DETAILED ACTION
The present application (Application No. 18/318,368), filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-3, 5-7, 9, and 11-12 have been amended. Claims 8 and 10 (previously withdrawn) have been canceled. Therefore, claims 1-7, 9, 11-12, are pending and addressed below.
Priority
This application claims priority of Republic of Korea Applications No. 10-2022-0062866, filed 05/23/2022; 10-2022-0062867, filed 05/23/2022; 10-2022-0178642, filed 12/19/2022; and 10-2022-0178643, filed 12/19/2022 Applicant’s claim for the benefit of these prior filed applications is acknowledged. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-7, 9, 11-12, 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.
Step 1: In the instant case, claims 1-7, 11-12, are directed to a method, and claim 9, is directed to an apparatus, therefore the claims are directed to statutory categories of invention.
Step 2A- Prong 1: The independent claim 1 is directed to a method for providing incentives (granting cryptocurrency) in exchange for using the keyboard NFT. In particular the invention rewards the user with cryptocurrency for using the NFT. Accordingly, the claimed steps represent a method of organizing commercial interactions comprising advertising, marketing and sales activities, which falls within the “Certain Methods of Organizing Human Activity” abstract idea grouping, wherein all the claim steps can be seen as being part of the abstract idea of providing incentives in exchange for using the keyboard NFT.
As now amended the claimed steps do not really change the scope of the claims. Independent claim 1, as amended, still comprises steps of: installing an application on a terminal; displaying the customized virtual keyboard by activating the application; monitoring use of a customized virtual keyboard; granting cryptocurrency to the user in conformity with the capability of the keyboard NFT while the customized virtual keyboard is being used. These claimed steps are steps of storing information on the NFT capability, tracking usage of the NFT; calculating the earned cryptocurrency as a function of the tracked usage and capability information (analyzing data and making determinations/correlations/comparisons); and paying or awarding the earned cryptocurrency to the user account. All these steps, but for the use of generic computer components that execute them, are abstract generic functions performed by general-purpose computers.
Claim 9 recites substantially similar subject matter and the same subsequent analysis should be applied thereto.
Step 2A- Prong 2: Additional elements include: “a keyboard NFT”; “an apparatus” (for providing a virtual keyboard service), comprising “a processor”; and “an application”.
The keyboard NFT is the virtual object that is tracked and monitored, and the apparatus, the processor and the application are the system means. These additional elements are recited at a high level of generality and the steps that they execute represent generic functions which can be performed by a general-purpose computer without any novel programming or improvement in the operation of the computer itself. These additional elements are merely invoked as tools to perform an abstract idea (mere instructions to apply the exception) as discussed in MPEP 2106.05(f).
To cite an analogy, old and widespread airline frequent flier credit cards award miles to cardholders, the more the card is used the more miles the cardholder is granted. Further higher capability cards i.e., platinum cards award more miles per dollar spent, than gold credit cards, and gold credit cards award more miles per dollar spent, than bronze or silver credit cards. The keyboard NFT of the invention only represent a particular technological environment, merely a particular technical field of use to which the judicial exception is linked to, and this technological environment is used to merely transmit, receive, store, gather, analyze, make determinations/correlations with, and display data. It is noted that NFTS have been old and well known ever since 2014 when the first NFT called Quantum was created and minted by Kevin McCoy on Namecoin (https://nftnow.com/guides/nft-timeline-the-beginnings-and-history-of-nfts/).
Accordingly, the additional elements when the claim elements are viewed individually and as a whole do not integrate the abstract idea into a practical application.
Step 2B: Based on the reasoning provided under Step 2A- Prong 2, the claims under Step 2B do not recite “significantly more” than the abstract idea. At this point, either under the “Certain Methods of Organizing Human Activity” grouping scenario where all the claim steps can be seen as being part of the abstract ideas, or under the “Mental Processes” grouping scenario, the analysis is terminated because the same analysis with respect to Step 2A Prong 2 applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
That is, these additional elements are recited at a high level of generality and the steps that they execute represent conventional functions which can be performed by a general-purpose computer without any improvement to the programming technique or improvement in the operation of the computer itself.
The dependent claims have been considered. Dependent claims 2-8, add limits to the capability attributes. Dependent claim 12, further limits the displaying/presenting of data using the user interface, and therefore only limits the application of the idea, and not add significantly more than the idea. When considered as a whole, the same analysis with respect to Step 2A Prong 2 and step 2B, apply to these additional elements. They cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7, 9, 11, are rejected under 35 U.S.C. 103 as being unpatentable over STEPN (Wayback Machine Whitepaper, April 22, 2022)* (hereinafter “StepN”), in view of Kim I.Y. (US 2020/0258079) (hereinafter “Kim8079”).
*: <https://web.archive.org/web/20220422132445/https://whitepaper.stepn.com/game-fi-elements>
Regarding claim 1, StepN discloses:
(installing an application on a terminal of a user holding a first keyboard non-fungible token (NFT) associated with a first customized virtual keyboard including at least a first customized graphical user interface element that is different from a second customized virtual keyboard associated with a second keyboard NFT ).
(displaying the first customized virtual keyboard with at least the first customized graphical user interface element by activating the application) .
User(s) installs a Web3 lifestyle app called StepN on a terminal, and said app is displayed on the user terminal, via a customized user interface element (see StepN Whitepaper, April 22, 2022).
(monitoring use of the first customized virtual keyboard by the user to detect receipt of a
plurality of words or a plurality combinations of words, each of the words and the
combinations of words corresponding to a word NFT, on the first customized virtual keyboard using the application).
(see StepN Whitepaper, April 22, 2022).
Web3 lifestyle app called StepN, that encourages users to “move-to-earn”. STEPN users with NFT (non-fungible token) sneakers can earn Green Satoshi Token (GST) by walking or running outdoors, or by “renting” out their NFT sneakers to other users. GST can be used to pay for digital items and upgrades.
The tokens can also be used to level up and mint new Sneakers, and players can sell or rent their NFT sneakers on the app Marketplace.
STEPN offers users a blockchain-based fitness application, and it works when users purchase NFTs that last for a limited amount of time.
(determining a capability of the first keyboard NFT in consideration of an attribute of the first keyboard NFT varying with a usage of the first customized virtual keyboard, the attribute of the first keyboard NFT including:
an efficiency that increases with the use of the first customized virtual keyboard,
a durability that decreases with the use of the first customized virtual keyboard, and
a grade that defines a maximum number of the plurality of words and the plurality combinations of the words). (see StepN Whitepaper, April 22, 2022).
Sneaker attributes including:
(1) Type of Sneaker - Base GST returns for each Sneaker based on Sneaker Attributes (see the Sneaker Attributes section)
(increased with the usage) GST grant (cryptocurrency) increases with usage (see StepN Whitepaper, April 22, 2022, “GST/GMT will be paid out for every minute of movement”)
Sneaker Attributes
(a) Sneaker’s Efficiency Attribute - The higher the efficiency, the more GST earned per minute, based on GST levels. (1) Efficiency (GST/GMT Earning)
Determines how much additional GST/GMT players may earn over and above the Sneaker's base return in Solo Mode. The more efficient a GST/GMT player is, the more money he or she may make per unit of energy expended.
(b) Luck (Mystery Box) –Luck determines the frequency and quality of a Mystery Box drop. Users are also able to receive Mystery Box drops while their Sneakers are leased out.
(c) Sneaker’s Comfort Attribute - The higher the comfort, the more GMT earned per minute. Users will have the option to choose between GST and GMT earning at Level 30
(“durability” as claimed)
(d) Resilience attribute (Durability/Repair) – In Solo Mode, Resilience affects the decay rate of Durability. Higher Resilience will result in a slower Durability decay. The higher the Sneaker's level or quality, the higher the repair cost. Durability is a Sneaker’s “stamina” bar. As a user moves, Durability will decrease. Sneakers receive a “worn-out” penalty at 2 Durability touch points
(granting cryptocurrency to the user according to the capability of the first keyboard NFT and detected receipt of the words and the combinations of words through the first customized virtual keyboard, an amount of granted cryptocurrency increased with a number of detected receipt of the words and the combinations of words and increase in the efficiency of the first keyboard NFT).
When being used by a user, the NFT can earn Green Satoshi Token (GST) (granting cryptocurrency to the user) (see StepN Whitepaper, April 22, 2022). In other words, STEPN users can earn Green Satoshi Token (GST) by walking or running outdoors with NFT sneakers, or by “renting” out their NFT sneakers to other users. Moreover, the amount of GST (cryptocurrency) granted increases (an amount of granted cryptocurrency increased) with usage and as a function the NFT’s attributes (see StepN Whitepaper, April 22, 2022).
The mobile game rewards players with game tokens for every step they take (granting cryptocurrency to the user). Game tokens may be won passively or actively, and governance tokens can be gained after the player has reached the maximum level. An NFT shoe, which may be purchased or rented for free, is required to play the game. Burning game tokens and/or governance tokens allows players to level up, add jewels, and create new NFT footwear in the game. (see StepN Whitepaper, April 22, 2022).
GST/GMT will be paid out for every minute of movement (granted cryptocurrency increased) (see StepN Whitepaper, April 22, 2022).
When a user uses the NFT the NFT can earn Green Satoshi Token (GST). In other words, STEPN users can earn Green Satoshi Token (GST) by walking or running outdoors with NFT sneakers, or by “renting” out their NFT sneakers to other users. GST can be used to pay for digital items and upgrades
As indicated, StepN discloses (see StepN Whitepaper, April 22, 2022): A virtual NFT object in the form of a NFT sneaker, and further discloses: “based on an application”, “monitoring use of a virtual NFT sneaker”, “determining a NFT capability in consideration of a NFT attribute varying with a usage of the virtual NFT”, and “granting cryptocurrency to the user according to the capability of the keyboard NFT and an amount of granted cryptocurrency increased with a number of detected receipt of the word”.
but StepN does not disclose these “monitoring”, “determining” and “granting cryptocurrency” functionalities in reference to “a keyboard Non-Fungible Token (NFT) based on an application”; of the customized virtual keyboard;
and does not disclose: (use of the customized virtual keyboard by the user to detect receipt of a word corresponding to a word NFT on the customized virtual keyboard using the application).
However, Kim8079 discloses:
User communication terminal 100, and text currency App 300 (and user interface) configured to provide various services related to text currency (detect receipt of a word corresponding to a word NFT on the customized virtual keyboard) (a number of detected receipt of the word) to a user by interworking with the text currency server 200, and monitor a specific activity of the user through the communication terminal 100 (see at least Kim8079, fig. 1, ¶15-16). The text currency server 200 performs a process of paying text currency to a user according to a predetermined activity of users (i.e., provides text currency issuance and payment services based on membership) (see at least Kim8079, fig. 1, ¶16).
The text registration unit 231 receives from the communication terminal 100, a text, such as a word, for example, “Coca-Cola” or “Gyeongbokgung” (detect receipt of a word corresponding to a word NFT on the customized virtual keyboard) for which the user makes a request to register, and the text registration unit 231 registers the text in the text currency DB 221, the registration of which is requested by the user (see at least Kim8079, fig. 2, ¶19).
The text currency issuing unit 232 generates a text currency, which is a cryptocurrency for the newly registered text, and newly issues the same (see at least Kim8079, ¶20, 29).
According to an embodiment, the supporter activity check unit 235 checks whether there is a texting activity in association with the supporter's text currency App 300; herein, the texting activity may be text recording on a social media or text transmission using a messenger (see at least Kim8079, fig. 2, ¶22).
The text currency payment unit 236 may pay the text currency to a virtual currency account of the supporter according to the texting activity for each supporter. According to an embodiment, the text currency payment unit 236 pays a predetermined amount of text currency according to contents of activity or counts of activities. According to another embodiment, the text currency payment unit 236 pays a predetermined amount of text currency according to the counts of activities per a content of activity. Examples of the content of the activity include text recording on the social media described above or text transmission using a messenger. (based on usage as claimed) (see at least Kim8079, fig. 2, ¶23).
Kim8079 (see fig. 3, ¶26) further discloses: The text currency App 300 is an application that is installed and executed in the communication terminal 100 to interwork with the text currency server 200, and may provide text currency platform service to users. As shown in FIG. 2, the text currency App 300 may include an activity monitoring unit 310 and an activity reporting unit 320. The activity monitoring unit 310 performs a function of monitoring a predetermined texting activity for a text supported by the user (a number of detected receipt of the word). According to an embodiment, the text currency App 300 may monitor whether a user records a text that the user supports on a social media using an application for social media, such as Twitter, Facebook, or Instagram, or the user delivers the text supported by the user to others by using a messenger app, such as KakaoTalk or Line. For such monitoring, the activity monitoring unit 310 may access at least some resources of the terminal resource unit 110. The activity reporting unit 320 reports the texting activity of the user monitored by the activity monitoring unit 310 to the text currency server 200. Accordingly, the supporter activity check unit 235 of the text currency server 200 receives the texting activity from the text currency App 300 and checks the texting activity of the user according to the report.
(claim 9) (apparatus for providing a virtual keyboard service, comprising: one or more processors; and a memory storing instructions thereon) (see at least Kim8079, fig. 1-2, ¶15-18).
As per above, Kim8079 teaches: Word(s) or character(s) (akin to NFT objects) are registered by the user, and a text currency App 300 issues text currency (cryptocurrency reward) when the user performs text activity (based on usage as claimed) using a user interface specifically designed (customized as claimed) for the purpose of executing the steps of Kim’s method over network communications, wherein the activity reporting unit 320 reports (to the text currency server 200), the texting activity of the user, monitored by the activity monitoring unit 310.
Kim8079 does not expressly disclose “a keyboard” (the customized virtual keyboard), however it would have been obvious to try, by one of ordinary skill in the art before the effective filing date of the claimed invention, to implement “a keyboard”, since this implementation (a keyboard) is one of a finite number of predictable means for texting (a finite number of identified, predictable potential solutions), to the recognized need of enabling a user to perform texting functions using the customized user interface specifically designed for the purpose of executing the steps of Kim’s method over network communications, and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success.
StepN meanwhile teaches: “Use-to-earn” web3 application, comprising NFT objects (NFT sneakers) which when used by the users (upon usage) earns the user cryptocurrency (game tokens).
Accordingly, as just explained, StepN and Kim8079, they both teach a “use-to-earn” application comprising registered objects which, when used by the user earn cryptocurrency to the user, and this user activity is monitored (either by tracking outdoor physical jogging activity of a user, and/or alternatively, by tracking physical or actual typing/texting activity of a user using the keyboard, respectively). In addition, StepN and Kim8079, they both teach a “customized user interface” as part of their specific functionalities for displaying and activating the application via a customized graphical user interface element.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify StepN with Kim8079, since this modification would be a simple substitution of one known element (i.e., keyboard usage i.e., texting/typing by a user, tracked by a “use-to-earn” application, as taught by Kim8079), for another known element (i.e., NFT sneaker usage by a user, tracked by a “use-to-earn” application, as taught by StepN), to obtain the predictable result of earning cryptocurrency rewards based on the amount of usage by a user of a given registered or unique element (i.e., NFT sneaker or a keyboard), , and the substitution produces no new and unexpected result.
Moreover, since this substitution offers the benefit of enticing a user to use the registered element, then it would have been within the predictable motivation of a person of ordinary skill in the incentives’ arts, to implement the attributes and other features of the NFT sneakers of the StepN app, also to the tracking app of Kim8079, and thereby expanding this incentivizing feature in the context of outdoor jogging also to the context of texting using a keyboard.
Regarding claim 2, StepN in view of Kim8079 discloses: All the limitations of claim 1 as per the above rejection statement.
As explained in the rejection of the parent claims: StepN discloses:
Sneaker Attributes
(a) Sneaker’s Efficiency Attribute - The higher the efficiency, the more GST earned per minute, based on GST levels. (1) Efficiency (GST/GMT Earning)
Determines how much additional GST/GMT players may earn over and above the Sneaker's base return in Solo Mode. The more efficient a GST/GMT player is, the more money he or she may make per unit of energy expended.
(b) Luck (Mystery Box) –Luck determines the frequency and quality of a Mystery Box drop. Users are also able to receive Mystery Box drops while their Sneakers are leased out.
(c) Sneaker’s Comfort Attribute - The higher the comfort, the more GMT earned per minute. Users will have the option to choose between GST and GMT earning at Level 30
(d) Resilience attribute (Durability/Repair) – In Solo Mode, Resilience affects the decay rate of Durability. Higher Resilience will result in a slower Durability decay. The higher the Sneaker's level or quality, the higher the repair cost. Durability is a Sneaker’s “stamina” bar. As a user moves, Durability will decrease. Sneakers receive a “worn-out” penalty at 2 Durability touch points.
In view of the NFT sneaker attributes taught in StepN, the combination of StepN in view of Kim8079, teaching a NFT keyboard, formulated in the rejection of claim 1, discloses: (wherein: default values of the attribute of the first keyboard NFT and an attribute of the second keyboard NFT are set differently depending on the grade of the first keyboard NFT and a grade of the second keyboard NFT)
Regarding claim 3, StepN in view of Kim8079 discloses: All the limitations of the corresponding parent claims (claims 1-2) as per the above rejection statements.
In view of the “Resilience attribute (Durability/Repair)” features of the NFT sneaker taught in StepN, the combination of StepN in view of Kim8079 teaching a NFT keyboard, formulated in the rejection of claim 1, discloses: (wherein: the capability of the first keyboard NFT is a value obtained by applying a current residual durability rate, calculated based on a default value of the durability, to a value obtained by multiplying the usage by the efficiency, and the cryptocurrency is granted to an extent corresponding to the capability at intervals of a preset unit time while the first customized virtual keyboard is being used ).
Regarding claim 4, StepN in view of Kim8079 discloses: All the limitations of the corresponding parent claims (claims 1-3;) as per the above rejection statements.
In view of the combination of features in StepN: “Sneaker Types”, “Sneaker Quality”, and “Sneaker Level” (see StepN Whitepaper, April 22, 2022), the combined system of StepN in view of Kim8079, teaching a NFT keyboard, formulated in the rejection of claim 1, further discloses: (wherein: the efficiency is increased through a stat point provided as a keyboard NFT level is increased based on an experience point provided in conformity with the usage, and the durability is decreased as the usage is increased, and is recovered to the default value when cryptocurrency payment for durability recovery occurs).
Regarding claim 5, StepN in view of Kim8079 discloses: All the limitations of the corresponding parent claims (claims 1-2;) as per the above rejection statements.
In view of the combination of features in StepN: “Sneaker Types”, “Sneaker Quality”, and “Sneaker Level” and possibly “Gems and Sockets” (see StepN Whitepaper, April 22, 2022), the combined system of StepN in view of Kim8079, teaching a NFT keyboard, formulated in the rejection of claim 1, further discloses: (when cryptocurrency payment for keyboard NFT reinforcement occurs, reinforcing the first keyboard NFT in consideration of a possible number of reinforcement attempts, assigned in conformity with the grade of the first keyboard NFT, and a preset reinforcement success probability; and in a case where the keyboard NFT reinforcement has succeeded, increasing the default value of the attribute of the first keyboard NFT).
Regarding claim 6, StepN in view of Kim8079 discloses: All the limitations of claim 1 as per the above rejection statement
As explained in the rejection of claim 1, StepN discloses: “lending” and “paying cryptocurrency to the user as a reward for NFT sneaker lending”.
StepN discloses: “Co-branded Sneaker” (a brand theme has been applied).
Further, even if it could be argued that StepN may not specifically teach: (adding a weight to the capability of the first NFT sneaker NFT in consideration of whether a brand theme has been applied; and paying cryptocurrency to the user as a reward for keyboard NFT lending),
it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine, the “Co-branded Sneaker” feature in StepN, with the other sneaker features of “Sneaker Types”, “Sneaker Quality”, and “Sneaker Level” and possibly “Gems and Sockets”, to teach “adding a weight to the NFT sneaker capability in consideration of whether a brand theme has been applied”. One of ordinary skill in the art would have been motivated to expand in this way since “Co-branded Sneaker” is no less a particular distinctive attribute of an NFT sneaker than “Sneaker Type”, “Sneaker Quality” and “Sneaker Level”, and since this functionality to differentially earn GST based on some attributes is already implemented in the methodology of StepN, it would have been within the predictable motivation of a person of ordinary skill in the incentives arts, to implement this claimed “adding a weight” feature.
In addition, for the same reasons formulated in the rejection of claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the NFT sneakers sStepN with Kim8079, since this modification would be a simple substitution of one known element (i.e., keyboard usage i.e., texting/typing by a user, tracked by a “use-to-earn” application, as taught by Kim8079), for another known element (i.e., NFT sneaker usage by a user, tracked by a “use-to-earn” application, as taught by StepN), to obtain the predictable result of earning cryptocurrency rewards based on the amount of usage by a user of a given registered or unique element (i.e., NFT sneaker or a keyboard), , and the substitution produces no new and unexpected result.
Regarding claim 7, StepN in view of Kim8079 discloses: All the limitations of claim 1 as per the above rejection statement
As explained in the rejection of claim 1, StepN discloses: “lending” and “paying cryptocurrency to the user as a reward for NFT sneaker lending”
StepN discloses: “Shoe-Minting” (see StepN Whitepaper, April 22, 2022). (when cryptocurrency payment for minting occurs, combining two different types (first and second keyboards) of NFT sneakers held by the user, and providing a third NFT sneaker created by the combination to the user in response to a successful minting that depends on a preset minting success probability).
In view of this “Shoe-Minting” feature of NFT sneakers taught in StepN, the combination of StepN in view of Kim8079, teaching “an NFT keyboard”, formulated in the rejection of claim 1, discloses: (when cryptocurrency payment for minting occurs, combining two different types of keyboard NFTs held by the user, and providing a new type of keyboard NFT created by the combination to the user in a case where minting has succeeded depending on a preset minting success probability).
Regarding claim 11, StepN in view of Kim8079 discloses: All the limitations of claim 1 as per the above rejection statement
StepN discloses: (wherein the first customized graphical user interface element comprises a link to a webpage of a company affiliated with the customized virtual keyboard). Download the STEPN app Download from linktr.ee/stepnofficial. (see StepN Whitepaper, April 22, 2022, “(2) 2.2”).
Claim 12, is rejected under 35 U.S.C. 103 as being unpatentable over STEPN (Wayback Machine Whitepaper, April 22, 2022)* (hereinafter “StepN”), in view of Kim I.Y. (US 2020/0258079) (hereinafter “Kim8079”), and further in view of Schultz et al. (US 2010/0279720) (hereinafter “Schultz9720”).
*: <https://web.archive.org/web/20220422132445/https://whitepaper.stepn.com/game-fi-elements>
Regarding claim 12, StepN in view of Kim8079 discloses: All the limitations of claim 1 as per the above rejection statement
The StepN/Kim8079 combination formulated in the rejection of claim 1 does not specifically disclose: (wherein the first virtual keyboard comprises a utility bar and a keypad)
Kim8079 further discloses: The communication terminal 100 is a communication-enabled computing device used by users in order to use the text currency service provided by the text currency server 200, for example, a smart phone or a smart pad. A text currency App 300, which is an application required to use the platform service, may be installed and executed in the communication terminal 100. (see at least Kim8079, fig. 2, ¶15).
Schultz9720 additionally discloses: Input mechanisms include numeric keypads on phones and keyboards operated by thumb in a "hunt and peck" method. More advanced PDA's have touch screens for input and output. (see at least Kim8079, ¶7, 26).
Communications between user 400 and the display of display and control module 110 is performed through the physical interface provided by mobile device 100. For a cellular telephone, for example, this comprises a display screen, keypad, and other input mechanisms built into the telephone. Similarly, for PDAs, it may comprise a screen, keyboard and other buttons, thumbwheel, touch screen, or combinations thereof. Depending on the device, artisans will recognize the applicable input mechanisms that may be employed to operate the systems and methods of the present disclosure. (see at least Kim8079, fig. 1-2, ¶44).
Therefore, Schultz9720 teaches in part: Touchscreen for display of virtual keyboard and numeric keypad (virtual keyboard comprises a keypad).
Schultz9720 further discloses: Display and control module 110 manages all user interaction from a mobile device's input mechanism, such as the keypad of a mobile phone, and displays content on the screen of mobile device 100 (see at least Schultz9720, fig. 1-2, ¶26).
Display and control module 110 comprises user interface 111 and background threads 115 (see at least Schultz9720, fig. 2, ¶26).
Display and control module 110a also provides an integrated method of switching between instant messaging mode, as shown as a tool bar at the bottom of the screen with commands "Switch" and "Enter" corresponding with two keypad buttons on mobile device 100. Artisans will recognize that other commands may be mapped to a tool bar (a utility bar), according to embodiments. (see at least Schultz9720, fig. 1-2, ¶40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to include in the virtual keyboard of the combined StepN/Kim8079 system, a utility bar and a keypad as taught by Schultz9720, since the invention of Schultz9720 integrates both web browsing module 130, which provides a platform for viewing content from the internet, and instant messaging module 120, which provides a platform, for sending and receiving instant messages, into a single application; thereby allowing users 400 to easily switch between instant messaging module 120 and web browsing module 130 (see Schultz9720, ¶25).
Response to Arguments
Applicant's arguments filed 05/12/2025 have been fully considered.
35 U.S.C. 101
Applicant's arguments regarding 35 U.S.C. 101 are not persuasive. The rejection is maintained.
Applicant argues:
#1) Applicant respectfully submits that the claim is not directed to the sub-grouping of commercial or legal interactions… Hence, the claim is directed to new ways for users to earn rewards and customize their experience on using a virtual keyboard, which is inherently not commercial interactions.
#2) Further, under step 2A, Prong 2 of the Alice/Mayo test, the claim as a whole integrates the judicial exception into a practical application because the claim includes an additional element or a combination of elements that relates to an improvement in the functioning of a computer, or an improvement to other technology or technical field. (See MPEP §2106.04(d) I.) By providing a new way of receiving user inputs using customized virtual keyboard in combination of the blockchain technology, the claimed invention contributes to the improvement in the technical field of user interfaces. Accordingly, amended claim 1 is patent eligible under step 2A, Prong 2 of the Alice/Mayo test.
#3) Even if the claims were directed to the alleged abstract idea, the additional elements of the claimed invention represent limitations other than what is well-understood, routine, conventional activity in the field or add unconventional steps non-conventional and non-routine steps. Specifically, the additional elements in claim 1 include at least: "a keyboard non-fungible token (NFT) associated with a customized virtual keyboard including at least a customized graphical user interface element,""displaying the customized virtual keyboard with at least the customized graphical user interface element," and "monitoring use of the customized virtual keyboard ... to detect receipt of a word corresponding to a word NFT on the customized virtual keyboard...." These are additional meaningful limitations that beneficially differentiate customer benefits and experience. Hence, these added limitations amount to "significantly more" and renders the claim eligible for patent protection under 35 U.S.C. § 101.
In response:
Applicant’s remarks seem to be a repetition of same arguments already previously presented in the response dated 9/11/2025. Accordingly, the same previous response to arguments is here again presented and maintained.
#1) Generally speaking, using an app and getting rewards for using the app does not overcome a 35 U.S.C. § 101 rejection.
The independent claims are directed to a method for providing incentives (granting cryptocurrency) in exchange for using the keyboard NFT. In particular, the invention rewards the user with cryptocurrency for using the NFT. Accordingly, the claimed steps unquestionably represent a method of organizing commercial interactions comprising advertising, marketing and sales activities, which falls within the “Certain Methods of Organizing Human Activity” abstract idea grouping, wherein all the claim steps can be seen as being part of the abstract idea of providing incentives in exchange for using the keyboard NFT.
Moreover, the claimed steps are steps of storing information on the NFT capability, tracking usage of the NFT; calculating the earned cryptocurrency as a function of the tracked usage and capability information (analyzing data and making determinations/correlations/comparisons); and paying or awarding the earned cryptocurrency to the user account. All these steps, but for the use of generic computer components that execute them, are abstract generic functions performed by general-purpose computers.
#2)
Applicants assert that “the claim includes an additional element or a combination of elements that relates to an improvement in the functioning of a computer, or an improvement to other technology or technical field”, but do not explain why and how the claimed invention “relates to an improvement in the functioning of a computer, or an improvement to other technology or technical field”. As a matter of fact, the claims only recite “improvements” to the abstract idea.
Applicant’s remarks “By providing a new way of receiving user inputs using customized virtual keyboard in combination of the blockchain technology, the claimed invention contributes to the improvement in the technical field of user interfaces” appear to relate to a different invention, since the instant claimed invention is not about blockchain technology. Blockchain technology is outside the scope of the instant claims. Notwithstanding, it is further noted that blockchain technology has been old and well known at the time of the claimed invention.
#3)
The Step 2A- Prong 2 analysis in the pending rejection, concluded that the additional elements were recited at a high level of generality and represented no more than mere instructions to apply the judicial exception on a computer using generic computer components. Then, the analysis under Step 2A, Prong 2 is carried through to Step 2B. However, since revised Step 2A- Prong 2 overlaps with Step 2B, many of the considerations need not be reevaluated in Step 2B because the answer will be the same, and since no additional element was considered insignificant extra-solution activity (emphasis added), then the analysis is terminated because the same analysis with respect to Step 2A Prong 2 also applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. That is, these additional elements are recited at a high level of generality and the steps that they execute represent conventional functions which can be performed by a general-purpose computer without any improvement to the programming technique or improvement in the operation of the computer itself.
Even in the absence of steps representative of insignificant extra-solution activity beyond the abstract idea itself, to cite an analogy of an old and widespread process (“well-understood, routine, conventional activity in the field or add unconventional steps non- conventional and non-routine steps”), airline frequent-flier credit cards award miles to cardholders, wherein, the more the card is used, the more miles the cardholder is granted. Further “higher capability cards” i.e., platinum cards, award more miles per dollar spent, than gold credit cards, and gold credit cards award more miles per dollar spent, than bronze or silver credit cards.
The keyboard NFT of the invention only represent a particular technological environment, merely a particular technical field of use to which the judicial exception is linked to, and this technological environment is used to merely transmit, receive, store, gather, analyze, make determinations/correlations with, and display data. It is noted that NFTS have been old and well known ever since 2014 when the first NFT called Quantum was created and minted by Kevin McCoy on Namecoin (https://nftnow.com/guides/nft-timeline-the-beginnings-and-history-of-nfts/).
35 U.S.C. 103
Applicant argues:
Neither StepN nor Kim8079 disclose “installing an application on a terminal … holding a first keyboard non-fungible token (NFT) associated with a first customized virtual keyboard including at least a first customized graphical user interface element,"; "displaying the first customized virtual keyboard with at least the first customized graphical user interface element," and "determining a capability of the first keyboard NFT in consideration of the attribute including: an efficiency a durability and a grade that defines a maximum number of the plurality of words and the plurality combinations of the words.
In response:
As explained in the office action above, applicants appear to disagree that the teaching in Kim8079 of having word(s) or character(s) registered by the user, and a text currency App 300 issues text currency (cryptocurrency reward) when the user performs text activity do not teach an NFT object, unless the two-word expression “NFT keyboard” is explicitly recited. Examiner disagrees with this characterization. This above word registration and a text currency features, describe attributes closely associated with an NFT concept.
The primary reference StepN teaches: a non-fungible token (NFT) associated with an application installed on a terminal of a user; that the NFT is associated with attributes; that the user is granted rewards (rewarded) based on usage of the NFT as a function of the NFT’s attributes, and that the rewards consist in part of an amount of cryptocurrency that is granted to the user. The office action then brings in a secondary reference Kim8079 to teach the specific “virtual keyboard" element. Leading into the rejection rationale, Kim8079 teaches: User communication terminal 100, and text currency App 300 (and user interface) configured to provide various services related to text currency (detect receipt of a word corresponding to a word NFT on the customized virtual keyboard) to a user by interworking with the text currency server 200, and monitor a specific activity of the user through the communication terminal 100 (see at least Kim8079, fig. 1, ¶15-16). The rejection further summarizes that Kim8079 teaches: Word(s) or character(s) (akin to NFT objects) are registered by the user, and a text currency App 300 issues text currency (cryptocurrency reward) when the user performs text activity (based on usage as claimed) using a user interface specifically designed (customized as claimed) for the purpose of executing the steps of Kim’s method over network communications, wherein the activity reporting unit 320 reports (to the text currency server 200), the texting activity of the user, monitored by the activity monitoring unit 310.
Kim8079 does not expressly disclose “a keyboard”, however it would have been obvious to try, by one of ordinary skill in the art before the effective filing date of the claimed invention, to implement “a keyboard”, since this implementation (a keyboard) is one of a finite number of predictable means for texting (a finite number of identified, predictable potential solutions) to the recognized need of enabling a user to perform texting functions, and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success.
Accordingly, as just explained, StepN and Kim8079, they both teach a “use-to-earn” application comprising registered objects which, when used by the user earn cryptocurrency to the user, and this user activity is monitored (either by tracking outdoor physical jogging activity of a user, and/or alternatively, by tracking physical or actual typing/texting activity of a user using the keyboard, respectively). In addition, StepN and Kim8079, they both teach a “customized user interface” as part of their specific functionalities for displaying and activating the application via a customized graphical user interface element. The office action then explains (as it is quite apparent to a person of ordinary skill in the art) how the primary and secondary references StepN and Kim8079 respectively are analogous prior art, and proceeds to articulate a by-the-book KSR obviousness rejection using rationale B (Simple Substitution Of One Known Element For Another To Obtain Predictable Results), to teach the claimed keyboard NFT element.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/FAHD A OBEID/Supervisory Patent Examiner, Art Unit 3627