CTFR 18/457,020 CTFR 81595 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-20 recite an abstract idea of organizing of human activity. The claim limitations are not indicative of integration into a practical application and the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below. Step 1 of the 2019 Revised Patent Subject Matter More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition). Step 2a1 of the 2019 Revised Patent Subject Matter Eligibility Guidance Next, the claims are analyzed to determine whether it is directed to a judicial exception. Claims 1-17 recite, a system comprising: a processor circuit; and a memory coupled to the processor circuit, the memory comprising machine-readable instructions that, when executed by the processor circuit, cause the processor circuit to: determine a cryptographic token associated with a player comprising : a cryptographic hash indicative of a hashing function and associated with a blockchain; a player identifier indicative of a player associated with the cryptographic token ; and a progress identifier indicative of a present progress value for a wagering game ; securely authenticate the cryptographic token against the common blockchain based on the cryptographic has data; determine a first progress value associated with a first play session of a first wagering game by a player at a first gaming device of a plurality of gaming devices ; based on the first progress value, modify the progress identifier of the cryptographic token to add the first progress value to the present progress value ; and based on the present progress value, provide a first game benefit to the player, wherein the first game benefit comprises a number of stored free games, wherein the stored free games can be used with wagering games other than the first wagering game provided by the plurality of gaming devices . Claims 18-19 recite, a gaming device comprising: an input device; a processor circuit; and a memory coupled to the processor circuit, the memory comprising machine-readable instructions that, when executed by the processor circuit, cause the processor circuit to: receive an instruction from the input device to initiate a first play session of a first wagering game by a player ; conduct the first play session ; determine a cryptographic token associated with a player comprising : a cryptographic hash indicative of a hashing function and associated with a common blockchain; a player identifier indicative of a player associated with the cryptographic token ; and a progress identifier indicative of a present progress value for a wagering game ; securely authenticate the cryptographic token against the common blockchain based on the cryptographic has data; determine a first progress value associated with the first play session ; based on the first progress value, modify the progress identifier of the cryptographic token to add the first progress value to the present progress value ; and based on the present progress value, provide a first game benefit to the player , wherein the first game benefit comprises a number of stored free games, wherein the stored free games can be used with a plurality of gaming devices other than the first gaming device. Claim 20 recites a method comprising: determining , by a processor circuit, a cryptographic token associated with a player comprising: a cryptographic hash indicative of a hashing function and associated with a blockchain; a player identifier indicative of a player associated with the cryptographic token; and a progress identifier indicative of a present progress value for a wagering game; securely authenticating the cryptographic token against the common blockchain based on the cryptographic has data; determining, by the processor circuit, a first progress value associated with a first play session of a first wagering game by a player at a first gaming device of a plurality of gaming devices ; based on the first progress value, modifying the progress identifier of the cryptographic token to add the first progress value to the present progress value; and based on the present progress value, providing , by the processor circuit, a first game benefit to the player, wherein the game benefit comprises a number of stored free games, wherein the stored free games can be used with wagering games other than the first wagering game provided by the plurality of gaming devices. The underlined limitations recite an abstract idea of organizing human activity. The claim limitations recite steps for tracking a player wagering game progress with a token. The game progress is updated based on a wagering game played by the player, and a game benefit of free games is provided to the player. These limitations recite steps of managing a game. Managing a game is an organization of human activity. Step 2a2 of the 2019 Revised Patent Subject Matter Eligibility Guidance The second prong of step 2a is the consideration of whether the claim recites additional elements that are indicative of integration into a practical application. An additional element or combination of additional elements that are indicative of integrating the abstract idea into a practical application include: -Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a) -Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo -Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b) -Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c) -Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo Additional element or combination of additional elements that are not indicative of integration of the abstract idea into a practical application include: -Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f) -Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g) -Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h) Claims 1-20 not apply a judicial exception to effect a particular treatment, and do not transform or reduce a particular article to a different state or thing. Claims 1-20 are not directed to an improvement to a function of a computer. There is no improvement to a technical field. In addition, the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way. The additional elements of: a processor circuit; and a memory coupled to the processor circuit are recited at a high level of generality and therefore acts as a generic computer to perform the abstract idea. The additional elements of: a cryptographic token and a cryptographic hash associated with a blockchain generally links the abstract idea to a computer embodiment. For the reasons discussed above, the additional elements identified above considered alone and in combination fail to integrate the abstract idea into a practical application. Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance Next, the claims as a whole is analyzed to determine whether any additional element, or combination of additional elements, is sufficient to ensure that the claims amount to significantly more than the exception. Claims 1-20 recite the additional elements of: a processor circuit; and a memory to perform the abstract idea and determine a cryptographic token comprising a cryptographic hash associated with a blockchain. Determining a cryptographic token comprising a cryptographic hash associated with a blockchain is well known in the art. Xavier (US 2022/0398569) discloses a cryptographic token comprising a cryptographic hash associated with a blockchain is well-known in the relevant art (paragraph 68). Xavier discloses that a cryptographic token is stored on a digital ledger, called a blockchain, that certifies a digital asset to be unique and therefore not interchangeable (NFT stored in ledge, paragraph 68). the cryptographic token can be used to represent items such as photos, videos, audio, and other types of digital files (paragraph 68). The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea. The additional element of the cryptographic token comprising cryptographic hash data indictive of a hashing function and associated with a common blockchain and securely authenticating the cryptographic token against the common blockchain based on the cryptographic has data is well known in the art. Strickon (US 2020/0111067) discloses it is known in the art to use a blockchain as a ledger. A blockchain ledger is linked via a hash function to securely record transactions with tokens (paragraph 33). Dependent claims further recite the type of games, game activity, game benefits and steps of tracking game progress. These limitations further recite the abstract idea of organizing human activity. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea. The claims do not incorporate additional elements that are indicative of integration into a practical application. In addition, the claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-6, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Simons (US 2019/0130701) in view of Jaffe (US 2006/0264257) . Claim 1. Simons discloses a system comprising: a processor circuit (paragraphs 129-130); and a memory coupled to the processor circuit the memory comprising machine-readable instructions that, when executed by the processor circuit (paragraphs 33, 134-135, 137), cause the processor circuit to: determine a cryptographic token associated with a player comprising (virtual goods on blockchain such as non-fungible token, paragraphs 27, 59, 90): a cryptographic hash indictive of a hashing function and associated with a blockchain (paragraphs 28-29, 82, 86-87, 103-107, 119); a player identifier indicative of a player associated with the cryptographic token (player account is associated with virtual good identification, paragraph 98. User identifier are also stored within the blockchain as a way of tracking user activity, paragraph 77.); and a progress identifier indicative of a present progress value for a wagering game (progress of game statistics, payouts, skill levels, game play level, game play attributes are associated an identifier stored in blockchain, paragraphs 27-28, 37, 39, 69, 76-77); securely authenticate the cryptographic token against the common blockchain (i.e. public blockchains; paragraphs 5, 27, 37, 49-50) based on the cryptographic hash data (paragraphs 82, 86-87, 103-107, 119); determine a first progress value associated with a first play session of a first wagering game (paragraphs 29, 41, 43) by a player (progress value of game statistics, payouts, skill levels, game play level, game play attributes are associated an identifier stored in blockchain, paragraphs 27-28, 37, 39, 69, 76-77) at a first gaming device of a plurality of gaming devices (paragraphs 35-37, 71, 110A-110D in Figs. 1, 7) based on the first progress value, modify the progress identifier of the cryptographic token to add the first progress value to the present progress value (modify and update value of game statistics, payouts, skill levels, game play level, game play attributes are associated an identifier stored in blockchain, paragraphs 27-29, 37, 39, 69, 76-77, 96, 102); and based on the present progress value, provide a first game benefit to the player (i.e. payout, prizes, etc., paragraphs 109, 112-113). Simons discloses the claimed invention as discussed above but fails to teach the first game benefit comprises a number of stored free games, wherein the stored free games can be used with wagering games other than the first wagering game provided by the plurality of gaming devices. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. In an analogous art to wagering games and proving benefits to the player, Jaffe discloses a gaming system in which a benefit is provided based on player game progress (paragraph 37-59, 79). Jaffe discloses various game benefit including a number of free games for different wagering games (paragraph 74). The benefit encourages player to play a plurality of games and try out different games. It would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Simons’ invention and incorporate a benefit of free games that can be used with other games in order to provide the predictable result of encourage the player to play a plurality of games and try out different games. Claim 2. Simons discloses the system of claim 1, wherein the instructions further cause the processor circuit to: determine that the player has initiated a second play session of a second wagering game; determine an initial progress value for the second play session of the second wagering game; and add the first progress value to the initial progress value (progress value is updated for multiple games, paragraphs 29-30, 69, 96, 102). Claim 3. Simons discloses the system of claim 2, wherein the first wagering game is a different wagering game from the second wagering game (ledger may pertain to multiple different games; paragraphs 30) Claim 4. Simons discloses he system of claim 2, wherein the first wagering game and the second wagering game are the same wagering game (ledger may pertain to a specific game; paragraphs 30). Claim 5. Simons discloses the system of claim 2, wherein the instructions further cause the processor circuit to: determine a second progress value associated with the second play session of the second wagering game by the player; based on the second progress value, modify the progress identifier of the cryptographic token to add the second progress value to the present progress value (progress value is updated for multiple games, paragraphs 29-30, 69, 96, 102); and based on the present progress value, provide a second game benefit to the player (i.e. payout, prizes, etc., paragraphs 109, 112-113). Claim 6. Simons discloses the system of claim 2, wherein addition of the first progress value to the present progress value is further based on a determination that a game activity threshold has been met by the player (Progress value can by payouts, skill levels, game play level, game play attributes; paragraphs 27-28, 37, 39, 69, 76-77. These values are based on a threshold or value being met.). Claim 15. Simons discloses the claimed invention as discussed above but fails to teach that the cryptographic token is a fungible token that is fungible with a plurality of fungible tokens. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. Simons discloses that the virtual good can be cryptocurrencies (paragraphs 27, 90). Most cryptocurrencies are fungible tokens. Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Simons’ invention and incorporate fungible token since there are a finite number predictable solutions and since more cryptocurrencies are fungible tokens. Claim 16. Simons discloses the system of claim 15, wherein the instructions further cause the processor circuit to: based on the present progress value reaching a predetermined threshold value (Progress value can by payouts, skill levels, game play level, game play attributes; paragraphs 27-28, 37, 39, 69, 76-77. These values are based on a threshold or value being met.), add a unique identifier to the cryptographic token (identifier within blockchain, paragraphs 49-50) such that the cryptographic token is a non-fungible tokens that is not fungible with a plurality of fungible tokens (paragraphs 59, 90). Claim 17. Simons discloses the system of claim 1, wherein the cryptographic token further comprises a unique identifier such that the cryptographic token is non-fungible tokens (paragraphs 27, 59, 90) with any other cryptographic token of a plurality of cryptographic tokens (virtual goods on blockchain, paragraphs 27, 59, 90). Claim 18. See rejection for claim 1 above. In addition, Simons discloses a gaming device (110 in Fig. 1) comprising: an input device (paragraphs 36, 136); a processor circuit (paragraph 71) ; and a memory coupled to the processor circuit (paragraph 71) the memory comprising machine-readable instructions that, when executed by the processor circuit, cause the processor circuit to: receive an instruction from the input device to initiate a first play session of a first wagering game by a player (paragraphs 36, 50, 82); conduct the first play session (paragraphs 48, 77, 98). Claim 19. See rejection for claim 2 above. Claim 20. See rejection for claim 1 above . 07-22-aia AIA Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Simons (US 2019/0130701) in view of Jaffe (US 2006/0264257) as applied to claim 6 above, and further in view of Kaminkow (US 2007/0167217) . Claim 7. Simons discloses the claimed invention as discussed above but fails to teach that the game activity threshold comprises initiation of the second play session within a predetermined time period after the first play session. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. It is known in the art to track various gaming event and wagering criteria. In an analogous art to wagering games, Kaminkow discloses that a game threshold of a second play session within a predetermined time period after the first play session (game parameter or criteria of a plurality of plays in a designated period of time or time interval, paragraphs198). This would encourage player to play more game over a period of time. It would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Simon’s invention and track the game progress based on a threshold of initiating the second play session within a predetermined time period after the first play session in order to provide the predictable result of encouraging players to play more game over a period of time 07-22-aia AIA Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Simons (US 2019/0130701) in view of Jaffe (US 2006/0264257) as applied to claim 6 above, and further in view of Walker (US 2006/0121972) Claim 8. Simons discloses the claimed invention as discussed above but fails to teach that the game activity threshold comprises a predetermined total wager amount by the player in a predetermined time period. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. It is known in the art to track various gaming event and wagering criteria. In an analogous art to wagering games, Walker discloses that a game threshold of a predetermined total wager amount by the player in a predetermined time period (paragraph 158, 167). This would encourage player to play more game over a period of time. It would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Simon’s invention and track the game progress based on a threshold of a predetermined total wager amount by the player in a predetermined time period in order to provide the predictable result of encouraging players to play more game over a period of time 07-21-aia AIA Claim s 11, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Simons (US 2019/0130701) in view of Jaffe (US 2006/0264257) as applied to claim 1 above, in further in view of Nguyen (US 2013/0210530) . Claim 11. Simons discloses the claimed invention as discussed above but fails to teach that the first game benefit comprises a number of stored bonus games for the wagering game. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. It is known in the art to track various gaming events. In an analogous art to wagering games, Nguyen discloses a bonus game may be saved to the players account for future game play. This allows the play the bonus game at future time rather than at the moment (paragraph 178). It would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Simon’s invention and store a number bonus games for the wagering game in order to provide the predictable result of allowing the player to play the bonus game at a later time. Claim 13. Simons discloses the claimed invention as discussed above but fails to teach that the game benefit comprises an unlockable game play feature of the first wagering game. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. It is known in the art to track various gaming events. In an analogous art to wagering games, Nguyen discloses a bonus game may be unlocked and saved to the players account for future game play. Nguyen also discloses unlocking various game features including one free spin, multiplier, points, etc. (paragraphs 68). It would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Simon’s invention incorporate a game benefit comprising an unlockable game play feature of the first wagering game in order to provide the predictable result of awarding the player a game feature and encourage game play . 07-21-aia AIA Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Simons (US 2019/0130701) in view of Jaffe (US 2006/0264257) as applied to claim 1 above, in further in view Dewaal (US 2009/0111561) Claim 12. Simons discloses the claimed invention as discussed above but fails to teach that the first game benefit comprises an increase in a progressive award pool. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. In an analogous art to wagering games, Dewaal discloses a player provide multiple opportunities to win one or more personal progressive award associated with a player’s account (paragraph 156). Progressive award increases and tracked for the player (paragraphs 101, 147-148, 167). It would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Simon’s invention and incorporate a game benefit comprising an increase in a progressive award pool in order to provide the predictable result of providing multiple opportunities to win one or more personal progressive awards . 07-21-aia AIA Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Simons (US 2019/0130701) in view of Jaffe (US 2006/0264257) as applied to claim 1 above, in further in view Jackson (US 2009/0054134) . Claim 14. Simons discloses the claimed invention as discussed above but fails to teach that the first game benefit comprises modifying a paytable of the wagering game from a standard paytable to an enhanced paytable different from the standard paytable. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. In an analogous art to wagering games, Jackson discloses that benefits may include cash, credits, free spins, multipliers, enhanced game play, and enhanced paytable (paragraph 54). It would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Simon’s invention and incorporate a game benefit comprising a modified paytable as claimed since Jackson discloses that game benefits can be various type of benefits including enhanced paytables. In addition, an enhanced paytable may provide higher awards or more frequent awards and therefore encourage players to play more . Response to Arguments 07-37 AIA Applicant's arguments filed 4/8/26 have been fully considered but they are not persuasive. 35 USC 101 Applicant argues that the claim limitations integrate any abstract idea into a practical application. Applicant argues that the claim invention provides a technical solution by using a cryptographic token to support transferring game progress and game benefits between gaming devices. However, the additional elements generally links the abstract idea to a computer embodiment. Prior Art 12-256 AIA New grounds of rejection have been made to address the amended limitations . Conclusion 07-40 AIA Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jasson H Yoo whose telephone number is (571)272-5563. The examiner can normally be reached M-F 9am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at 571 270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JASSON H YOO/ Primary Examiner, Art Unit 3715 Application/Control Number: 18/457,020 Page 2 Art Unit: 3715 Application/Control Number: 18/457,020 Page 3 Art Unit: 3715 Application/Control Number: 18/457,020 Page 4 Art Unit: 3715 Application/Control Number: 18/457,020 Page 5 Art Unit: 3715 Application/Control Number: 18/457,020 Page 6 Art Unit: 3715 Application/Control Number: 18/457,020 Page 7 Art Unit: 3715 Application/Control Number: 18/457,020 Page 8 Art Unit: 3715 Application/Control Number: 18/457,020 Page 9 Art Unit: 3715 Application/Control Number: 18/457,020 Page 10 Art Unit: 3715 Application/Control Number: 18/457,020 Page 11 Art Unit: 3715 Application/Control Number: 18/457,020 Page 12 Art Unit: 3715 Application/Control Number: 18/457,020 Page 13 Art Unit: 3715 Application/Control Number: 18/457,020 Page 14 Art Unit: 3715 Application/Control Number: 18/457,020 Page 15 Art Unit: 3715 Application/Control Number: 18/457,020 Page 16 Art Unit: 3715 Application/Control Number: 18/457,020 Page 17 Art Unit: 3715 Application/Control Number: 18/457,020 Page 18 Art Unit: 3715 Application/Control Number: 18/457,020 Page 19 Art Unit: 3715
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