DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 4, 6 – 8, 14 – 16, 19 and 21 – 26 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by McDonald (US 2022/0405066).
As per claim 1, McDonald discloses:
a digital market module configured to facilitate acquisition of a bot from a digital market; (McDonald discloses the ability to buy or rent bots or intelligent NFT’s) (McDonald 0032 0050)
a game module configured to enable a user to play a game using the acquired bot; (McDonald discloses allowing a user to play a game with an acquired bot or nft) (McDonald 0032, 0034)
a training module configured to train the bot through game play of a first user against one or more players, (McDonald discloses the training of a NFT through a first player against other player characters) (McDonald 0034, 0048, 0049) wherein the training module is further configured to train the bot through game play of a second user; and (McDonald discloses the trading of NFT’s to others (McDonald 0032, 0034) wherein they can also train the NFT by means of gameplay to improve the NFT’s stats and abilities (McDonald 0034, 0048, 0049)
a feedback module configured to obtain training data on the bot's performance in the game, wherein the training data includes characteristics of the game play of the first user and the second user and is stored in metadata or a database. (McDonald discloses the storing of output of the performance of the NFTs resulting game and characteristics of the first and second user which on a blockchain network, wherein they can see stats of their NFT’s as they improve) (McDonald 0050).
As per claim 2, wherein the feedback module generates data on at least one of player performance, gameplay behavior, social and community, economy and resource management, game balance and tuning, and user experience metrics. . (McDonald discloses the storing of output of the performance of the NFTs resulting game and characteristics of the first and second user which on a blockchain network, wherein they can see stats of their NFT’s as they improve) (McDonald 0050).
As per claim 3, further comprising a data update module configured to enable the user to delete, erase, manipulate, or remove the bot's training data from the metadata or the database. (McDonald discloses the updating of a NFT’s stats by means of gameplay wherein the stats are updated or manipulated.) (McDonald 0050)
As per claim 4, further comprising a customization module configured to offer customizations such as skills, abilities, clothing, and other personalizations for purchase by the user from the digital market. (McDonald discloses the ability to buy parts of an NFT such as a frame, form or brain) (McDonald 0051)
As per claim 6, wherein the bot can be traded or rented. (McDonald Abstract, 0002, 0016, 0053)
As per clam 7, further comprising human-in-the-loop interactive simulation. (McDonald 0048)
As per clam 8, wherein the training data can be mutated. (McDonald 0048)
Dependent claim(s) 14-16 and 19 is/are anticipated by McDonald based on the same analysis set forth for claim(s) 1-4 and 7, which are similar in claim scope.
As per claim 21, wherein the game module is configured to enable a user to play on a plurality of distinct games. (McDonald discloses enabling a player to play and train NFTs for a plurality of distinct games such as Pong, Space Invaders or a sports team game) (McDonald 0030, 0049)
As per claim 22, wherein the training module is configured to train the bot in each of the plurality of distinct games. (McDonald discloses enabling a player to play and train NFTs for a plurality of distinct games such as Pong, Space Invaders or a sports team game) (McDonald 0030, 0049)
As per claim 23, wherein the system comprises a distributed ledger configured to record ownership transfers of the bot and to associate the bot with training or performance data contributed by successive owners. (McDonald 0001, 0003, 0017, 0021, 0050, 0051)
As per claim 24, wherein the bot is adapted to evolve based on contributions from different owners. (McDonald discloses the training of the “brain” by a player to improve stats and the trading to other players wherein ownership is transferred wherein the other player may utilize the brain to then train and improve the stats) (McDonald 0002, 0047 – 0048, 0050)
As per claim 25, wherein training contributions from different users are stored in modular form such that they may be selected, filtered, or combined by subsequent owners. (McDonald discloses the training of the “brain” by a player to improve stats and the trading to other players wherein ownership is transferred wherein the other player may utilize the brain to then train and improve the stats) (McDonald 0002, 0047 – 0048, 0050). The stats that can be improved by the player are stored in a manner that allows the user to see how they are improved (McDonald 0048, 0050)
As per claim 26, comprising creating a unique digital token that represents the trained bot as a transferable asset, wherein the unique digital token includes or is linked to data comprising the bot's parameters and metadata indicating a training history and one or more performance metrics associated with the first user's and the second user's training of the bot. (McDonald discloses the training of the “brain” by a player to improve stats and the trading to other players wherein ownership is transferred wherein the other player may utilize the brain to then train and improve the stats) (McDonald 0002, 0047 – 0048, 0050)
Claim Rejections - 35 USC § 103
Claim(s) 5 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDonald (US 2022/0405066) ) in view of Somers et al (US 2021/0001229)
As per claim 5, McDonald fails to disclose:
further comprising a league module configured to allow the trained bot to compete in a league with other players.
However, in a similar field of endeavor, Somers discloses the models controlling the NPC’s can be used in multiplayer game tournaments (i.e. leagues) (Somers 0060).
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify McDonald in view of Somers to provide a game system that allows players to compete in tournaments or leagues as this would promote a measure of competition and interest in the game as user would attempt to train their NFT’s to be the best and strongest in game competitions, thereby increasing interest in the game platform or system.
Dependent claim(s) 17 is/are made obvious by the combination of McDonald and Somers based on the same analysis set forth for claim(s) 5, which are similar in claim scope.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/RAW/ Examiner, Art Unit 3715
5/28/2026
/KANG HU/ Supervisory Patent Examiner, Art Unit 3715
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