Prosecution Insights
Last updated: April 19, 2026
Application No. 18/478,317

DATA TRANSMISSION SYSTEMS AND METHODS FOR GAMING APPLICATIONS

Non-Final OA §101§103§112
Filed
Sep 29, 2023
Examiner
GARNER, WERNER G
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Truist Bank
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
3y 2m
To Grant
84%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
458 granted / 768 resolved
-10.4% vs TC avg
Strong +25% interview lift
Without
With
+24.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
41 currently pending
Career history
809
Total Applications
across all art units

Statute-Specific Performance

§101
17.7%
-22.3% vs TC avg
§103
31.0%
-9.0% vs TC avg
§102
16.5%
-23.5% vs TC avg
§112
28.4%
-11.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 768 resolved cases

Office Action

§101 §103 §112
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 § 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 1-20 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. Claim 1 recites “a request for generation” (lines 8-9), “the request for generation” (line 13), and “the request” (line 14). Consistent usage of the same terms is much preferred over creatively describing the same elements using different language. Using similar, yet slightly different claim language creates confusion. It is unclear whether each term is intended to refer to the same claim element or whether each term refers to a different claim element. Independent claims 10 and 17 recite similar language and are similarly rejected. Dependent claims 2-9, 11-16, and 18-20 inherit this discrepancy by nature of their dependencies. Appropriate correction is required. Claim 1 recites “access one or more keys stored to a key index” (line 22). Presumably, the one or more keys are stored “in” a key index. Independent claims 10 and 17 recite similar language and are similarly rejected. Dependent claims 2-9, 11-16, and 18-20 inherit this discrepancy by nature of their dependencies. 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed invention is directed to non-statutory subject matter because the claims as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. Each of claims 1-20 has been analyzed to determine whether it is directed to any judicial exceptions. The determination of subject matter eligibility under 35 USC 101, relies on the Mayo/Alice two-step analysis. In step 1 of the analysis, the claims are evaluated to determine whether they fall within one of the four statutory categories (i.e., process, machine, manufacture, or composition of matter). In the present case, claims 1-16 are directed to a computing system (i.e., a machine) and claims 17-20 are directed to a computer-implemented method (i.e., a process). The claims are, therefore directed to one of the four statutory categories. Under prong 1 of step 2A, the examiner is directed to determine whether the claim recites a judicial exception. The claims are compared to groupings of subject matter that have been found by courts as abstract ideas. These groupings include (a) Mathematical concepts—mathematical relationships, mathematical formulas or equations, mathematical calculations; (b) Certain methods of organizing human activity—fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and (c) Mental processes—concepts performed in the human mind (including an observation, evaluation, judgment, opinion). Claim 1 recites (the abstract idea is underlined) a computing system for cryptographic data transmission, the computing system comprising: at least one processor; a communication interface communicatively coupled to the at least one processor; and a memory device storing executable code that, when executed, causes the at least one processor to: receive, at an entity server, an input from a player device that triggers a request for generation of a random numeric output associated with an outcome, wherein the outcome indicates whether one or more resources are to be distributed to a player account of a player of a gaming application that is accessible to the player via the player device; transmit, across a network, the request for generation of the random numeric output to a third party server, the request indicating one or more parameters configured to influence the random numeric output and including data indicating weighted variables used to influence the outcome; receive, via the network from the third party server, a digitally signed electronic output file comprising the random numeric output, wherein the digitally signed electronic output file is encrypted and includes a stamp of authentication thereby cryptographically binding an electronic identity to the random numeric output; access one or more keys stored to a key index; verify that the digitally signed electronic output file is unaltered, the verifying using the accessed one or more stored keys thereby authenticating the random numeric output; apply the random numeric output to a promotional draw to determine the outcome; and distribute the one or more resources to the player account based on the outcome. Claim 10 recites (the abstract idea is underlined) a computing system for variable assignment, the computing system comprising: at least one processor; a communication interface communicatively coupled to the at least one processor; and a memory device storing executable code that, when executed, causes the at least one processor to: process user data of a plurality of players of one or more games accessible via a gaming application of an entity, the processing including generating probability classification data from the user data and assigning classifications to the probability classification data based on one or more variables, the gaming application being accessible to players via player devices; assign weighted values to the probability classification data based on the classifications assigned to the probability classification data, the weighted values configured to influence probability of an outcome based on classification of the user data, wherein the outcome indicates whether one or more resources are to be distributed; receive, at an entity server of the entity, an input from a player device of a player of the gaming application that triggers a request for generation of a random numeric output associated with the outcome and based thereon identify a user profile of the player, the user profile including associated player data of the player; classify, based on player variables included in the player data, the player data of the player to a specific classification of the classifications; and transmit, across a network, the request for generation of the random numeric output to a third party server, the request indicating one or more parameters configured to influence the random numeric output and including the probability classification data of the specific classification to which the player data was classified. Claim 17 recites (the abstract idea is underlined) a computer-implemented method for cryptographic data transmission, comprising: receiving, at an entity server, an input from a player device that triggers a request for generation of a random numeric output associated with an outcome, wherein the outcome indicates whether one or more resources are to be distributed to a player account of a player of a gaming application that is accessible to the player via the player device; transmitting, across a network, the request for generation of the random numeric output to a third party server, the request indicating one or more parameters configured to influence the random numeric output and including data indicating weighted variables used to influence the outcome; receiving, via the network from the third party server, a digitally signed electronic output file comprising the random numeric output, wherein the digitally signed electronic output file is encrypted and includes a stamp of authentication thereby cryptographically binding an electronic identity to the random numeric output; accessing one or more keys stored to a key index; verifying that the digitally signed electronic output file is unaltered, the verifying using the accessed one or more stored keys thereby authenticating the random numeric output; applying the random numeric output to a promotional draw to determine the outcome; and distributing the one or more resources to the player account based on the outcome. The present invention relates generally to the field of gaming systems, and more particularly embodiments of the invention relate to gaming systems for obtaining random numeric inputs (Specification [0001]). The claim limitations underlined above fall under the category of certain methods of organizing human activity. Specifically, they are directed to the sub-category of fundamental economic practices because the limitations are directed to the rules for conducting a wagering game. The limitations are also directed to commercial or legal interactions since classifying player data falls into marketing or sales activities or behaviors and business relations. Additionally, the limitations fall into the sub-category of managing personal behavior or relationships or interactions between people because the claims recite the rules for a game. Furthermore, the “determining” steps can be performed by the human mind. Accordingly, the claim recites an abstract idea. Under prong 2 of Step 2A, the examiner considers whether additional elements integrate the abstract idea into a practical application. To do so, the examiner looks to the following exemplary considerations, looking at the elements individually and in combination: • an additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field; • an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition (not considered relevant to the present claims); • an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim; • an additional element effects a transformation or reduction of a particular article to a different state or thing; and • an additional element applies or uses 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. The additional elements in the present claims are at least one processor, a communication interface, a memory device, an entity server, a player device, a network, player devices, a third party server, wherein the digitally signed electronic output file is encrypted and includes a stamp of authentication thereby cryptographically binding an electronic identity to the random numeric output; access one or more keys stored to a key index; verify that the digitally signed electronic output file is unaltered, the verifying using the accessed one or more stored keys thereby authenticating the random numeric output; receiving, via the network from the third party server, a digitally signed electronic output file comprising the random numeric output, wherein the digitally signed electronic output file is encrypted and includes a stamp of authentication thereby cryptographically binding an electronic identity to the random numeric output; accessing one or more keys stored to a key index; and verifying that the digitally signed electronic output file is unaltered, the verifying using the accessed one or more stored keys thereby authenticating the random numeric output. The additional elements do no integrate the judicial exception into a practical application. In particular, the additional elements do not reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field. The additional elements do not implement a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim. The additional elements do not effect a transformation or reduction of a particular article to a different state or thing. The additional elements do not apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they does not impose any meaningful limits on practicing the abstract idea. Under step 2B, the examiner evaluates whether the additional elements amount to significantly more than the judicial exception itself. The examiner considers if the additional elements: • add a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present; or • simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present. The present claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements are well-understood, routine, or conventional, as shown: at least one processor, a memory device (Vagner, US 2015/0302482 A1, a general computer can include a memory, a processor, input/out components, and other components that are common for general computers, all of which are well known in the art [0099]); at least one processor, a memory device, a communication interface, a player device, player devices (Fischer, US 2010/0299617 A1, clients 102 may be implemented on a conventional device, such as personal computer, laptop, and the like; such devices are well known to those skilled in the art and may typically include hardware, such as a processor, a memory, a display, a storage device, a keyboard, a mouse, and a network interface for network 108 [0057]); an entity server, a third party server, a network (Stockham et al., US 7,785,183 B1, it is also well-known that multiple gaming devices may be linked via a central computer or server to create a wide area gaming network; the central computer then tracks relevant data and facilitates large jackpots and related benefits to linked devices [C2:66-C3:3]); wherein the digitally signed electronic output file is encrypted and includes a stamp of authentication thereby cryptographically binding an electronic identity to the random numeric output; access one or more keys stored to a key index; verify that the digitally signed electronic output file is unaltered, the verifying using the accessed one or more stored keys thereby authenticating the random numeric output; receiving, via the network from the third party server, a digitally signed electronic output file comprising the random numeric output, wherein the digitally signed electronic output file is encrypted and includes a stamp of authentication thereby cryptographically binding an electronic identity to the random numeric output; accessing one or more keys stored to a key index; and verifying that the digitally signed electronic output file is unaltered, the verifying using the accessed one or more stored keys thereby authenticating the random numeric output (Simons et al., US 2005/0232421 A1, the use of digital signatures using public key cryptography to enable verification of the authenticity and integrity of data transmitted between first and second parties is well known [0002]). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. As a result, the claims are not directed to patent eligible subject matter. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-6, 8-9, 11, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over IRWIN, JR. et al., US 2021/0134110 A1 (hereinafter Irwin), in view of Baerlocher et al., US 2007/0298875 A1 (hereinafter Baerlocher), and further in view of Rowe et al., US 2005/0266919 A1 (hereinafter Rowe). Regarding Claim 1: Irwin discloses a computing system for cryptographic data transmission, the computing system comprising: a communication interface communicatively coupled to the at least one processor (Irwin, a Wi-Fi (a.k.a. IEEE 802.11) receiver and transmitter 389 primarily for communicating with the game server 390 over the Internet [0093]); and receive, at an entity server, an input from a player device that triggers a request for generation of a random numeric output associated with an outcome, wherein the outcome indicates whether one or more resources are to be distributed to a player account of a player of a gaming application that is accessible to the player via the player device (Irwin, whenever a wager is made, the VR device interfaces with a game server to commit to the wager if the consumer's account and authentication data are acceptable, subsequently providing a digital receipt and confirmation to the consumer's VR device; once the wagered event starts, the VR device requests at least one real time RNG or predetermined outcome from the gaming server to determine the status (e.g., win or lose) of the consumer's wager [0013]); transmit, across a network, the request for generation of the random numeric output to a third party server (Irwin, the VR device interfaces with a game server to commit to the wager if the consumer's account and authentication data are acceptable, subsequently providing a digital receipt and confirmation to the consumer's VR device; once the wagered event starts, the VR device requests at least one real time RNG or predetermined outcome from the gaming server to determine the status (e.g., win or lose) of the consumer's wager [0013]), receive, via the network from the third party server, a digitally signed electronic output file comprising the random numeric output (Irwin, the gaming sever transmits to the consumer' VR device (preferably digitally signed outcomes) such that the consumer may view and manage sequential outcomes dispensed by the gaming server on the VR device [0012]), wherein the digitally signed electronic output file is encrypted and includes a stamp of authentication thereby cryptographically binding an electronic identity to the random numeric output (Irwin, the various multi-factor strong authentication data and optional betting data from each session may be stored preferably encrypted or alternatively in plaintext in a hash chain or blockchain that is maintained by at least the gaming service provider [0062]); access one or more keys stored to a key index (Irwin, the game server 390 includes a VR database 391, a historical database 392, a separate database 395 for storing predetermined outcomes for Class II gaming, a public and private cryptographic key pair 3000 [0094]); verify that the digitally signed electronic output file is unaltered, the verifying using the accessed one or more stored keys thereby authenticating the random numeric output (Irwin, the VR Device 301 then receives the at least one predetermined outcome and optionally verifies the Game Server's 302 digital signature [0070]; this hash chain process will continue as subsequent sessions (337 and 338) occur for the same consumer and/or VR device with each session essentially linked to all previous sessions in a manner that no historical data may be altered without disturbing the integrity of the hash chain [0079]); distribute the one or more resources to the player account based on the outcome (Irwin, the consumer elects to cash out 311, the VR Device 301 typically transfers the cash out request to the Gaming Server 302 where a Redemption Process 312 ensues resulting in the winnings being credited to the consumer's account 316 [0070]). Irwin fails to explicitly disclose at least one processor; a memory device storing executable code that, when executed, causes the at least one processor to: the request indicating one or more parameters configured to influence the random numeric output and including data indicating weighted variables used to influence the outcome; and apply the random numeric output to a promotional draw to determine the outcome. Baerlocher teaches at least one processor (Baerlocher, the gaming device preferably includes at least one processor 12 [0074]); a memory device storing executable code (Baerlocher, the memory device stores program code and instructions, executable by the processor, to control the gaming device [0074]) that, when executed, causes the at least one processor to: the request indicating one or more parameters configured to influence the random numeric output and including data indicating weighted variables used to influence the outcome (Baerlocher, the probabilities associated with the values are weighted based on the player's wager, weighted based on the status of one or more players (such as determined through a player tracking system), weighted based on time, weighted on an outcome generated in a primary game or weighted based on any other suitable method [0166]). Irwin discloses a system and method for allowing a plurality of consumers or users to be individually authenticated in a Virtual Reality (VR) environment conducted throughout a VR session accessing a gaming server that dispenses outcomes (Irwin [Abstract]). Whenever a wager is made, the VR device interfaces with a game server to commit to the wager if the consumer's account and authentication data are acceptable, subsequently providing a digital receipt and confirmation to the consumer's VR device (Irwin [0013]). Once the wagered event starts, the VR device requests at least one real time RNG or predetermined outcome from the gaming server to determine the status (e.g., win or lose) of the consumer's wager, providing a visual gaming style display (e.g., giant pull-tab reveal, slot machine) of the outcome (Irwin [0013]). Baerlocher teaches a gaming system and a method for operating a gaming device or gaming system with a plurality of progressive awards (Baerlocher Abstract]). The gaming device enables a player to select one of the progressive awards (Baerlocher Abstract]). The central controller and/or gaming device processor determine the number of award points and/or the number of game component points from a plurality of values associated with each progressive award and/or game component (Baerlocher [0166]). Each value is associated with a probability of being selected and the central controller and/or gaming device processor selects one of the values for the number of award points and/or the number of game component points based on these probabilities (Baerlocher [0166]). In embodiments, the probabilities associated with the values are weighted based on the player's wager, weighted based on the status of one or more players (such as determined through a player tracking system), weighted based on time, weighted on an outcome generated in a primary game or weighted based on any other suitable method (Baerlocher [0166]). It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the method of determining an outcome as disclosed by Irwin with the method of selecting an outcome with probabilities associated with values that are weighted based on the player's wager or weighted based on the status of one or more players (such as determined through a player tracking system) as taught by Baerlocher in order to reward players who have higher statuses than other players. Rowe teaches apply the random numeric output to a promotional draw to determine the outcome (Rowe, cashless instrument promotional values can include courtesy "roundups" of monetary amounts, as well as general and specific gaming table promotions to encourage play across many different casino gaming venues [Abstract]). Irwin discloses a system and method for allowing a plurality of consumers or users to be individually authenticated in a Virtual Reality (VR) environment conducted throughout a VR session accessing a gaming server that dispenses outcomes (Irwin [Abstract]). Whenever a wager is made, the VR device interfaces with a game server to commit to the wager if the consumer's account and authentication data are acceptable, subsequently providing a digital receipt and confirmation to the consumer's VR device (Irwin [0013]). Once the wagered event starts, the VR device requests at least one real time RNG or predetermined outcome from the gaming server to determine the status (e.g., win or lose) of the consumer's wager, providing a visual gaming style display (e.g., giant pull-tab reveal, slot machine) of the outcome (Irwin [0013]). Rowe teaches systems and methods for transacting ticket vouchers and other suitable cashless instruments at gaming tables are disclosed (Rowe [Abstract]). A network interface to a cashless instrument transaction clearinghouse can facilitate communications across disparate units and gaming properties to enable the automated validation, acceptance and tracking of cashless instruments at both a given site and across a WAN (Rowe [Abstract]). Cashless instrument transactions at gaming tables can include ticket to gaming chip and gaming chip to ticket conversions, and can be made involving automated validation, acceptance, storage and tracking of cashless instruments having associated monetary and/or promotional values (Rowe [Abstract]). Softcount procedures are adjusted to include more readily traceable cashless instruments (Rowe [Abstract]). Cashless instrument promotional values can include courtesy "roundups" of monetary amounts, as well as general and specific gaming table promotions to encourage play across many different casino gaming venues (Rowe [Abstract]). It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the method for providing wagering outcomes as disclosed by Irwin with the method of providing general and specific gaming table promotions as taught by Rowe to encourage play across many different casino gaming venues. Regarding Claim 2: Baerlocher further teaches wherein the weighted variables used to influence the outcome are predetermined prior to receiving the input, and the weighted variables include values affecting probability of obtaining the one or more resources (Baerlocher, the probabilities associated with the values are weighted based on the player's wager, weighted based on the status of one or more players (such as determined through a player tracking system), weighted based on time, weighted on an outcome generated in a primary game or weighted based on any other suitable method [0166]). Regarding Claim 3: Baerlocher further teaches wherein the one or more parameters include a quantity of random numbers included in the random numeric output, and the random numeric output includes a numeric combination of the quantity of random numbers (Baerlocher, the central controller and/or the gaming device processor may determine a quantity of designated gaming components based on that player's wager history, the player's status (as determined through a player tracking system) or some other suitable factor or functionality; a higher quantity of designated gaming components will increase the likelihood or probability of the player selecting a designated gaming component [0374]). Regarding Claim 4: Irwin further discloses wherein the executable code, when executed, further causes the at least one processor to authenticate, by the entity server, the player device (Irwin, the Gaming Server 302 receives the digitally signed authentication metrics and then calculates 306 its own cryptographic hash (using a similar hash process that was employed by the VR Device 301) of the received cleartext authentication metrics and optionally other data and then decrypts the appended ciphertext hash using the VR Device's 301 a priori associated public key stored in its VR Database 307 (a.k.a. “Authentication Database”); if the decrypted received hash matches the Gaming Server's 302 calculated hash 306 the VR Device data 301 is authenticated [0066]), wherein the authenticating includes determining a geographic location of the player device from, at least in part, an identifier of the player device to ensure that the geographic location is a permitted geographic location so that the player is eligible to participate in the promotional draw to obtain the one or more resources (Irwin, (ii) dimensional and locational authentication metrics of the real world environment surrounding the VR device from at least the orientation and dimensional sensors [Claim 1]). Regarding Claim 5: Irwin further discloses wherein the identifier comprises an Internet Protocol (IP) address (Irwin, these real world environmental authentication metrics may also be expanded to other environmental metrics e.g., ambient sound, Global Position System (GPS) coordinates, Wi-Fi network identity, Internet Protocol (IP) address [0049]), and wherein determining the geographic location of the player comprises mapping the IP address of the player device using an IP geolocation API (Irwin, the consumer's VR Device 341 typically analyzes its immediate environmental surroundings 347 garnering a geometrical description of its environment (e.g., room length, width, and height) and other environmental ancillary data (e.g., Wi-Fi network, IP address) as second level authentication data [0082]). Regarding Claim 6: Baerlocher further teaches wherein the weighted variables include a current amount of player points already attributed to the player account (Baerlocher, the central controller and/or gaming device processor determine the number of award points and/or the number of game component points from a plurality of values associated with each progressive award and/or game component; each value is associated with a probability of being selected and the central controller and/or gaming device processor selects one of the values for the number of award points and/or the number of game component points based on these probabilities; in one embodiment, the probabilities associated with the values are equal; in alternative embodiments, the probabilities associated with the values are weighted based on the player's wager, weighted based on the status of one or more players (such as determined through a player tracking system), weighted based on time, weighted on an outcome generated in a primary game or weighted based on any other suitable method [0166]). Regarding Claim 8: Irwin further discloses wherein the executable code, when executed, further causes the at least one processor to generate and transmit an alert to the player device, wherein the alert indicates the outcome (Irwin, assuming the optional digital signature verifies, the at least one predetermined outcome is correspondingly displayed 310 on the VR Device 301 [0070]). Regarding Claim 9: Irwin further discloses wherein the alert comprises an electronic communication selected from the group consisting of a push notification, a SMS text, an email notification, and an in-application notification accessible during the player’s engagement with the gaming application (Irwin, assuming the optional digital signature verifies, the at least one predetermined outcome is correspondingly displayed 310 on the VR Device 301 [0070]). Regarding Claim 11: Irwin further discloses wherein the executable code, when executed, further causes the at least one processor to: receive, via the network from the third party server, a digitally signed electronic output file comprising the random numeric output (Irwin, the gaming sever transmits to the consumer' VR device (preferably digitally signed outcomes) such that the consumer may view and manage sequential outcomes dispensed by the gaming server on the VR device [0012]), wherein the digitally signed electronic output file is encrypted and includes a stamp of authentication thereby cryptographically binding an electronic identity to the random numeric output (Irwin, the various multi-factor strong authentication data and optional betting data from each session may be stored preferably encrypted or alternatively in plaintext in a hash chain or blockchain that is maintained by at least the gaming service provider [0062]); access one or more keys stored to a key index (Irwin, the game server 390 includes a VR database 391, a historical database 392, a separate database 395 for storing predetermined outcomes for Class II gaming, a public and private cryptographic key pair 3000 [0094]); verify that the digitally signed electronic output file is unaltered, the verifying using the accessed one or more stored keys (Irwin, the VR Device 301 then receives the at least one predetermined outcome and optionally verifies the Game Server's 302 digital signature [0070]; this hash chain process will continue as subsequent sessions (337 and 338) occur for the same consumer and/or VR device with each session essentially linked to all previous sessions in a manner that no historical data may be altered without disturbing the integrity of the hash chain [0079]); based upon verifying that the digitally signed electronic output file is unaltered, authenticate the random numeric output (Irwin, the Gaming Server 302 receives the digitally signed authentication metrics and then calculates 306 its own cryptographic hash (using a similar hash process that was employed by the VR Device 301) of the received cleartext authentication metrics and optionally other data and then decrypts the appended ciphertext hash using the VR Device's 301 a priori associated public key stored in its VR Database 307 (a.k.a. “Authentication Database”); if the decrypted received hash matches the Gaming Server's 302 calculated hash 306 the VR Device data 301 is authenticated [0066]); distribute the one or more resources to the player account based on the outcome (Irwin, the consumer elects to cash out 311, the VR Device 301 typically transfers the cash out request to the Gaming Server 302 where a Redemption Process 312 ensues resulting in the winnings being credited to the consumer's account 316 [0070]). Irwin, as modified, fails to explicitly disclose apply the random numeric output to a promotional draw to determine the outcome. Rowe teaches apply the random numeric output to a promotional draw to determine the outcome (Rowe, cashless instrument promotional values can include courtesy "roundups" of monetary amounts, as well as general and specific gaming table promotions to encourage play across many different casino gaming venues [Abstract]). As stated above with respect to claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the method for providing wagering outcomes as disclosed by Irwin with the method of providing general and specific gaming table promotions as taught by Rowe to encourage play across many different casino gaming venues. Regarding Claim 17: Irwin discloses a computer-implemented method for cryptographic data transmission, comprising: receiving, at an entity server, an input from a player device that triggers a request for generation of a random numeric output associated with an outcome, wherein the outcome indicates whether one or more resources are to be distributed to a player account of a player of a gaming application that is accessible to the player via the player device (Irwin, whenever a wager is made, the VR device interfaces with a game server to commit to the wager if the consumer's account and authentication data are acceptable, subsequently providing a digital receipt and confirmation to the consumer's VR device; once the wagered event starts, the VR device requests at least one real time RNG or predetermined outcome from the gaming server to determine the status (e.g., win or lose) of the consumer's wager [0013]); transmitting, across a network, the request for generation of the random numeric output to a third party server (Irwin, the VR device interfaces with a game server to commit to the wager if the consumer's account and authentication data are acceptable, subsequently providing a digital receipt and confirmation to the consumer's VR device; once the wagered event starts, the VR device requests at least one real time RNG or predetermined outcome from the gaming server to determine the status (e.g., win or lose) of the consumer's wager [0013]); receiving, via the network from the third party server, a digitally signed electronic output file comprising the random numeric output (Irwin, the gaming sever transmits to the consumer' VR device (preferably digitally signed outcomes) such that the consumer may view and manage sequential outcomes dispensed by the gaming server on the VR device [0012]), wherein the digitally signed electronic output file is encrypted and includes a stamp of authentication thereby cryptographically binding an electronic identity to the random numeric output (Irwin, the various multi-factor strong authentication data and optional betting data from each session may be stored preferably encrypted or alternatively in plaintext in a hash chain or blockchain that is maintained by at least the gaming service provider [0062]); accessing one or more keys stored to a key index (Irwin, the game server 390 includes a VR database 391, a historical database 392, a separate database 395 for storing predetermined outcomes for Class II gaming, a public and private cryptographic key pair 3000 [0094]); verifying that the digitally signed electronic output file is unaltered, the verifying using the accessed one or more stored keys thereby authenticating the random numeric output (Irwin, the VR Device 301 then receives the at least one predetermined outcome and optionally verifies the Game Server's 302 digital signature [0070]; this hash chain process will continue as subsequent sessions (337 and 338) occur for the same consumer and/or VR device with each session essentially linked to all previous sessions in a manner that no historical data may be altered without disturbing the integrity of the hash chain [0079]); distributing the one or more resources to the player account based on the outcome (Irwin, the consumer elects to cash out 311, the VR Device 301 typically transfers the cash out request to the Gaming Server 302 where a Redemption Process 312 ensues resulting in the winnings being credited to the consumer's account 316 [0070]). Irwin fails to explicitly disclose the request indicating one or more parameters configured to influence the random numeric output and including data indicating weighted variables used to influence the outcome; applying the random numeric output to a promotional draw to determine the outcome. Baerlocher teaches the request indicating one or more parameters configured to influence the random numeric output and including data indicating weighted variables used to influence the outcome (Baerlocher, the probabilities associated with the values are weighted based on the player's wager, weighted based on the status of one or more players (such as determined through a player tracking system), weighted based on time, weighted on an outcome generated in a primary game or weighted based on any other suitable method [0166]). As recited above with respect to claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the method of determining an outcome as disclosed by Irwin with the method of selecting an outcome with probabilities associated with values that are weighted based on the player's wager or weighted based on the status of one or more players (such as determined through a player tracking system) as taught by Baerlocher in order to reward players who have higher statuses than other players. Rowe teaches applying the random numeric output to a promotional draw to determine the outcome (Rowe, cashless instrument promotional values can include courtesy "roundups" of monetary amounts, as well as general and specific gaming table promotions to encourage play across many different casino gaming venues [Abstract]). As recited above with respect to claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the method for providing wagering outcomes as disclosed by Irwin with the method of providing general and specific gaming table promotions as taught by Rowe to encourage play across many different casino gaming venues. Regarding Claim 18: Irwin further discloses wherein the method further comprises authenticating, by the entity server, the player device (Irwin, the Gaming Server 302 receives the digitally signed authentication metrics and then calculates 306 its own cryptographic hash (using a similar hash process that was employed by the VR Device 301) of the received cleartext authentication metrics and optionally other data and then decrypts the appended ciphertext hash using the VR Device's 301 a priori associated public key stored in its VR Database 307 (a.k.a. “Authentication Database”); if the decrypted received hash matches the Gaming Server's 302 calculated hash 306 the VR Device data 301 is authenticated [0066]), wherein the authenticating includes determining a geographic location of the player device from, at least in part, an identifier of the player device to ensure that the geographic location is a permitted geographic location so that the player is eligible to participate in a promotion to obtain the one or more resources (Irwin, (ii) dimensional and locational authentication metrics of the real world environment surrounding the VR device from at least the orientation and dimensional sensors [Claim 1]). Regarding Claim 19: Irwin further discloses wherein the identifier comprises an Internet Protocol (IP) address (Irwin, these real world environmental authentication metrics may also be expanded to other environmental metrics e.g., ambient sound, Global Position System (GPS) coordinates, Wi-Fi network identity, Internet Protocol (IP) address [0049]), and wherein determining the geographic location of the player comprises mapping the IP address of the player device using an IP geolocation API (Irwin, the consumer's VR Device 341 typically analyzes its immediate environmental surroundings 347 garnering a geometrical description of its environment (e.g., room length, width, and height) and other environmental ancillary data (e.g., Wi-Fi network, IP address) as second level authentication data [0082]). Regarding Claim 20: Irwin further discloses wherein the method further comprises generating and transmitting an alert to the player device, wherein the alert indicates the outcome (Irwin, assuming the optional digital signature verifies, the at least one predetermined outcome is correspondingly displayed 310 on the VR Device 301 [0070]). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Irwin, in view of Baerlocher, in view of Rowe, and further in view of Uss et al., US 2021/0183199 A1 (hereinafter Uss). Regarding Claim 7: Irwin, as modified, discloses the invention as filed. Irwin, as modified, fails to explicitly disclose wherein the request for generation of the random numeric output comprises an API request. Uss teaches wherein the request for generation of the random numeric output comprises an API request (Uss, the UI system 302 could use one or more application programming interfaces (APIs) to generate the RNG calls [0094]). Irwin teaches a gaming system and a method for operating a gaming device or gaming system with a plurality of progressive awards (Irwin Abstract]). Irwin discloses selecting outcomes via a random number generator (Irwin [0069]). The term “Random Number Generator” or “RNG” is used in the claims and in the corresponding portions of the specification for brevity, with the term RNG to be understood to mean all forms of random number generation (Irwin [0069]). Uss teaches wherein a UI system could use one or more application programming interfaces (APIs) to generate the RNG calls (Uss [0094]). It would have been obvious to one of ordinary skill in the art before the effective filing date to replace the random number generator as disclosed by Irwin with the API used to generate RNG calls as taught by Uss since the API would also provide random numbers. Claims 10, 12-14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Irwin, in view of Baerlocher. Regarding Claim 10: Irwin discloses a computing system for variable assignment, the computing system comprising: a communication interface communicatively coupled to the at least one processor (Irwin, a Wi-Fi (a.k.a. IEEE 802.11) receiver and transmitter 389 primarily for communicating with the game server 390 over the Internet [0093]); and a method: process user data of a plurality of players of one or more games accessible via a gaming application of an entity (Irwin, a plurality of consumers simultaneously compete in a shared virtual environment [0015]), receive, at an entity server of the entity, an input from a player device of a player of the gaming application that triggers a request for generation of a random numeric output associated with the outcome and based thereon identify a user profile of the player, the user profile including associated player data of the player (Irwin, whenever a wager is made, the VR device interfaces with a game server to commit to the wager if the consumer's account and authentication data are acceptable, subsequently providing a digital receipt and confirmation to the consumer's VR device; once the wagered event starts, the VR device requests at least one real time RNG or predetermined outcome from the gaming server to determine the status (e.g., win or lose) of the consumer's wager [0013]); Irwin fails to explicitly disclose at least one processor; a memory device storing executable code that, when executed, causes the at least one processor to: the processing including generating probability classification data from the user data and assigning classifications to the probability classification data based on one or more variables, the gaming application being accessible to players via player devices; assign weighted values to the probability classification data based on the classifications assigned to the probability classification data, the weighted values configured to influence probability of an outcome based on classification of the user data, wherein the outcome indicates whether one or more resources are to be distributed; classify, based on player variables included in the player data, the player data of the player to a specific classification of the classifications; and transmit, across a network, the request for generation of the random numeric output to a third party server, the request indicating one or more parameters configured to influence the random numeric output and including the probability classification data of the specific classification to which the player data was classified. Baerlocher teaches at least one processor (Baerlocher, the gaming device preferably includes at least one processor 12 [0074]); a memory device storing executable code (Baerlocher, the memory device stores program code and instructions, executable by the processor, to control the gaming device [0074]) that, when executed, causes the at least one processor to: the processing including generating probability classification data from the user data and assigning classifications to the probability classification data based on one or more variables, the gaming application being accessible to players via player devices (Baerlocher, the central controller and/or gaming device processor determine the number of award points and/or the number of game component points from a plurality of values associated with each progressive award and/or game component; each value is associated with a probability of being selected and the central controller and/or gaming device processor selects one of the values for the number of award points and/or the number of game component points based on these probabilities; in one embodiment, the probabilities associated with the values are equal; in alternative embodiments, the probabilities associated with the values are weighted based on the player's wager, weighted based on the status of one or more players (such as determined through a player tracking system), weighted based on time, weighted on an outcome generated in a primary game or weighted based on any other suitable method [0166]); assign weighted values to the probability classification data based on the classifications assigned to the probability classification data, the weighted values configured to influence probability of an outcome based on classification of the user data, wherein the outcome indicates whether one or more resources are to be distributed (Baerlocher, the probabilities associated with the values are weighted based on the player's wager, weighted based on the status of one or more players (such as determined through a player tracking system), weighted based on time, weighted on an outcome generated in a primary game or weighted based on any other suitable method [0166]); classify, based on player variables included in the player data, the player data of the player to a specific classification of the classifications (Baerlocher, the probabilities associated with the values are ... weighted based on the status of one or more players (such as determined through a player tracking system) [0166]); and transmit, across a network, the request for generation of the random numeric output to a third party server, the request indicating one or more parameters configured to influence the random numeric output and including the probability classification data of the specific classification to which the player data was classified (Baerlocher, the central server or controller receives the game outcome request and randomly generates a game outcome for the primary game based on probability data; in another embodiment, the central server or controller randomly generates a game outcome for the secondary game based on probability data; in another embodiment, the central server or controller randomly generates a game outcome for both the primary game and the secondary game based on probability data [0116]). Irwin discloses a system and method for allowing a plurality of consumers or users to be individually authenticated in a Virtual Reality (VR) environment conducted throughout a VR session accessing a gaming server that dispenses outcomes (Irwin [Abstract]). Whenever a wager is made, the VR device interfaces with a game server to commit to the wager if the consumer's account and authentication data are acceptable, subsequently providing a digital receipt and confirmation to the consumer's VR device (Irwin [0013]). Once the wagered event starts, the VR device requests at least one real time RNG or predetermined outcome from the gaming server to determine the status (e.g., win or lose) of the consumer's wager, providing a visual gaming style display (e.g., giant pull-tab reveal, slot machine) of the outcome (Irwin [0013]). Baerlocher teaches a gaming system and a method for operating a gaming device or gaming system with a plurality of progressive awards (Baerlocher Abstract]). The gaming device enables a player to select one of the progressive awards (Baerlocher Abstract]). The central controller and/or gaming device processor determine the number of award points and/or the number of game component points from a plurality of values associated with each progressive award and/or game component (Baerlocher [0166]). Each value is associated with a probability of being selected and the central controller and/or gaming device processor selects one of the values for the number of award points and/or the number of game component points based on these probabilities (Baerlocher [0166]). In embodiments, the probabilities associated with the values are weighted based on the player's wager, weighted based on the status of one or more players (such as determined through a player tracking system), weighted based on time, weighted on an outcome generated in a primary game or weighted based on any other suitable method (Baerlocher [0166]). It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the method of determining an outcome as disclosed by Irwin with the method of selecting an outcome with probabilities associated with values that are weighted based on the player's wager or weighted based on the status of one or more players (such as determined through a player tracking system) as taught by Baerlocher in order to reward players who have higher statuses than other players. Regarding Claim 12: Irwin further discloses wherein the executable code, when executed, further causes the at least one processor to initiate displaying, via a user interface of the player device of the player, an indication of the output (Irwin, assuming the optional digital signature verifies, the at least one predetermined outcome is correspondingly displayed 310 on the VR Device 301 [0070]). Regarding Claim 13: Irwin further discloses wherein the executable code, when executed, further causes the at least one processor to authenticate, by the entity server, the player device (Irwin, the Gaming Server 302 receives the digitally signed authentication metrics and then calculates 306 its own cryptographic hash (using a similar hash process that was employed by the VR Device 301) of the received cleartext authentication metrics and optionally other data and then decrypts the appended ciphertext hash using the VR Device's 301 a priori associated public key stored in its VR Database 307 (a.k.a. “Authentication Database”); if the decrypted received hash matches the Gaming Server's 302 calculated hash 306 the VR Device data 301 is authenticated [0066]), wherein the authenticating includes determining a geographic location of the player device from, at least in part, an identifier of the player device to ensure that the geographic location is a permitted geographic location so that the player is eligible to participate in a promotion to obtain the one or more resources (Irwin, (ii) dimensional and locational authentication metrics of the real world environment surrounding the VR device from at least the orientation and dimensional sensors [Claim 1]). Regarding Claim 14: Irwin further discloses wherein the identifier comprises an Internet Protocol (IP) address (Irwin, these real world environmental authentication metrics may also be expanded to other environmental metrics e.g., ambient sound, Global Position System (GPS) coordinates, Wi-Fi network identity, Internet Protocol (IP) address [0049]), and wherein determining the geographic location of the player comprises mapping the IP address of the player device using an IP geolocation API (Irwin, the consumer's VR Device 341 typically analyzes its immediate environmental surroundings 347 garnering a geometrical description of its environment (e.g., room length, width, and height) and other environmental ancillary data (e.g., Wi-Fi network, IP address) as second level authentication data [0082]). Regarding Claim 16: Irwin further discloses wherein the executable code, when executed, further causes the at least one processor to generate and transmit an alert to the player device, wherein the alert indicates the outcome, wherein the alert is selected from the group consisting of a push notification, a SMS text, an email notification, and an in-application notification accessible during the player’s engagement with the gaming application (Irwin, assuming the optional digital signature verifies, the at least one predetermined outcome is correspondingly displayed 310 on the VR Device 301 [0070]). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Irwin, in view of Baerlocher, and further in view of Uss. Regarding Claim 15: Irwin, as modified, discloses the invention as filed. Irwin, as modified, fails to explicitly disclose wherein the request for generation of the random numeric output comprises an API request (Uss, the UI system 302 could use one or more application programming interfaces (APIs) to generate the RNG calls [0094]). As recited above with respect to claim 7, it would have been obvious to one of ordinary skill in the art before the effective filing date to replace the random number generator as disclosed by Irwin with the API used to generate RNG calls as taught by Uss since the API would also provide random numbers. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WERNER G GARNER whose telephone number is (571)270-7147. The examiner can normally be reached M-F 7:30-15:30 EST. 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, DAVID LEWIS can be reached at (571) 272-7673. 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. /WERNER G GARNER/ Primary Examiner, Art Unit 3715
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Prosecution Timeline

Sep 29, 2023
Application Filed
Feb 03, 2026
Non-Final Rejection — §101, §103, §112
Feb 26, 2026
Examiner Interview Summary
Feb 26, 2026
Applicant Interview (Telephonic)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Expected OA Rounds
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3y 2m
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