Detailed Action
This is a Final Office action in response to communications received on 11/10/2025. Claims 1, 2, 6, 9, 13, 14, 18 and 20 were amended. Claims 1-20 are pending and are examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant argues on page(s) 9 of the Remarks, filed 11/10/2025, the cited prior art fail to teach or suggest “projecting a future amount of demand for NFTs based at least in part on gameplay information indicating a number of players currently eligible for an NFT”. However, Examiner respectfully disagrees. Benedetto teaches, in [0061]-[0062], monitoring gameplay of multiple entities and pre-minting NFTs (i.e., projecting a future amount of demand for NFTs ) for those in pursuit of an in-game task (i.e., gameplay information indicating a number of players currently eligible for an NFT).
Applicant’s remaining arguments regarding the rejection under 35 U.S.C. 102 of the claims under Benedetto have been considered, but are moot because the new ground of rejection necessitated from amending the independent claims 1, 13 and 20. The instant rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically argued in the Applicant's response.
Consequently, the rejection of the claims under 35 U.S.C. 103 is presented as below.
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.
Claims 1-9 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Benedetto (US 20230079127 A1), in view of Diesch (US 20220358576 A1).
Regarding claim 1, Benedetto teaches the limitations of claim 1 substantially as follows:
A computer-implemented method comprising:
projecting a future amount of demand for NFTs based at least in part on gameplay information indicating a number of players currently eligible for an NFT; (Benedetto; Para(s). [0061]-[0062]: monitor not just a single end-user entity's gameplay but possibly to monitor multiple entities' gameplay as occurring in parallel across multiple execution instances of the same game as happening concurrently (i.e., based at least in part on gameplay information indicating a number of players currently eligible for an NFT); multiple potential NFTs may be minted in advance (i.e. projecting a future amount of demand for NFTs) so that one of those NFTs can ultimately be provided)
pre-minting additional NFTs until the pool is sufficient to meet the projected future demand; (Benedetto; Para(s). [0062]: multiple potential NFTs may be minted in advance (i.e. pre-minting additional NFTs ) so that one of those NFTs can ultimately be provided (i.e. sufficient to meet the projected future demand))
receiving, by a token management service, a request for at least one NFT; and (Benedetto; Para(s). [0067]: after performing an indicated event (i.e. request for at least one NFT) the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository)
providing, by the token management service, at least one pre-minted NFT from the pool in response to the request. (Benedetto; Para(s). [0067]: after performing an indicated event the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository (i.e. providing, by the token management service, the at least one pre-minted NFT in response to the request))
Benedetto does not teach the limitations of claim 1 as follows:
identifying the number of pre-minted NFTs available in a pool;
However, in the same field of endeavor, Diesch discloses the limitations of claim 1 as follows:
identifying the number of pre-minted NFTs available in a pool; (Diesch; [0862]: track the number of HPI tokens in the HPI Token Escrow Pool (i.e., identifying the number of pre-minted NFTs available in a pool) and mint, lock and transfer additional tokens to the pool as required)
Diesch is combinable with Benedetto because both are from the same field of endeavor of management of NFTs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Benedetto to incorporate monitoring a pool of tokens in order to determine minting of additional tokens as in Diesch in order to support supplementing supply of a pool of tokens according to a system’s need.
Regarding claim 2, Benedetto and Diesch teach the limitations of claim 1.
Benedetto and Diesch teach the limitations of claim 2 as follows:
The computer-implemented method of claim 1, further comprising determining, by the token management service, a threshold equal to the projected future amount of demand for NFTs, wherein pre-minting the additional NFTs comprises adding the additional pre-minted NFTs to the pool until the pool includes a number of NFTs that matches the threshold. (Benedetto; [0064]: once each entity passes the threshold, the system may begin minting a potential NFT for that entity as if that entity had already completed the task itself and won the corresponding NFT since passing the threshold signifies a higher likelihood of that entity completing the task than others who have not crossed the threshold yet (threshold amount of pre-minted tokens will be equal to the number of players who have achieved a partial-completion threshold))
Regarding claim 3, Benedetto and Diesch teach the limitations of claim 1.
Benedetto and Diesch teach the limitations of claim 3 as follows:
The computer-implemented method of claim 1, wherein the token management service receives the request from a digital game system. (Benedetto; Para(s). [0050] & [0067]: the end-user entity from above is the first entity/user to actually find the skin at its designated virtual location within the video game's virtual world (i.e. the token management service receives the request from a digital game system) and after performing an indicated event the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository)
Regarding claim 4, Benedetto and Diesch teach the limitations of claim 3.
Benedetto and Diesch teach the limitations of claim 4 as follows:
The computer-implemented method of claim 3, wherein the at least one pre- minted NFT corresponds to a digital asset provided to a player of a digital game of the digital game system. (Benedetto; Para(s). [0051]: the entity has been awarded the associated NFT for the skin, which may provide the entity with the exclusive right to use that skin in the game in which it was found (i.e. a digital asset provided to a player of a digital game of the digital game system))
Regarding claim 5, Benedetto and Diesch teach the limitations of claim 4.
Benedetto and Diesch teach the limitations of claim 5 as follows:
The computer-implemented method of claim 4, wherein the digital asset comprises a game element within the digital game of the digital game system. (Benedetto; Para(s). [0051]: the entity has been awarded the associated NFT for the skin, which may provide the entity with the exclusive right to use that skin in the game in which it was found (i.e. the digital asset comprises a game element within the digital game of the digital game system))
Regarding claim 6, Benedetto and Diesch teach the limitations of claim 4.
Benedetto and Diesch teach the limitations of claim 6 as follows:
The computer-implemented method of claim 4, wherein the digital game system bases use of the digital asset by the player at least in part on a record of the at least one pre-minted NFT. (Benedetto; Para(s). [0051]: the entity has been awarded the associated NFT for the skin, which may provide the entity with the exclusive right to use that skin in the game in which it was found (i.e. bases use of the digital asset by the player at least in part on a record of the at least one pre- minted NFT))
Regarding claim 7, Benedetto and Diesch teach the limitations of claim 4.
Benedetto and Diesch teach the limitations of claim 7 as follows:
The computer-implemented method of claim 4, wherein providing, by the token management service, the at least one pre-minted NFT in response to the request comprises providing real-time access by the player to the digital asset within the digital game. (Benedetto; Para(s). [0051] & [0062]: one of those NFTs can ultimately be provided to the eventual winner of the NFT (first to perform the task) immediately after the task is fully completed by that entity which may provide the entity with the exclusive right to use that skin in the game in which it was found (i.e. real-time access by the player to the digital asset within the digital game))
Regarding claim 8, Benedetto and Diesch teach the limitations of claim 4.
Benedetto and Diesch teach the limitations of claim 8 as follows:
The computer-implemented method of claim 4, wherein providing, by the token management service, the at least one pre-minted NFT in response to the request comprises providing a real-time ability to trade, via the blockchain and by the player, the digital asset with at least one other player of the digital game. (Benedetto; Para(s). [0022]: an example GUI that lists a particular user's NFTs as won through gameplay and that provides for the ability to transfer or use the associated digital asset itself consistent with present principles (i.e. a real-time ability to trade, via the blockchain and by the player, the digital asset with at least one other player of the digital game))
Regarding claim 9, Benedetto and Diesch teach the limitations of claim 4.
Benedetto and Diesch teach the limitations of claim 9 as follows:
The computer-implemented method of claim 4, further comprising storing the at least one pre-minted NFT in a wallet corresponding to the player of the digital game. (Benedetto; Para(s). [0067]: after performing an indicated event the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository (i.e. a wallet corresponding to the player of the digital game))
Regarding claim 13, Benedetto teaches the limitations of claim 1 substantially as follows:
A system comprising: at least one physical processor; and physical memory comprising computer-executable instructions that, when executed by the physical processor, cause the physical processor to: (Benedetto; Para(s). [0004]: a system includes at least one computer medium that is not a transitory signal and that includes instructions executable by at least one processor to determine that a first end-user entity has performed a task for which a first non-fungible token (NFT) is to be provided)
project a future amount of demand for NFTs based at least in part on gameplay information indicating a number of players currently eligible for an NFT; (Benedetto; Para(s). [0061]-[0062]: monitor not just a single end-user entity's gameplay but possibly to monitor multiple entities' gameplay as occurring in parallel across multiple execution instances of the same game as happening concurrently (i.e., based at least in part on gameplay information indicating a number of players currently eligible for an NFT); multiple potential NFTs may be minted in advance (i.e. projecting a future amount of demand for NFTs) so that one of those NFTs can ultimately be provided)
pre-mint additional NFTs until the pool is sufficient to meet the projected demand; (Benedetto; Para(s). [0062]: multiple potential NFTs may be minted in advance (i.e. pre-minting additional NFTs ) so that one of those NFTs can ultimately be provided (i.e. sufficient to meet the projected future demand))
receive, by a token management service, a request for at least one NFT; and (Benedetto; Para(s). [0067]: after performing an indicated event (i.e. request for at least one NFT) the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository)
provide, by the token management service, at least one pre-minted NFT from the pool in response to the request. (Benedetto; Para(s). [0067]: after performing an indicated event the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository (i.e. providing, by the token management service, the at least one pre-minted NFT in response to the request))
Benedetto does not teach the limitations of claim 13 as follows:
identify the number of pre-minted NFTs available in a pool;
However, in the same field of endeavor, Diesch discloses the limitations of claim 13 as follows:
identify the number of pre-minted NFTs available in a pool; (Diesch; [0862]: track the number of HPI tokens in the HPI Token Escrow Pool (i.e., identifying the number of pre-minted NFTs available in a pool) and mint, lock and transfer additional tokens to the pool as required)
Diesch is combinable with Benedetto because both are from the same field of endeavor of management of NFTs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Benedetto to incorporate monitoring a pool of tokens in order to determine minting of additional tokens as in Diesch in order to support supplementing supply of a pool of tokens according to a system’s need.
Regarding claim 14, Benedetto and Diesch teach the limitations of claim 13.
Benedetto and Diesch teach the limitations of claim 14 as follows:
The system of claim 13, wherein the computer-executable instructions further cause the processor to: determine, by the token management service, a threshold equal to the projected future amount of demand for NFTs; and add the additional pre-minted NFTs to the pool until the pool includes a number of NFTs that matches the threshold. (Benedetto; [0064]: once each entity passes the threshold, the system may begin minting a potential NFT for that entity as if that entity had already completed the task itself and won the corresponding NFT since passing the threshold signifies a higher likelihood of that entity completing the task than others who have not crossed the threshold yet (threshold amount of pre-minted tokens will be equal to the number of players who have achieved a partial-completion threshold))
Regarding claim 15, Benedetto and Diesch teach the limitations of claim 13.
Benedetto and Diesch teach the limitations of claim 15 as follows:
The system of claim 13, wherein the token management service receives the request from a digital game system. (Benedetto; Para(s). [0050] & [0067]: the end-user entity from above is the first entity/user to actually find the skin at its designated virtual location within the video game's virtual world (i.e. the token management service receives the request from a digital game system) and after performing an indicated event the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository)
Regarding claim 16, Benedetto and Diesch teach the limitations of claim 15.
Benedetto and Diesch teach the limitations of claim 16 as follows:
The system of claim 15, wherein the at least one pre-minted NFT corresponds to a digital asset provided to a player of a digital game of the digital game system. (Benedetto; Para(s). [0051]: the entity has been awarded the associated NFT for the skin, which may provide the entity with the exclusive right to use that skin in the game in which it was found (i.e. a digital asset provided to a player of a digital game of the digital game system))
Regarding claim 17, Benedetto and Diesch teach the limitations of claim 16.
Benedetto and Diesch teach the limitations of claim 17 as follows:
The system of claim 16, wherein the digital asset comprises a game element within the digital game of the digital game system. (Benedetto; Para(s). [0051]: the entity has been awarded the associated NFT for the skin, which may provide the entity with the exclusive right to use that skin in the game in which it was found (i.e. the digital asset comprises a game element within the digital game of the digital game system))
Regarding claim 18, Benedetto and Diesch teach the limitations of claim 16.
Benedetto and Diesch teach the limitations of claim 18 as follows:
The system of claim 16, wherein the digital game system bases use of the digital asset by the player at least in part on a record of the at least one pre-minted NFT. (Benedetto; Para(s). [0051]: the entity has been awarded the associated NFT for the skin, which may provide the entity with the exclusive right to use that skin in the game in which it was found (i.e. bases use of the digital asset by the player at least in part on a record of the at least one pre- minted NFT))
Regarding claim 19, Benedetto and Diesch teach the limitations of claim 16.
Benedetto and Diesch teach the limitations of claim 19 as follows:
The system of claim 16, wherein providing, by the token management service, the at least one pre-minted NFT in response to the request comprises providing real-time access by the player to the digital asset within the digital game. (Benedetto; Para(s). [0051] & [0062]: one of those NFTs can ultimately be provided to the eventual winner of the NFT (first to perform the task) immediately after the task is fully completed by that entity which may provide the entity with the exclusive right to use that skin in the game in which it was found (i.e. real-time access by the player to the digital asset within the digital game))
Regarding claim 20, Benedetto teaches the limitations of claim 1 substantially as follows:
A non-transitory computer-readable medium comprising one or more computer-executable instructions that, when executed by at least one processor of a computing device, cause the computing device to: (Benedetto; Para(s). [0004]: a system includes at least one computer medium that is not a transitory signal and that includes instructions executable by at least one processor to determine that a first end-user entity has performed a task for which a first non-fungible token (NFT) is to be provided)
project a future amount of demand for NFTs based at least in part on gameplay information indicating a number of players currently eligible for an NFT; (Benedetto; Para(s). [0061]-[0062]: monitor not just a single end-user entity's gameplay but possibly to monitor multiple entities' gameplay as occurring in parallel across multiple execution instances of the same game as happening concurrently (i.e., based at least in part on gameplay information indicating a number of players currently eligible for an NFT); multiple potential NFTs may be minted in advance (i.e. projecting a future amount of demand for NFTs) so that one of those NFTs can ultimately be provided)
pre-mint additional NFTs until the pool is sufficient to meet the projected demand; (Benedetto; Para(s). [0062]: multiple potential NFTs may be minted in advance (i.e. pre-minting additional NFTs ) so that one of those NFTs can ultimately be provided (i.e. sufficient to meet the projected future demand))
receive, by a token management service, a request for at least one NFT; and (Benedetto; Para(s). [0067]: after performing an indicated event (i.e. request for at least one NFT) the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository)
provide, by the token management service, at least one pre-minted NFT from the pool in response to the request. (Benedetto; Para(s). [0067]: after performing an indicated event the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository (i.e. providing, by the token management service, the at least one pre-minted NFT in response to the request))
Benedetto does not teach the limitations of claim 20 as follows:
identify the number of pre-minted NFTs available in a pool;
However, in the same field of endeavor, Diesch discloses the limitations of claim 20 as follows:
identify the number of pre-minted NFTs available in a pool; (Diesch; [0862]: track the number of HPI tokens in the HPI Token Escrow Pool (i.e., identifying the number of pre-minted NFTs available in a pool) and mint, lock and transfer additional tokens to the pool as required)
Diesch is combinable with Benedetto because both are from the same field of endeavor of management of NFTs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Benedetto to incorporate monitoring a pool of tokens in order to determine minting of additional tokens as in Diesch in order to support supplementing supply of a pool of tokens according to a system’s need.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Benedetto (US 20230079127 A1), in view of Diesch (US 20220358576 A1), as applied to independent claims, in view of Mikulich (US 20230177921 A1).
Regarding claim 10, Benedetto and Diesch teach the limitations of claim 9.
Benedetto and Diesch do not teach the limitations of claim 10 as follows:
The computer-implemented method of claim 9, wherein the wallet comprises a custodial wallet managed by an administrator of the digital game system on behalf of the player.
However, in the same field of endeavor, Mikulich discloses the limitations of claim 10 as follows:
The computer-implemented method of claim 9, wherein the wallet comprises a custodial wallet managed by an administrator of the digital game system on behalf of the player. (Mikulich; Para(s). [0051]: the wallet software may implement a custodial wallet that is owned and maintained by a casino gaming entity for storing ownership information associated with casino charm NFTs. The use of a custodial wallets allows patrons to buy/sell/receive casino charm NFTs without using a personal crypto wallet (i.e. custodial wallet managed by an administrator of the digital game system on behalf of the player))
Mikulich is combinable with Benedetto and Diesch because all are from the same field of endeavor of management of NFTs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Benedetto and Diesch to incorporate custodial wallets as in Mikulich in order to allow users to buy/sell/receive gaming NFTs without using a personal crypto wallet (Mikulich; Para. [0051]).
Regarding claim 11, Benedetto, Diesch and Mikulich teach the limitations of claim 10.
Benedetto, Diesch and Mikulich teach the limitations of claim 11 as follows:
The computer-implemented method of claim 10, further comprising: identifying a vesting event that awards the player ongoing access to the at least one pre- minted NFT; and (Benedetto; Para(s). [0067]: after performing an indicated event the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository (i.e. identifying a vesting event that awards the player ongoing access to the at least one pre- minted NFT))
in response to identifying the vesting event, assigning the custodial wallet to the player. (Mikulich; Para(s). [0051]: the wallet software may implement a custodial wallet that is owned and maintained by a casino gaming entity for storing ownership information associated with casino charm NFTs. The use of a custodial wallets allows patrons to buy/sell/receive casino charm NFTs without using a personal crypto wallet (i.e. assigning the custodial wallet to the player))
The same motivation to combine as in claim 10 is applicable to the instant claim.
Regarding claim 12, Benedetto, Diesch and Mikulich teach the limitations of claim 11.
Benedetto, Diesch and Mikulich teach the limitations of claim 12 as follows:
The computer-implemented method of claim 11, wherein the vesting event comprises at least one of: the player registering an account within the digital game system; the player making a purchase within the digital game system; or a game event within the digital game. (Benedetto; Para(s). [0067]: after performing an indicated event the first NFT may be encrypted and sent over the open Internet or the CDN from above to the winning entity's client device or its remotely-located personal NFT repository (i.e. a game event within the digital game))
Prior Art Considered But Not Relied Upon
Baker (US 20230266930 A1) which teaches data included in an NFT which can be any work of authorship, including but not limited to digital artwork such as graphic art, a photograph, a three-dimensional (3D) model, a GIF or a video, in-game items and other digital assets purchased for use in a videogame or other virtual platform.
Anapliotis (US 20240202725 A1) which teaches NFTs representing video game assets which may be incorporated into a custodial wallet.
Conclusion
For the above-stated reasons, claims 1-20 are rejected.
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action.
THIS ACTION IS MADE FINAL. 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 extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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