DETAILED ACTION
Acknowledgements
This Non-Final Office Action is in reply to Applicant’s original application filed June 18, 2024.
Claims 1-20 are currently pending.
Claims 1-20 have been 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 .
Claim Rejections - 35 U.S.C. § 101
35 U.S.C. § 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Each of claims 1-20 falls within one of the four statutory categories. Each of claims 5-12 falls within the category of process and each of claims 1-4, 13-20 falls within the category of machine.
Step 2A – Prong 1
Exemplary claim 1 is directed to an abstract idea of rules of conducting a wagering game. The abstract idea is set forth or described by the following bolded limitations:
A system comprising:
one or more processors; and
a non-transitory memory storing processor-executable instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
receiving, from a first user device, a first wager placed in association with a first game theme, the first wager corresponding to an amount of cryptocurrency associated with a digital wallet of a first user of the first user device;
interacting with, based at least in part on the first wager and a set of rules associated with the first game theme, a published smart contract stored on a node of a blockchain network, the set of rules indicating how return amounts are to be determined;
determining, prior to completion of game execution of the first game theme, a return amount based at least in part on terms defined by the published smart contract, wherein the terms comprise:
sending a request for a random value to an offchain random oracle, the request for the random value associated with a first request identifier;
receiving, from the offchain random oracle, a random value associated with the first request identifier;
determining, based at least in part on mapping the random value to a function of return possibilities, a return multiplier; and
determining, based at least in part on the return multiplier and the first wager, the return amount;
causing, based at least in part on the first game theme, rendering of a first set of visual characteristics including at least the return amount on the first user device, wherein causing rendering of the first set of visual characteristics occurs offchain such that memory use by the blockchain network is reduced; and
updating, based at least in part on the return amount, a cryptocurrency balance associated with the digital wallet of the first user of the first user device.
The bolded limitations above represent certain methods of organizing human activity. Specifically, they are a method of executing a chance-based wagering game. They include receiving a wager, a set of rules for the game, determining winnings based on a random value, informing players of their winnings, and distributing winnings.
Step 2A – Prong 2
Claim 1 does not include additional elements (when considered individually, as an ordered combination, and/or within the claim as a whole) that are sufficient to integrate the abstract idea into a practical application. The additional elements are represented by the above italicized limitations.
The first set of additional elements is the processors, a non-transitory memory storing processor-executable instructions, a first user device, and wherein causing rendering of the first set of visual characteristics occurs offchain such that memory use by the blockchain network is reduced. These elements merely link the abstract idea to a computer environment, since they are generic computing hardware used for executing the wagering game.
The second set of additional elements is interacting with… a published smart contract stored on a node of a blockchain network, a digital wallet, and an offchain random oracle. These elements merely link the abstract idea to a blockchain environment at a high level by using a smart contract to perform the game computation and cryptocurrency as the wagering currency.
Step 2B
Claim 1 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section.
Dependent Claims 2-4
Dependent claims 2-4 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 2-4 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
Claim 2 recites:
The system of claim 1, the operations further comprising:
receiving, from a second user device, a second wager placed in associated with a second game theme different than the first game theme, the second wager corresponding to an amount of cryptocurrency associated with a second digital wallet of a second user of the second user device;
interacting with, based at least in part on the second wager and a second set of rules associated with the second game theme, a second published smart contract stored on a second node of the blockchain network, the second set of rules indicating how return amounts are to be determined;
determining, prior to completion of game execution of the second game theme, a second return amount based at least part on second terms defined by the second published smart contract wherein the second terms comprise:
sending a second request for a second random value to the offchain random oracle, the second request for the second random value associated with a second request identifier different than the first request identifier;
receiving, from the offchain random oracle, a second random value associated with the second request identifier;
determining, based at least in part on mapping the second random value to a second function of return possibilities, a second return multiplier; and
determining, based at least in part on the second return multiplier and the second wager, the second return amount;
causing, based at least in part on the second return amount and the second game theme, rendering of a second set of visual characteristics different than the first set of visual characteristics including at least the second return amount on the second user device, wherein causing rendering of the second set of visual characteristics occurs offchain such that memory use by the blockchain network is reduced; and
updating, based at least in part on the second return amount, a second cryptocurrency balance associated with the second digital wallet of the second user of the second user device.
The analysis of claim 2 is exactly the same as claim 1.
Claim 3 recites:
The system of claim 1, the operations further comprising associating a wallet address associated with the first user device with the first game theme.
This is an additional element which merely links the wagering game to a blockchain environment at a high level by associating a wallet address with the wager.
Claim 4 recites:
The system of claim 1, wherein the terms defined by the published smart contract are based at least in part on parsing the set of rules associated with the first game theme to remove data unnecessary for determination of the return amount, the operations further comprising sending the terms defined by the published smart contract to a second node of the blockchain network for execution.
How the terms are created is not given patentable weight because creating them is not a function of the claimed system. Sending the smart contract to a node of the blockchain is an additional element which merely links the wagering game to a blockchain environment at a high level. Sending a smart contract to nodes of a blockchain is already a standard feature of a smart contract running on a blockchain, and therefore this limitation is not adding anything beyond the smart contract itself.
Claims 5, 6, 9, 13, 14
Claims 5, 6, 9, 13, 14 contain language similar to claims 1-4 as discussed in the preceding paragraphs, and for reasons similar to those discussed above, claims 5, 6, 9, 13, 14 are also rejected under 35 U.S.C. § 101.
Claims 7, 8, 10-12
Claims 7, 8, 10-12 depend from claim 5 and contain further limitations.
Claim 7 recites:
The method of claim 5, further comprising associating a wallet address associated with the first user with an operator of the first game.
Associating a wallet address is an additional element. However, it is merely linking the claim to a blockchain environment at a high level because it only requires a digital wallet be used for wagering.
Claim 8 recites:
The method of claim 7, further comprising determining, based at least in part on sending a query associated with the wallet address to the distributed ledger network, that the balance associated with the wallet address meets or exceeds the first wager.
Determining that a user has a sufficient balance for placing the wager is part of the abstract idea of conducting a wagering game. Sending a query to the distributed ledger network is an additional element which merely links, at a high level, the abstract idea to a blockchain environment.
Claim 10 recites:
The method of claim 5, further comprising:
generating a machine learning model configured to generate as output at least a portion of data comprising the smart contract;
receiving feedback data indicating performance of the smart contract; generating a training dataset from the feedback data;
training the machine learning model utilizing the training dataset such that a trained machine learning model is generated; and
determining, utilizing the trained machine learning model, an updated smart contract to be stored in association with the distributed ledger network.
The above steps are an additional element. However, they only recite, at a high level, using machine learning to optimize the smart contract. It is only incidental to the primary process of conducting the wagering game, and a tangential addition to the claim because these steps do not affect the primary process in any way. Examiner takes Official Notice that using machine learning to optimize code is well-known in the art. The above limitations are insignificant extra-solution activity and therefore do not integrate the claim into a practical application or constitute significantly more.
Claim 11 recites:
The method of claim 5, wherein rendering the set of game characteristics associated with the first game occurs separate from the distributed ledger network such that memory use by the distributed ledger network is reduced.
This limitation is part of the abstract idea because it merely requires that the distributed ledger not be used for the rendering step.
Claim 12 recites:
The method of claim 5 wherein the first wager is associated with a first currency, further comprising converting the first currency into a second currency different than the first currency.
This limitation introduces an additional abstract idea of exchanging currency types, which is a fundamental economic practice.
Claims 15, 16, 18-20
Claims 15, 16, 18-20 contain language similar to claims 7, 8, 10-12 as discussed in the preceding paragraphs, and for reasons similar to those discussed above, claims 15, 16, 18-20 are also rejected under 35 U.S.C. § 101.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7, 9, 11, 13-15, 17, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Cotton (US 20200027315 A1).
Regarding claims 1, 5, 13
Cotton teaches:
A system comprising: one or more processors; and a non-transitory memory storing processor-executable instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising: {[0073] “A system 800 that may be used to offer, accept, and facilitate payments related to sports and gaming wagers may include one more initial users 801, one or more initial users' digital currency wallets 802, one or more digital or ‘smart’ contracts 803, one or more blockchains 804, one or more decentralized applications (‘dApps’) 805, one or more mobile computers or “smartphones” 806, one or more tablet computers 807, one or more wearable computers 808, one or more desktop computers 809, one or more secondary users 810, one or more secondary users' digital currency wallets 811, one or more digital agreement events or ‘handshakes’ 812, one or more external oracle services 813, one or more application programming interfaces 814, and one or more pluralities of sports and gambling data 815.”}
receiving, from a first user device, a first wager placed in association with a first game theme, the first wager corresponding to an amount of cryptocurrency associated with a digital wallet of a first user of the first user device; {[0004] “Offers to make wagers based on the fixed odds may be displayed by a decentralized application in a web-based front-end environment, which may be supported by one or more smart contracts serving as a back-end environment. Users may fund wagers using digital currency or cryptocurrency that may be stored in and accessed from digital currency wallets”}
interacting with, based at least in part on the first wager and a set of rules associated with the first game theme, a published smart contract stored on a node of a blockchain network, the set of rules indicating how return amounts are to be determined; {[0004] “Offers to make wagers based on the fixed odds [rules] may be displayed by a decentralized application in a web-based front-end environment, which may be supported by one or more smart contracts serving as a back-end environment.”}
determining, prior to completion of game execution of the first game theme, a return amount based at least in part on terms defined by the published smart contract, wherein the terms comprise:
sending a request for a random value to an offchain random oracle, the request for the random value associated with a first request identifier; receiving, from the offchain random oracle, a random value associated with the first request identifier; {[0004] “Upon determining the outcome of the event that is the basis of the wager, such as, e.g., by using one or more external ‘oracle’ services to verify sports or gambling event data, such as, e.g., sports statistics, retrieved from an application programming interface, and feed the data into the smart contract, the smart contract may facilitate the transfer of funds from a digital currency wallet or “address” associated with the smart contract to one or more digital currency wallets associated with users that made a winning wager.”}
Cotton does not explicitly recite “sending” and “receiving”. However, using an application programming interface to retrieve event data (random value) implies sending a request and receiving a response.
determining, based at least in part on mapping the random value to a function of return possibilities, a return multiplier; and determining, based at least in part on the return multiplier and the first wager, the return amount; {[0004] “Offers to make wagers based on the fixed odds may be displayed by a decentralized application in a web-based front-end environment, which may be supported by one or more smart contracts serving as a back-end environment. […] by using one or more external ‘oracle’ services to verify sports or gambling event data, such as, e.g., sports statistics, retrieved from an application programming interface, and feed the data into the smart contract, the smart contract may facilitate the transfer of funds from a digital currency wallet or ‘address’ associated with the smart contract to one or more digital currency wallets associated with users that made a winning wager.”}
The wager being based on “fixed odds” implies the outcome of the event determining a multiplier, i.e. zero for a losing wager or the fixed odds for a winning wager, where a loss or a win depends on the event data (random value), which is then multiplied by the wager to determine the amount of funds to transfer (return amount).
causing, based at least in part on the first game theme, rendering of a first set of visual characteristics including at least the return amount on the first user device, {[0032] “Once the event result data are verified as reflecting real-world occurrences, the plurality of sports and gambling data 815 may be transmitted to the one or more smart contracts 803, which may trigger state changes on one or more blockchains 804 and update information displayed on the front-end of decentralized application (‘dApp’) 805.”} wherein causing rendering of the first set of visual characteristics occurs offchain such that memory use by the blockchain network is reduced; and {[0029] “In step S104, the one or more smart contracts 803 may display fixed odds offers on a front-end web interface of a decentralized application (‘dApp’) 805 in an Internet web browser.”; [0004] “displayed by a decentralized application in a web-based front-end environment, which may be supported by one or more smart contracts serving as a back-end environment.”}
Cotton teaches the user interacts with the system via a web browser, which means that rendering of the user interface and the updated information is performed by the user’s internet device (offchain). Additionally, Cotton only describes the “back-end” as being supported by a smart contract.
updating, based at least in part on the return amount, a cryptocurrency balance associated with the digital wallet of the first user of the first user device. {[0004] “Upon determining the outcome of the event that is the basis of the wager, such as, e.g., by using one or more external ‘oracle’ services to verify sports or gambling event data, such as, e.g., sports statistics, retrieved from an application programming interface, and feed the data into the smart contract, the smart contract may facilitate the transfer of funds from a digital currency wallet or ‘address’ associated with the smart contract to one or more digital currency wallets associated with users that made a winning wager.”}
Regarding claims 2, 6, 14
Cotton teaches:
The system of claim 1, the operations further comprising:
receiving, from a second user device, a second wager placed in associated with a second game theme different than the first game theme, the second wager corresponding to an amount of cryptocurrency associated with a second digital wallet of a second user of the second user device;
interacting with, based at least in part on the second wager and a second set of rules associated with the second game theme, a second published smart contract stored on a second node of the blockchain network, the second set of rules indicating how return amounts are to be determined;
determining, prior to completion of game execution of the second game theme, a second return amount based at least part on second terms defined by the second published smart contract wherein the second terms comprise:
sending a second request for a second random value to the offchain random oracle, the second request for the second random value associated with a second request identifier different than the first request identifier;
receiving, from the offchain random oracle, a second random value associated with the second request identifier;
determining, based at least in part on mapping the second random value to a second function of return possibilities, a second return multiplier; and
determining, based at least in part on the second return multiplier and the second wager, the second return amount;
causing, based at least in part on the second return amount and the second game theme, rendering of a second set of visual characteristics different than the first set of visual characteristics including at least the second return amount on the second user device, wherein causing rendering of the second set of visual characteristics occurs offchain such that memory use by the blockchain network is reduced; and
updating, based at least in part on the second return amount, a second cryptocurrency balance associated with the second digital wallet of the second user of the second user device.
Claim 2 is merely repeating the steps of claim 1 with a second game theme. Cotton teaches [0003] “Fixed odds related to a sports event, electronic or ‘esports’ event, or any other event, such as, e.g., a win, loss, final score, or other outcome, may be determined by a smart contract”. Therefore, Cotton teaches or at least suggests multiple bets being placed by multiple users in association with different types of games.
Regarding claim 3
Cotton teaches:
The system of claim 1, the operations further comprising associating a wallet address associated with the first user device with the first game theme. {[0004] “the smart contract may facilitate the transfer of funds from a digital currency wallet or ‘address’ associated with the smart contract to one or more digital currency wallets [wallet address] associated with users that made a winning wager”}
Regarding claims 4, 9, 17
Cotton teaches:
The system of claim 1, wherein the terms defined by the published smart contract are based at least in part on parsing the set of rules associated with the first game theme to remove data unnecessary for determination of the return amount,
Claim 1 recites determining a return amount based on terms. The above language is directed towards how the terms are created. Since creating the terms is not a function of the claimed system, this language does not affect the structure of the claimed system and is not given patentable weight.
the operations further comprising sending the terms defined by the published smart contract to a second node of the blockchain network for execution. {[0002] “the proliferation of applications, including decentralized applications or ‘dApps,’ leveraging the advantages of blockchains, presents the opportunity to process sports bets, gambling odds, and payouts by way of digital currency or ‘cryptocurrency,’ digital currency wallets, and digital or ‘smart’ contracts deployed to blockchains.”}
Cotton does not explicitly recite sending the smart contract to a second node. However, the smart contract of Cotton is a distributed app deployed (sent) to a blockchain, which at least implies sending it to a second node.
Regarding claims 7, 15
Cotton teaches:
The method of claim 5, further comprising associating a wallet address associated with the first user with an operator of the first game. {[0004] “the smart contract may facilitate the transfer of funds from a digital currency wallet or ‘address’ associated with the smart contract to one or more digital currency wallets [wallet address] associated with users that made a winning wager”}
The wallet address is associated with a user and a wager, which creates an association with the game that is being wagered on.
Regarding claims 11, 19
Cotton teaches:
The method of claim 5, wherein rendering the set of game characteristics associated with the first game occurs separate from the distributed ledger network such that memory use by the distributed ledger network is reduced.
See “causing rendering” limitation in claim 1.
Claims 8, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Cotton as applied to claims 5, 13 above, and further in view of Liu (US 20210004791 A1).
Regarding claims 8, 16
Cotton does not teach, however Liu teaches:
The method of claim 7, further comprising determining, based at least in part on sending a query associated with the wallet address to the distributed ledger network, that the balance associated with the wallet address meets or exceeds the first wager. {[0006] “The guaranteeing server can check whether a cryptocurrency balance of the user is sufficient to execute the transaction before transmitting the transaction to the blockchain network for calculation, thereby preventing the double spend attack from malicious users. In addition, the guaranteeing server can provide the authentication and guaranteeing for the transactions, so that the opposing party (e.g. the store) can be acknowledged whether the transaction is guaranteed or not within a short time, thereby guaranteeing the validity of the transaction and reducing the waiting time.”}
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add the balance check of Liu to the wagering system of Cotton when the user attempts to fund a wager so that the transaction “is guaranteed or not within a short time, thereby guaranteeing the validity of the transaction and reducing the waiting time.”
Claims 10, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Cotton as applied to claims 5, 13 above, and further in view of Chang (US 20220129254 A1).
Regarding claims 10, 18
Cotton does not teach, however Chang teaches:
The method of claim 5, further comprising:
generating a machine learning model configured to generate as output at least a portion of data comprising the smart contract; {Abstract “The feature vector is inputted to a machine learning model to obtain an optimizer collection suitable for the computer programming code.”; [0003] “During the software development process, the programming codes need to be compiled through optimizers to remove redundant commands, such that the algorithms can be optimized, and the processing speed can be increased.”}
receiving feedback data indicating performance of the smart contract; {Abstract “The optimization method includes the following steps. Several optimizers each having several branch paths are provided. A counter is set on each of the branch paths. When the optimizers run through the branch paths, the counters set on the branch paths, where the optimizer run through, are counted. The computer programming code is compiled through the optimizers. Several count values [feedback data] of the counters are obtained.”}
generating a training dataset from the feedback data; {Abstract “The count values are collected to obtain a feature vector of the computer programming code.”}
training the machine learning model utilizing the training dataset such that a trained machine learning model is generated; and {Abstract “The feature vector is inputted to a machine learning model to obtain an optimizer collection suitable for the computer programming code.”}
determining, utilizing the trained machine learning model, an updated smart contract to be stored in association with the distributed ledger network. {[0003] “During the software development process, the programming codes need to be compiled through optimizers to remove redundant commands, such that the algorithms can be optimized, and the processing speed can be increased.”}
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the code optimization technique of Chang on the smart contract of Cotton to increase the processing speed.
Claims 12, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cotton as applied to claims 5, 13 above, and further in view of Yi (US 20210086084 A1).
Regarding claims 12, 20
Cotton does not teach, however Yi teaches:
The method of claim 5 wherein the first wager is associated with a first currency, further comprising converting the first currency into a second currency different than the first currency. {[0013] “In some implementations, the online gaming platform may include an integrated an online cryptocurrency exchange that facilitates or enables players to perform transactions or exchanges of one or more cryptocurrency and one or more fiat currency. In some implementations, the online cryptocurrency exchange can be integrated with online gaming platforms such as casino games, poker games, and the like, such that the games are played with any cryptocurrency and/or fiat currency seamlessly.”}
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add the cryptocurrency exchange of Yi to the wagering system of Cotton to increase flexibility by allowing bettors to use their preferred cryptocurrency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is listed in the enclosed PTO-892.
Reynolds (US 20230099239 A1) teaches (relevant to claims 4 and 10):
Abstract “Various embodiments of the present technology generally relate to integrating machine learning models into industrial automation environments. More specifically, embodiments of the present technology include systems and methods for implementing machine learning models within industrial control code to improve performance, increase productivity, and add capability to existing control programs. In an embodiment, a system comprises a screen capture component configured to capture images of a human-machine interface in an industrial automation environment, wherein the one or more images include at least one visual depiction of data collected from an industrial device. The system further comprises an input component configured to provide the images to a machine learning model configured to analyze an operating condition of the industrial device. The system also comprises a determination component configured to, based on an output of the machine learning model, identify a current operating condition of the industrial device.”
Nazarov (US 20230318857 A1) teaches:
Abstract “A system and method for providing a randomness function to a smart contact on a decentralized network. A decentralized oracle network receives a request for at least one random value to be supplied to a smart contract executing on a decentralized network, the request including a seed. The oracle network generates the at least one random value based reports from a verified quorum of oracle nodes of the oracle network. The oracle network broadcasts a report including a randomness function to the smart contract.”
Georgiou (US 20200152003 A1) teaches:
[0003] “One of the popular applications of the blockchain technology is on gambling games. The blockchain technology can provide fair gambling games by ensuring that the players' chances of winning cannot be biased by anyone. Blockchain-based gambling games are implemented by gambling contracts (or computer protocols) that include terms (or computer codes) that prevent someone from biasing the outcomes of the games. Players can examine the gambling contract before playing the gambling game to be certain that such terms are incorporated and that the gambling game will be fair. The gambling contract cannot be manipulated, and the computer(s) on which the gambling contract is implemented will enforce the terms and the players will play according to the enforced terms. The transactions of the gambling games are stored into a blockchain or distributed ledger. The stored transactions are trackable and irreversible. Comparing with off-chain or traditional gambling games, this approach is much more preferable. For example, players playing a slot machine in a casino or on the web do not have any guarantee that they are playing a fair game. A slot machine could be programmed to never give out the jackpot or to give the jackpot only to a specific predefined person. Using the blockchain technology, a slot machine contract that protects both the casino and the player from cheating can be implemented.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT MICHAEL DIROMA whose telephone number is (571)272-6430. The examiner can normally be reached Monday - Friday 12:30 pm - 8:30 pm.
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/S.M.D./Examiner, Art Unit 3698
/PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698