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 .
Response to Amendment
Examiner acknowledges receipt of Applicant’s amendments and arguments filed 09/30/2025. The arguments set forth are addressed herein below.
Applicant’s amendments necessitated the new ground of rejection set forth herein; therefore, this action is made Final.
Claims 1, 2, 5, 7, 9, 13, 20, 25, 29-30, 33, 35, 38-39, 43, 45, 47-48, and 50-51 are now pending.
AIA Notice
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 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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 5, 13, 29, 30, 33, 35, 38, 39, 43, 47, 48, and 50 are rejected as being unpatentable over U.S. Patent Application Publication 2019/0290965 A1 to Oren in view of U.S. Patent Application Publication 2018/0117446 A1 to Tran et al.
Regarding Claim 1, (Currently Amended) Oren generally discloses a method for creating a cryptographically secured digital asset (paras. [0002]-[0003]), comprising:
a. using at least a first activity data sensor to collect data relating to an activity carried out by a user (fig. 13, para. [0148] discloses session data 1312 that includes sensor data such as resistance, cadence, user heartrate; paras. [0114]-[0116], [0139], [0143] discloses various sensors that collects user data from the rider);
b. transmitting the data to a processing system (fig. 13, session data 1312; paras. [0148] discloses the local system 1310 transmits session data 1312 to the distribution platform 1320 and he session data 1312 is provided to a content provider/host system 1340);
c. using the processing system to generate a digital asset based on the data (fig. 13, content generation 1342, paras. [0094]-[0095], [0149] discloses the content generation module 1342 may use stored content data 1346 and user data 1348 (e.g., information on previous content generated for user) to generate the digital asset 1360); and
d. cryptographically securing the digital asset (paras. [0010], [0035] discloses the digital assets can be secured by encryption).
However, Oren does not explicitly disclose …”with a fungible or non-fungible toke registered on and validated by a blockchain platform.” In a related invention, Tran discloses a smart device system in which cryptographically securing the digital asset with a fungible or non-fungible token registered on and validated by a blockchain platform (paras. [0031]-[0034], [0039]-[0045], [0064] discloses data collection by sensors for the device….and paras. [0135]-[0137], [0212]-[0214] discloses using blockchain technology to secure data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the feature of Tran with the system of Oren in order to further improve data protection of the received data of user’s activity.
Regarding Claim 2, (Previously Presented) Oren in view of Tran discloses the method of claim 1, wherein the first activity data sensor is a somatic sensor, and the somatic sensor is a force sensor, a shear sensor, a weight sensor, a body-mass-index sensor, a temperature sensor, a moisture sensors, a heart rate sensor, a heart rate variability sensor, a blood pressure sensor, a blood flow sensor, a cardiac output sensor, a perfusion sensor, an inductance sensor, a resistance sensor, a dielectric sensor, a capacitance sensor, a conductance sensor, an odor sensor, a taste sensor, a hydration sensor, a respiratory flow rate sensor, an accelerometer, a gyroscope, a magnetometer, a limb positioning measurement device, a sensor for detecting the presence of a chemical marker, a blood glucose sensor, a sweat glucose sensor, a blood alcohol sensor, an oxygen sensor, a carbon dioxide sensor, a drug level sensor, an electrolyte sensor, a pH sensor, an acidity sensor, an EEG sensor, an EMG sensor, an ECG sensor, a lung function meter, an impairment sensor, a sleep sensor, a body fat sensor, a height sensor, a fatigue sensor, an audio sensor, an RFID tag sensor, radar, lidar, an airflow meter, a spirometer, a lung volume sensor, a facial recognition sensor, a voice sensor, an emotion sensor, a stress sensor, an endorphin sensor, a cortisol sensor, an adrenaline sensor, an infrared sensor, or a bacterial load sensor (Oren, paras. [0114]-[0115], [0148] discloses various different types of sensors such as magnetic resistance power measurement sensors and … a wide range of other sensors to measure speed, pedal cadence, wheel rotational speed, resistance, cadence, user heartrate).
Regarding Claim 5, (Previously Presented) Oren discloses in view of Tran the method of claim 1, wherein the first activity data sensor is a non-somatic sensor, and the non-somatic sensor is a timer, weather sensor, a GPS sensor, an audio sensor, a light sensor, an altimeter, radar, lidar, a milestone sensor, an equipment- based sensor, or a proximity sensor (Oren, paras. [0114]-[0115], [0148] discloses include a wide range of other sensors to measure speed, pedal cadence, wheel rotational speed, etc. The stationary bike may also include sensors to measure rider heart-rate, respiration, hydration, or any other physical characteristic).
Regarding Claim 13, (Previously Presented) Oren in view of Tran discloses the method of claim 1, wherein the digital asset comprises a visual representation of the data (Oren, paras. [0114]-[0116], [0142]-[0144], [0148]).
Regarding Claim 29, (Currently Amended) Oren discloses a system for creating a cryptographically secured digital asset, comprising:
at least a first activity data sensor configured to collect data relating to an activity carried out by a user (fig. 13, para. [0148] discloses session data 1312 that includes sensor data such as resistance, cadence, user heartrate; paras. [0114]-[0116], [0139], [0143] discloses various sensors that collects user data from the rider); and
a processing system configured to receive the data from the first activity data sensor (fig. 13, session data 1312; paras. [0148] discloses the local system 1310 transmits session data 1312 to the distribution platform 1320 and he session data 1312 is provided to a content provider/host system 1340),
generate a digital asset based on the data (fig. 13, content generation 1342, paras. [0094]-[0095], [0149] discloses the content generation module 1342 may use stored content data 1346 and user data 1348 (e.g., information on previous content generated for user) to generate the digital asset 1360), and
cryptographically secure the digital asset (paras. [0010], [0035] discloses the digital assets can be secured by encryption).
However, Oren does not explicitly disclose …”with a fungible or non-fungible toke registered on and validated by a blockchain platform.” In a related invention, Tran discloses a smart device system in which cryptographically securing the digital asset with a fungible or non-fungible token registered on and validated by a blockchain platform (paras. [0031]-[0034], [0039]-[0045], [0064] discloses data collection by sensors for the device….and paras. [0135]-[0137], [0212]-[0214] discloses using blockchain technology to secure data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the feature of Tran with the system of Oren in order to further improve data protection of the received data of user’s activity.
Regarding Claim 30, (Previously Presented) Oren in view of Tran discloses the system of claim 29, wherein the first activity data sensor is a somatic sensor, and the somatic sensor is a force sensor, a shear sensor, a weight sensor, a body-mass-index sensor, a temperature sensor, a moisture sensors, a heart rate sensor, a heart rate variability sensor, a blood pressure sensor, a blood flow sensor, a cardiac output sensor, a perfusion sensor, an inductance sensor, a resistance sensor, a dielectric sensor, a capacitance sensor, a conductance sensor, an odor sensor, a taste sensor, a hydration sensor, a respiratory flow rate sensor, an accelerometer, a gyroscope, a magnetometer, a limb positioning measurement device, a sensor for detecting the presence of a chemical marker, a blood glucose sensor, a sweat glucose sensor, a blood alcohol sensor, an oxygen sensor, a carbon dioxide sensor, a drug level sensor, an electrolyte sensor, a pH sensor, an acidity sensor, an EEG sensor, an EMG sensor, an ECG sensor, a lung function meter, an impairment sensor, a sleep sensor, a body fat sensor, a height sensor, a fatigue sensor, an audio sensor, an RFID tag sensor, radar, lidar, an airflow meter, a spirometer, a lung volume sensor, a facial recognition sensor, a voice sensor, an emotion sensor, a stress sensor, an endorphin sensor, a cortisol sensor, an adrenaline sensor, an infrared sensor, or a bacterial load sensor (Oren, paras. [0114]-[0115], [0148] discloses various different types of sensors such as magnetic resistance power measurement sensors and … a wide range of other sensors to measure speed, pedal cadence, wheel rotational speed, resistance, cadence, user heartrate)
Regarding Claim 33, (Previously Presented) Oren in view of Tran discloses the system of claim 29, wherein first activity data sensor is a non-somatic sensor, and the non-somatic sensor is a timer, weather sensor, a GPS sensor, an audio sensor, a light sensor, an altimeter, a finish-line sensor, an equipment-based sensor, or a proximity sensor (Oren, paras. [0114]-[0115], [0148] discloses include a wide range of other sensors to measure speed, pedal cadence, wheel rotational speed, etc. The stationary bike may also include sensors to measure rider heart-rate, respiration, hydration, or any other physical characteristic)
Regarding Claim 35, (Previously Presented) Oren in view of Tran discloses the system of claim 29, further comprising a wearable device, wherein the wearable device is an insole, or a piece of gaming equipment that carries the first activity data sensor (Oren, figs. 1-3A, paras. [0114]-[0116], [0148]).
Regarding Claim 38, (Previously Presented) Oren in view of Tran discloses the system of claim 29, wherein the digital asset comprises a visual representation of the data (Oren, paras. [0114]-[0116], [0142]-[0144], [0148]).
Regarding Claim 39, (Previously Presented) Oren in view of Tran discloses the system of claim 29, wherein the processing system is configured to apply a set of instructions to the data to generate the digital asset (Oren, paras. [0094]-[0095], [0149] discloses the content generation module 1342 may use stored content data 1346 and user data 1348 (e.g., information on previous content generated for user) to generate the digital asset 1360).
Regarding Claim 43, (Previously Presented) Oren in view of Tran discloses the system of claim 29, wherein the processing system is configured to generate the digital asset based on the data and additional non-sensor based data relating to the activity carried out by the user (Oren, para. [0148]).
Regarding Claim 47, (Previously Presented) Oren in view of Tran discloses the system of claim 29, wherein the processing system is configured to use the data to authenticate at least one statistic relating to the activity (Oren, paras. [0412]-[0144]).
Regarding Claim 48, (Previously Presented) Oren in view of Tran discloses the system of claim 29, wherein the processing system is configured to automatically detect a nature of the activity (Oren, paras. [0148], [0152]).
Regarding Claim 50, (Previously Presented) Oren in view of Tran discloses the system of claim 29, wherein the system is configured to generate the digital asset proportionally to the data (Oren, paras. [0152]).
Claims 7, 9, 20, 25, 45, and 51 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2019/0290965 A1 to Oren in view of U.S. Patent Application Publication 2018/0117446 At to Tran et al. and further in view of U.S. Patent 8,221,290 B2 to Vincent et al. (as recited by the IDS).
Regarding Claim 7, (Previously Presented) Oren in view of Tran discloses the method of claim 1, but does not explicitly disclose wherein step a. comprises collecting the data while the first activity data sensor is carried by a wearable device worn by the user, and the wearable device is an insole worn by the user.
In a related invention, Vincent discloses wherein step a. comprises collecting the data while the first activity data sensor is carried by a wearable device worn by the user, and the wearable device is an insole worn by the user (figs. 1, 7, Col. 4:60 – Col. 5:9, Col. 18:1-17, Col. 42:50 – Col. 43:63 discloses a portable device 102 worn by the user and can be on different body parts; also discloses a motion monitor in the insole of the user/runner’s shoe, a heart rate sensor on the user’s body, and garments worn by the user may also include integrated sensors).
Vincent discloses a sports electronic system for monitoring and providing feedback to an individual based on data received. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the feature of Vincent with the system of Oren and Tran in order to further improve the measurements of user’s activity during performance.
Regarding Claim 9, (Previously Presented) Oren in view of Tran discloses the method of claim 1, but does not wherein the activity comprises a gaming activity or athletic activity. In a related invention, Vincent discloses wherein the activity comprises a gaming activity or athletic activity (figs. 44-45, Col. 44:1 – Col. 45:line 34). Vincent discloses a sports electronic system for monitoring and providing feedback to an individual based on data received. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the feature of Vincent with the system of Oren in order to further improve the measurements of user’s activity during performance.
Regarding Claim 20, (Previously Presented) Oren in view of Tran discloses the method of claim 1, further comprising using the data to authenticate the user (Oren, para. [0079], [0142]-[0144] discloses authentication by the user) and a force sensor (Oren, paras. [0148]), but does not explicitly disclose wherein:
the first activity data sensor is a force sensor positioned on a sole of the user's foot;
the data comprises force applied between the user's foot and a surface; and
using the data to authenticate the user comprises using the processing system to analyze the user's gait based on the data, and authenticating the user based on the analysis of the user's gait.
In a related invention, Vincent discloses:
the first activity data sensor is a force sensor positioned on a sole of the user's foot (Col. 13:10-14, 52-67, Col. 14:1-15, Col. 40:36 – Col. 41:10, Col. 42:5-17, Col. 42:60 – Col. 43:8);
the data comprises force applied between the user's foot and a surface (Col. 13:10-14, 52-67, Col. 14:1-15, Col. 40:36 – Col. 41:10, Col. 42:5-17, Col. 42:60 – Col. 43:8); and
using the data to authenticate the user comprises using the processing system to analyze the user's gait based on the data, and authenticating the user based on the analysis of the user's gait (Col. 13:10-14, 52-67, Col. 14:1-15, Col. 40:36 – Col. 41:10, Col. 42:5-17, Col. 42:60 – Col. 43:8).
wherein the activity comprises a gaming activity or athletic activity (figs. 44-45, Col. 44:1 – Col. 45:line 34). Vincent discloses a sports electronic system for monitoring and providing feedback to an individual based on data received. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the feature of Vincent with the system of Oren and Tran in order to further improve the measurements of user’s activity during performance.
Regarding Claim 25, (Previously Presented) Oren in view of Tran and further in view of Vincent discloses the method of claim 1, but does not explicitly disclose wherein the cryptographically secured digital asset comprises a skin or an attribute that is usable in gaming (Vincent, Col. 44:1 – Col. 45:34 discloses digital assets may be usable in game).
Regarding Claim 45, (Previously Presented) Oren in view of Tran discloses the system of claim 29, wherein the processing system is configured to use the data to authenticate the user (Oren, para. [0079], [0142]-[0144] discloses authentication by the user) and a force sensor (Oren, paras. [0148]), but does not explicitly disclose wherein:
the first activity data sensor is a force sensor that is positionable on a sole of the user's foot and that is configured to measure force applied between the user's foot and a surface; and
the processing device is configured to analyze the user's gait based on the data, and authenticate the user based on the analysis of the user's gait.
In a related invention, Vincent discloses:
the first activity data sensor is a force sensor that is positionable on a sole of the user's foot and that is configured to measure force applied between the user's foot and a surface (Col. 13:10-14, 52-67, Col. 14:1-15, Col. 40:36 – Col. 41:10, Col. 42:5-17, Col. 42:60 – Col. 43:8); and
the processing device is configured to analyze the user's gait based on the data, and authenticate the user based on the analysis of the user's gait (Col. 13:10-14, 52-67, Col. 14:1-15, Col. 40:36 – Col. 41:10, Col. 42:5-17, Col. 42:60 – Col. 43:8).
Vincent discloses a sports electronic system for monitoring and providing feedback to an individual based on data received. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the feature of Vincent with the system of Oren and Tran in order to further improve the measurements of user’s activity during performance.
Regarding Claim 51, (Previously Presented) Oren in view of Tran and further in view of Vincent discloses the method of claim 29, wherein the cryptographically secured digital asset comprises an attribute or a skin that is usable in gaming (Vincent, Col. 44:1 – Col. 45:34 discloses digital assets may be usable in game).
Response to Arguments/Remarks
Applicant’s arguments filed 09/30/2025 have been fully considered but they are moot in view of the new ground(s) of rejection necessitated by the amendments.
Conclusion
Claims 1, 2, 5, 7, 9, 13, 20, 25, 29-30, 33, 35, 38-39, 43, 45, 47-48, and 50-51 are examined above.
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 SHAUNA-KAY HALL whose telephone number is (571)270-1419. The examiner can normally be reached M-F 9:00AM-5:00PM.
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.
/S.N.H/Examiner, Art Unit 3715 /DAVID L LEWIS/Supervisory Patent Examiner, Art Unit 3715