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 .
Acknowledgements
This Office Action is in response to the amendment received on 10/31/2025.
Claims 1, 8 and 13 were amended.
Claims 1-20 are pending.
Claims 1-20 were examined.
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 18 and 19 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 18 is indefinite because it is unclear to one of ordinary skill in the art whether Applicants are claiming the subcombination of a “a device” or the combination of a “a device” and “a venue”. If it is Applicants’ intent to claim only the subcombination, the body of the claims must be amended to remove any positive recitation of the combination. If it is Applicants’ intent to claim the combination, the preamble of the claim must be amended to be consistent with the language in the body of the claim. For purposes of Examination, Examiner considers the scope set by the preamble of the claims. Examiner notes that, following this interpretation, the attempt to further limit the "venue" does not further limit aspects of the claimed "device". Dependent claim 19 is also rejected since it depends on claim 18.
Claim 19 is indefinite because it is unclear to one of ordinary skill in the art whether Applicants are claiming the subcombination of a “a device” or the combination of a “a device” and “a portion of a venue”. If it is Applicants’ intent to claim only the subcombination, the body of the claims must be amended to remove any positive recitation of the combination. If it is Applicants’ intent to claim the combination, the preamble of the claim must be amended to be consistent with the language in the body of the claim. For purposes of Examination, Examiner considers the scope set by the preamble of the claims. Examiner notes that, following this interpretation, the attempt to further limit the "portion of a venue" does not further limit aspects of the claimed "device".
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al. (US 2022/0366762 A1) in view of Bastawros et al. (US 2014/0277627 A1), and in view of Irwin, JR. et al, hereinafter “Irwin”.
With respect to claims 1, 8 and 13, Nelson et al. teach a non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions, that when executed by a processor associated with a device, performs a method; a device comprising: a processor (see paragraph [0121]: “Aspects of the present disclosure are described herein with reference to flowchart illustrations and/or block diagrams of methods, apparatuses (systems) and computer program products according to embodiments of the disclosure. It will be understood that each block of the flowchart illustrations and/or block diagrams, and combinations of blocks in the flowchart illustrations and/or block diagrams, can be implemented by computer program instructions. These computer program instructions may be provided to a processor of a general purpose computer, special purpose computer, or other programmable data processing apparatus to produce a machine, such that the instructions, which execute via the processor of the computer or other programmable instruction execution apparatus, create a mechanism for implementing the functions/acts specified in the flowchart and/or block diagram block or blocks.”;); and a method (Non-fungible tokens in gaming) comprising:
identifying, by a device, a user participating in play at a venue, the play of the user corresponds to a competition involving at least a portion of the venue (see paragraph [0002]: “In various embodiments, the systems and methods of the present disclosure utilize non-fungible tokens in association with one or more games of chance, one or more games of skill, and/or one or more sporting events.”; paragraph [0028]: “It should be further appreciated that while illustrated as a play of a slot game, the system of the present disclosure may cause the creation of a non-fungible token in association with any suitable live sporting event, historic sporting event (e.g., a prerecorded sporting event), recreated sporting event (e.g., an animated representation of a historic sporting event), simulated sporting event (e.g., a sporting event created from different parts of different historical sporting events wherein zero, one or more results of such a simulated sporting event are randomly determined) and/or electronic sporting event (e.g., a virtual or electronic sport event played by humans, by computer driven participants or by a mix of human and computer driven participants) of any suitable sport at any professional and/or amateur level including, but not limited to, football, basketball, baseball, boxing, horse racing, wrestling, mixed martial arts, golf, cricket, soccer, hockey, field hockey, tennis, volleyball, table tennis, rugby, swimming, diving, archery, cycling, billiards, fishing, gymnastics, hunting, track and field, sailing, and/or car racing.”; paragraph [0179]: “In certain such embodiments, the one or more servers must identify the player before enabling game play on the personal gaming device (or, in some embodiments, before enabling monetary wager-based game play on the personal gaming device). In these embodiments, the player must identify herself to the one or more servers, such as by inputting the player's unique username and password combination, providing an input to a biometric sensor (e.g., a fingerprint sensor, a retinal sensor, a voice sensor, or a facial-recognition sensor), or providing any other suitable information.”);
allocating, by the device, a value of cryptocurrency to a digital wallet of the user (see paragraph [0023]: “In certain other embodiments, the play of the game is implemented as a game of chance (and/or a game of skill) playable in a gaming environment, such as a play of an EGM at a land-based casino, which employs currency in the form of monetary credits (which can be redeemed for monetary value). In certain such embodiments, the game of chance (and/or game of skill) requires the player to place a monetary wager to activate the game of chance.”; paragraph [0058]: “In certain other embodiments wherein a created non-fungible token is associated with a key of the gaming establishment host system, the system requires the player to validate their identity online with the gaming establishment host system. This validation could include the player logging into a gaming establishment mobile application (or a gaming establishment website) and correctly entering information associated with an account (e.g., correctly entering an assigned player identification, a personal identification number, an email address, and/or a password) and/or validating that they own an associated email address and/or mobile phone number. In these embodiments, once the player's identity has been validated, the player could then enter a wallet address on the blockchain to transfer the non-fungible token to.”; paragraph [0023]: “In certain other embodiments, the play of the game is implemented as a game of chance (and/or a game of skill) playable in a gaming environment, such as a play of an EGM at a land-based casino, which employs currency in the form of monetary credits (which can be redeemed for monetary value). In certain such embodiments, the game of chance (and/or game of skill) requires the player to place a monetary wager to activate the game of chance.”; paragraph [0026]: “In certain embodiments, in addition to (or alternative from) the creation of any non-fungible tokens associated with the play of the game, the system determines and displays any award associated with the determined game outcome which is independent of any non-fungible tokens as indicated in blocks 108 and 110. That is, separate from a determination that zero, one or more non-fungible token will or will not be created (and will or will not be subsequently distributed) in association with the determined game outcome (either via the determined game outcome being or not being associated with any non-fungible token creation event or the player electing not to have any awards in the form of non-fungible tokens), the system determines and displays any award associated with the determined game outcome. For example, as seen in FIG. 2B, responsive to the generation of cherry symbols at each of the symbol display positions, the system determines and displays an award of $10,000. In certain embodiments, such an award includes any suitable award, such as a quantity of monetary credits, a quantity of non-monetary credits, a quantity of promotional credits, a quantity of player tracking points, a progressive award, a modifier, such as a multiplier, a quantity of free plays of one or more games, a quantity of plays of one or more secondary or bonus games, a multiplier of a quantity of free plays of a game, one or more lottery based awards, such as lottery or drawing tickets, a wager match for one or more plays of one or more games, an increase in the average expected payback percentage for one or more plays of one or more games, one or more comps, such as a free meal at a buffet, a free night's stay at a hotel, an upgrade for a stay at a hotel, tickets to a show, a high value product such as a car, or a low value product, one or more bonus credits usable for online play, a lump sum of player tracking points or credits, a multiplier for player tracking points or credits, an increase in a membership or player tracking level, one or more coupons or promotions usable within and/or outside of the gaming establishment (e.g., a $10 off coupon for a show), virtual goods associated with one or more gaming establishment components, and/or virtual goods not associated with any gaming establishment components.”; paragraph [0060]: “In certain embodiments, upon an occurrence a non-fungible token distribution event, the system utilizes one or more machine-readable codes to facilitate the transfer, in the blockchain, of the non-fungible token to an address associated with the player. In these embodiments, once a player's identity has been validated (via the use of a mobile device application and/or a physical instrument, such as a player tracking card, associated with the player), the gaming establishment host system utilizes one or more machine readable codes, such as a QR code, as the non-fungible token delivery mechanism. For example, the EGM (or a display device associated with a component of the EGM, such as a display device associated with a slot machine interface board) displays a QR code that, when scanned by the player using a mobile device, takes the player to a non-fungible token website (or launches a non-fungible token mobile device application and/or a gaming establishment mobile device application) where the player enters their crypto wallet address and information to transfer the non-fungible token to the player's ownership. In another example, the EGM produces a ticket that, when scanned by a player using a mobile device or kiosk, takes the player to a non-fungible token website (or launches a non-fungible token mobile device application and/or a gaming establishment mobile device application) where the player enters their crypto wallet address and information to transfer the non-fungible token to the player's ownership.”; paragraph [0132]: “In certain embodiments, rather than dispensing bills, coins, or a physical ticket having a monetary value to the player following receipt of an actuation of the cashout device, the payout device is configured to cause a payment to be provided to the player in the form of an electronic funds transfer, such as via a direct deposit into a bank account, a casino account, or a prepaid account of the player; via a transfer of funds onto an electronically recordable identification card or smart card of the player; or via sending a virtual ticket having a monetary value to an electronic device of the player.”);
creating, by the device, a smart contract for the user and the venue, the smart contract corresponding at least to the competition (see paragraph [0050]: “In certain embodiments wherein the employed distributed ledger technology utilizes blockchain technology, one or more non-fungible tokens are implemented in a blockchain, such as Ethereum. In these embodiments, the non-fungible token is either stored directly in the blockchain (e.g., using a smart contract that follows the ERC-721 standard) or a reference to the non-fungible token (e.g., a URL to the non-fungible token) is stored in the blockchain. In certain embodiments, various information associated with the created non-fungible token is indicated in the blockchain. In certain such embodiments, the information stored in the blockchain includes the owner of the non-fungible token, a URL associated with the non-fungible token, a history of the non-fungible token, the digital content associated with the non-fungible token, and/or data associated with the non-fungible token (e.g., the date and time of an event the non-fungible token represents). In other such embodiments, the information stored in the blockchain additionally (or alternatively) includes a state of the non-fungible token. In one such embodiment, the state of the non-fungible token relates to a redemption state wherein when the non-fungible token is first created, the non-fungible token is not redeemed, but later the state changes to redeemed after the owner of the non-fungible token invokes a behavior associated with the non-fungible token. For example, if a created coupon non-fungible token (as described in more detail below) is usable for a play of a game, then the state of the token might change from fungible to non-fungible based on use (i.e., until the token is used, the token is non-fungible but after the coupon is used to play a game, the coupon becomes fungible because it is no longer unique in value, but rather the same as all redeemed coupons).”);
identifying, by the device, a video file associated with the play of the user, the video file comprising digital content recorded in connection with at least the portion of the venue; (see paragraph [0038]: “In various embodiments, the non-fungible token created as part of the award includes digital content generated in association with the player's gaming experience, digital content generated in association with a player's non-gaming experience, and/or player generated digital content (e.g., digital content generated by the player and/or content saved in association with the player's gaming establishment account). In these embodiments, the non-fungible token includes one or more digital content components in one or more media formats. In such embodiments, the digital content components includes one or more of: still images (e.g., a screen capture of an outcome of a play of a game or a picture of a player holding a check associated with a progressive award win), video clips (e.g., a video recording of a play of a game or a video clip the player previously uploaded), sound clips (e.g., a player's verbal reaction to a play of a game), audio-video clips, text (e.g., a meme the player previously uploaded), social media site information (e.g. a URL of a social media site), transaction information (e.g., a wager amount and win amount), location information, application usage information, non-fungible token service information and statistics, and/or biometric information.”; paragraph [0039]: “In certain embodiments, the digital content components are combinable with contextual information, such as information about the person, place and time, and then formatted to assist in the creation of the non-fungible token. For example, if a player obtains a royal flush outcome during a play of a poker game and the system determines that the occurrence of this royal flush outcome warrants the creation of a non-fungible token, in the creation of the non-fungible token, the system utilizes a screen capture or video of the player hitting the royal flush outcome (taken from the EGM screen and/or using surveillance video around the EGM), wherein the video or images are overlaid with other details of the event, such as the wager amount placed, the game theme, the player name, gaming establishment name, the gaming establishment address, and/or the date/time when the royal flush outcome was obtained.”);
analyzing, by the device, the video file, and determining, based on the analysis, motion characteristics of the user (see one or more bodily motion trackers such as motion sensing devices for human-computer interaction, paragraph [0024]: “It should be appreciated that when the game is implemented as a game of skill, the system enables a player to make one or more quantifiable skill inputs to manipulate, influence or otherwise control one or more aspects of the game of skill (and thus influence or otherwise affect the outcome of the game of skill). In these embodiments, a player's skill is determined and quantified by one or more inputs (or the lack of any inputs) by the player that tend to measure one or more aspects of the player's skill. For example, skill includes utilizing one or more skill input devices to exhibit: (i) physical skill, such as, but not limited to: timing, aim, physical strength or any combination thereof which is quantifiable by zero, one or more inputs made by the player in association with the game of skill; (ii) mental skill (i.e., knowledge, reasoning, and/or strategy) which is quantifiable by one or more inputs made by the player (or the lack of any inputs made by the player) in association with the game of skill; and (iii) any other type of skill which is quantifiable by one or more inputs made by the player (or the lack of any inputs made by the player) in association with the game of skill. Such skill input devices include, but are not limited to: joysticks, buttons, a mouse or a plurality of mice, one or more trackballs, one or more pointing devices, a personal gaming device, such as a mobile device, one or more bodily motion trackers such as motion sensing devices for human-computer interaction, touchpads, touchscreens, one or more controllers with: (1) one or more motion sensing devices, (2) one or more proximity sensing devices, (3) one or more force sensing devices (transducers), (4) one or more accelerometers, or any other suitable skill input devices.”);
determining, by the device, a result of the user's play in connection with the competition… (see paragraph [0025]: “Following the initiation of the play of the game, for the play of the game, the system determines and displays a game outcome as indicated in blocks 104 and 106 of FIG. 1... In certain embodiments wherein the game is a game of skill, the system determines the game outcomes based on zero, one or more skill-based inputs made (or not made) in association with the play of the game of skill.”);
determining, by the device, a ranking of a set of users that includes the user... (see paragraph [0175]: “In various embodiments in which the system includes a plurality of EGMs, the EGMs are configured to communicate with one another to provide a group gaming environment. In certain such embodiments, the EGMs enable players of those EGMs to work in conjunction with one another, such as by enabling the players to play together as a team or group, to win one or more awards. In other such embodiments, the EGMs enable players of those EGMs to compete against one another for one or more awards. In one such embodiment, the EGMs enable the players of those EGMs to participate in one or more gaming tournaments for one or more awards.”);
identifying, by the device, a winning user of the competition based on the ranking (see paragraph [0175]: “In various embodiments in which the system includes a plurality of EGMs, the EGMs are configured to communicate with one another to provide a group gaming environment. In certain such embodiments, the EGMs enable players of those EGMs to work in conjunction with one another, such as by enabling the players to play together as a team or group, to win one or more awards. In other such embodiments, the EGMs enable players of those EGMs to compete against one another for one or more awards. In one such embodiment, the EGMs enable the players of those EGMs to participate in one or more gaming tournaments for one or more awards.”); and
automatically, by the device, without user input, issuing a set of cryptocurrency to a digital wallet of the winning user (see paragraph [0026]: “…. For example, as seen in FIG. 2B, responsive to the generation of cherry symbols at each of the symbol display positions, the system determines and displays an award of $10,000. In certain embodiments, such an award includes any suitable award, such as a quantity of monetary credits, a quantity of non-monetary credits, a quantity of promotional credits, a quantity of player tracking points, a progressive award, a modifier, such as …a lump sum of player tracking points or credits, a multiplier for player tracking points or credits, an increase in a membership or player tracking level, one or more coupons or promotions usable within and/or outside of the gaming establishment (e.g., a $10 off coupon for a show), virtual goods associated with one or more gaming establishment components, and/or virtual goods not associated with any gaming establishment components.”; paragraph [0045]: “In certain embodiments, the non-fungible token creation event occurs based on any event or series of events associated with the player's gaming experience, such as one or more plays of any game of chance, one or more plays of any game of skill, one or more plays of a lottery game or one or more sporting event wagers placed. In these embodiments, a non-fungible token creation event occurs in association with an achievement reached by the player, such as obtaining certain awards or completing certain gaming activities associated with one or more gaming establishments...”).
Although Nelson et al. disclose the creation of a non-fungible token in association with any suitable sport at any professional and/or amateur level including golf (see paragraph [0028]), Nelson et al. do not explicitly disclose a method, medium and device comprising: determining… a result… and determining… a ranking are "based on each user's motions characteristics"; and “the set of cryptocurrency being different for the user participating in play at the venue and another user not participating in play at the venue”.
However, Bastawros et al. disclose a method, medium and device (Golf game management and entertainment system integrating pre-game, in-game, and post-game content for enhanced golfing experience) comprising:
determining… a result… and determining… a ranking are "based on each user's motions characteristics" (see paragraph [0011]: “Accordingly, in one aspect, the present invention is a method of conducting golf game management to provide an enhanced golf experience, comprising receiving a signal transmitted from a first local point to begin a data collection sequence, and data from a global positioning device at the first local point, over at least one wireless connection a location proximate to the first local point; recording, at the location proximate to the first local point, a plurality of data relating to a golf shot during the data collection sequence, the plurality of data including a first video of a player conducting the golf shot on a golf course, and a second video of the golf shot at a second point distant from the location proximate to the first local point, the recording including configuring at least one of a pan, tilt, and zoom function determined by the data received from the global positioning device; processing game-related data extracted from the plurality of data relating to the golf shot with golf course data in a geographic information system, and periodically integrating the plurality of game-related data as additional data is collected from additional data collection sequences, in a plurality of data manipulation modules to generate output data representative of different characteristics of a golf game to be viewed and manipulated to enhance the golf game by one or more players, the output data representative of different characteristics of a golf game at least including a golf game scorecard, a real-time golf game leader board tracking game statistics, player statistics, player rankings, a layered course map, a plurality of video playback functions, and a player's shot statistics; and presenting the output data representative of different characteristics of a golf game to a user interface accessible by one or more players in at least one of a cart-based graphical user interface, a web-site managed by a remote web server, and a mobile application.”; paragraph [0012]: “In another aspect, the present invention is a golf entertainment system, comprising a plurality of golf cart-based components configured to locally manage one or more aspects of an in-progress golf game, at least including a data capture apparatus having a plurality of video cameras, a global positioning device, a wireless data transmission and reception connection, a graphical user interface, and one or more processors capable of manipulating and transmitting data captured by the data capture apparatus, and executing one or more instructions configured to perform a plurality of data processing functions to process game data collected by the data capture apparatus and generate output data representative of different characteristics of the in-progress golf game… wherein the plurality of data processing function to process the game data and generate output data representative of different characteristics of a golf game are performed by one or more of a game card module configured to generate at least a real-time golf game scorecard, a game board module configured to generate a three-dimensional aerial rendering of a golf course and individual golf holes to form the layered course map, a swing capture module configured to enable a player to record video of golf shots during a golf game using the plurality of video cameras, a leader board module configured to compare and rank players based on game statistics at least including driving distance, fairways and greens hit, and putting accuracy, a shot advisor module configured to generate recommendations for how to conduct a particular golf shot based on compiled shot statistics of a player and current course conditions, a player history module configure to store at least player shot statistics, videos, and descriptions of golf games conducted, a sports book module configured to enable placing of wagers during the golf game, and a play-a-pro module configured to enable a player to conduct a virtual game against one or more other players with data collected during previous data collection sequences or stored in the one or more database locations.”; paragraph [0034]: “The present invention continuously updates scoring after shots are taken by wirelessly transmitting shot data to the at least one database 150 for calculation of a new score once the shot data has been processed within the Game Card feature. Once the score is calculated, the scorecard for the game is adjusted, updated, and transmitted to the one or more players playing the game from the at least one relational database 150 in the remote server-based framework in a hub-and-spoke manner. The Game Card feature therefore generates output data relative to scorecard functionality, and this output data is displayed on the graphical user interface as a golf game scorecard. In other words, when the computer-based data processing components 130 on the golf cart refresh, they pull fresh game data from the at least one relational database 150 in the remote server-based framework so that the database 150 is the central or focal point for the game time functionality of the present invention.”; paragraph [0035]: “Data relative to a particular golf shot is collected by the video cameras 122, which have the ability to pan, tilt, and zoom depending on data indicated by the player's global positioning device 114. At least one camera 122 is configured to record the player's shot from the point the ball is struck, and at least one camera 122 may be configured to record the player's shot as it travels through the air and lands. The cameras 122 may be configured to record a shot being taken in a number of ways--regardless, it is to be understood that vector data regarding a shot is to be derived from both the video recorded and the global positioning data, so that scoring information and other data can be presented to the players for viewing and manipulation in other data processing modules as discussed herein.”; paragraph [0038]: “Another processing function 145 provides a "Leader Board" feature that compares and ranks players using a variety of game statistics. Game statistics used for comparing and ranking may include driving distance, fairways hit, greens hit, and putting accuracy. The Leader Board is presented during a game on the graphical user interface and is updated in real-time after each shot is taken by a player. The Leader Board feature may include the ability to alert players when changes in rank take place and identifies the number of positions in the rankings that a player has moved...”; ).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the real-time scorecard functionality / leader board module based on game data collected by a data capture apparatus as disclosed by Bastawros et al. in the method, medium and device of Nelson et al., the motivation being to compare and rank players based on game statistics (see Bastawros et al., paragraphs [0012] and [0013]).
The combination of Nelson et al. and Bastawros et al. does not explicitly disclose the language “the set of cryptocurrency being different for the user participating in play at the venue and another user not participating in play at the venue”. This language, however, is directed to non-functional descriptive material, as it merely describes “the set of cryptocurrency”. Therefore, this language is insufficient to differentiate the claimed subject matter from Nelson et al. and Bastawros et al. However, for compact prosecution purposes, Irwin teaches a method, medium and device further comprising:
the set of cryptocurrency being different for the user participating in play at the venue and another user not participating in play at the venue (see prize fund made in cryptocurrency, paragraphs [0058]-[0061]. Examiner notes that, by definition, the set of cryptocurrency awarded to each individual user is, by definition, “different” than any other set of cryptocurrency, as the prize is funded by constructing and awarding a “winning wallet”. One of ordinary skill in the art would reasonably determine that distinct wallets necessarily carry a “different” set of cryptocurrency, as the encryption mechanisms would prevent issuing the same set of cryptocurrency to two distinct wallets).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Winning Wallet mechanisms as disclosed by Irwin in the method, medium and device of Nelson et al. and Bastawros et al., the motivation being to avoid the volatility associated impact to the venue’s prize funds (see Irwin, paragraph [0011].
With respect to claims 2, 9 and 14, the combination of Nelson et al., Bastawros et al. and Irwin teaches all the subject matter of the method, medium and device as described above with respect to claims 1, 8 and 13. Furthermore, Nelson et al. disclose a method, medium and device further comprising: creating, based on the identified video file, a NFT file (see paragraph [0038]: “In various embodiments, the non-fungible token created as part of the award includes digital content generated in association with the player's gaming experience, digital content generated in association with a player's non-gaming experience, and/or player generated digital content (e.g., digital content generated by the player and/or content saved in association with the player's gaming establishment account). In these embodiments, the non-fungible token includes one or more digital content components in one or more media formats. In such embodiments, the digital content components includes one or more of: still images (e.g., a screen capture of an outcome of a play of a game or a picture of a player holding a check associated with a progressive award win), video clips (e.g., a video recording of a play of a game or a video clip the player previously uploaded), sound clips (e.g., a player's verbal reaction to a play of a game), audio-video clips, text (e.g., a meme the player previously uploaded), social media site information (e.g. a URL of a social media site), transaction information (e.g., a wager amount and win amount), location information, application usage information, non-fungible token service information and statistics, and/or biometric information.”;). The motivation for combining the references remain unaltered from the motivation described above in conjunction with the rejection of the independent claims.
With respect to claims 3, 10 and 15, the combination of Nelson et al., Bastawros et al. and Irwin teaches all the subject matter of the method, medium and device as described above with respect to claims 2, 9 and 14. Furthermore, Nelson et al. disclose a method, medium and device further comprising: automatically transmitting the NFT file to the digital wallet of the user when the user is the winning user (see paragraph [0060]: “In certain embodiments, upon an occurrence a non-fungible token distribution event, the system utilizes one or more machine-readable codes to facilitate the transfer, in the blockchain, of the non-fungible token to an address associated with the player. In these embodiments, once a player's identity has been validated (via the use of a mobile device application and/or a physical instrument, such as a player tracking card, associated with the player), the gaming establishment host system utilizes one or more machine readable codes, such as a QR code, as the non-fungible token delivery mechanism. For example, the EGM (or a display device associated with a component of the EGM, such as a display device associated with a slot machine interface board) displays a QR code that, when scanned by the player using a mobile device, takes the player to a non-fungible token website (or launches a non-fungible token mobile device application and/or a gaming establishment mobile device application) where the player enters their crypto wallet address and information to transfer the non-fungible token to the player's ownership. In another example, the EGM produces a ticket that, when scanned by a player using a mobile device or kiosk, takes the player to a non-fungible token website (or launches a non-fungible token mobile device application and/or a gaming establishment mobile device application) where the player enters their crypto wallet address and information to transfer the non-fungible token to the player's ownership.”;). Regarding the BRI of the claims, Examiner notes that claims 3, 10 and 15 recite “automatically transmitting the NFT file to the digital wallet of the user when the user is the winning user.” The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. The motivation for combining the references remain unaltered from the motivation described above in conjunction with the rejection of the independent claims.
With respect to claims 4, 11 and 16, the combination of Nelson et al., Bastawros et al. and Irwin teaches all the subject matter of the method, medium and device as described above with respect to claims 2, 9 and 14. Furthermore, Nelson et al. disclose a method, medium and device further comprising: hosting, over a network, the created NFT file on a NFT marketplace (see secondary market, paragraph [0065]: " It should be appreciated that in these embodiments, since the value of the non-fungible token is determined in the future (i.e., when one or more of the non-fungible tokens are selected as being associated with winning the award), a secondary market exists for the non-fungible tokens wherein such non-fungible tokens may be traded or sold (and the corresponding change in ownership is written in the blockchain). For example, a player wagers on a sports game and wins $100 plus 1 non-fungible token having a value determined in the future, such as in one week. In this example, the player can then trade or sell the non-fungible token online.”). The motivation for combining the references remain unaltered from the motivation described above in conjunction with the rejection of the independent claims.
With respect to claims 5A, 12 and 17, the combination of Nelson et al., Bastawros et al. and Irwin teaches all the subject matter of the method, medium and device as described above with respect to claims 1, 8 and 13. Furthermore, Nelson et al. disclose a method, medium and device further comprising: converting the set of cryptocurrency to an alternative format, wherein the issuance by the device comprises storing the alternative format in the digital wallet of the user (see paragraph [0023]: “In certain other embodiments, the play of the game is implemented as a game of chance (and/or a game of skill) playable in a gaming environment, such as a play of an EGM at a land-based casino, which employs currency in the form of monetary credits (which can be redeemed for monetary value). In certain such embodiments, the game of chance (and/or game of skill) requires the player to place a monetary wager to activate the game of chance.”; paragraph [0034]: “In certain embodiments, the system enables the player (and/or the system operator) to select if they prefer part or all of one or more awards in the form of non-fungible tokens. In one such embodiment, the system enables the player (and/or the system operator) to make one or more inputs to utilize a paytable wherein certain awards associated with certain game outcomes of the paytable are monetary awards and certain awards associated with certain game outcomes of the paytable take the form of non-fungible tokens. In another such embodiment, the system enables the player (and/or the system operator) to make one or more inputs to utilize a paytable wherein certain awards associated with certain game outcomes of the paytable may take the form of monetary awards, non-fungible tokens, or a combination of partial monetary award/partial non-fungible token. In another such embodiment, the system enables the player (and/or the system operator) to make one or more inputs to utilize a paytable wherein each of the awards associated with each of the game outcomes of the paytable take the form of non-fungible tokens.”; paragraph [0035]: “In certain embodiments, the player (and/or the system operator) inputs regarding one or more non-fungible tokens occurs prior to the play of the game, such as following receipt of an input from a player (and/or a system operator) to configure the form and type of one or more awards which may be provided to the player for a subsequent play of the game. In one embodiment, a non-fungible token feature is activated responsive to a player logging into the system (either from an EGM or remote from the EGM, such as a player logging into the system using a mobile device application associated with a gaming establishment) and configuring a player account that the player prefers to win non-fungible tokens. In another embodiment, a non-fungible token feature is activated responsive to one or more inputs made by the player (and/or the system operator) prior to a gaming session to indicate that the player (and/or the system operator) prefer wins in the form of non-fungible tokens..."; paragraph [0056]: “On the other hand, if the system determines that a non-fungible token distribution event occurred, the system causes a transfer of the non-fungible token to occur in the blockchain as indicted in block 118. That is, upon an occurrence of a non-fungible token distribution event, the gaming establishment host system operates to transfer the non-fungible token from being owned, in the blockchain, by the gaming establishment host system to being owned, in the blockchain, by a crypto wallet associated with the player.”; paragraph [0071]: “In certain embodiments, the determined benefit includes a monetary award, such as a progressive award. In one such embodiment, the amount of the monetary award is based on the activity which occurred, wherein different activities are associated with different monetary awards. In another such embodiment, the amount of the monetary award is additionally or alternatively based on an identification of the player, such as based on a player tracking status of the player, wherein different player tracking statues are associated with different monetary awards for the same or similar activities. In another such embodiment, the amount of the monetary award is additionally or alternatively associated with a duration in which the activity occurred, wherein different durations are associated with different monetary awards.”; paragraph [0132]: “In certain embodiments, rather than dispensing bills, coins, or a physical ticket having a monetary value to the player following receipt of an actuation of the cashout device, the payout device is configured to cause a payment to be provided to the player in the form of an electronic funds transfer, such as via a direct deposit into a bank account, a casino account, or a prepaid account of the player; via a transfer of funds onto an electronically recordable identification card or smart card of the player; or via sending a virtual ticket having a monetary value to an electronic device of the player.”; paragraph [0133]: “While any credit balances, any wagers, any values, and any awards are described herein as amounts of monetary credits or currency, one or more of such credit balances, such wagers, such values, and such awards may be for non-monetary credits, promotional credits, of player tracking points or credits.”). The motivation for combining the references remain unaltered from the motivation described above in conjunction with the rejection of the independent claims.
With respect to claims 5B and 18, the combination of Nelson et al., Bastawros et al. and Irwin teaches all the subject matter of the method and device as described above with respect to claims 1 and 13. Furthermore, Bastawros et al. disclose a method and device wherein the venue is a golf course (see paragraph [0011]: “Accordingly, in one aspect, the present invention is a method of conducting golf game management to provide an enhanced golf experience, comprising receiving a signal transmitted from a first local point to begin a data collection sequence, and data from a global positioning device at the first local point, over at least one wireless connection a location proximate to the first local point; recording, at the location proximate to the first local point, a plurality of data relating to a golf shot during the data collection sequence, the plurality of data including a first video of a player conducting the golf shot on a golf course, and a second video of the golf shot at a second point distant from the location proximate to the first local point, the recording including configuring at least one of a pan, tilt, and zoom function determined by the data received from the global positioning device; processing game-related data extracted from the plurality of data relating to the golf shot with golf course data in a geographic information system, and periodically integrating the plurality of game-related data as additional data is collected from additional data collection sequences, in a plurality of data manipulation modules to generate output data representative of different characteristics of a golf game to be viewed and manipulated to enhance the golf game by one or more players, the output data representative of different characteristics of a golf game at least including a golf game scorecard, a real-time golf game leader board tracking game statistics, player statistics, player rankings, a layered course map, a plurality of video playback functions, and a player's shot statistics; and presenting the output data representative of different characteristics of a golf game to a user interface accessible by one or more players in at least one of a cart-based graphical user interface, a web-site managed by a remote web server, and a mobile application.”). Regarding the BRI of the claims, Examiner notes that claim 5B is a method claim and recites “wherein the venue is a golf course...”, language directed to not positively recited method steps. The motivation for combining the references remain unaltered from the motivation described above in conjunction with the rejection of the independent claims.
With respect to claims 6 and 19, the combination of Nelson et al., Bastawros et al. and Irwin teaches all the subject matter of the method and device as described above with respect to claims 5B and 18. Furthermore, Bastawros et al. disclose a method and device wherein the portion of the venue corresponds to at least one hole of the golf course (see paragraph [0011]: “Accordingly, in one aspect, the present invention is a method of conducting golf game management to provide an enhanced golf experience, comprising receiving a signal transmitted from a first local point to begin a data collection sequence, and data from a global positioning device at the first local point, over at least one wireless connection a location proximate to the first local point; recording, at the location proximate to the first local point, a plurality of data relating to a golf shot during the data collection sequence, the plurality of data including a first video of a player conducting the golf shot on a golf course, and a second video of the golf shot at a second point distant from the location proximate to the first local point, the recording including configuring at least one of a pan, tilt, and zoom function determined by the data received from the global positioning device; processing game-related data extracted from the plurality of data relating to the golf shot with golf course data in a geographic information system, and periodically integrating the plurality of game-related data as additional data is collected from additional data collection sequences, in a plurality of data manipulation modules to generate output data representative of different characteristics of a golf game to be viewed and manipulated to enhance the golf game by one or more players, the output data representative of different characteristics of a golf game at least including a golf game scorecard, a real-time golf game leader board tracking game statistics, player statistics, player rankings, a layered course map, a plurality of video playback functions, and a player's shot statistics; and presenting the output data representative of different characteristics of a golf game to a user interface accessible by one or more players in at least one of a cart-based graphical user interface, a web-site managed by a remote web server, and a mobile application.”). Regarding the BRI of the claims, Examiner notes that claim 6 is a method claim and recites “wherein the portion of the venue