DETAILED ACTION
Status of Claims
The following is a Non-Final Office Action in response to Applicant’s amendments filed on 08/26/2026.
a. Claims 1, 14, 20 are amended
b. Claims 3, 7-11, 16-17, and 26-27 were previously cancelled
Overall, claims 1-2, 4-6, 12-15, 18-25, and 28-30 are pending and have been considered below.
Priority
The application claims priority to provisional application 63/229,350, filed on 08/04/2021. The priority is acknowledged.
Information Disclosure Statement (IDS)
The information disclosure statement (IDS) submitted on 02/26/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, such IDS is being considered by Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4-6, 12-15, 18-25, and 28-30 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 on lines 3-5 recites the limitation " wherein the digital pack of items comprises one or more digital items, each of which corresponding to a respective physical item in the unopened pack of physical items" The claim recites the digital packs of items have a corresponding physical item in the unopened pack of physical item. The specification filed on 02/01/2023 on [0079] recites " The packs can be physical packs having physical cards therein and/or digital packs having digital cards therein. Physical packs, and each physical card therein, have a digital collectible counterpart." Based on the recited portion of the specification recites the digital items has a physical counterpart, however, the specification is silent on the process or step required to determine/create/render the physical items in the unopened pack of physical item in a digital environment. Thus, claim 1 have no coverage and therefore the amended elements in the claim are new matter.
Claims 14 and 20 recites similar limitations to claim 1, and thus are rejected for the same reason above.
The remainder of the claims are rejected by virtue of dependency.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-6, 12-15, 18-25, and 28-30 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 on lines 22-23 recites “… for the one or more physical items and the at least one item in exchange for a physical item.” There is insufficient antecedent basis because it is unclear whether the “a physical item” in the redemption refers to the physical items from pack of physical items. Furthermore, claim 1 on line 26 further recites “record item associated with the physical item and the at least one item” One of skilled in the art would be confused if the items in this limitation represents the physical items from the pack of physical item.
Claims 14 and 20 recites similar limitations to claim 1, and thus are rejected for the reasoning above.
The remainder of the claims are rejected by virtue of dependency.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 non-obviousness.
Claims 1-2, 4-6, 12-15, 18-25, and 28–30 are rejected under 35 U.S.C. 103 as being unpatentable over, Giang (US 20230033434 A1), in view of Yantis (US 20220058630 A1), in further view of Prajapati (US 20210311931 A1).
Regarding Claims 1, 14, 20. Giang discloses:
providing, by a processor, a digital pack of items associated with an unopened pack of physical items in an electronic item system; [see at least Fig.7, (0182) pack 700 (i.e., digital pack) is rendered to resemble a physical pack (i.e., physical pack) of trading cards.]
wherein the digital pack of items comprises one or more digital items, each of which corresponding to a respective physical item in the unopened pack of physical items; [see at least Fig. 7 and (0182) FIG. 7 depicts an exemplary embodiment of a pack 700, as it may be displayed on a GUI. The pack 700 may be rendered in any fashion that would represent a set of 3D digital collectibles to a user. In this embodiment, pack 700 is rendered to resemble a physical pack of trading cards. Pack 700 includes graphical data 705 or other data, including event, context and/or metadata 210 associated to the collectibles in the pack.]
Note: Examiner notes the claim recites digital pack represents unopened pack of physical item. The Giang reference discloses on Fig. 7, a render pack which is unopened, and the digital pack of Fig. 7 is based on a physical pack. Here, it is reasonable to infer the rendered digital pack reads on Applicant’s digital pack. And therefore, one of skill in the art would have understood the reference to teach the limitation.
presenting, by the processor and on a pack item system graphical user interface (GUI): an image of the unopened pack of physical items; and a graphical input device for opening the unopened pack of physical items; [(0187) the pack can be “opened” by user interactions, such as by clicking a button, virtually tearing the pack, or other appropriate manipulation.]
receiving, by the processor, a selection of the graphical input device for opening the unopened pack of physical items; [(0187) the pack can be “opened” by user interactions, such as by clicking a button, virtually tearing the pack, or other appropriate manipulation. (0188) A GUI may display a separate icon for each of the packs associated with the user account. After acquisition and opening by a user, an icon representing each of the 3D digital collectibles associated with the pack may be displayed in a grid, carousel, or other arrangement for viewing.]
in response to opening the unopened physical pack of items, generating, by the processor, one or more physical item records in the electronic item system, wherein the one or more physical item records are associated with one or more physical items at least partially released from the opened pack of physical items; [(0006) The website may store the digital collectibles and/or a record of the user's transaction history relating to the digital collectibles in association with a user account on a storage device associated with the website.]
associating, by the processor, the one or more physical item records with a physical item user profile; [(0006) The website may enable users to register with the website and acquire digital collectibles or packs of digital collectibles. The website may store the digital collectibles and/or a record of the user's transaction history relating to the digital collectibles in association with a user account on a storage device associated with the website.]
presenting, by the processor and on the pack item system GUI, an image of each of the one or more physical items and at least one image of at least one item stored by a third party; [(0189) GUI 800 will display the 3D digital collectibles icons in pack 700 as shown in FIG. 8 a. In this example, pack 700 includes three (or other number of) individual 3D digital collectibles. GUI 800 may display the individual 3D digital collectibles icons of pack 700 in any manner]
Giang discloses rendering digital pack, however, Giang does not expressly disclose:
presenting, by the processor and on a physical item system GUI, a graphical input device for redemption of the one or more physical items and the at least one item in exchange for a physical item;
receiving, by the processor, a selection of the graphical input device for redemption;
automatically generating, by the processor, a redeemed item record associated with the physical item and the at least one item;
associating, by the processor, the redeemed item record with the physical item user profile;
automatically deleting, by the processor, the one or more physical item records associated with the physical item user profile in response to the receiving the selection of the graphical input device for redemption;
providing the physical item and the at least one item;
storing the physical item and the at least one item in a physical location;
generating, by the processor, a physical item location record associated with the physical location and a physical item system;
generating, by the processor, a physical item record associated with the physical item, the at least one item, and the physical item system;
associating, by the processor, the physical item and the at least one item with the physical item user profile in the physical item system;
presenting, by the processor and on the physical item system GUI:
a graphical input device for an electronic transfer of the physical item and the at least one item; and
a graphical input device for a physical transfer of the physical item and the at least one item;
and in response to receiving a selection of the graphical input device for the electronic transfer of the physical item and the at least one item, electronically transferring, by the processor, association of the physical item and the at least one item from the physical item user profile to a different physical item user profile by at least one of:
transferring, by the processor, the physical item record from the physical item system to an electronic item system in electronic communication with a physical item system; or generating, by the processor, a digital item record based on the physical item record and transferring, by the processor, the digital item record from the physical item system to the electronic item system,
wherein the physical location of the physical item and the at least one item remains the same in response to the electronically transferring the association of the physical item and the at least one item to the electronic item system; and
in response to receiving a selection of the graphical input device for a physical transfer of the physical item and the at least one item, shipping the physical item and the at least one item to a different physical location and deleting the digital item record from the physical item system.
Nonetheless, Yantis discloses transferring items:
presenting, by the processor and on a physical item system GUI, a graphical input device for redemption of the one or more physical items and the at least one item in exchange for a physical item; [see at least (0020) the item being redeemed is a tangible good (i.e., exchange for a physical good). In some of these embodiments, the delivery details include a current geolocation of the user device captured by the user device. (0854) the marketplace system 102 may include graphical user interfaces that: allow sellers to define virtual representations, allow consumers to view virtual representations of items and to transact for tokens corresponding to the items, and allow token owners to redeem tokens, thereby completing transactions for items indicated by the redeemed tokens (0905) the user may be redeeming a token corresponding to a physical good (e.g., clothing, food, electronics, etc.) or a physical service (e.g., maid service). In the case of a physical good, the redemption system 404 may determine a workflow for satisfying the physical item.]
receiving, by the processor, a selection of the graphical input device for redemption; [(0849) a user may select a token to redeem from a digital wallet of the user]
automatically generating, by the processor, a redeemed item record associated with the physical item and the at least one item; [(0009) updating the distributed ledger with a block that includes ownership data that indicates that a specific token corresponding to the virtual representation is owned by the transacting user in response to verifying the request to participate in the transaction, wherein the specific token is redeemed by an owner of the token in order to satisfy the transaction for the instance of the item. (0020) the item being redeemed is a tangible good (i.e., exchange for a physical good).]
Note: Examiner notes the Yantis reference discloses updating record after specific token is redeemed by an owner, and the item being redeemed can be a tangible item. One of skilled in the art can conclude the ledger is updated when token is redeemed for physical item (i.e., tangible good).
providing the physical item and the at least one item; [see at least (0831) the tokenization platform is configured to support a token-based lending system, whereby lenders may create virtual items corresponding to collateral (e.g., jewelry, collectible items, artwork, and the like). The ecommerce platform may tokenize the virtual item and may store (i.e., storing) the token on a distributed ledger. In this way, the loan may be sold and only the token needs to be transferred between lenders. (0906) The redemption system 404 may execute additional or alternative workflows to handle redemption of a token. For example, in some scenarios the initial purchaser of the token may not have specified certain parameters of an item that are needed to satisfy the transaction. For example, if the item is clothing, the initial purchaser may not have specified the size and/or color of the item. In another example, if the item is a food item, the initial purchaser may not have specified side orders, toppings, drink choices, or the like. If the item is an experience such as plane tickets or a hotel reservation, the initial purchaser may not have specified dates of travel. In these scenarios, the redemption system 404 may present a GUI that allows the redeemer of the token to specify the needed parameters, so that the transaction may be specified. In response to receiving the parameters, the redemption system 404 may ascribe these parameters to the instance of the virtual representation or to any other suitable data structure corresponding to the satisfaction of the transaction (e.g., a delivery order, a purchase order, etc.), such that the transaction may be satisfied.]
Note: Examiner notes the Yantis reference discloses token being redeemed for tangible good, and specifically the cited portion above indicate the user redeem the token for clothing (i.e., physical item). However, one of skilled in the art can conclude that the clothes (i.e., physical items) can be stored in a physical location for it shipping after the user redeems the token.
storing the physical item and the at least one item in a physical location; [(0870) The seller may provide information such as a physical location where physical items may be shipped from]
generating, by the processor, a physical item location record associated with the physical location and a physical item system; [(0870) The seller may provide information such as a physical location where physical items may be shipped from, a digital location where digital items may be retrieved from]
generating, by the processor, a physical item record associated with the physical item, the at least one item, and the physical item system; [(0905) the redemption system 404 may look up the shipping information of the user from, for example, the distributed ledger or a user database]
presenting, by the processor and on the physical item system GUI: a graphical input device for an electronic transfer of the physical item and the at least one item; and a graphical input device for a physical transfer of the physical item and the at least one item; [(0841) The first graphical user interface may allow a user associated with a seller to offer items for sale and to create new virtual representations corresponding to the items for sale.]
transferring, by the processor, the physical item record from the physical item system to an electronic item system in electronic communication with a physical item system; or generating, by the processor, a digital item record based on the physical item record and transferring, by the processor, the digital item record from the physical item system to the electronic item system [(0898) The token holder may initiate the transfer of a token from the digital wallet of the token holder. In some embodiments, transfers of tokens may be performed via the platform 100.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang to include the features of Yantis. A person a having the ordinary skill in the art would have been motivated to securely transfer pack of items using the pack of items of Giang using the transferring technique of Yantis. Giang discloses managing packs of cards. Yantis teaches transferring items. Because both Giang as well as Yantis are implemented through field of transferring. Accordingly, the claimed subject matter is obvious over Giang/Yantis
The combination of Giang in view of Yantis discloses transferring item. However, the above combination of Giang, Yantis does not disclose:
associating, by the processor, the redeemed item record with the physical item user profile;
automatically deleting, by the processor, the one or more physical item records associated with the physical item user profile in response to the receiving the selection of the graphical input device for redemption;
associating, by the processor, the physical item and the at least one item with the physical item user profile in the physical item system;
in response to receiving a selection of the graphical input device for the electronic transfer of the physical item and the at least one item, electronically transferring, by the processor, association of the physical item and the at least one item from the physical item user profile to a different physical item user profile by at least one of:
in response to receiving a selection of the graphical input device for a physical transfer of the physical item and the at least one item, shipping the physical item and the at least one item to a different physical location and deleting the digital item record from the physical item system.
However, Parajapati discloses:
associating, by the processor, the redeemed item record with the physical item user profile; [(0093) user profile accesses particular functionality to store a new transferable data object associated with the user profile. In this regard, the transferable data object may correspond to a particular item (either real or virtual) owned by the user corresponding to the user profile.]
automatically deleting, by the processor, the one or more physical item records associated with the physical item user profile in response to the receiving the selection of the graphical input device for redemption; [see at least (0084) the transferable data object is automatically removed from association with the sender user profile, and/or from an object repository including available transfer object(s), after a transfer is complete. (0093) a user profile accesses particular functionality to store a new transferable data object associated with the user profile. In this regard, the transferable data object may correspond to a particular item (either real or virtual) owned by the user corresponding to the user profile.]
associating, by the processor, the physical item and the at least one item with the physical item user profile in the physical item system; [(0093) user profile accesses particular functionality to store a new transferable data object associated with the user profile. In this regard, the transferable data object may correspond to a particular item (either real or virtual) owned by the user corresponding to the user profile.]
in response to receiving a selection of the graphical input device for the electronic transfer of the physical item and the at least one item, electronically transferring, by the processor, association of the physical item and the at least one item from the physical item user profile to a different physical item user profile by at least one of: [(0093) user profile accesses particular functionality to store a new transferable data object associated with the user profile. In this regard, the transferable data object may correspond to a particular item (either real or virtual) owned by the user corresponding to the user profile.]
in response to receiving a selection of the graphical input device for a physical transfer of the physical item and the at least one item, shipping the physical item and the at least one item to a different physical location and deleting the digital item record from the physical item system. [see at least (0084) the transferable data object is automatically removed from association with the sender user profile, and/or from an object repository including available transfer object(s), after a transfer is complete. (0905) the redemption system 404 may present a GUI to the user that allows the user to enter shipping information of the user. Alternatively, the redemption system 404 may look up the shipping information of the user from, for example, the distributed ledger or a user database. The redemption system 404 may then initiate shipment of the physical good. For example, the redemption system 404 (or a logistics system) may transmit a shipping request to a warehouse that handles shipments of the good indicating the shipping information.
Note: Examiner notes the Prajapati reference discloses allowing the user to input the shipping address. Thus, one skilled in the art can conclude if the user can input different shipping address for the items.
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang, Yantis to include the features of Prajapati. A person a having the ordinary skill in the art would have been motivated to securely transfer item using the profile as taught by Prajapati with the item of Giang, Yantis. Giang, Yantis discloses transferring items. Prajapati teaches user profile associated with the item. Because both Giang, Yantis as well as Prajapati are implemented through field of transferring item and the profile of Prajapati would use the item transferring of Giang, Yantis to securely transfer item. Accordingly, the claimed subject matter is obvious over Giang, Yantis/ Prajapati.
Regarding Claim 2. Giang, Yantis, Prajapati, discloses the limitations of Claim 1. Yantis further discloses:
wherein the graphical input device is for the physical transfer of the physical item, and wherein the electronically transferring the physical item to the electronic item system occurs automatically [see at least (0138) a user sending a message includes an embedded media content of the second digital token that represents the defined quantity of the cryptocurrency to a recipient, the system automatically transfers the defined amount of the cryptocurrency from an account of the user to an account of the recipient of the message.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang, Yantis, Prajapati to include the additional features of Yantis. A person a having the ordinary skill in the art would have been motivated to securely transfer item using the profile as taught by Prajapati with the item of Giang, Yantis. Giang, Yantis discloses transferring items. Yantis teaches transferring items. Moreover, since the subject matter is merely a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Prajapati further discloses:
in response to the associating the physical item to the physical item user profile in the physical item system. [(0093) a user profile accesses particular functionality to store a new transferable data object associated with the user profile. In this regard, the transferable data object may correspond to a particular item (either real or virtual) owned by the user corresponding to the user profile.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang, Yantis, Prajapati to include the additional features of Prajapati. A person a having the ordinary skill in the art would have been motivated to transfer items using the profile of Prajapati and the technique of transferring items of Giang, Yantis, Prajapati. Giang, Yantis, Prajapati discloses transferring items. Prajapati further teaches user profile associated with transferable items. Because both Giang, Yantis, Prajapati as well as Prajapati are implemented through field of transferring item. Moreover, since the subject matter is merely a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claims 4, 24. Giang, Yantis, Prajapati discloses the limitations of Claims 1, 20. Yantis further discloses:
wherein the physical item record comprises a physical item image and a physical item description of the physical item, wherein the method further comprises displaying, by the processor, the physical item image and the physical item description on an electronic item system GUI in response to the transferring the physical item to the electronic item system. [(0472) receiving, by a processing system … one or more photographs of the asset, receiving, by the processing system, item information relating to the asset, receiving, by the processing system, a holding location of the asset, generating, by the processing system, a virtual representation of the asset based on the one or more photographs, the item information]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang, Yantis, Prajapati to include the additional features of Yantis. A person a having the ordinary skill in the art would have been motivated to securely transfer item using the profile as taught by Prajapati with the item of Giang, Yantis. Giang, Yantis discloses transferring items. Yantis teaches transferring items. Moreover, since the subject matter is merely a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claims 5, 15, 21, 25. Yantis, Prajapati, Giang discloses the limitations of Claims 4, 14, 20, 24. Prajapati further discloses:
automatically deleting, by the processor, the physical item record from the physical item system in response to the electronically transferring the physical item to the electronic item system. [see at least (0045) examples of a transferable data object include a real-world product, collectible, item, commodity, furniture, and/or other property, and/or virtual item, virtual collectible, virtual data, virtual commodity, in-game item, a non-fungible token (NFT), and/or other virtual property. (0084) the transferable data object is automatically removed from association with the sender user profile, and/or from an object repository including available transfer object(s), after a transfer is complete.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang, Yantis, Prajapati to include the additional features of Prajapati. A person a having the ordinary skill in the art would have been motivated to transfer items using the profile of Prajapati and the technique of transferring items of Giang, Yantis, Prajapati. Giang, Yantis, Prajapati discloses transferring items. Prajapati further teaches user profile associated with transferable items. Because both Giang, Yantis, Prajapati as well as Prajapati are implemented through field of transferring item. Moreover, since the subject matter is merely a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 6. Yantis, Prajapati, Giang discloses the limitations of Claim 4. Yantis further discloses:
wherein the digital item record comprises ownership information associated with an ownership of the physical item, wherein the method further comprises: [(0967) The ledger stores a plurality of public addresses, a plurality of virtual representations of a plurality of respective items, and, for each virtual representation, a set of tokens, and ownership data of each respective token.]
receiving, by the processor, a command to change the ownership of the physical item to a second digital item user profile in the electronic item system; and [see at least (0888) the ledger update system 304 receives an ownership change request requesting to change ownership of a token to another account.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang, Yantis, Prajapati to include the additional features of Yantis. A person a having the ordinary skill in the art would have been motivated to securely transfer item using the profile as taught by Prajapati with the item of Giang, Yantis. Giang, Yantis discloses transferring items. Yantis teaches transferring items. Moreover, since the subject matter is merely a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Prajapati further discloses:
associating, by the processor, the physical item with a digital item user profile in the electronic item system in response to the electronically transferring the physical item to the electronic item system; [(0093) In some embodiments, a user profile accesses particular functionality to store a new transferable data object associated with the user profile. In this regard, the transferable data object may correspond to a particular item (either real or virtual) owned by the user corresponding to the user profile.]
the physical item to a second digital item user profile in the electronic item system; and [(0093) In some embodiments, a user profile accesses particular functionality to store a new transferable data object associated with the user profile. In this regard, the transferable data object may correspond to a particular item (either real or virtual) owned by the user corresponding to the user profile.]
revising, by the processor, the ownership information for the physical item to be associated with the second digital item user profile in response to receiving the command to change the ownership, wherein the physical location of the physical item remains the same in response to the revising the ownership of the physical item. [see at least (0093) In some embodiments, a user profile accesses particular functionality to store a new transferable data object associated with the user profile. In this regard, the transferable data object may correspond to a particular item (either real or virtual) owned by the user corresponding to the user profile.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang, Yantis, Prajapati to include the additional features of Prajapati. A person a having the ordinary skill in the art would have been motivated to transfer items using the profile of Prajapati and the technique of transferring items of Giang, Yantis, Prajapati. Giang, Yantis, Prajapati discloses transferring items. Prajapati further teaches user profile associated with transferable items. Because both Giang, Yantis, Prajapati as well as Prajapati are implemented through field of transferring item. Moreover, since the subject matter is merely a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claims 12, 18, 22. Yantis, Prajapati, Giang discloses the limitations of Claims 1, 14, 20. Yantis further discloses:
providing, by the processor, an NFT item in an NFT item system in electronic communication with the electronic item system, wherein the NFT item is stored on a blockchain; [see at least (Abstract) The system includes a secure data storage system that stores a set of NFTS. (0328) the data storage system uses a blockchain.]
generating, by the processor, an NFT item record in the NFT item system associated with the NFT item, wherein the NFT item record is logged in a private ledger associated with the NFT item system; and [see at least (0849) the platform 100 may request shipping information from the user or may look up the shipping information of the user from the distributed ledger. (0880) the distributed ledger 310 is a private ledger, where the ledger is distributed amongst nodes under control of the platform 100.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang, Yantis, Prajapati to include the additional features of Yantis. A person a having the ordinary skill in the art would have been motivated to securely transfer item using the profile as taught by Prajapati with the item of Giang, Yantis. Giang, Yantis discloses transferring items. Yantis teaches transferring items. Moreover, since the subject matter is merely a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Prajapati further discloses:
associating, by the processor, the NFT item with an NFT item user profile in the NFT item system. [(0093) In some embodiments, a user profile accesses particular functionality to store a new transferable data object associated with the user profile. In this regard, the transferable data object may correspond to a particular item (either real or virtual) owned by the user corresponding to the user profile.]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang, Yantis, Prajapati to include the additional features of Prajapati. A person a having the ordinary skill in the art would have been motivated to transfer items using the profile of Prajapati and the technique of transferring items of Giang, Yantis, Prajapati. Giang, Yantis, Prajapati discloses transferring items. Prajapati further teaches user profile associated with transferable items. Because both Giang, Yantis, Prajapati as well as Prajapati are implemented through field of transferring item. Moreover, since the subject matter is merely a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claims 13, 19, 23. Yantis, Prajapati, Giang discloses the limitations of Claims 12, 18, 22. Yantis further discloses:
presenting, by the processor and on an NFT item system GUI, a graphical input device for an electronic transfer of the NFT item; [(Abstract) a graphical user interface that allows a user to transact for items via a user device and a token transfer system that receives a transaction request to transfer a respective NFT to an account]
receiving, by the processor, a selection of the graphical input device for the electronic transfer of the NFT item; and [(0972) At 1106, the digital tokens are transferred in response to keyboard interactions. In embodiments, a digital keyboard is displayed by the digital wallet graphical user interface. The digital keyboard includes a selectable media content that is representative of the item corresponding to the digital token within the transfer request. User input producing a text-based message including a selection of the selectable media content by the digital keyboard is received]
transferring, by the processor, the NFT item record to the electronic item system. [(Abstract) a graphical user interface that allows a user to transact for items via a user device and a token transfer system that receives a transaction request to transfer a respective NFT to an account]
In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify the features of Giang, Yantis, Prajapati to include the additional features of Yantis. A person a having the ordinary skill in the art would have been motivated to securely transfer item using the profile as taught by Prajapati with the item of Giang, Yantis. Giang, Yantis discloses transferring items. Yantis teaches transferring items. Moreover, since the subject matter is merely a combination of old features, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claims 28, 29, 30. Yantis, Prajapati, Giang discloses the limitations of Claims 12, 18, 22. Giang further discloses:
wherein a digital record associated with the least one item was received from a differently formatted blockchain than the digital pack of items. [see at least Fig. 10 (0098) exemplary embodiment of a method of using eligibility criteria. At 1010, a new pack of collectibles is created]
Note: Examiner notes the above combination of Yantis, Prajapati, Giang does not expressly disclose wherein a digital record associated with the least one item was received from a differently formatted blockchain than the digital pack of items. However, this limitation represents non-functional descriptive material as the format of how the item is being received does not meaningfully does not impact the method step of receiving the pack of items (see MPEP 2111.04). Therefore, the type of format cannot be given patentable weight. However, for the purpose of compact prosecution the reference is provided above where it is appropriate.
Response to Amendments/Arguments
With respect to Applicant’s Remarks as to the claims being rejected under 35 USC § 103.
Applicant submits: “Giang, however, does not disclose a pack of tangible, physical items, let alone a digital pack of items comprising "one or more digital items, each of which corresponding to a respective physical item in the unopened pack of physical items" as recited in claim 1. Rather, Giang's pack 700 is an entirely digital pack of items that is merely rendered on a graphical user interface to visually resemble the appearance of a physical pack of trading cards (see Giang at [0181]-[0182]). Nowhere does Giang describe any underlying pack of physical items, nor digital items in the digital pack associated therewith. Thus, Giang does not disclose "providing, by a processor, a digital pack of items associated with an unopened pack of physical items in an electronic item system, wherein the digital pack of items comprises one or more digital items, each of which corresponding to a respective physical item in the unopened pack of physical items" as required by Applicant's claim 1, and does not cure the deficiencies of Yantis and Prajapati. Claims 14 and 20 have been amended similarly to claim 1. Therefore, Applicant respectfully submits that the arguments set forth above with respect to claim 1 similarly apply to claims 14 and 20. In view of the foregoing, none of Yantis, Prajapati, and Giang, alone or in combination, disclose the limitations of Applicant's claims 1, 14, and 20. None of the other cited references cure the deficiencies of Yantis, Prajapati, and Giang at least because they were not cited for such purposes. For at least the foregoing reasons, Applicant's claims 1, 14, and 20 are not obvious in view of the cited references, and thus, Applicant's claims 1, 14, and 20 are allowable. Dependent claims 2, 4-6, 12-13, 15, 18-19, 21-25, and 28-30 variously depend from independent claims 1, 14, and 20. As such, dependent claims 2, 4-6, 12-13, 15, 18-19, 21-25, and 28-30 are allowable for at least the reasons set forth above, in addition to their own unique features.”
Examiner response: The Applicant argues the combination of Yantis, in view of Prajapati, in further view of Gian does not disclose the amended claim limitation. Specifically, the Applicant argues the Giang reference does not disclose “providing, by a processor, a digital pack of items associated with an unopened pack of physical items in an electronic item system, wherein the digital pack of items comprises one or more digital items, each of which corresponding to a respective physical item in the unopened pack of physical items.” The Examiner argues of skilled in the art, under broadest reasonable interpretation would conclude the specific claim recites digital pack containing digital item which resembles physical items in a physical pack. Additionally, the Giang reference teaches “The pack 700 may be rendered in any fashion that would represent a set of 3D digital collectibles to a user. In this embodiment, pack 700 is rendered to resemble a physical pack of trading cards.” (Giang [00182]). One of skilled in the art can conclude the rendered digital pack of Giang is same as the digital pack of the applicant as both are digital packs that contain digital items that resemble physical items. Thus, the combination of Giang, in view of Yantis, in further view of Prajapati does disclose the claim limitations of claims 1, 14, and 20. And, the dependent claims 2, 4-6, 12-13, 15, 18-19, 21-25 remain rejected by at least virtue of dependency. The Examiner has fully considered but does not find Applicant’s argument persuasive. The rejection has been maintained.
Relevant Prior Art Not Relied Upon
The prior art made of record and not relied upon which, however, is considered pertinent to applicant's disclosure:
US 20090288012 A1 Hertel; Philipp Frank Hermann Udo et al. Secured Electronic Transaction System - A configuration (a system and/or a method) are disclosed that includes a unified and integrated configuration that is composed of a payment system, an advertising system, and an identity management system as well as their associated methods such that the unified system has all of the benefits of the individual systems as well as several additional synergistic benefits. Also described are specific configurations (subsystems and/or methods) including the system's access point architecture, a user interface that acts as a visual wallet simulator, a security architecture, coupon handling as well as the system's structure and means for delivering them as targeted advertising, business card handling, membership card handling for the purposes of login management, receipt handling, and the editors and grammars provided for customizing the different types of objects in the system as well as the creation of new custom objects with custom behaviors. The configurations are operable on-line as well as through physical presence transactions, e.g., mobile transaction through a mobile phone or dedicated device at a physical site for a transaction.
US 20200273048 A1 Andon; Christopher et al. SYSTEMS AND METHODS FOR PROVISIONING CRYPTOGRAPHIC DIGITAL ASSETS FOR BLOCKCHAIN-SECURED RETAIL PRODUCTS - Presented are cryptographic digital assets for retail products, methods for making/using such cryptographic digital assets, and computing systems for generating, intermingling, and exchanging blockchain-protected products. A method for provisioning cryptographic digital assets associated with retail product transfers includes broadcasting notifications of a future transaction of a retail product, and receiving, over a distributed computing network from the computing devices of multiple users, requests to participate in the transaction. A select number of users is added to a virtual line associated with the retail product transaction; from the virtual line, a first user is selected to receive the retail product and a second user is selected to receive a cryptographic digital asset containing a digital retail product and a unique digital asset code. The cryptographic digital asset is transferred to the second user's digital wallet, and the unique digital asset code is recorded on a record block of a blockchain ledger.
US 20190095882 A1 Parker; Duncan MULTI-LEVEL NETWORK-BASED ACCESS COORDINATION - Multi-level network-based access is coordinated. Multiple downloadable first software applications configured to provide a first class of service are distributed over a communications network. Multiple downloadable second software applications configured to provide a second class of service are distributed over the communications network. A centralized computer system coordinates access between the first software applications and the second software applications, such that access between any of the first software applications and the second software applications is controlled by and through confirmation of the centralized computer system. Services on behalf of the first software applications are provided by the centralized computer system to the second software applications once access between a first software application and a second software application is confirmed.
US 20210056536 A1 Carter; Patrick L. et al. SHORT RANGE COMMUNICATION ENABLED OBJECT FOR FACILITATING PROXIMITY BASED INTERACTION WITH AT LEAST ONE ELECTRONIC DEVICE - Disclosed herein is a short range communication enabled object for facilitating proximity based interaction with at least one electronic device. Further, the short range communication enabled object may include a memory device configured for storing a designated value associated with a predetermined action. Further, the short range communication enabled object may include a processing device communicatively coupled to the memory device. Further, the processing device may be configured for manipulating the designated value. Further, the short range communication enabled object may include at least one sensor communicatively coupled to the processing device. Further, the at least one sensor may be configured for generating at least one sensor data. Further, the manipulating of the designated value may be based on the at least one sensor data. Further, the short range communication enabled object may include a transmitter device configured for transmitting data over a short range communication channel to the at least one electronic device.
US 20220092599 A1 Sofaer; Michael Systems and Methods for a Permissionless Decentralized Virtual Asset Network - A blockchain system for containing authority within a distributed consensual system includes a blockchain network of participating user devices. A participating user device, having a memory and a processor, is configured to create an account linking blockchain transaction to link a developer account with an external authority account of a user of the device. The user device is further configured to publish a recipe associated with the user's developer account, receive, from an external authority, a receipt indicating purchase of the recipe by another user connected to the distributed consensual system, create a recipe blockchain transaction including data identifying the recipe and the receipt, and broadcast the recipe blockchain transaction on the blockchain network. Upon validation, the user receives payment via one or more additional blockchain transactions.
US 20230069223 A1 Patel; Disha et al. VERIFIED TRANSACTIONS THROUGH INTEGRATIONS - Verified transactions through integrations of social network and payment service computing platforms are described. A payment service computing platform may generate a token associated with a first account associated with a payment service, the token being configured to facilitate a number of transfers of an amount from the first account to one or more second accounts. The payment service computing platform may further receive a first request, from an electronic device of a second user associated with the one or more second accounts, to redeem the amount associated with the token, facilitate acquisition of one or more assets for the second user, wherein the one or more assets are determined by the second user or based at least in part on a machine-learning model trained to infer a preference of the first or second user, and associate the one or more assets with a second account of the second user.
Conclusion
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/M.S.H./Examiner, Art Unit 3698 /PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698
