DETAILED ACTION
Status of Claims
Claims 1 and 12 have been amended.
Claims 1-21 are currently pending and have been considered by the examiner.
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 .
Response to Arguments
101 Rejection:
Applicant’s arguments have been considered and have been deemed unpersuasive based upon the rationale provided in the following 101 rejection.
Prior Art Rejection:
Applicant’s arguments have been considered and are moot in view of new grounds for rejection.
Claim Rejections - 35 USC § 112
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 1-21 are 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.
Claims 1 and 12 recites the limitation "presenting the scannable QR code for display on a player interface of the EGM". There is insufficient antecedent basis for this limitation in the claim.
Specifically, the claimed term “the EGM” lacks proper antecedent basis and thus it is unclear what exactly is being disclosed by the claimed “EGM”. Appropriate correction is required.
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 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
In the instant case, claim 1-11 are directed towards a method and claims 12-21 are directed to a system/apparatus. Therefore, these claims fall within the four statutory categories of invention.
Claim 1 recites the following:
A method comprising:
detecting, by a processor of a gaming system, a qualifying game event for a sharable gaming moment;
in response to detecting the qualifying game event, generating, by the processor, a digital asset, wherein the digital asset indicates details of the qualifying game event;
encoding, by the processor, a session-specific identifier for the sharable gaming moment into a scannable QR code;
presenting the scannable QR code for display on a player interface of the EGM;
receiving, by the processor from a user computing device, a secure request authenticated using the session-specific identifier after being decoded from the scannable QR code by the user computing device;
in response to authenticating the secure request, transmitting the digital asset from the gaming system to an application of the user computing device;
encoding, by the processor, a referral code with the digital asset;
transmitting, in response to a user input via an application of a user computing device, the digital asset and the referral code to at least one gaming channel;
detecting, in response to electronic communication from the at least one gaming channel, an action associated with the digital asset; and
in response to detecting the action, awarding, by the processor based on the referral code, a number of points for use via the gaming system.
Regarding Step 2A Prong One, the claims recite the abstract idea of performing a mental process. Specifically, the claims recite the limitations underlined above which recite steps which can be reasonably performed by the human mind with pen and paper which is grouped within the Mental Processes grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See MPEP § 2106.04) because the claims involve the process of mitigating risk in an economic transaction. Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
Regarding Step 2A Prong Two, the recited abstract idea is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See MPEP § 2106.04(d)), the additional element(s) of the claim(s) such as a “processor”, “digital asset”, “user computer device”, and the other non-underlined sections of the above claim merely use(s) a computer as a tool to perform an abstract idea. Specifically, the “processor”, “digital asset”, “user computer device”, and the other non-underlined sections of the above claim perform(s) the steps or functions underlined above. The use of a processor/computer as a tool to implement the abstract idea does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See MPEP § 2106.05), the additional element(s) of a “processor”, “digital asset”, “user computer device”, and the other non-underlined sections of the above claim amounts to no more than using a computer or processor to automate and/or implement the abstract idea. As discussed above, taking the claim elements separately, the “processor”, “digital asset”, “user computer device”, and the other non-underlined sections of the above claim perform(s) the steps or functions underlined above. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite risk mitigation. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Dependent claims 2-11 and 13-21 further describe the recited abstract idea. The dependent claims do not include additional elements that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea. Specifically:
Claims 2-7, 9-10 and 13-18, 20-21 recite additional limitations which are also directed towards the recited abstract idea.
Claims 8 and 19 merely further describe the source and characteristics of the data being used to perform the recited abstract idea.
Claim 11 recites the additional element of livestreaming but does not place the recited abstract idea into practical application nor amount to significantly more.
Therefore, as the dependent claims do not include additional elements that integrate the abstract idea into a practical application nor provide significantly more than the abstract idea, the dependent claims are also not patent eligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anbazhagan et al. (US 20230137728 A1) in view of Hutcherson (WO 2020096993 A1) in further view of Yavniloich et al. (US 10411894 B1).
Regarding Claims 1 and 12, Anbazhagan discloses:
A method comprising:
detecting, by a processor of a gaming system, a qualifying game event for a sharable gaming moment (See Anbazhagan: Para. [0047] – “The EDS 400 is configured to detect events associated with a number of different games or other applications 402 provided by way of the gaming system 100. For example, the EDS 400 may detect events associated with sports betting, casino games (e.g., casino slot races), poker, bingo, or other games offered for players using the gaming system 100.”);
in response to detecting the qualifying game event, generating, by the processor, a digital asset, wherein the digital asset indicates details of the qualifying game event (See Anbazhagan: Para. [0057] – “According to embodiments, the bonus/reward system 500 may offer (e.g., from the bonus service 520) a variety of bonuses for different games via the gaming system 100. For example, the bonus/reward system 500 can offer bonuses, such as cash amounts, digital currency (e.g., crypto currency), non-fungible tokens (NFTs), or other real-world or digital assets, which may be offered in the form of prizes based on gameplay or performance. In addition to the rewards offered, the bonus/reward system 500 can offer various rewards, such as in-game rewards that enhance or alter the game play or participation in the various games provided via the gaming system 100. For example, the bonuses offered via the bonus/reward system 500 can change and be adapted according to pre-determined parameters, customer demand, or a variety of other variables within the data flow 150, the data stores 140, 142, or received from the service registry 530. These bonuses and rewards offered by the bonus/reward system 500 can be tailored to a specific game via the gaming system 100. By way of example, for sports betting offered via the gaming system 100, the bonus/reward system 500 may offer free bets, cash bonuses, or other prizes. As another example, for bingo offered via the gaming system 100, the bonus/reward system 500 may offer bonus bingo tickets, cash bonuses, or other prizes. As a further example, for poker offered via the gaming system 100, the bonus/reward system 500 may offer free turns, free rolls, free round or tournament dollars (e.g., cash or cash equivalent that can be used for a particular round or tournament), cash bonuses, or other prizes. As an additional example, for electric casino games (e.g., casino slot races) offered via the gaming system 100, the bonus/reward system 500 may offer bonus free spins, free special tokens or coins (e.g., tokens or coins with special properties to be used with the casino games), free-to-play turns or tournaments, cash bonuses, or other prizes.”);
transmitting, in response to a user input via an application of a user computing device, the digital asset to at least one gaming channel (See Anbazhagan: Para. [0056] – “The bonus service 520 may also receive input regarding bonuses and rewards to be offered from the service registry 530, which receives input from a number of different sources 540 for creating or offering rewards and bonuses. For example, the bonus/reward system 500 can receive input regarding which rewards and bonuses to offer via the service registry 530 from a number of different sources 540, including a portal to allow access to users or administrators, access for customer service managers (CSM), access for back-office employees, and access to administrators of various products offered via the gaming system 100”, See Anbazhagan: Para. [0057] – “According to embodiments, the bonus/reward system 500 may offer (e.g., from the bonus service 520) a variety of bonuses for different games via the gaming system 100. For example, the bonus/reward system 500 can offer bonuses, such as cash amounts, digital currency (e.g., crypto currency), non-fungible tokens (NFTs), or other real-world or digital assets, which may be offered in the form of prizes based on gameplay or performance. In addition to the rewards offered, the bonus/reward system 500 can offer various rewards, such as in-game rewards that enhance or alter the game play or participation in the various games provided via the gaming system 100”);
detecting, in response to electronic communication from the at least one gaming channel, an action associated with the digital asset (See Anbazhagan: Para. [0041] – “For example, the loyalty engine 322 may determine which loyalty offers and possibly which loyalty points system to use for a give player using the gaming system 100, and may be assisted by the loyalty reward service 324, which may fulfill the rewards determined. Loyalty rewards could be made via in-game communications or other communications (e.g., SMS, email, etc.), such as by providing a user a link to claim the reward. Alternatively, the reward could automatically be added to a player's loyalty account (e.g., by adding points directly to a loyalty-based points system)”); and
in response to detecting the action, awarding, by the processor based on the referral code, a number of points for use via the gaming system (See Anbazhagan: Para. [0084] – “The system shown in FIG. 12 may be configured such that a user may earn rewards, for example, associated with a loyalty program, in a first location and further earn rewards in a different location. These rewards, promotions, prizes, and bonuses, along with other items of value, may be stored in the user's account, leger, or digital wallet. Rewards earned in each location may be combined into a cumulative rewards balance and rewards may be redeemed in a location in which some or all of the rewards were earned or, alternatively, in a location where none of the rewards were earned. According to embodiments described herein, these may all be stored in the same location until they are redeemed.”).
Anbazhagan fails to explicitly disclose:
encoding, by the processor, a referral code with the digital asset;
However, in a similar field of endeavor, Hutchersen discloses:
encoding, by the processor, a referral code with the digital asset (See Hutchersen: Para. [0023] – “Referring to FIG. 1, there is illustrated a flow diagram of the steps of using the monetary rewards system to generate real currency. In the first step 101 a user creates an account on the monetary rewards system. In the next step 102, the monetary rewards system generates and provides a unique referral code to the user. In the next step 103 the user provides this unique referral code to a subsequent user. In the next step 104 the subsequent user inputs the unique referral code into their monetary rewards system. Finally, in step 105, the monetary rewards system rewards both the initial user and subsequent user with a predetermined amount of in-game currency.”);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the digital asset disclosed by Anbazhagan to incorporate the referral code functionality via encoding as disclosed by Hutchersen yielding the predictable result of an increase in the security of the invention by ensuring that rewards are properly associated with the correct user/player.
However, the combination of Anbazhagan and Hutchersen fails to explicitly disclose:
encoding, by the processor, a session-specific identifier for the sharable gaming moment into a scannable QR code;
presenting the scannable QR code for display on a player interface of the EGM;
receiving, by the processor from a user computing device, a secure request authenticated using the session-specific identifier after being decoded from the scannable QR code by the user computing device;
in response to authenticating the secure request, transmitting the digital asset from the gaming system to an application of the user computing device;
However, in a similar field of endeavor, Yavnilovich discloses:
encoding, by a processor, a specific identifier into a scannable QR code (See Yavnilovich: col. 7, lines 61-64 – “For example, in some embodiments a security service may generate a unique authentication identifier, which it may encode into a machine-readable code (e.g., QR code, encoded image, audible code, etc.)”);
presenting the scannable QR code for display (See Yavnilovich: col. 7, lines 64-65 - “that is made available to a personal computing device (e.g.; mobile phone; tablet, etc.)”, See Yavnilovich: col. 28, lines 34-38 – “According to a disclosed embodiment, making available the encoded version of the temporary and unique code includes at least one of: displaying the encoded version visually to the personal computing device,”)
receiving, by the processor from a user computing device, a secure request authenticated using the session-specific identifier after being decoded from the scannable QR code by the user computing device (See Yavnilovich: col. 8, lines 3-5 – “sign or encrypt a communication back to the security service including the authentication identifier using the decrypted private (or symmetric) key.);
in response to authenticating the secure request, transmitting a digital asset (See Yavnilovich: col. 17, lines 20-22 – “Alternatively, key 503 may be transmitted to target resource 501 as needed (e.g., when personal computing device requests access to target resource 501, requests authentication, etc.)”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use the method of encoding an identifier into a QR code for authentication purposes as disclosed by Yavnilovich to encode the session-specific identifier disclosed by the combination of Anbazhagan and Hutchersen and securely transfer the encoded information to the user computer device to send a secure request for a digital asset using said method of Yavnilovich yielding the predictable result of an increase in the security strength of the invention by obfuscating the identifier data as it is being transferred between two computing devices.
Regarding Claims 2 and 13, the combination discloses:
further comprising: capturing, via one or more moment capture devices of the gaming system, content depicting a physical gaming environment during the qualifying game event (See Anbazhagan: Para. [0047] – “The EDS 400 is configured to detect events associated with a number of different games or other applications 402 provided by way of the gaming system 100. For example, the EDS 400 may detect events associated with sports betting, casino games (e.g., casino slot races), poker, bingo, or other games offered for players using the gaming system 100. The EDS 400 may detect events associated with the various games 402 dynamically in real time using various data streams 150 or, alternatively, by using various services 404, such as the service 404 used for bingo in the EDS 400 shown in FIG. 4. According to embodiments, services 404 and one or more data streams 150, 150a, 150b, 150c can be used in connection with any of the games 402 monitored by the EDS 400. These services may provide various functionality and rules associated with the event detection for each of the games 402 monitored by the EDS 400. For example, the service 404 may act as a behavior intervention service and provide rules for monitoring one or more of the games 402 provided by the gaming system 100 and monitored by the EDS 400. The service 404, may act as a translation service, ensuring that data output by various games 402 is compatible with the various data streams 150.”); and
incorporating, by the processor, the content into the digital asset prior to transmitting the digital asset and the referral code (See Anbazhagan: Para. [0057] – “According to embodiments, the bonus/reward system 500 may offer (e.g., from the bonus service 520) a variety of bonuses for different games via the gaming system 100. For example, the bonus/reward system 500 can offer bonuses, such as cash amounts, digital currency (e.g., crypto currency), non-fungible tokens (NFTs), or other real-world or digital assets, which may be offered in the form of prizes based on gameplay or performance. In addition to the rewards offered, the bonus/reward system 500 can offer various rewards, such as in-game rewards that enhance or alter the game play or participation in the various games provided via the gaming system 100. For example, the bonuses offered via the bonus/reward system 500 can change and be adapted according to pre-determined parameters, customer demand, or a variety of other variables within the data flow 150, the data stores 140, 142, or received from the service registry 530. These bonuses and rewards offered by the bonus/reward system 500 can be tailored to a specific game via the gaming system 100. By way of example, for sports betting offered via the gaming system 100, the bonus/reward system 500 may offer free bets, cash bonuses, or other prizes. As another example, for bingo offered via the gaming system 100, the bonus/reward system 500 may offer bonus bingo tickets, cash bonuses, or other prizes. As a further example, for poker offered via the gaming system 100, the bonus/reward system 500 may offer free turns, free rolls, free round or tournament dollars (e.g., cash or cash equivalent that can be used for a particular round or tournament), cash bonuses, or other prizes. As an additional example, for electric casino games (e.g., casino slot races) offered via the gaming system 100, the bonus/reward system 500 may offer bonus free spins, free special tokens or coins (e.g., tokens or coins with special properties to be used with the casino games), free-to-play turns or tournaments, cash bonuses, or other prizes.”).
Regarding Claim 10, the combination discloses:
wherein awarding the number of points based on the referral code in association with the action comprises determining the number of points based on a type or level of the action (See Hutchersen: Para. [0023] – “Referring to FIG. 1, there is illustrated a flow diagram of the steps of using the monetary rewards system to generate real currency. In the first step 101 a user creates an account on the monetary rewards system. In the next step 102, the monetary rewards system generates and provides a unique referral code to the user. In the next step 103 the user provides this unique referral code to a subsequent user. In the next step 104 the subsequent user inputs the unique referral code into their monetary rewards system. Finally, in step 105, the monetary rewards system rewards both the initial user and subsequent user with a predetermined amount of in-game currency.”).
Claim(s) 3-9 and 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anbazaghan in view of Hutcherson in further view of Yavnilovich and Ambrose (US 20230368189 A1)
Regarding Claims 3 and 14, Anbazaghan, Hutcherson, and Yavnilovich discloses the method of claim 1 but fails to explicitly disclose:
detecting, in response to additional user input via the application, a customization of the digital asset prior to transmitting the digital asset and the referral code.
However, in a similar field of endeavor, Ambrose discloses:
detecting, in response to additional user input via the application, a customization of the digital asset (See Ambrose: Para. [0036] – “In one embodiment, the method includes the following steps. At step 202, the tokenization of a pass/voucher is performed into customized non-fungible tokens (NFTs) related to the specific event or item. In one embodiment, the NFT acts as an access pass configured to permit the user to the backstage in a live event or locker room access. The events may include concerts, sporting events, festivals, political rallies, etc. At step 204, a customer, user, or purchaser is directed towards the NFT marketplace via a QR code or an inaudible tone. In one embodiment, the QR code or inaudible tone may be received in person, during televised broadcasts, websites, and apps.”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the digital asset disclosed by Anbazhagan, Hutcherson, and Yavnilovich for the customizable NFT disclosed by Ambrose yielding the predictable result of an increase in the security strength of the invention by leveraging the inherent immutable properties of NFT’s.
Regarding Claims 4 and 15, the combination discloses:
wherein the gaming system is communicatively connected to a blockchain platform via a network, said method further comprising: minting, by the processor via the blockchain platform, the digital asset as a nonfungible token (NFT) (See Ambrose: Para. [0036] – “In one embodiment, the method includes the following steps. At step 202, the tokenization of a pass/voucher is performed into customized non-fungible tokens (NFTs) related to the specific event or item. In one embodiment, the NFT acts as an access pass configured to permit the user to the backstage in a live event or locker room access. The events may include concerts, sporting events, festivals, political rallies, etc. At step 204, a customer, user, or purchaser is directed towards the NFT marketplace via a QR code or an inaudible tone. In one embodiment, the QR code or inaudible tone may be received in person, during televised broadcasts, websites, and apps.”); storing the referral code in a smart contract of the NFT, wherein a smart-contract code is associated with the referral code and with an indication for the action in the smart contract; and listing, via the application, the NFT with an NFT marketplace (See Ambrose: Para. [0004] – “methods for executing a smart contract that facilitates the electronic transfer of non-fungible tokens to a user according to a recipe. Each respective non-fungible token may be cryptographically linked with a digital representation of a respective asset that can be won by the user. A recipe may define a respective probability that the respective non-fungible token is awarded to the user and a manner by which the respective non-fungible token is awarded to the user. A smart contract may be generated using a random number and one of the non-fungible tokens selected based on the random number and the recipe and transferred to a digital wallet of the user.”).
Regarding Claims 5 and 16, the combination discloses:
detecting, by the blockchain platform via electronic communication with the NFT marketplace, occurrence of the action in association with use of the NFT via the NFT marketplace (See Ambrose: Para. [0036] – “In one embodiment, the method includes the following steps. At step 202, the tokenization of a pass/voucher is performed into customized non-fungible tokens (NFTs) related to the specific event or item. In one embodiment, the NFT acts as an access pass configured to permit the user to the backstage in a live event or locker room access. The events may include concerts, sporting events, festivals, political rallies, etc. At step 204, a customer, user, or purchaser is directed towards the NFT marketplace via a QR code or an inaudible tone. In one embodiment, the QR code or inaudible tone may be received in person, during televised broadcasts, websites, and apps.”); and executing the smart-contract code, wherein the executing the smart contract code generates a message that indicates the referral code and the action; and wherein the awarding is in response to receiving the message by the gaming system (See Ambrose: Para. [0004] – “methods for executing a smart contract that facilitates the electronic transfer of non-fungible tokens to a user according to a recipe. Each respective non-fungible token may be cryptographically linked with a digital representation of a respective asset that can be won by the user. A recipe may define a respective probability that the respective non-fungible token is awarded to the user and a manner by which the respective non-fungible token is awarded to the user. A smart contract may be generated using a random number and one of the non-fungible tokens selected based on the random number and the recipe and transferred to a digital wallet of the user.”).
Regarding Claims 6 and 17, the combination discloses:
further comprising: detecting, in response to selection of an input control via the application, a purchase of the digital asset prior to customization of the digital asset; customizing an appearance of the digital asset based on the additional input; and after customizing the appearance of the digital asset, listing, via the at least one gaming channel, the digital asset for sale (See Ambrose: Para. [0036] – “In one embodiment, the method includes the following steps. At step 202, the tokenization of a pass/voucher is performed into customized non-fungible tokens (NFTs) related to the specific event or item. In one embodiment, the NFT acts as an access pass configured to permit the user to the backstage in a live event or locker room access. The events may include concerts, sporting events, festivals, political rallies, etc. At step 204, a customer, user, or purchaser is directed towards the NFT marketplace via a QR code or an inaudible tone. In one embodiment, the QR code or inaudible tone may be received in person, during televised broadcasts, websites, and apps.”).
Regarding Claims 7 and 18, the combination discloses:
detecting, as the action of the digital asset, a sale of the listed digital asset via the at least one gaming channel; and in response to detecting the sale of the listed digital asset, awarding the number of points (See Ambrose: Claim 1 – “a user device associated with a user configured to provide a digital marketplace that provides a graphical user interface, where the graphical user interface allows the user to transact for one or more items of the set of items from the user device, where the processor is configured to: perform tokenization of a pass/voucher into a customized non-fungible token's (NFT's) related to the specific event or item; direct a customer or user or purchaser towards NFT marketplace via a QR-code or an inaudible tone; purchase or sale the NFT to provide access to the specific event or item, and unlock the access related to the specific event or item.”).
Regarding Claims 8 and 19, the combination discloses:
wherein the purchase of the digital asset is from a casino account, and wherein the sale of the listed digital asset is to the casino account, and wherein the awarding the number of points is based on one of more of the purchase from the casino account or the sale to the casino account (See Anbazhagan: Para. [0041] – “The promotion/loyalty system 300 may also include a loyalty subsystem 320 for managing loyalty of players that are users of the gaming system 100. This loyalty subsystem 320 may include a loyalty engine 322, a loyalty reward service 324, and a loyalty scheduler 326, which may provide and receive data via a data flow 150 to facilitate real-time actions by the gaming system 100. According to embodiments, the promotion/loyalty system 300 may be used to award, track, and manage loyalty points to users using the loyalty subsystem 320. According to embodiments, loyalty points may be awarded to players (e.g., users of the system 100 shown in FIG. 1) based on user activities, user activity level, or other user metrics that the operators of the gaming system 100 wish to track and reward. These loyalty points could include any type of loyalty points the operators of the gaming system 100 wish to offer. For example, according to embodiments, the gaming system 100 may offer loyalty points for a casino associated with the gaming or gambling offered by way of the gaming system 100”, See Ambrose: Claim 1 – “a user device associated with a user configured to provide a digital marketplace that provides a graphical user interface, where the graphical user interface allows the user to transact for one or more items of the set of items from the user device, where the processor is configured to: perform tokenization of a pass/voucher into a customized non-fungible token's (NFT's) related to the specific event or item; direct a customer or user or purchaser towards NFT marketplace via a QR-code or an inaudible tone; purchase or sale the NFT to provide access to the specific event or item, and unlock the access related to the specific event or item.”).
Regarding Claims 9 and 20, the combination discloses:
determining a subscription level, of a user account associated with the user computing device; and unlocking, via the application, a set of customization tools based on the subscription level (See Anbazhagan: Para. [0041] – “According to embodiments, loyalty points may be awarded to players (e.g., users of the system 100 shown in FIG. 1) based on user activities, user activity level, or other user metrics that the operators of the gaming system 100 wish to track and reward”).
Regarding Claim 21, the combination discloses:
wherein the level is based on one or more of an account status, a subscription level, or an earned benefit of the user account (See Anbazhagan: Para. [0041] – “According to embodiments, loyalty points may be awarded to players (e.g., users of the system 100 shown in FIG. 1) based on user activities, user activity level, or other user metrics that the operators of the gaming system 100 wish to track and reward”).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anbazaghan in view of Hutcherson in further view of Yavnilovich and Soukup et al. (US 20210134108 A1)
Regarding Claim 11, Anbazaghan, Hutcherson, and Yavnilovich discloses the method of claim 1 but fails to explicitly disclose:
wherein the transmitting the digital asset comprises livestreaming, via a livestreaming service connected to the gaming system via a network, the digital asset, wherein detecting the use of the referral code comprises detecting a number of subscriptions that occurred during the livestreaming in association with the referral code, and wherein the awarding the number of points is based on the number of subscriptions
However, in a similar field of endeavor, Soukup discloses:
wherein the transmitting the digital asset comprises livestreaming, via a livestreaming service connected to the gaming system via a network, the digital asset, wherein detecting the use of the referral code comprises detecting a number of subscriptions that occurred during the livestreaming in association with the referral code, and wherein the awarding the number of points is based on the number of subscriptions (See Soukup: Para. [0037] – “In other embodiments, the casino management server 40 may be programmed to receive a live video feed of the gaming table 18 and monitor predefined locations defined along the gaming table 18. For example, the casino management server 40 may receive live video images of the gaming table 18 from the video imaging system 24, display the live video images within a display area of a webpage, and define event areas within the display area overlaying a portion of the gaming table image. Each event area may be defined to include an area displaying a corresponding bonus award image 12. The casino management server 40 then determines the players selection by detecting a change in an image characteristic within an event area indicating the player's hand being positioned over the corresponding bonus award image 12.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify event detection system disclosed by Anbazhagan, Hutcherson, and Yavnilovich to incorporate livestream monitoring functionality as disclosed by Soukup yielding the predictable result of an increase in the security of the invention by ensuring that all monitoring and surveillance is performed in real-time.
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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/NICHOLAS K PHAN/Examiner, Art Unit 3699
/NEHA PATEL/Supervisory Patent Examiner, Art Unit 3699