Regarding claim 17, Singh discloses a virtual shopping system comprising:
a user computing device configured to display a virtual shopping environment (para. 11, causing the virtual interactive environment to be presented as a display of a user device;. Fig. 6 and para. 51, Fig. 6 illustrates the system 600 to provide the computer-generated 3D space 106 with the virtual environment platform. The system can the one or more computer device. The one or more computer device include the user devices of the merchant, the guest system, the server devices or any other devices);
a remote application server in communication with the user computing device (Fig. 6 and para. 51 Fig. 6 illustrates the system 600 to provide the computer-generated 3D space 106 with the virtual environment platform. The system can the one or more computer device. The one or more computer device include the user devices of the merchant, the guest system, the server devices or any other devices) and configured to:
obtain merchandise information from a plurality of online stores via a store manager module (merchant system) (para. 37, the merchant systems include product data related to the merchants. The product data is sent from the merchant system to the environment generator system (e.g. by manually uploading and/or via one or more API calls);
generate a virtual shopping environment through an environment (environment generator engine) generator module based on user input and the merchandise information (para. 20, a virtual environment platform can provide customized virtual environments to a number of different merchant systems. The merchant systems can, in turn, control some aspects of the virtual environment, such as setting selectable parameters for the avatars created by the guests; para. 32 the first entity being a cosmetics merchant entity type can upload product data (e.g., cosmetics product data) to be included as a selectable or mutable style parameter for creating the avatar 110. In this way, guests of the computer-generated 3D space 106 created by the first entity can choose to add cosmetic products of the first entity to their avatar 110);
generate an avatar via an avatar generator module (see para. 31, an avatar customization engine 108 that has a set of mutable customization parameters (e.g. adjustable with the avatar customization UI), which parameters of the avatar’s appearance fall into the set of mutable customization parameters or the set of immutable customization parameters that can be based on an avatar template profile);
via a cart module (para. 48, users are presented an option to add the product model to a shopping cart); and
transmit purchase requests for selected merchandise items to their respective online stores (para.48, when the primary user selects a particular product model 120 and/or initiates a purchase related to the product model 120; a shopping cart where a user can add the product model).
However, Singh does not disclose manage user selections of merchandise items and associate each selected item with a corresponding online store; and generate a user avatar to modify the avatar's appearance based on user-provided appearance data and selected merchandise.
Singh discloses a virtual environment platform for providing a virtual interactive environment. The platform comprises an environment generator engine and an avatar customization engine (para. 24). Singh further discloses a shopping cart where a user can add the product model (para. 48). Singh discloses the platform can provide customized virtual environments to a number of different merchant systems (para. 20). The user selects a particular product model and initiates a purchase related to the product model. Another user may be presented with an option to add the product model to an account or shopping cart associated with the user. (Para. 48). Singh discloses the avatar customization UI can be presented at the device of the guest (user) systems for receiving one or more user inputs to customize the avatar. The user inputs at the guest system can select features to form the avatar from the mutable customization parameters. (Para. 38) The environment generator engine can provide a customized room associated with the guest. The customized room includes customized product models or the like. (Para. 45).
On the other hand, Haitani teaches manage user selections of merchandise items and associate each selected item with a corresponding online store (Col. 37, lines 42-45, the network page is configured to receive instructions or selections from the customer, include one or more instructions to add; one of the articles of clothing or combinations thereof to a virtual cart; col. 17, lines 16-22, the marketplace may be any entity or individual that wishes to make items from a variety of sources (e.g. vendors, manufacturers, merchants or sellers) available for download, purchase, rent, lease or borrowing by customers using a networked computer infrastructure including one or more servers and data stores for hosting one or more network site; col. 19, lines 9-14, the marketplace associated with any number of servers, data stores and/or processors for operating one or more order processing. Examiner notes that the network page configured to add articles of clothing to a virtual card; marketplace being an any entity or individual which sources items from vendors, manufacturers, etc. that are available for purchase; and the marketplace comprised of processors for operating one or more ordering processing is equivalent to the cart manager that associated each selected item with the store from which its merchandise was obtained, and to transmit a purchase order of the selected item to the corresponding store).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have included a cart module that manages user selections of merchandise items and associate each selected item with a corresponding online store of Haitani in the virtual shopping application of Singh because Singh already discloses a cart module and Haitani is merely demonstrating what the cart configuration may be. Additionally, it would have been obvious to have included a cart module that manages user selections of merchandise items and associate each selected item with a corresponding online store, as taught by Haitani that would have enabled customers to search for or browse information regarding items that are available for purchase from a variety of sources and a variety of ways through one or more network pages or sites (Haitani, col. 1, lines 14-17). Furthermore, for customers who may order the items directly from an electronic marketplace and designate the items for delivery to the customer (Haitani, col. 1, lines 34-37).
Furthermore, Haitani teaches generate a user avatar to modify the avatar's appearance based on user-provided appearance data and selected merchandise (col. 3, lines 45-48, the avatar representative of the physical characteristics of the customer is generated based on the quality and extent of imaging data obtained from the customer; col. 16, lines 25-31, an avatar model of a customer may be used for any purpose, including but not limited to enabling customers to view how combination of articles of clothing might appear on their respective bodies. The article of clothing can be clothing that the customer is considering to purchase.)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have included generate a user avatar to modify the avatar's appearance based on user-provided appearance data and selected merchandise of Haitani in the virtual interactive shopping application of Singh because Singh already discloses a virtual navigable avatar that is customizable and Haitani is merely demonstrating what the avatar may look like. Additionally, it would have been obvious to have included generate a user avatar to modify the avatar's appearance based on user-provided appearance data and selected merchandise, as taught by Haitani, to present a more accurate representation of how a specific article of clothing will look or fit on a given customer and shown to the customer, thus making better and more well-informed decisions based on the representation (Haitani, col. 4, lines 9-15).
Regarding claim 18, Singh/Haitani discloses the virtual shopping application of claim 1, Singh discloses the avatar generator (see para. 31, an avatar customization engine 108 ). Singh further discloses a virtual environment platform for providing a virtual interactive environment. The platform comprises an environment generator engine and an avatar customization engine (para. 24).
However, Singh does not disclose wherein the avatar generator includes a generative artificial intelligence engine configured to simulate how combinations of selected merchandise items appear on the user's avatar in real-time. Singh further discloses a virtual environment platform for providing a virtual interactive environment. The platform comprises an environment generator engine and an avatar customization engine (para. 24).
On the other hand, Haitani teaches wherein the avatar generator includes a generative artificial intelligence engine configured to simulate how combinations of selected merchandise items appear on the user's avatar in real-time (col. 31, lines 26-43, The network page 716B depicts a visual representation of an article of clothing 730B on an avatar 722B. The avatar 722B is generated based on actual imaging data captured from a customer. Therefore, a body template having similar sizes, shapes or dimensions to the customer, as recognized in imaging data, may be identified and used as a basis for generating the avatar 722B. The body template may be one of a plurality of templates, each having discrete sizes, shapes or dimensions, and may be selected according to any algorithm or analysis that identifies sizes, shapes or dimensions of the customer and compares such sizes, shapes or dimensions to the sizes, shapes or dimensions of the plurality of templates, e.g., a clustering algorithm. Col. 10, lines 1-5 and lines 22-27, edges, contours, outlines, colors, textures, silhouettes, shapes or other characteristics of objects, or portions of objects, expressed in still or moving digital images may be identified using one or more algorithms or machine-learning tools. For example, objects or portions thereof expressed within imaging data may be associated with a label or labels according to one or more machine-learning classifiers, algorithms or techniques, including but not limited to nearest neighbor methods or analyses, artificial neural networks, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Haitani with Singh for the reasons identified above with respect to claim 1.
Regarding claim 19, Singh/Haitani discloses the virtual shopping application of claim 1. Singh discloses the environment generator (see para.24 environment generator engine 104 to generate a computer-generated 3D-space 106 of the virtual interactive environment).
However, Singh does not disclose the environment is configured to modify ambient characteristics of the virtual shopping environment based on user behavioral analytics, including browsing history, selection frequency, and avatar interactions. Singh discloses a virtual interactive environment that can be navigated by various avatars belonging to a plurality of users. The virtual environment platform can provide customized virtual environments to a number of different merchant systems. The merchant systems can, in turn, control some aspects of the virtual environment, such as setting selectable parameters for the avatars created by the guests. Certain parameters of the avatars and other aspects of the virtual environment (e.g., friend mode parameters or gamification parameters) can be set as immutable as provided to the merchant system, or the merchant system can control these parameters. As such, the virtual environment platform can seamlessly integrate different types of data and file types representing different aspects of the virtual world that results in an engaging user experience unique to and customized for a particular entity or brand. (see para. 20)
On the other hand, Haitani teaches the environment is configured to modify ambient characteristics of the virtual shopping environment based on user behavioral analytics, including browsing history, selection frequency, and avatar interactions (col. 10, lines 32-46, virtual reality systems that provide an enhanced interface experience to users of computers, and effectively immerse the users within their respective computing environments. Virtual reality systems may include any number of monitors or other displays, as well as one or more motion sensors that may be used to track positions and/or motion of one or more limbs or other body parts. In some embodiments, virtual reality monitors, displays and/or sensors that may be worn on or about the human body. By rendering visual information in a three-dimensional orientation around a user, and tracking the user's movements or other responses to the rendered information, a virtual reality system may permit the user to physically interact with aspects of a simulated environment; col. 19, lines 20-29, the servers, data stores and/or processors may operate or provide access to one or more reporting systems for receiving or displaying information or data regarding orders for items received by the marketplace 210, and may provide one or more interfaces for receiving interactions (e.g., selections) from one or more operators, users, workers or other persons in response to such information or data; col. 30, lines 56-59, a purchasing history of the customer may be searched for information or data regarding previously purchased by the customer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Haitani with Singh for the reasons identified above with respect to claim 1.
Regarding claim 20, Singh/Haitani discloses the method of claim 9. Singh further discloses further comprising displaying personalized audio content within the virtual shopping environment based on user profile data, wherein the audio content is selected from a group consisting of music playlists, voice-based assistant prompts, and in-store advertisements (para. 21, the friend service can include audio streaming; para. 48, during the multi-user session 402, in some scenarios, the primary user navigates through the computer-generated 3D space 106 with a live audio channel being broadcast to the one or more secondary users, such that the secondary users can listen to the primary user talk and/or speak to the users or with the guide or assistant user.; para. 40 the virtual environment platform 102, the merchant system(s) 202 and/or the guest systems 204 can communicate with each other via network connections provided by the network(s) 206. The network(s) 206 can include any type of network a Voice over Internet Protocol (VoIP) network).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application No. 2005/0216346 to Katsumoto et al. discloses participants in an interactive environment implemented by computer networks and other media such as interactive television are recruited to advertise products and brans to other participants and viewers that are users of the media.
U.S. Patent Application No. 2016/0292966 to Denham discloses a system and method of providing a virtual shopping experience including virtual environment module over a computerized network, where a plurality of users are able to navigate and virtual environment each using and avatar by operation of a graphical user interface.
U.S. Patent Application No. 2018/0121997 to O’Brien et al. discloses an online shopping experience that covers computer resources such as adjusting the display quality of avatar during an online or virtual session.
U.S. Patent Application No. 2018/0350144 to Rathod discloses virtual world simulations of the real-world or emulate real-life or real-life activities.
U.S. Patent Application No. 2015/0256209 to Singh et al. discloses a generation of customizable three-dimensional virtual environments by using a template user interface which defines multiple customizable parameters.
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Marissa Thein
Supervisory Patent Examiner
Art Unit 3625
/MARISSA THEIN/Supervisory Patent Examiner, Art Unit 3689
