DETAILED ACTION
This Final Office Action is in response to the application filed on 04/04/2023 and the Amendment & Remark filed on 07/08/2025.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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 (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
As an initial matter, the claims as a whole are to an apparatus and a plurality of processes, which falls within one or more statutory categories. (Step 1: YES) The recitation of the claimed invention is then further analyzed as follow, in which the abstract elements are boldfaced.
The claims recite:
A direct-to-consumer collectible system for use by a consumer of a collectible array including an NFT collectible, a digital collectible, and a physical collectible, the collectible system comprising:
a centralized collectible system that allows the consumer to one of buy, trade, and store the collectible array in an intermingled collection, the centralized collectible system assigning a unique set of identifiers that identify the status of each collectible, the unique set of identifiers being recorded on a blockchain;
an NFT collectible system that allows the consumer to purchase NFT collectibles, the NFT collectible system being configured so that NFT collectibles are transferrable between the NFT collectible system and the centralized collectible system; and
a physical collectible system that allows the consumer to purchase physical collectibles, the physical collectible system being configured so that physical collectibles can be transferred between the physical collectible system and the centralized collectible system; and
a series of pathways that facilitate one of (i) instantaneous exchange of NFT collectibles, and (ii) instantaneous transfer of collectible data between the centralized collectible system, the NFT collectible system, and the physical collectible system, and (iii) increased speed of transactions involving one or more of the NFT collective, the digital collectible, and the physical collectible within the centralized collectible system.
wherein the NFT collectible is tradeable for the physical collectible in the centralized collectible system.
wherein the centralized collectible system, the NFT collectible system, and the physical collectible system cooperate to facilitate the buying, storing, selling, shipping, and transferring of collectibles by the consumer.
wherein collectibles are freely transferable within the direct-to-consumer collectible system.
wherein the direct-to-consumer collectible system is configured to allow the consumer to play games including the NFT collectible, the digital collectible, and the physical collectible.
wherein the direct-to-consumer collectible system is configured to allow the consumer to trade collectibles with other consumers.
wherein the collectible centralized location is configured to offer digital packs, physical packs, hybrid packs, containers, and boxes for sale to the consumer, the digital packs, physical packs, hybrid packs, containers, and boxes including NFT collectibles, digital collectibles, and physical collectibles.
wherein the direct-to-consumer collectible system is implemented on at least a processor and a database.
wherein the direct-to-consumer collectible system assigns status identifiers to each of the plurality of collectibles within the collectible system.
wherein the direct-to-consumer collectible system is configured to determine and display an ownership status of a corresponding collectible within the collectible system.
wherein the direct-to-consumer collectible system identifies and displays the location of each collectible within the direct- to-consumer collectible system.
wherein the direct-to-consumer collectible system identifies and displays an ability of each collectible to be one of shipped and combined with other collectibles.
wherein the direct-to-consumer collectible system is configured to update ownership information of a corresponding collectible after the corresponding collectible is one of acquired, traded, sold, shipped, combined with other collectibles, and redeemed for an achievement.
wherein the direct-to-consumer collectible system is configured to update a functionality of each collectible as it moves through subsystems of the direct-to-consumer collectible system.
transacting collectibles in a centralized collectible system;
implementing a series of pathways between the centralized collectible system, an NFT collectible system, and a physical collectible system;
instantaneously transferring an NFT collectible from an NFT collectible system to the centralized collectible system; and
transferring a physical collectible from a physical collectible system to the centralized collectible system; and
creating an intermingled collection including (i) the NFT collectible and (ii) the physical collectible.
assigning a unique set of identifiers that identify the status of each collectible with the centralized collectible system;
recording the unique set of identifiers on a blockchain;
wherein the step of implement the series of pathways includes increased speed of transactions involving one or more of the NFT collective and the physical collectible within the centralized collectible system.
trading the NFT collectible for the physical collectible in the centralized collectible system.
trading the NFT collectible for a second NFT collectible in the centralized collectible system.
trading the physical collectible for a second physical collectible in the centralized collectible system.
displaying an ability of each collectible to be one of shipped and combined with other collectibles.
implementing a series of pathways between a centralized collectible system, an NFT collectible system, a physical collectible system, and a collectible consignment system;
creating a new set of status identifiers that identify a status of each of the collectibles within the direct-to-consumer collectible system;
recording the unique set of identifiers on a blockchain;
instantaneously transferring an NFT collectible from the NFT collectible system to the centralized collectible system;
transferring a physical collectible from the physical collectible system to the centralized collectible system;
creating an intermingled collection including (i) an NFT collectible and (ii) a physical collectible for use in games and receiving achievements, rewards, badges, and accolades; and
creating functionality for each of the collectibles to have transfer and ownership protocols within each subsystem of the collectible system.
wherein the step of implement the series of pathways includes increased speed of transactions involving one or more of the NFT collective and the physical collectible within the centralized collectible system.
Based on the limitations above, the claims describe a process that covers facilitating exchange of items. Facilitating exchange of items manages commercial or contractual relationship between the transaction entities, thus the claims fall within the commercial interaction subgroup and the Certain Methods of Organizing Human Activity grouping of abstract ideas. As such, the claim(s) recite(s) a Judicial Exception. (Step 2A prong one: Yes)
This analysis then evaluates whether the claims as a whole integrates the recited Judicial Exception into a practical application of the exception. In particular, the claims recite the additional element(s) of “… system” as a mere tool to perform the steps of the Judicial Exception, which encompasses no more than Mere Instruction to Apply.
For example, but for invoking the generic computing system to perform, “a centralized collectible system that allows the consumer to one of buy, trade, and store the collectible array in an intermingled collection, the centralized collectible system assigning a unique set of identifiers that identify the status of each collectible, the unique set of identifiers being recorded on a blockchain” in the context of the claimed invention encompasses a step of the commercial interaction allowing consumer to one of buy, trade and store the collectible array and manually assigning the set of unique identifiers;
but for invoking the generic computing system to perform, “an NFT collectible system that allows the consumer to purchase NFT collectibles, the NFT collectible system being configured so that NFT collectibles are transferrable between the NFT collectible system and the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction allowing the consumer to purchase and transfer NFT collectibles *;
but for invoking the generic computing system to perform, “a physical collectible system that allows the consumer to purchase physical collectibles, the physical collectible system being configured so that physical collectibles can be transferred between the physical collectible system and the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction allowing the consumer to purchase and transfer the physical collectibles;
but for invoking the generic computing system to perform, “a series of pathways that facilitate one of (i) instantaneous exchange of NFT collectibles, and (ii) instantaneous transfer of collectible data between the centralized collectible system, the NFT collectible system, and the physical collectible system, and (iii) increased speed of transactions involving one or more of the NFT collective, the digital collectible, and the physical collectible within the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction facilitating the exchange or transfer of collectible;
but for invoking the generic computing system to perform, “wherein the NFT collectible is tradeable for the physical collectible in the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction trading the NFT collectible to the physical collectible;
but for invoking the generic computing system to perform, “wherein the centralized collectible system, the NFT collectible system, and the physical collectible system cooperate to facilitate the buying, storing, selling, shipping, and transferring of collectibles by the consumer” in the context of the claimed invention encompasses a step of the commercial interaction facilitating the buying, storing, selling, shipping, and transferring of collectibles;
but for invoking the generic computing system to perform, “wherein collectibles are freely transferable within the direct-to-consumer collectible system” in the context of the claimed invention encompasses a step of the commercial interaction allowing freely transfer of the collectibles;
but for invoking the generic computing system to perform, “wherein the direct-to-consumer collectible system is configured to allow the consumer to play games including the NFT collectible, the digital collectible, and the physical collectible” in the context of the claimed invention encompasses a step of the commercial interaction allowing the consumer to play games including the NFT collectible, the digital collectible, and the physical collectible;
but for invoking the generic computing system to perform, “wherein the direct-to-consumer collectible system is configured to allow the consumer to trade collectibles with other consumers” in the context of the claimed invention encompasses a step of the commercial interaction offering digital packs, physical packs, hybrid packs, containers, and boxes for sale to the consumer;
but for invoking the generic computing system to perform, “wherein the direct-to-consumer collectible system is implemented on at least a processor and a database” in the context of the claimed invention encompasses a step of the commercial interaction operating the consumer collectible operation;
but for invoking the generic computing system to perform, “wherein the direct-to-consumer collectible system assigns status identifiers to each of the plurality of collectibles within the collectible system” in the context of the claimed invention encompasses a step of the commercial interaction assigning status identifier to each of the plurality of collectibles;
but for invoking the generic computing system to perform, “wherein the direct-to-consumer collectible system is configured to determine and display an ownership status of a corresponding collectible within the collectible system” in the context of the claimed invention encompasses a step of the commercial interaction determining and display ownership status of the corresponding collectible;
but for invoking the generic computing system to perform, “wherein the direct-to-consumer collectible system identifies and displays the location of each collectible within the direct- to-consumer collectible system” in the context of the claimed invention encompasses a step of the commercial interaction identifying and displaying the location of each collectible within the system;
but for invoking the generic computing system to perform, “wherein the direct-to-consumer collectible system identifies and displays an ability of each collectible to be one of shipped and combined with other collectibles” in the context of the claimed invention encompasses a step of the commercial interaction identifying and displaying the ability of each collectible to be shipped and combined with other collectibles;
but for invoking the generic computing system to perform, “wherein the direct-to-consumer collectible system is configured to update ownership information of a corresponding collectible after the corresponding collectible is one of acquired, traded, sold, shipped, combined with other collectibles, and redeemed for an achievement” in the context of the claimed invention encompasses a step of the commercial interaction updating ownership information of a corresponding collectible;
but for invoking the generic computing system to perform, “wherein the direct-to-consumer collectible system is configured to update a functionality of each collectible as it moves through subsystems of the direct-to-consumer collectible system” in the context of the claimed invention encompasses a step of the commercial interaction updating a functionality of each collectible;
but for invoking the generic computing system to perform, “transacting collectibles in a centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction transacting collectibles;
but for invoking the generic computing system to perform, “transferring an NFT collectible from an NFT collectible system to the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction transferring an NFT collectible;
but for invoking the generic computing system to perform, “instantaneously transferring a physical collectible from a physical collectible system to the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction transferring a physical collectible;
but for invoking the generic computing system to perform, “creating an intermingled collection including (i) the NFT collectible and (ii) the physical collectible” in the context of the claimed invention encompasses a step of the commercial interaction creating the intermingled collection;
but for invoking the generic computing system to perform, “assigning a unique set of identifiers that identify the status of each collectible with the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction assigning the unique set of identifiers that identify the status of each collectible;
but for invoking the generic computing system to perform, “trading the NFT collectible for the physical collectible in the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction trading the NFT and physical collectible;
but for invoking the generic computing system to perform, “trading the NFT collectible for a second NFT collectible in the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction trading the NFT collectible for a second NFT collectible;
but for invoking the generic computing system to perform, “trading the physical collectible for a second physical collectible in the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction trading the NFT collectible for a second NFT collectible;
but for invoking the generic computing system to perform, “displaying an ability of each collectible to be one of shipped and combined with other collectibles” in the context of the claimed invention encompasses a step of the commercial interaction displaying the ability of each collectible to be shipped or combined with other collectibles;
but for invoking the generic computing system to perform, “implementing a series of pathways between a centralized collectible system, an NFT collectible system, a physical collectible system, and a collectible consignment system” in the context of the claimed invention encompasses a step of the commercial interaction implementing pathways to facilitating communication between the systems;
but for invoking the generic computing system to perform, “creating a new set of status identifiers that identify a status of each of the collectibles within the direct-to-consumer collectible system” in the context of the claimed invention encompasses a step of the commercial interaction creating a new set of status identifiers that identify the status of each collectible;
but for invoking the generic computing system to perform, “instantaneously transferring an NFT collectible from the NFT collectible system to the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction transferring a physical collectible;
but for invoking the generic computing system to perform, “transferring a physical collectible from a physical collectible system to the centralized collectible system” in the context of the claimed invention encompasses a step of the commercial interaction transferring a physical collectible;
but for invoking the generic computing system to perform, “creating an intermingled collection including (i) an NFT collectible and (ii) a physical collectible for use in games and receiving achievements, rewards, badges, and accolades” in the context of the claimed invention encompasses a step of the commercial interaction creating the intermingled collection;
but for invoking the generic computing system to perform, “creating functionality for each of the collectibles to have transfer and ownership protocols within each subsystem of the collectible system” in the context of the claimed invention encompasses a step of the commercial interaction creating functionality for each of the collectibles to have transfer and ownership protocols
Other than being generally linked to the steps of the Judicial Exception, the systems in the above step(s) is/are recited at a high-level of generality, without technological detail of how the particular steps are performed technologically. The additional element(s) of “database” and “blockchain” are generically recited to store data and/or instructions of the Judicial Exception. The examiner further noted generic computer affixes such as “NFT” or “digital” are appended to abstract elements such as “collectible”, but found that to be mere instructions to implement the Judicial Exception idea on a computer.
Indeed, the instant claims (1) attempted to cover a solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result; (2) used of a computer or other machinery in its ordinary capacity for economic or other tasks or simply added a general purpose computer or computer components after the fact to the Judicial Exception and (3) generally applied the Judicial Exception to a generic computing environment without limitation indicative of practical application (See MPEP 2106.04(d)I). Thus, the claims are no more than Mere Instruction to Apply the Judicial Exception (See MPEP 2106.05(f)) or adding insignificant extra-solution activity to the judicial exception (See MPEP 2106.05(g)), which do not integrate the cited Judicial Exception into practical application (Step 2A prong two: No) The claims are directed to a Judicial Exception.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer system to facilitate exchange of item amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. No additional element currently recited in the claims amount the claims to be significantly more than the cited abstract idea. (Step 2B: No)
Therefore, claims 1-20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Response to Arguments
Applicant's arguments filed 12/17/2024 have been fully considered but they are not persuasive.
Regarding the applicant’s maintained arguments (same arguments included in the Remark dated 12/18/2023) that the claimed invention is directed to eligible subject matter, the examiner respectfully disagrees. In particular the applicant asserted that “the amendments to the claims provided herein further integrate the Judicial Exception into a practical application …these amended limitations demonstrate the increased speed of transfer items and data within the system and the improved data and ownership tracking information of the item and data using public and private ledgers”. However, the examiner maintained that the mechanism allowing the allegedly instantaneous transferring of collectible and data is left unexplained in the Specification. As such, the alleged improvement of increased speed of transfer items and data within the system is unsubstantiated. It should be noted that if the alleged increase of speed is solely the result of the use of the generic computing element, no technological improvement is achieved. (Accelerating a process of analyzing audit log data when the increased speed comes solely from the capabilities of a general-purpose computer, FairWarning IP, LLC v. Iatric Sys.) Contrary to the eligibility rationales in BASCOM and Enfish, the alleged improvement of improved data and ownership tracking information of the item and data is solely the result of using the generically recited ledger cannot result in improvement of technology. Thus, the argument is not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHO KWONG whose telephone number is (571)270-7955. The examiner can normally be reached 9am - 5pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL W ANDERSON can be reached at 571-270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHO YIU KWONG/Primary Examiner, Art Unit 3693