DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
2. Applicant's arguments filed 12/08/2025 with respect to the rejection(s) of claim(s) 1-20 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made. See remarks on page 8-10.
The rejection of pending claims 1-20 under 35 U.S.C. 101 as directed to an abstract idea without significantly more, is maintained in view of MPEP 2106.04(d). Applicant argument of the claims provide a technical improvement are not persuasive because the claims do not recite any improvements to computer functionality and technology implemented. Instead, the claims recites to receive a request for a cryptographic token; determine a particular asset of a plurality of assets based on a random number generation; generate the cryptographic token corresponding to the particular asset, wherein generating the cryptographic token comprises minting the cryptographic token on a distributed ledger; generate a sweepstakes outcome from a set of sweepstakes outcomes for a particular sweepstakes game based on minting the cryptographic token on the distributed ledger; and render the sweepstakes outcome and the cryptographic token on a display. Under the broadest reasonable interpretation, these limitations are directed to managing and facilitating a sweepstakes game, including selecting outcomes and displaying results, which falls under the abstract idea of certain methods of organizing human activity (i.e. fundamental economic practices. The additional elements, including computing devices amounts to no more than a generic computer implementation of the abstract idea. There is no recited improvement to the computing technology that improves the computer performance. Therefore, the claims merely implement the abstract idea using generic computing components to perform routine functions and they do not integrate the abstract idea into a practical application. Accordingly, the rejection under35 USC § 101 is maintained. See remarks on page 6-8.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Subject Matter Eligibility Criteria – Step 1:
Claims 1-8 are directed to a system, claims 9-15 are directed to a method (process), and claims 16-20 are directed an article of manufacture. Therefore, these claims fall within the four statutory categories of invention.
Subject Matter Eligibility Criteria – Step 2A – Prong One:
Regarding Prong One of Step 2A of the Alice/Mayo test, the claim limitations are to be analyzed to determine whether, under their broadest reasonable interpretation, they “recite” a judicial exception or in other words whether a judicial exception is “set forth” or “described” in the claims. MPEP 2106.04(II)(A)(1). An “abstract idea” judicial exception is subject matter that falls within at least one of the following groups: a) certain methods of organizing human activity, b) mental processes, and/or c) mathematical concepts. MPEP 2106.04(a).
Representative independents claims 1, 9, and 16 include limitations that recite at least one abstract idea.
Claims 1, 9, and 16 are directed to the abstract idea of “receive a request for a cryptographic token; determine a particular asset of a plurality of assets based on a random number generation; generate the cryptographic token corresponding to the particular asset, wherein generating the cryptographic token comprises minting the cryptographic token on a distributed ledger; generate a sweepstakes outcome from a set of sweepstakes outcomes for a particular sweepstakes game based on minting the cryptographic token on the distributed ledger; and render the sweepstakes outcome and the cryptographic token on a display.” Under its broadest reasonable interpretation, this claim is managing and facilitating a sweepstakes game, such as, distributing tokens, selecting sweepstake outcomes, and displaying results, and hence falls under organizing human activity (i.e., as fundamental economic practices).
Dependent Claims:
Claim 2 recites: wherein the at least one computing device is further configured to associate the cryptographic token with a patron account; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 3 recites: wherein the patron account comprises a cryptographic wallet; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 4 recites: wherein the patron account is associated with a plurality of other cryptographic tokens individually corresponding to a respective one of the plurality of assets; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 5 recites: wherein each of the plurality of assets are individually associated with a respective probability of a plurality of probabilities; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 6 recites: wherein the at least one computing device is further configured to generate the cryptographic token by embedding a plurality of computing instructions in the cryptographic token; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 7 recites: wherein the at least one computing device is further configured to determine a plurality of terms and conditions for the cryptographic token, wherein the plurality of computing instructions comprise a smart contract representing the plurality of terms and conditions; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 8 recites: wherein the at least one computing device is further configured to: receive a request to acquire a feature for the particular sweepstakes game according to one of the plurality of terms and conditions; and enable the feature for the particular sweepstakes game automatically according to the one of the plurality of terms and conditions; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 10 recites: wherein rendering the cryptographic token on the display comprises rendering the particular asset on the display; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 11 recites: wherein the particular asset is rendered at a first resolution on the display that is lower than a second native resolution of the particular asset; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 12 recites: wherein the cryptographic token is a nonfungible token; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 13 recites: further comprising recording, via one of the one or more computing devices, the token on a distributed ledger; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 14 recites: determining, via one of the one or more computing devices, a patron account comprises a plurality of cryptographic tokens individually corresponding to individual ones of a particular subset of the set of assets; and authenticating, via one of the one or more computing devices, the patron account for access to a particular service based on the patron account comprising the plurality of cryptographic token; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 15 recites: wherein the particular subset of the set of assets is defined within the plurality of cryptographic tokens; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 17 recites: wherein the program further causes the at least one computing device to cause a printer to print a ticket comprising a scannable code corresponding to the cryptographic token; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 18 recites: receive a value corresponding to the scannable code a computing device scanning the scannable code; and associate the cryptographic token with a patron account corresponding to the computing device; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 19 recites: receive a request to trade the cryptographic token in a first patron account with a second cryptographic token in a second patron account; assign the cryptographic token to the second patron account; and assign the second cryptographic token to the first patron account; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Claim 20 recites: wherein each of the plurality of assets are individually associated with a respective probability of a plurality of probabilities; further describes the abstract idea of organizing human activity (i.e., as fundamental economic practices).
Subject Matter Eligibility Criteria – Step 2A – Prong Two:
Claim 1, 9, and 16 recites to a computer platform as an additional element to the judicial exception in the preamble. Viewed individually and in combination, this additional element to the identified judicial exception of Step 2A.1, amounts to no more than mere instructions for managing and facilitating a sweepstakes game, such as, distributing tokens, selecting sweepstake outcomes, and displaying results on a generic computer. Therefore, at Step 2A.2, these additional elements do not act in combination to integrate the abstract idea into a practical application. The additional elements of claims 1, 9, and 16 considered both individually and as an ordered combination, do not amount to significantly more than the judicial exception because the additional element of a generic computer does no more than “[s]imply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry.” See MPEP 2106.05 (citing to Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 225 (2014)).
Therefore claims 1, 9, and 16 is found ineligible under 35 U.S.C. 101.
Step 2B:
Viewed as a whole, instructions/method claims recite the concept of “organizing human activity” (i.e., as fundamental economic practices) in managing and facilitating a sweepstakes game, such as, distributing tokens, selecting sweepstake outcomes, and displaying results are performed by a generic computer. The method claims do not, for example, purport to improve the functioning of the computer itself. Nor do they effect an improvement in any other technology or technical field. Instead, the claims at issue amount to nothing significantly more than an instruction to apply the abstract idea using some unspecified, generic computer. See Alice Corp. Pty. Ltd., 573 U.S. 208. Mere instructions to apply the exception using a generic computer component and limitations to a particular field of use or technological environment cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The use of a computer server is to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Claim Rejections - 35 USC § 103
5. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7, 9-10, and 12- 20 are rejected under 35 U.S.C. 103 as being unpatentable over Andon et al. (US 20230361998 A1), in view of Hardy et al. (US 20110092267 A1), and further in view of Jakobsson et al. (US 20230075884 A1).
7. Regarding claim 1, 9, and 16, Andon discloses a system, (a method, and a non-transitory computer-readable medium embodying a program that, when executed by at least one computing device, cause the at least one computing device to, (Para .0071)),
comprising: a display; a memory device; and at least one computing device communicatively coupled to the memory device and the display, (Para. 0014, The decentralized computing system includes a wireless communications device that connects with one or more remote computing nodes over a distributed computing network, and a cryptographic digital asset registry that stores digital shoes and unique digital shoe ID codes associated with multiple cryptographic digital assets. Other peripheral hardware may include a network interface bus, resident and/or remote memory, a user location tracking device, a UPC/UPID scanner, etc.; and Para. 0015, Continuing with the above example, the decentralized computing system also includes a server-class (middleware or backend) computer that is operatively connected to the wireless communications device and cryptographic digital asset registry. The middleware server computer is programmed to execute memory-stored firmware and software to receive, over the distributed computing network from a remote computing node, an electronic transaction confirmation indicative of a validated transfer of authenticated footwear from one party to another party. Responsive to receipt of the transaction confirmation, the server-class computer retrieves a unique owner ID code of the transferee party from an encrypted relational database, and generates a cryptographic digital asset associated with the article of footwear. The cryptographic digital asset includes a computer-generated digital shoe provisioned through a unique tokenized code with a corresponding access key. The server-class computer then links the cryptographic digital asset to the unique owner ID code in the cryptographic digital asset registry, and transmits the unique digital shoe ID code and unique owner ID code to a distributed blockchain ledger for recordation on a transaction block.)
the at least one computing device being configured to: receive a request for a cryptographic token, (Para. 0013. This representative method includes, in any order and in any combination with any of the above or below disclosed features and options: receiving, via a server-class (middleware or backend) computer over a distributed computing network from a remote computing node (e.g., a point-of-sale (POS) terminal, a personal computer, a smartphone, etc.), a transaction confirmation indicative of a validated transfer of authentic footwear from a first party to a second party; determining, via the middleware server computer from an encrypted relational database, a unique owner ID code (e.g., a member ID of a cryptocurrency wallet or digital locker) associated with the second party; generating a cryptographic digital asset associated with the article of footwear, the cryptographic digital asset including a digital shoe (e.g., a computer-generated avatar) and a unique digital shoe ID code (e.g., a key and cryptographic token); linking, via the middleware server computer, the cryptographic digital asset with the unique owner ID code; and transmitting, via the middleware server computer to a distributed blockchain ledger (e.g., Bitcoin, Ethereum, Litecoin, etc.), the unique digital shoe ID code and the unique owner ID code for recordation on a transaction block.)
determine a particular asset of a plurality of assets based on a random number generation, (Para. 0018, For any of the disclosed systems, methods, digital assets and footwear, the server-class computer may receive (from either participating party) a digital breeding solicitation with a request to intermingle the cryptographic digital asset with a third-party cryptographic digital asset. Upon receipt of this solicitation, the server-class computer may responsively generate a progeny cryptographic digital asset with a combination of one or more features from the second-party cryptographic digital asset and one or more features from the third-party cryptographic digital asset. For instance, each cryptographic digital asset may be assigned a respective unique cryptographic token key with a code string that is segmented into a series of code subset.)
Andon does not explicitly disclose and rendering, via one of the one or more computing devices, the sweepstakes outcome and the cryptographic token on a display.
However, Hardy teaches and rendering, via one of the one or more computing devices, the sweepstakes outcome and the cryptographic token on a display, (Para. 0011-0013, The participant may be presented with a listing of the current sweepstakes that are accepting entries along with any entries the participant may already have entered into those sweepstakes. The participant may also elect to defer the choice of entering one of the current sweepstakes and place their entries into a repository for future use. The sweepstakes entries may have associated expiration or use policies (e.g. expiration dates, only good for certain promotions, variable effective value). The repository would track expiration and use policies for all sweepstakes entries being stored in the repository…the act of providing an entry into a sweepstakes game to the player includes an act of providing a custom currency redeemable for entry into at least one sweepstakes game. According to another embodiment of the invention, the method further comprises an act of permitting the player to exchange the entry into the sweepstakes game. According to another embodiment of the invention, the method further comprises an act of permitting the player to exchange the custom currency. According to another embodiment of the invention, the method further comprises an act of providing an exchange interface for trading of the custom currency….the exchange interface is configured to display information associated with the sweepstakes entry. According to another embodiment of the invention, the information associated with the sweepstakes entry includes at least one of an expiration for the sweepstakes entry, a value of any outcome of a sweepstakes game associated with the entry, a sweepstake game level associated with the entry, a total number of sweepstakes entries submitted for the sweepstakes game associated with the sweepstakes entry, an outcome of the sweepstakes game associated with the sweepstakes entry, a time for redemption of the sweepstakes entry, a cash value of a prize associated with the entry, and a cash equivalent value of a prize associated with the entry.)
One of ordinary skill in the art would have recognized that applying the known technique of Hardy to the known invention of Andon would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate payment details features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the method to include and render the sweepstakes outcome and the cryptographic token on a display result in an improved invention because applying said technique ensure that the user is able to experience the outcome of the sweepstakes and see the results, thus improving the overall user convenience of the invention.
Andon as modified does not explicitly disclose wherein generating the cryptographic token comprises minting the cryptographic token on a distributed ledger; generating, via one of the one or more computing devices, a sweepstakes outcome from a set of sweepstakes outcomes based on minting the cryptographic token on the distributed ledger.
However, Jakobsson teaches wherein generating the cryptographic token comprises minting the cryptographic token on a distributed ledger; generating, via one of the one or more computing devices, a sweepstakes outcome from a set of sweepstakes outcomes based on minting the cryptographic token on the distributed ledger, (Para. 0004, The method generates a token, based on the at least one output. The generation is performed by at least one of minting and modification of data associated with the token.; and Para. 0026, The processor applies the at least one transformation to the at least one input, resulting in at least one output. The processor generates a token, based on the at least one output. The generation is performed by at least one of minting and modification of data associated with the token.; and Para. 0087, In still another embodiment, the secure log is stored on at least one of a blockchain, a secure database, and a proprietary database with access control.; and Para. 0057, In yet another embodiment, the original token is associated with a lottery entry; the lottery entry includes one or more of an encrypted field and a unique identifier; and a winner of the lottery is determined based on the lottery entry.; and Para. 0072, In yet another embodiment, the original token is associated with a lottery entry; the lottery entry includes one or more of an encrypted field and a unique identifier; and a winner of the lottery is determined based on the lottery entry.)
One of ordinary skill in the art would have recognized that applying the known technique of Jakobsson to the known invention of Andon as modified would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate minting token features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the method to include wherein generating the cryptographic token comprises minting the cryptographic token on a distributed ledger; generating, via one of the one or more computing devices, a sweepstakes outcome from a set of sweepstakes outcomes based on minting the cryptographic token on the distributed ledger result in an improved invention because applying said technique ensure that that the outcome selection is traceable by recording the minted token to the blockchain, thus improving the overall performance and security of the invention.
8. Regarding claim 2, Andon discloses wherein the at least one computing device is further configured to associate the cryptographic token with a patron account, (Para. 0013, generating a cryptographic digital asset associated with the article of footwear, the cryptographic digital asset including a digital shoe (e.g., a computer-generated avatar) and a unique digital shoe ID code (e.g., a key and cryptographic token); linking, via the middleware server computer, the cryptographic digital asset with the unique owner ID code; and transmitting, via the middleware server computer to a distributed blockchain ledger (e.g., Bitcoin, Ethereum, Litecoin, etc.), the unique digital shoe ID code and the unique owner ID code for recordation on a transaction block.; and Para. 0015, The cryptographic digital asset includes a computer-generated digital shoe provisioned through a unique tokenized code with a corresponding access key. The server-class computer then links the cryptographic digital asset to the unique owner ID code in the cryptographic digital asset registry, and transmits the unique digital shoe ID code and unique owner ID code to a distributed blockchain ledger for recordation on a transaction block.)
9. Regarding claim 3, Andon discloses wherein the patron account comprises a cryptographic wallet, (Para. 0011, Concomitantly, an access prompt with a unique (e.g., 64-bit numeric) key is issued to a cryptocurrency wallet account associated with the owner ID code such that the buyer can retrieve a digital shoe with a cryptographic token; the key, token and digital shoe are assigned to the owner ID code.; and Para. 0019, the server-class computer may generate a smart contract that authenticates ownership of and/or tracks future transaction of the cryptographic digital asset. The unique owner ID code may be linked with a cryptocurrency wallet that registered with the distributed blockchain ledger.)
10. Regarding claim 4, Andon discloses wherein the patron account is associated with a plurality of other cryptographic tokens individually corresponding to a respective one of the plurality of assets, (Para. 0012, ownership rights for each successive generation of a digital shoe may be tied back to the original, real-world shoe (e.g., wholly or partially; by percentage of genotypic contribution, etc.) via encryption key to the originally associated virtual product.; and Para. 0011] In some embodiments, purchase of an authentic, tangible pair of shoes may enable or “unlock” a corresponding cryptographic digital asset and a digital shoe associated with that digital asset. For example, when a person purchases a real-world pair of shoes from a registered seller, a unique (e.g., 10-bit numeric) physical shoe identification (ID) code of the physical shoes may be linked to a unique (e.g., 42-bit alphanumeric) owner ID code of the buyer. Concomitantly, an access prompt with a unique (e.g., 64-bit numeric) key is issued to a cryptocurrency wallet account associated with the owner ID code such that the buyer can retrieve a digital shoe with a cryptographic token; the key, token and digital shoe are assigned to the owner ID code.)
11. Regarding claim 5, Andon discloses wherein each of the plurality of assets are individually associated with a respective probability of a plurality of probabilities, (Para. 0012, In some embodiments, a digital asset may include genotype information and/or phenotype information for a digital shoe. This genotype/phenotype data may represent certain traits, attributes, colors, styles, backgrounds, etc., of the digital asset, and may be coordinated according to “breeding rules” that govern any intermingling of a digital shoe with one or more other discrete digital shoes. Phenotypic characteristics may depend on genotypic information, and vice versa, along with any one or more of: a virtual environment and attendant effects; time-dependent intermingling restrictions (e.g., cannot breed virtual shoe offspring until both reach a pre-established maturity); virtual user interactions that alter (e.g., speed up or slow down) maturity or increase/decrease a likelihood of certain traits developing; and Para. 0018, One or more of these code subsets may include data indicative of attributes of the corresponding digital shoe. The progeny cryptographic digital asset is provisioned via a distinct cryptographic token key with a code string composed of one or more code subsets with attribute data extracted from the cryptographic token key of the second-party digital asset and one or more code subsets with attribute data extracted from the cryptographic token key of the third-party digital asset. For instance, one code subset of the progeny digital asset may share a distinct alphanumeric sequence with a code subset of the second-party digital asset, while another code subset of the progeny digital asset may share a distinct alphanumeric sequence with a code subset of the third-party digital asset. Generating the progeny cryptographic digital asset may include applying a random number generator to: designate one of the mating cryptographic digital assets as a sire, designate the other mating cryptographic digital assets as a dam, and determine which code subsets of the progeny will correspond to which code subsets of the sire and which code subsets of the dam.)
12. Regarding claim 6, Andon discloses wherein the at least one computing device is further configured to generate the cryptographic token by embedding a plurality of computing instructions in the cryptographic token, (Para. 0018-0019, For instance, each cryptographic digital asset may be assigned a respective unique cryptographic token key with a code string that is segmented into a series of code subset. One or more of these code subsets may include data indicative of attributes of the corresponding digital shoe….For instance, one code subset of the progeny digital asset may share a distinct alphanumeric sequence with a code subset of the second-party digital asset, while another code subset of the progeny digital asset may share a distinct alphanumeric sequence with a code subset of the third-party digital asset. Generating the progeny cryptographic digital asset may include applying a random number generator to: designate one of the mating cryptographic digital assets as a sire, designate the other mating cryptographic digital assets as a dam, and determine which code subsets of the progeny will correspond to which code subsets of the sire and which code subsets of the dam… The server-class computer may respond by determining a new unique owner ID code of the third party, link the cryptographic digital asset with this new unique owner ID code, and record the transfer of the unique digital shoe ID code to the new unique owner ID code on a new transaction block with the distributed blockchain ledger. The digital transfer proposal may be transmitted in response to a confirmation indicative of a new validated transfer of the article of footwear from the second party to the third party. Alternatively, transfer of the cryptographic digital asset to a third party may be independent of transfer of the physical footwear. Optionally, the server-class computer may generate a smart contract that authenticates ownership of and/or tracks future transaction of the cryptographic digital asset. The unique owner ID code may be linked with a cryptocurrency wallet that registered with the distributed blockchain ledger.)
13. Regarding claim 7, Andon discloses wherein the at least one computing device is further configured to determine a plurality of terms and conditions for the cryptographic token, wherein the plurality of computing instructions comprise a smart contract representing the plurality of terms and conditions, (Para. 0019, For any of the disclosed systems, methods, digital assets and footwear, the server-class computer may receive a digital transfer proposal (from either the transferor or the transferee) with a request to transfer the cryptographic digital asset to a third party. The server-class computer may respond by determining a new unique owner ID code of the third party, link the cryptographic digital asset with this new unique owner ID code, and record the transfer of the unique digital shoe ID code to the new unique owner ID code on a new transaction block with the distributed blockchain ledger. The digital transfer proposal may be transmitted in response to a confirmation indicative of a new validated transfer of the article of footwear from the second party to the third party. Alternatively, transfer of the cryptographic digital asset to a third party may be independent of transfer of the physical footwear. Optionally, the server-class computer may generate a smart contract that authenticates ownership of and/or tracks future transaction of the cryptographic digital asset. The unique owner ID code may be linked with a cryptocurrency wallet that registered with the distributed blockchain ledger.)
14. Regarding claim 10, Andon discloses wherein rendering the cryptographic token on the display comprises rendering the particular asset on the display, (Para. 0089, The CollabScience algorithm then processes the cryptographic digital asset, produces the virtual representation of the new asset, and assigns the asset to the buyer's digital blockchain locker.)
15. Regarding claim 12, Andon discloses wherein the cryptographic token is a nonfungible token, (Para. 0037, As used herein, “cryptographic digital assets,” or simply “digital assets” may refer to any computer-generated virtual object, including digital footwear, apparel, headgear, avatars, pets, etc., that have a unique, non-fungible tokenized code (“token”) registered on and validated by a blockchain platform or otherwise registered in an immutable database. Furthermore all references to “Crypt® Kicks” and variations of the term within this disclosure should be understood to be exemplary of a virtual collectible backed by a unique, non-fungable token or registry entry within an immutable database. It should not be limiting to only footwear. All such references should be read to equally apply to apparel (e.g., “Crypt® Threads”), headgear (e.g., “Crypt® Lids”), and sporting equipment (e.g., “Crypt® Gear”), or other such objects.)
16. Regarding claim 13, Andon discloses further comprising recording, via one of the one or more computing devices, the token on a distributed ledger, (Para. 0021, FIG. 1 is a lateral side-view illustration of a representative article of footwear with a collectible digital asset protected by a cryptographic token that is provisioned through a blockchain ledger in accordance with aspects of the present disclosure.)
17. Regarding claim 14, Andon discloses further comprising: determining, via one of the one or more computing devices, a patron account comprises a plurality of cryptographic tokens individually corresponding to individual ones of a particular subset of the set of assets; and authenticating, via one of the one or more computing devices, the patron account for access to a particular service based on the patron account comprising the plurality of cryptographic tokens, (Para. 0025, FIG. 5 is an illustration of a representative graphical user interface (GUI) of a personal computing device illustrating a library of a plurality of cryptographic digital assets.; and Para. 0040-0044, In a representative example, an authenticated pair of physical shoes are created and assigned a Unique Product Identifier (UPID). Upon purchase by a consumer, the UPID is used to unlock a cryptographic digital asset—a “Crypt® Kick”—composed of a collectible digital shoe and a unique non-fungible token (NFT) operating on a blockchain-based distributed computing platform… upon scanning the shoe's UPC or UPID at a point-of-sale (POS) terminal during first purchase or directly associated with the product, a unique crypto-token and corresponding private key (“KickID”) are automatically generated and assigned to the user's blockchain locker (see FIG. 7). In a second example, a KickID is provided to the user via a printed or digital receipt, a visual or electronic tag (RFID or NFC) hidden in the physical shoe, a pop-up message or email sent to a personal user account, a push notification or text message sent to a smartphone, or some other record; the consumer uses the KickID to link the CryptoKick to their digital blockchain locker. Another example may require the user to assemble the KickID in part via a physical code or UPID associated with the shoe (on the box, on a hang tag, under a label, on an insole, etc.), and in part via a transaction authentication code (i.e., to prevent consumers from collecting a CryptoKick when they merely try on a pair of shoes). Another example may require the user to “hunt” for CryptoKicks in a brick-and-mortar store by using a photographic “snap” or augmented reality (“AR”) function on a handheld personal computing device. For this method, a KickID may be provided via the retail transaction, however, the user must separately find a hidden CryptoKick in AR hidden within the store or local area before the digital asset can be transferred to their locker (i.e., the cryptographic key and the virtual object must both be separately acquired before the transfer occurs). In this example, obtaining the cryptographic key may enable the AR engine associated with a user device to initiate a game where the CryptoKick/virtual object associated with that key is locally hidden and available for the user to locate... In this embodiment, the GPS associated with the smartphone device may further constrain optical recognition capabilities to within a particular geofenced area. Once the CryptoKick is located (e.g., virtually disguised in a billboard advertisement), the user may be prompted to scan a unique code, such as the barcode on their ticket to the event. This two-part action may then transfer a token uniquely provisioned for that ticket to the user's locker. Following the event, the promotion organizer may reclaim any unclaimed KickIDs for subsequent use in other promotional events. After acquiring a CryptoKick, the owner may buy, sell, intermingle, collect, or trade CryptoKicks, e.g., using physical, fiat, and/or digital currency. In some examples, an entity may maintain a digital online marketplace that includes an inventory of CryptoKicks for sale and/or a marketplace that may broker transactions between individuals.
18. Regarding claim 15, Andon discloses wherein the particular subset of the set of assets is defined within the plurality of cryptographic tokens, (Para. 0011-0012, In some embodiments, purchase of an authentic, tangible pair of shoes may enable or “unlock” a corresponding cryptographic digital asset and a digital shoe associated with that digital asset. For example, when a person purchases a real-world pair of shoes from a registered seller, a unique (e.g., 10-bit numeric) physical shoe identification (ID) code of the physical shoes may be linked to a unique (e.g., 42-bit alphanumeric) owner ID code of the buyer…Respective cryptographic tokens may be assigned to the physical shoes and to the cryptographic digital asset; alternatively, a single cryptographic token may be assigned to both the physical shoes and cryptographic digital asset. In some embodiments, a digital asset may include genotype information and/or phenotype information for a digital shoe. This genotype/phenotype data may represent certain traits, attributes, colors, styles, backgrounds, etc., of the digital asset, and may be coordinated according to “breeding rules” that govern any intermingling of a digital shoe with one or more other discrete digital shoes; and Para. 0016, For any of the disclosed systems, methods, digital assets and footwear, the unique digital shoe ID code may include a cryptographic token key with a code string that is segmented into a series of code subsets. A first of these code subsets may include data indicative of attributes of the digital shoe. This attribute data may include genotype and phenotype data for the digital shoe. A second of these code subsets may include data indicative of attributes of the real-world article of footwear, such as colorway, materials, manufacturing, make, sustainability/eco-responsibility, and/or model data, etc., for the article of footwear.)
19. Regarding claim 17, Andon does not explicitly disclose wherein the program further causes the at least one computing device to cause a printer to print a ticket comprising a scannable code corresponding to the cryptographic token.
However, Hardy teaches wherein the program further causes the at least one computing device to cause a printer to print a ticket comprising a scannable code corresponding to the cryptographic token, (Para. 0061, In another embodiment, actions taken by the player are required to trigger enhancements of the sweepstakes entries or features of the sweepstakes system. As an example, a lottery would require the purchase of a specific ticket in order to extend the expiration dates of all his/her sweepstakes entries. Similarly, a casino would require a player to spend a minimum amount of money on the gaming floor before allowing the player to retain unassigned sweepstakes entries. As another example, multiplication of a player's sweepstakes entries would only occur after the player has visited a gaming establishment and validated their ticket.; and Para. 0076, By allowing multiple sweepstakes to be run simultaneously, the system then facilitates the separation of prizes to increase player interest and participation. Instead of a single sweepstakes drawing that has multiple prizes, the system accommodates multiple sweepstakes drawings of single (or small groups of) prizes or prize types. This provides more value, real or perceived, to the end user. An example of a typical sweepstakes prize structure is: 1 Grand Prize (e.g. exotic sports car), 10 2nd Place Prizes (e.g. sport utility vehicle), 100 3rd Place Prizes (e.g. Red Sox season tickets), and 500 4th Place Prizes (e.g. flat screen TV). Typically, this would equate to a single sweepstakes drawing where 611 total winners are drawn. With the present invention, this could broken into 4 sweepstakes drawings (1 for each prize type), or 611 sweepstakes drawings (1 for each prize), or any number of sweepstakes drawings between 1 and 611 (depending on the combination of prizes). A sweepstakes entrant can then decide what prize or combination of prizes is most valuable to them, either explicitly or taking into account the odds of winning.)
One of ordinary skill in the art would have recognized that applying the known technique of Hardy to the known invention of Andon would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate scannable code features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the article of manufacture to include wherein the program further causes the at least one computing device to cause a printer to print a ticket comprising a scannable code corresponding to the cryptographic token result in an improved invention because applying said technique ensures that users can redeem digital tokens to participate in sweepstake games, thus improving the overall user convenience of the invention.
20. Regarding claim 18, Andon discloses wherein the program further causes the at least one computing device to: receive a value corresponding to the scannable code a computing device scanning the scannable code; and associate the cryptographic token with a patron account corresponding to the computing device, (Para. 0080-0079, the user may receive an email notification with detailed instructions for unlocking a CryptoKick once the shipment arrives. After receiving the shoe box containing the purchased sneakers, the user scans the box UPC with a barcode scan feature in a sneakers app operating on the user's smartphone. In the sneakers app, a new profile page is responsively enabled; the sneakers app opens the new profile page. For at least some applications, the new profile page is linked with, exported to, or initially enabled in the user's personal (NIKEPLUS®) account profile. Private and public blockchain platform keys are generated, genotype and phenotype data are created, this data is embedded in segments of the public key's alphanumeric code, and the virtual representation of the CryptoKick is engendered. The CryptoKick's blockchain data, token, etc., are assigned to the user's new address; the new profile page lists the CryptoKick the user has acquired. The sneaker app may present the seller with a share modal in which he/she can either share the auction via usual social media, or present a quick-response (QR) code for a potential buyer to scan. The buyer may then scan the QR code using a smartphone digital camera through operation of a scan feature in the sneaker app, and transmit the requisite funds (e.g., 3 ETH) to the auction site. The seller's sneakers app notifies him/her of the payment; the seller is prompted to agree to a terms of sale and finalize the transaction. The CryptoKick is then transferred from the first party to the address of the second party.; and Para. 0095, In such an embodiment, the occurrence of the event may trigger an alert on the user's device 39, which would prompt the user to scan their ticket to facilitate the transfer. In one embodiment, to eliminate a secondary market for ticket stubs, the app on the user's device that facilitates the notification may require that the scan occur within a predetermined geofence or time of the game/event. In a further extension, the marketplace (described above) may further permit the user 39 to prospectively sell the unvested right to the CryptoKick if the triggering event were to occur. This would resemble the user writing and selling a tradable option to the CryptoKick that either expires worthless, or results in the option purchaser acquiring the CryptoKick. Similar future rights/options may be prospectively traded for the progeny of a CryptoKick.)
21. Regarding claim 19, Andon discloses wherein the program further causes the at least one computing device to: receive a request to trade the cryptographic token in a first patron account with a second cryptographic token in a second patron account; assign the cryptographic token to the second patron account; and assign the second cryptographic token to the first patron account, (Para. 0080, A user may wish to lease, license, or assign his/her new CryptoKick to any of one or more prospective buyers. In one example, a seller (also referred to herein as “transferor” or “first party”) offers to sell, and a buyer (also referred to herein as “transferee” or “second party”) agrees to buy a CryptoKick for an agreed-upon sum (e.g., three (3) ETH). The buyer may be interested to make such as purchase as the available CryptoKick has one or more attributes (e.g., artist, body type, colorway, etc.) the buyer is looking to add to a collection. The seller may initiate the sale process by marking a specific CryptoKick in the sneaker app as “For Sale” via a corresponding soft-key “auction” button. Sally may set a minimum bid and/or a buy now price, and provide an auction time window of a selected number of hours, days, weeks, etc. The sneaker app may present the seller with a share modal in which he/she can either share the auction via usual social media, or present a quick-response (QR) code for a potential buyer to scan. The buyer may then scan the QR code using a smartphone digital camera through operation of a scan feature in the sneaker app, and transmit the requisite funds (e.g., 3 ETH) to the auction site. The seller's sneakers app notifies him/her of the payment; the seller is prompted to agree to a terms of sale and finalize the transaction. The CryptoKick is then transferred from the first party to the address of the second party.; and Para. 0013, receiving, via a server-class (middleware or backend) computer over a distributed computing network from a remote computing node (e.g., a point-of-sale (POS) terminal, a personal computer, a smartphone, etc.), a transaction confirmation indicative of a validated transfer of authentic footwear from a first party to a second party; determining, via the middleware server computer from an encrypted relational database, a unique owner ID code (e.g., a member ID of a cryptocurrency wallet or digital locker) associated with the second party; generating a cryptographic digital asset associated with the article of footwear, the cryptographic digital asset including a digital shoe (e.g., a computer-generated avatar) and a unique digital shoe ID code (e.g., a key and cryptographic token); linking, via the middleware server computer, the cryptographic digital asset with the unique owner ID code; and transmitting, via the middleware server computer to a distributed blockchain ledger (e.g., Bitcoin, Ethereum, Litecoin, etc.), the unique digital shoe ID code and the unique owner ID code for recordation on a transaction block.; and Para. 0017, For any of the disclosed systems, methods, digital assets and footwear, the server-class decentralized system computer may respond to receiving a transaction confirmation by transmitting an electronic notification to the second party with information for accessing the cryptographic digital asset. The server-class computer may subsequently receive, from a handheld personal computing device of the second party, a scanning confirmation verifying a universal product code (UPC) and/or a unique product identifier number (UPIN) corresponding to a make and a model of the footwear has been scanned. Linking the cryptographic digital asset with the unique owner ID code may be executed responsive to receipt of the scanning confirmation. In some applications, the unique digital shoe ID code may include a cryptographic token, and the digital notification sent to the second party may include a unique key with a hashed address to the cryptographic token.)
22. Regarding claim 20, Andon does not explicitly disclose wherein each of the plurality of assets are individually associated with a respective probability of a plurality of probabilities.
However, Hardy teaches wherein each of the plurality of assets are individually associated with a respective probability of a plurality of probabilities, (Para. 0049-0052, In another embodiment, the customization of the sweepstakes assignment interface includes the ability to display in a time-based fashion—past sweepstakes, currently running sweepstakes in which the user is entered, currently running sweepstakes in which the user is not entered, and future scheduled sweepstakes. In another embodiment, the interface may be updated to show the total number of entries in a sweepstakes along with the criteria for when the sweepstakes entry period will end. This enables the player to allocate the entries into a sweepstakes at a time when it might be most advantageous to the player. For example, if a particular sweepstakes automatically draws and renews every time the number of entries reaches 100,000, the player may wait to accumulate 10,000 entries and then allocate them to the sweepstakes. This would give the player a 1 in 10 chance of winning. In another embodiment, the assignment interface enforces operators' rules with regard to either minimum or maximum entries that can be assigned to a sweepstakes by an individual. Enforcing a minimum number of entries establishes a sense of exclusivity with respect to the sweepstakes drawing. Enforcing a maximum number of entries establishes a sense of fairness with respect to the drawing such that a person with a large number of entries cannot “buy” the sweepstakes prize by entering significantly more entries than other entrants. In another embodiment, the sweepstakes assignment interface may list a leader board of players and their sweepstakes entries (assigned, un-assigned or both). In another embodiment, the system may display the total number of un-assigned sweepstakes entries, thus providing another measure of value to the player's sweepstakes entries. If a player has 100,000 un-assigned sweepstakes entries and there are only 1,000,000 total un-assigned entries, then his entries may be considered worth 10% of the entire current prize pool. As one skilled in the art can appreciate, players are competitive with respect to any measure of value.)
One of ordinary skill in the art would have recognized that applying the known technique of Hardy to the known invention of Andon would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate probability features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the article of manufacture to include wherein each of the plurality of assets are individually associated with a respective probability of a plurality of probabilities result in an improved invention because applying said technique ensures that the game can assign specific probabilities and randomness to each asset to ensure fairness throughout the game, thus improving the overall performance of the invention.
23. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Andon et al. (US 20230361998 A1) , in view of Hardy et al. (US 20110092267 A1), in view of Jakobsson et al. (US 20230075884 A1), and further in view of Yantis et al. (US 20220058636 A1).
24. Regarding claim 8, Andon as modified does not explicitly disclose wherein the at least one computing device is further configured to: receive a request to acquire a feature for the particular sweepstakes game according to one of the plurality of terms and conditions; and enable the feature for the particular sweepstakes game automatically according to the one of the plurality of terms and conditions.
However, Yantis teaches wherein the at least one computing device is further configured to: receive a request to acquire a feature for the particular sweepstakes game according to one of the plurality of terms and conditions; and enable the feature for the particular sweepstakes game automatically according to the one of the plurality of terms and conditions, (Para. 0869, The item management system 202 allows a seller of an item to define a virtual representation of an item. In embodiments, the item management system 202 presents a GUI to a user device 190 of the seller that allows the seller to define the attributes of the item. In the case that the item has never been sold on the platform 100, the seller can select an option to add a new item. In response to doing so, the seller may provide an item classification that indicates the type of item (e.g., “shoes,” “pizza,” “photograph,” “movie,” “concert tickets,” “gift card,” and the like) and a name of the item. The seller may then define one or more additional attributes of the item. For example, in embodiments, the seller may provide an item description, media contents associated with the item (e.g., photographs, videos, audio clips, and the like), relevant links (e.g., a link to a website of the seller), a price of the item, restrictions relating to the item (e.g., “US shipping only” or “seller store hours are 10-6”), redemption instructions (e.g., whether in store redemption is allowed, permitted, or mandatory, whether digital assets are downloaded or emailed, whether the items are transferrable, and the like), a number of the item that are available for transaction (e.g., how many units are available), and/or any other suitable attributes. In response to the seller providing the item attributes, the item management system 202 may generate a virtual representation of the item. In embodiments, the virtual representation may be a data record that includes the attributes of the item. In the scenario where the virtual representation was previously defined, the seller may select the previously defined item and may update one or more attributes. For example, the seller may provide additional media contents, may alter the price, and/or may update the number of items that are available. Whether an updated virtual representation or a newly defined virtual representation, the item management system 202 may output the virtual representation to the ledger management system 104, where the ledger management system 104 may tokenize instances of the virtual representation to obtain a set of tokens.
One of ordinary skill in the art would have recognized that applying the known technique of Yantis to the known invention of Andon as modified would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate term and condition features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the system to include wherein the at least one computing device is further configured to: receive a request to acquire a feature for the particular sweepstakes game according to one of the plurality of terms and conditions; and enable the feature for the particular sweepstakes game automatically according to the one of the plurality of terms and conditions result in an improved invention because applying said technique ensures that the game can automatically unlock features based on the terms and conditions, thus improving the overall user convenience of the invention.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Andon et al. (US 20230361998 A1) , in view of Hardy et al. (US 20110092267 A1), in view of Jakobsson et al. (US 20230075884 A1), and further in view of Falco et al. (US 8773435 B2).
26. Regarding claim 11, Andon as modified does not explicitly disclose wherein the particular asset is rendered at a first resolution on the display that is lower than a second native resolution of the particular asset.
However, Falco teaches wherein the particular asset is rendered at a first resolution on the display that is lower than a second native resolution of the particular asset, (Column 4/line 33, In some embodiments, a user may specify a resolution for an image. In other embodiments, the specified resolution may be dictated or determined by other factors, such as the supported resolutions of equipment, such as displays or printers. Rendering 3D artwork at high resolutions may take considerable time and memory resources. Thus, graphics application 100 and/or 3D editor 120 may be configured to temporarily render 3D objects at a resolution lower than the specified resolution. For example, in one embodiment 3D editor 120 may render the 3D scene at a lower resolution, such as at the screen resolution, than a resolution specified by the overall image or document including the 3D artwork. 3D editor 120 may be configured to render 3D artwork using a lower resolution when a user is editing, modifying or otherwise manipulating the 3D artwork. After the user has finished editing the 3D artwork, 3D editor 120 may be configured to render the 3D artwork at the resolution specified for the final image document. Temporarily rendering 3D artwork at a lower resolution may allow 3D editor 120 and/or graphics application 100 to provide better performance and response time, such as when a user is editing 3D artwork. Render the 3D artwork at a high resolution after each change or modification made to the 3D artwork may result in poor performance and the response time. In other words, a user modifying 3D artwork may have to wait an unreasonable amount of time after each modification to see rendered result. Since, users frequently make many small changes when modifying 3D artwork, rendering the 3D artwork at a lower resolution may increase performance and reduce the amount of time a user must wait before seeing the rendered result of each modification.
One of ordinary skill in the art would have recognized that applying the known technique of Falco to the known invention of Andon as modified would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate resolution features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the method to include wherein the particular asset is rendered at a first resolution on the display that is lower than a second native resolution of the particular asset result in an improved invention because applying said technique ensures that there will be a faster display performance by showing a preview of the image first, thus improving the overall performance of the invention.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Distributed Ledger Based Distributed Gaming System (US 20210233351 A1) teaches a distributed gaming system, comprising a server-side node configured to administer transactions for a gambling casino, selling and redeeming chips using a private database, and recording transactions on a distributed ledger using crypto-tokens for a house account, with a token vault wallet that has a unique identifier and private key to track transactions. Customer wallets, intermediary accounts and one-way redemption wallets track transactions on the distributed ledger. Client-side nodes accept token purchase messages and transfer tokens in the ledger and record in the database, accept token-to-chip messages from an intermediary account and transfer tokens on the ledger to the redemption wallet to extinguish and record the exchange, accept chip-to-token messages from an intermediary account and transfer tokens from the vault to the customer account and record the exchange, and accept token-to-fiat messages from an intermediary account and transfer tokens to extinguish, and record the exchange.
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.
In addition to the foregoing, other aspects are described in the claims, drawings, and text. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Davida L. King whose telephone number is (571) 272-4724. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Neha Patel can be reached on (571) 270-1492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.L.K./Examiner, Art Unit 3699
/NEHA PATEL/Supervisory Patent Examiner, Art Unit 3699