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 .
DETAILED ACTION
Status of the Application
The following is a Final Office Action in response to communication received on 4/20/2026. Claims 1-3, 9-13, and 16-26 are pending in this office action. The Information Disclosure Statement (IDS) filed on behalf of this case on 1/14/2026 has been considered by the Examiner.
Response to Amendment
Applicant’s amendments to claims 1-3, 9-13, and 16-20 are acknowledged. Applicant’s addition of new claims 21-26 are acknowledged. Applicant’s cancellation of claims 4-8 and 14-15 are acknowledged.
Response to Arguments
Based on Applicant’s response and amendments the previous 112 f/sixth paragraph interpretations have been withdrawn (see Remarks pages 16-17).
On Remarks pages 17-22 Applicant argues the 101 rejection based on Applicant’s amendments. The Examiner notes that the Examiner has updated the 101 rejection to reflect Applicant’s amendments rendering Applicant’s arguments mostly moot. However the Examiner finds it important to note that in Applicant’s arguments on page 19 with respect to improvements to a computer, the cited section and arguments of paragraph 0177, here this merely discusses an improvement to the business process of creating games, not an improvement to a machine. An improvement to a business process (e.g. the judicial exception itself), is not an improvement to a machine, see MPEP 2106.05(a) cited herein: “However, it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology. For example, in Trading Technologies Int’l v. IBG, 921 F.3d 1084, 1093-94, 2019 USPQ2d 138290 (Fed. Cir. 2019), the court determined that the claimed user interface simply provided a trader with more information to facilitate market trades, which improved the business process of market trading but did not improve computers or technology.”
Therefore the Examiner respectfully disagrees.
In the Remarks Applicant argues Applicant’s amendments with respect to the prior art. The Examiner notes that the prior art rejection has been updated to reflect Applicant’s amendments. See the updated prior art rejection below for how the Examiner interprets the previously cited references and new additional recited references to read on each of Applicant’s claims and combination of elements as now currently amended.
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 1-3, 9-13, and 16-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-3, 9-10, 21-23 recite a process as the claims recite a method. Claims 11-13, 16-18, 24-26 recite a machine as the claims recite a system with processor executing instructions. Claims 19-20 recite an article of manufacture as the claims recite a non-transitory computer readable medium executing instructions.
The claim(s) 1-3, 9-13, and 16-26 recite(s) collecting information, analyzing it, and displaying results based on the collection and analysis, where the results are user generated games.
Collecting information, analyzing it, and displaying results based on the collection and analysis, where the results are user generated games is subject matter related to managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). Managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) is a certain method of organizing human activities.
Certain method of organizing human activities are in the groupings of enumerated abstracts ideas, and hence the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because the claims merely recite limitations that are not indicative of integration into a practical application in that the claims merely recite:
(1) Adding the words “apply it” ( or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)) and (2) Generally linking the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)). Specifically as recited in the claims:
As per claim 1, the claims recite receiving user input in a user interest system and a marketplace system associated with a user account, a user following a template to create a product based on input controls (where here the specific product is a game and the information input includes game settings like quiz type, quiz duration, and answer and answers), generating additional information like an image or logo in response to user input and a template, tagging information with tags related to a category so that it can be related to other information, storing and displaying the above created information, populating the information in a catalogue based on a category (e.g. tag), and suggesting information to another user (account) based on the one or more stored category tags based on an algorithm (e.g. set of rules, as broadly recited herein). These limitations or functions are certain method of organizing human activities and therefore part of the abstract idea.
The additional elements that this received input is from a user interface by a social platform, being performed by software running on a computer (“ one or more software modules including at least a marker template and an image generator, the one or more software modules executable by the one or more processors and configured to”, “via the maker template”, “via the image generator”), the user created game is displayed in “an executable data packet configured for display as an interactive game play interface”, the image created based on user input is by “an artificial intelligence (AI) text to image generator”, and the information is stored in a database merely results in apply it.
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or other computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more.
Further with respect to the additional element that this limitation is being performed by an “artificial intelligence (AI) text to image generator” merely results in apply it. Here there are no details about a particular artificial intelligence (AI) text to image generator or how it operates to derive information other than it being used to generate an image without a file input from a user. The artificial intelligence (AI) text to image generator is used to generally apply the abstract idea without placing any limitation on how the artificial intelligence (AI) text to image generator operates to derive image information. In additional the limitation only recites the idea of generating an image using an artificial intelligence (AI) text to image generator without any details on how this is accomplished. The claim omits any details as to how the artificial intelligence (AI) text to image generator solves a technical problem, and instead recites only the idea of a solution or outcome. Also the claim invokes a generic artificial intelligence (AI) text to image generator merely as a tool or marking the determination rather than purporting to improve the computer or technology. This can also be viewed as nothing more than an attempt to generally link the use of the judicial exception to the technological environment of computers (additionally see USPTO examples 47-48)
Further the above additional elements merely results in generally linking it to the field of computers.
It is noted that “without file upload from a user computing device” is a negative limitation that does not require a user computing device to perform any limitation (in fact it specifically requires no computing device) therefore this is not an additional element in the claim, and function that this is being performed by an image generator has been addressed above.
As per claim 2, the claims recite user generated content is displayed and accessed via a user account. These are certain method of organizing human activities specifically generating and storing content in for example a log or storage as broadly recited in the claim. This is part of the abstract idea.
The additional element that this is recited as being performed by software running on a computer (specifically “the marker template”) merely results in apply or generally linking it to the field of computers as discussed above in claim 1.
As per claim 3, the claims list alternatives of user interests. These are all methods of organizing human activities as these are all alternatives that could be performed by selection, therefore this is part of the abstract idea. There are no additional elements beyond those previously discussed in the preceding claims.
As to Applicant’s amendments on 4/20/2026 the claims recite generating a custom avatar and saving it for later use in various contexts in for example a game ready format or a two dimensional format, which again as broadly recited herein is method of organizing human activities, specifically saving a created game piece like an avatar for later use across various formats. The additional elements that the aviator is “for active gameplay on the social platform” and “for profile and social display contexts on the social platform” merely recite intended use therefore do not limit claim scope (see MPEP 2111.04), and therefore do not result additional elements that result in a practical application and or significantly more. Even if these were to limit claim scope which the Examiner does not contend as above, these additional elements would merely link the use of the method of organizing human activity, specifically saving a created game piece like an avatar for later use across various formats, to the field of computers, specifically online gaming.
As per claim 9, the claims recite methods of organizing human activities in that the claims recite generating a fantasy sports league, where a user can create a league, loading sports data from a source, suggesting a league roster comprising a plurality of players at a plurality of positions based on the sports data and where the plurality of players are organized by position, receiving input from a user regarding creating a league like a league name, a text prompt for a league cover, and one or more player selections, generating a league cover based on user input, suggesting league roster and a salary cap display, wherein the salary cap display updates with each user selection of a player to reflect a user budget, and saving the team upon determining that all required positions are filled and that the user budget has not been exceed. This is part of the abstract idea.
The additional elements that this sports data information is received from an “application programming interface (API)”, the suggestions are done “automatically”, information is input into and displayed in an “interface”, and performed by software running on a computer (see “league creator”, “the league creator comprising software instructions executable by one or more processors configured to perform operations comprising”), merely results in apply it.
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or other computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more.
Further these additional elements merely results in generally linking it to the field of computers.
Further the additional element that the league cover is created by an “AI text to image generator” merely results in apply it or generally linking it to the field of computers as discussed above in claim 1.
It is noted that “without file upload from a user computing device” is a negative limitation that does not require a user computing device to perform any limitation (in fact it specifically requires no computing device) therefore this is not an additional element in the claim, and function that this is being performed by an image generator has been addressed above in claim 1.
As per claim 10, the claims recite certain methods of organizing human activity of specifically a human could create a roster with information regarding cost, position and budget. Further as amended it is a method of organizing human activity to add a player to a custom team and calculate a salary cap based on the one or more players selected and the in game cost and display the resulting information. This is part of the abstract idea.
The additional element that the display and information is input in an “interface” and the calculations are being performed “automatically” has been addressed above in at least claim 9.
As per claim 11, recite receiving user input in a user interest system and a marketplace system, a user following a template to create a product (where here the specific product is a game), loading sports information from a location or source, suggesting a league roster comprising a plurality of players at a plurality of positions based on the sports data loaded from the a location or source, where players are organized by position, receiving user input comprising a league name, a text prompt for the fantasy league cover, and one or more player suggestions, generating additional information like an image in response to user input and a template, displaying a roster comprising suggested league roster and a salary cap display, wherein the salary cap display updates with each user selection of a player to reflect a user budget, save a team upon determining that all positions are filled and the user budget has not been exceeded, generate user interest based on input, tagging information with tags related to a category so that it can be related to other information, storing and displaying the above created information, and suggesting information to another based on the one or more stored category tags (categories) based on an algorithm (a set of rules as broadly recited herein). These limitations or functions are certain method of organizing human activities and therefore part of the abstract idea.
The additional elements that this received input is from a user interface by a social platform, being performed by software running on a computer (“ the one or more software modules including at least a league creator and an image creator, the one or more software modules, configured to:” , “via league creator”), information is received from an “API”, the image created based on user input is by “an artificial intelligence (AI) text to image generator”, the information is stored in a database, and limitations are being performed “automatically” merely results in apply it.
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or other computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more.
Further with respect to the additional element that this limitation is being performed by an “artificial intelligence (AI) text to image generator” merely results in apply it. Here there are no details about a particular artificial intelligence (AI) text to image generator or how it operates to derive information other than it being used to generate an image without an uploaded file. The artificial intelligence (AI) text to image generator is used to generally apply the abstract idea without placing any limitation on how the artificial intelligence (AI) text to image generator operates to derive image information. In additional the limitation only recites the idea of generating an image using an artificial intelligence (AI) text to image generator without any details on how this is accomplished. The claim omits any details as to how the artificial intelligence (AI) text to image generator solves a technical problem, and instead recites only the idea of a solution or outcome. Also the claim invokes a generic artificial intelligence (AI) text to image generator merely as a tool or marking the determination rather than purporting to improve the computer or technology. This can also be viewed as nothing more than an attempt to generally link the use of the judicial exception to the technological environment of computers (additionally see USPTO examples 47-48)
Further the additional elements merely results in generally linking it to the field of computers.
It is noted that “without file upload from a user computing device” is a negative limitation that does not require a user computing device to perform any limitation (in fact it specifically requires no computing device) therefore this is not an additional element in the claim, and function that this is being performed by an image generator has been addressed above.
As per claim 12, the claims recite certain method of organizing human activity. Specifically a user can follow a template to create a game, a user can provide input, generate a game based on input, where the game comprises user selected game settings (like quiz type, quiz duration, and question and answers), generate an original game cover based on user input, tag the original game with tags related to a category to suggest the games to others, store the original game, cover, and tags in a data store, populate a game category with the game based on categories (one or more tags), and suggest the user interest to one or more of the plurality of user accounts based on the one or more tags. This is part of the abstract idea.
The additional elements that this is being performed by software running on a computer on a social platform (“wherein the one or more modules comprises a maker template, the market template configured to:”, via the market template, via the image generator), displaying information in “an executable data packet configured for display as an interactive game play interface”, the data store is a “database”, and the cover is created by an “AI text to image generator” merely results in apply it or generally linking it to the field of computers as previously discussed above.
As per claim 13, the claims recite as amended as specific type of game a user can generate which is as recited is a trivia game, which is a method of organizing human activities and therefore part of the abstract idea. There are no additional elements beyond those previously discussed in the above claims.
As per claim 16, the claims recite methods of organizing human activity specifically a human could create a roster interface with information regarding cost, position and budget. Further it is a method of organizing human activities as amended of adding a player to a custom team and displaying the salary cap based on the one or more players selected. This is part of the abstract idea.
The additional element that information is displayed and input in an “interface” and information is being performed “automatically” as previously discussed in the previous claims merely apply it or generally linking it to the field of computers.
As per claim 17, the claims recite certain methods of organizing human activities of purchasing information via one of several marketplaces, which is a social platform. Further it is a method of organizing human activity to purchase via a platform digital goods, physical goods, or sponsor related goods. Further it is a certain method of organizing human activity to store information related to the user, including one or more of game tags interacted with by the user, scores achieved by the user by the interest tag, time spent on individual games, purchase history, social connections, and where this information is generated or stored by an algorithm (a set of rules as broadly recited herein). This is all part of the abstract idea.
There are no additional elements beyond those previously discussed above.
As per claim 18, the claims recite certain method of organizing human activity of generating rewards based on interaction in a social platform, where the specific interaction comprises one or more of creating user generated content using the user interest system, completing challenges, participating in competitions, and engaging with games on the social platform and use the rewards to purchase information in a marketplace. This is part of the abstract idea. There are no additional elements beyond those previously discussed above.
As per claim 19, the claims recite receiving user input in a user interest system and a marketplace system, a user following a template to create a product (where here the specific product is a game including game settings like quiz type, quiz duration, and question and answers), generating additional information like an image in response to user input and a template, tagging information with tags related to a category so that it can be related to other information, populating a game catalogue with user interest based on categories (tags), storing and displaying the above created information, and suggesting information to another based on the one or more stored category tags based on an algorithm (a set of rules as broadly recited herein). These limitations or functions are certain method of organizing human activities and therefore part of the abstract idea.
The additional elements that this received input is from a user interface by a social platform, being performed by software running on a computer (“ a non-transitory machine-readable storage medium including instructions that, when executed by a machine, cause the machine to perform operations comprising”, “ one or more software modules including at least a marker template and an image generator, the one or more software modules executable by the one or more processors and configured to”, “via the maker template”, “via the image generator”), the user created game is displayed in “an executable data packet configured for display as an interactive game play interface”, the image created based on user input is by “an artificial intelligence (AI) text to image generator”, and the information is stored in a database merely results in apply it.
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or other computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more.
Further with respect to the additional element that this limitation is being performed by an “artificial intelligence (AI) text to image generator” merely results in apply it. Here there are no details about a particular artificial intelligence (AI) text to image generator or how it operates to derive information other than it being used to generate an image without a file upload from a user computing device. The artificial intelligence (AI) text to image generator is used to generally apply the abstract idea without placing any limitation on how the artificial intelligence (AI) text to image generator operates to derive image information. In additional the limitation only recites the idea of generating an image using an artificial intelligence (AI) text to image generator without any details on how this is accomplished. The claim omits any details as to how the artificial intelligence (AI) text to image generator solves a technical problem, and instead recites only the idea of a solution or outcome. Also the claim invokes a generic artificial intelligence (AI) text to image generator merely as a tool or marking the determination rather than purporting to improve the computer or technology. This can also be viewed as nothing more than an attempt to generally link the use of the judicial exception to the technological environment of computers (additionally see USPTO examples 47-48)
Further the additional elements merely results in generally linking it to the field of computers.
It is noted that “without file upload from a user computing device” is a negative limitation that does not require a user computing device to perform any limitation (in fact it specifically requires no computing device) therefore this is not an additional element in the claim, and function that this is being performed by an image generator has been addressed above.
As per claim 20, the claims list alternatives of user interests. These are all methods of organizing human activity as these can be performed by selection, therefore this is a method of organizing human activities and therefore part of the abstract idea. There are no additional elements beyond those previously discussed in the preceding claims.
As to Applicant’s amendments on 4/20/2026 the claims recite generating a custom avatar and saving it for later use in various contexts in for example a game ready format or a two dimensional format, which again as broadly recited herein is a method of organizing human activities, therefore part of the abstract idea.
The additional elements that the aviator is “for active gameplay on the social platform” and “for profile and social display contexts on the social platform” merely recite intended use therefore do not limit claim scope, and therefore do not result in a practical application and or significantly more. Even if these were to limit claim scope which the Examiner does not contend as above, these additional elements would merely link the use of the method of organizing human activity, specifically saving a created game piece like an avatar for later use across various formats, to the field of computers, specifically online gaming.
As per claim 21, the claims recite methods of organizing human activity of allowing a user to associate a user created product with tags ( related categories) for the product, maintaining a list of tags allowing to activate and deactivate a tag within a library (record or log), presenting tags from the library for display to a user during creation of the user interest, receiving a user selection of one or more of the tags (Categories), storing the user selection in a data store, and executing a suggestion algorithm (set of rules as broadly recited herein) to provide information to other users (accounts) based on one or more of collected data including the user selected tags associated with the user interest, games based by the user by interest, scores achieved by the user by the interest tag, time spent by the user on individual games, user transaction history, and social connections (Friends) of the user. This is part of the abstract idea.
The additional elements that the library is maintained “via a server side administrator interface”, user selection of the tags is by “a client side tag picker interface” and the data store is a database merely results in apply it.
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or other computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more.
Further the additional elements merely results in generally linking it to the field of computers.
As per claim 22, the claims recite methods of organizing human activity of sending a game invitation by a social platform to one or more users, initiating a multiple game session upon acceptance of the multiplayer game invitation by at least one invited user, displaying in real time during the multiplayer game session, a live scoreboard reflecting current scores of each participating user, generating upon completion of the multiplayer game session, a winner certificate identifying a winning user based on final score, and sending to each participating user, a rematch invitation configured to reinitiate the multiplayer game session. This is part of the abstract idea.
The additional element the invitation is sent “via at least one of an in-platform notification or a short message service (SMS) message” merely results in apply it.
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or other computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more.
Further the additional elements merely results in generally linking it to the field of computers.
As per claim 23, the claims recite methods of organizing human activity of an administrator (merchant) controls to manage a specific type or types (e.g. brand) of the gaming information created by users. Or more specifically as recited in the claims a merchant space configured to provide a brand entity with access to a control panel within the social platform, the merchant space enabling the brand entity to create and manage a branded environment within the social platform, wherein the branded environment comprises: one or more branded games generates using a template based game creation system, wherein the one or branded created interactive games are generated based on user input to the template based game creation system, one or more visual assets generated, promotional content associated with the brand entity, one or more product displays or goods representations associated with the brand entity; and brand specific rewards or incentives configured to be distributed to suers based on user interaction with the branded environment, and wherein the branded environment is integrated into the social platform such that one or more branded created interactive games and the brand specific rewards are tagged with one or more tags from a governed library, and wherein the branded environment and its contents are surfaced to users via the suggestion algorithm ( a set of rules as broadly recited herein). This is part of the abstract idea.
The additional element that the environment is “virtual” , limitations are being performed by software running on a computer “image generator”, and information is being processed or input via an “interface” merely results in apply It or generally linking it to the field of computers.
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or other computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more.
Further the additional elements merely results in generally linking it to the field of computers.
Further the limitation of “without file uploaded from a merchant computing device” has previously been addressed above in claim 1.
As per claim 24, the claims recite certain methods of organizing human activity of allowing a user to associate a user created product with tags ( related categories) for the product, maintaining a list of tags allowing to activate and deactivate a tag within a library (record or log), presenting tags from the library for display to a user during creation of the user interest, receiving a user selection of one or more of the tags (Categories), storing the user selection in a data store, and executing a suggestion algorithm (set of rules as broadly recited herein) to provide information to other users (accounts) based on one or more of collected data including the user selected tags associated with the user interest, games based by the user by interest, scores achieved by the user by the interest tag, time spent by the user on individual games, user transaction history, and social connections (Friends) of the user. This is part of the abstract idea.
The additional elements that the library is maintained “via a server side administrator interface”, user selection of the tags is by “a client side tag picker interface” and the data store is a database merely results in apply it.
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or other computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more.
Further the additional elements merely results in generally linking it to the field of computers.
As per claim 25, the claims recite methods of organizing human activity of sending a game invitation by a social platform to one or more users, initiating a multiple game session upon acceptance of the multiplayer game invitation by at least one invited user, displaying in real time during the multiplayer game session, a live scoreboard reflecting current scores of each participating user, generating upon completion of the multiplayer game session, a winner certificate identifying a winning user based on final score, and sending to each participating user, a rematch invitation configured to reinitiate the multiplayer game session. This is part of the abstract idea.
The additional element the invitation is sent “via at least one of an in-platform notification or a short message service (SMS) message” merely results in apply it.
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or other computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more.
Further additional elements merely results in generally linking it to the field of computers.
As per claim 26, the claims recite methods of organizing human activity of an administrator (merchant) controls to manage a specific type or types (e.g. brand) of the gaming information created by users. Or more specifically as recited in the claims a merchant space configured to provide a brand entity with access to a control panel within the social platform, the merchant space enabling the brand entity to create and manage a branded environment within the social platform, wherein the branded environment comprises: one or more branded games generates using a template based game creation system, wherein the one or branded created interactive games are generated based on user input to the template based game creation system, one or more visual assets generated, promotional content associated with the brand entity, one or more product displays or goods representations associated with the brand entity; and brand specific rewards or incentives configured to be distributed to suers based on user interaction with the branded environment, and wherein the branded environment is integrated into the social platform such that one or more branded created interactive games and the brand specific rewards are tagged with one or more tags from a governed library, and wherein the branded environment and its contents are surfaced to users via the suggestion algorithm ( a set of rules as broadly recited herein). This is part of the abstract idea.
The additional element that the environment is “virtual” , limitations are being performed by software running on a computer “image generator”, and information is being processed or input via an “interface” merely results in apply It or generally linking it to the field of computers.
Specifically here the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g. to receive, store or transmit data) or simply adding a general purpose computer or other computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more.
Further the additional elements merely results in generally linking it to the field of computers.
Further the limitation of “without file uploaded from a merchant computing device” has previously been addressed above in claim 1.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims merely recite limitations that are not indicative of an inventive concept (“significantly more”) in that the claims merely recite: (1) Adding the words “apply it” ( or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)) and (2) Generally linking the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)), as detailed above under the practical application step.
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.
Claim(s) 1-3, 19-20, 21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Miller (United States Patent Application Publication Number: US 2013/0303268) further in view of Siani Cohen (United States Patent Application Publication Number: US 2020/0380060).
As per claim 1, Miller teaches A computer-implemented method comprising: (see abstract, Examiner's note: method of a game platform).
providing a user interface by a social platform to generate personalized entertainment content, (see Figure 3, Examiner's note: computer interfaces).
the social platform comprising a plurality of user accounts, (see paragraphs
0017-0018, Examiner's note: user accounts).
a user interest system, (see paragraphs 0021-0023, and 0055-0056 Examiner's
note: teaches a user interface with drafting and tracking performance).
and a marketplace system, (see paragraphs 0021, 0023, Examiner's note:
drafting based and performance based on points).
the user interest system comprising one or more software modules including at least a maker template and an image generator, the one or more software modules executable by one or more processors and configured ( see paragraphs 0006 and 0016, Examiner's note: teaches software running on a computer to perform operations).
to present a plurality of input controls for generating one or more user interests by the social platform; receiving user input from a user associated with a user account via the plurality of input controls; (see Figures 4-24, Examiner's note: these various interfaces teach user interactions the user can have with the gaming system to show interest in created leagues or create new leagues to perform fantasy sports (Figures 4-24 ).
displaying, via the maker template, a game creating template comprising a plurality of game creation input controls for receiving user-selected game settings; receiving, via the maker template, user input comprising one or more of a quiz type, a quiz duration, and one or more user-generated questions and answers; (see Figure 6, Examiner’s note: the Examiner interprets one of a quiz type, a quiz duration, and one or more user generated questions and answers to be required by the claims, Figure 6 shows user input regarding question and answers as broadly recited in the claim in at least reference characters 609, 610, 611-612, thereby meeting the requirements of the claim. Here in these recited references characters provide information (answers) about the specific team (game) creation).
generating a user interest based on the user input, wherein generating the user interest comprises compiling the user-selected game settings and user input into an executable data packet configured for display as an interactive game play interface; (see Figure 6, Examiner’s note: reference characters 609, 610, 611, and 612 which are links to particulars about the game are generated and provided on the user display).
generating, via the image generator, an original game cover based on user input (see paragraph 0068 and Figure 6, Examiner’s note: team picture reference character 602).
tagging the user interest with one or more tags, each tag comprising a category configured for use in a suggestion algorithm; populating a game catalogue with the user interest based on the one or more tags; storing the user interest and the one or more tags in a database; displaying the user interest on the social platform; and suggesting the user interest to one or more of the plurality of user accounts based on the one or more tags (see paragraphs 0038 and 0016- 0017, Examiner's note: filters for providing information of interest to a user (See paragraph 0038), where information may be stored in databases (see paragraphs 0016- 0017)).
Miller does not expressly teach (1) generating an image based on user input to an artificial intelligence (AI) text-to-image generator, wherein the original game cover is generated without file upload from a user computing device.
However, Siani Cohen et al. which is in the art of online computer design, editing, and manipulation (see paragraphs 0003-0005) teaches (1) generating an image based on user input to an artificial intelligence (AI) text-to-image generator, wherein the original game cover is generated without file upload from a user computing device (see paragraphs 0202-0203 and 0251-0253, Examiner’s note: teaches logo creation where information for the logo does not have to come from the user device).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Miller with the aforementioned teachings from Siani Cohen et al. with the motivation of using a known tool of AI to generate a logo for a user (see Siani Cohen et al. paragraphs 0202-0203 and 0251-0253), when a user using a logo for a team is known in the system of Miller (Figure 6 and paragraph 0068).
As per claim 2, Miller teaches
wherein the one or more user interests comprise user-generated content an original game generated by the maker template that is displayed and accessed via the user account. (see paragraphs 0017-0018 and 0033- 0034, Examiner's note: teaches providing and displaying information related to user accounts).
As per claim 3, Miller teaches
wherein the one or more user interests comprise one or more of an original game, a fantasy sports league, a custom avatar, trophies, badges, last-played game, most-played games, game catalogues, social connections, affiliations, and brands, (see paragraph 0001 and 0003, Examiner's note: teaches fantasy sports, it is noted only one is required by the claims).
wherein generating the user interest further comprising generating the custom avatar based on user input and saving the custom avatar in a first file comprising a game-ready format for active gameplay on the social platform and a second file comprising a two-dimensional format for profile and social display contexts on the social platform (see paragraph 0068, Examiner’s note: team picture that can be saved (reference character 614) and this is used to display information about a particular user or team and further Figures 11 -13, 15, 21 show the logo Flacoo Seagulls logo).
As per claim 19, Miller teaches A non-transitory machine-readable storage medium including instructions that, when executed by a machine, cause the machine to perform operations comprising: (see paragraphs 0004-0005, 0016, and
claim 25, Examiner's note: software running on a computer to perform
operations).
providing a user interface by a social platform to generate personalized entertainment, (see Figure 3, Examiner's note: computer interfaces).
the social platform comprising a plurality of user accounts, (see paragraphs
0017-0018, Examiner's note: user accounts).
a user interest system, (see paragraphs 0021-0023, and 0055-0056 Examiner's
note: teaches a user interface with drafting and tracking performance).
and a marketplace system, (see paragraphs 0021, 0023, Examiner's note:
drafting based and performance based on points).
the user interest system comprising one or more software modules including at least a maker template and an image generator, the one or more software modules executable by one or more processors and configured to (see paragraphs 0006 and 0016, Examiner's note: teaches software running on a computer to perform operations).
present a plurality of input controls for generating one or more user interests by the social platform; receiving user input from a user associated with a user account via the plurality of input controls; (see Figures 4-24, Examiner's note: these various interfaces teach user interactions the user can have with the gaming system to show interest in created leagues or create new leagues to perform fantasy sports).
displaying, via the maker template, a game creating template comprising a plurality of game creation input controls for receiving user-selected game settings;
receiving, via the maker template, user input comprising one or more of a quiz type, a quiz duration, and one or more user generated questions and answers; (see Figure 6, Examiner’s note: the Examiner interprets one of a quiz type, a quiz duration, and one or more user generated questions and answers to be required by the claims, Figure 6 shows user input regarding question and answers as broadly recited in the claim in at least reference characters 609, 610, 611-612, thereby meeting the requirements of the claim. Here in these recited references characters provide information (answers) about the specific team (game) creation).
generating a user interest based on the user input, wherein generating the user interest comprises compiling the user-selected game settings and user input into an executable data packet configured for display as an interactive game interface; (see Figure 6, Examiner’s note: reference characters 609, 610, 611, and 612 which are links to particulars about the game are generated and provided on the user display).
generating, via the image generator, an original game cover based on user input (see paragraph 0068 and Figure 6, Examiner’s note: team picture reference character 602).
tagging the user interest with one or more tags, each tag comprising a category configured for use in a suggestion algorithm; populating a game catalogue with the user interest based on the one or more tags; storing the user interest and the one or more tags in a database; suggesting the user interest to one or more of the plurality of user accounts based on the one or more tags; and displaying the user interest on the social platform. (see paragraphs 0038 and 0016- 0017, Examiner's note: filters for providing information of interest to a user (See paragraph 0038), where information may be stored in databases (see paragraphs 0016- 0017)).
Miller does not expressly teach (1) generating an image based on user input to an artificial intelligence (AI) text-to-image generator without file upload from a user computing device;
However, Siani Cohen et al. which is in the art of online computer design, editing, and manipulation (see paragraphs 0003-0005) teaches (1) generating an image based on user input to an artificial intelligence (AI) text-to-image generator, wherein the original game cover is generated without file upload from a user computing device (see paragraphs 0202-0203 and 0251-0253, Examiner’s note: teaches logo creation where information for the logo does not have to come from the user device).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Miller with the aforementioned teachings from Siani Cohen et al. with the motivation of using a known tool of AI to generate a logo for a user (see Siani Cohen et al. paragraphs 0202-0203 and 0251-0253), when a user using a logo for a team is known in the system of Miller (Figure 6 and paragraph 0068).
As per claim 20, Miller teaches
wherein the one or more user interests comprise one or more of an original game, a fantasy sports league, a custom avatar, trophies, badges, last-played game, most-played games, game catalogues, social connections, affiliations, and brands, (see
paragraph 0001 and 0003, Examiner's note: teaches fantasy sports, it is noted only one
is required by the claims).
and wherein generating the user interest further comprising generating the custom avatar based on user input and saving the custom avatar in a first file comprising a game-ready format for active gameplay on the social platform and a second file comprising a two- dimensional format for profile and social display contexts on the social platform. (see paragraph 0068, Examiner’s note: team picture that can be saved (reference character 614) and this is used to display information about a particular user or team and further Figures 11 -13, 15, 21 show the logo Flacoo Seagulls logo).
As per claim 21, Miller teaches
wherein suggesting the user interest to one or more of the plurality of user accounts based on the one or more tags comprises: maintaining, via a server-side administrator interface, a tag library comprising a plurality of tags, wherein the server-side administrator interface is configured to activate and deactivate individual tags within the tag library; presenting, via a client-side tag picker interface, only the activated tags from the tag library to the user during creation of the user interest; receiving a user selection of one or more tags from the activated tags; storing the user selection as user-selected tags in association with the user interest in the database; and executing the suggestion algorithm based on one or more of: the user-selected tags associated with the user interest, games played by the user by interest tag, scores achieved by the user by interest tag, time spent by the user on individual games, user transaction history, and social connections of the user, wherein the suggestion algorithm surfaces the user interest to other user accounts having matching tag selections. (see paragraphs 0038 and 0016- 0017, Examiner's note: filters for providing information of interest to a user (See paragraph 0038), where this search is based on available leagues (reading on the activate or deactivated tags (see paragraphs 0036-0038) or alternatively filtering out for example by type as one of the filters shown in paragraph 0038, if a user filtered for example to basketball other tags like football would be deactivated for information shown to the user), where information may be stored in databases (see paragraphs 0016- 0017)).
As per claim 23, Miller teaches
further comprising a merchant interface configured to provide a brand entity with access to a control panel within the social platform, the merchant interface enabling the brand entity to create and manage a branded virtual environment within the social platform, wherein the branded virtual environment comprises: (see paragraph 0044, Examiner’s note; once the teams have been created and the league has been formed and filled out, the league and or teams may be made available for management. Management may be conducted by a team manager, a league manager, a system operator, or another entity or automatically by one or more software modules, this is interpreted as a merchant interface enabling the brand entity to create and manage a branded virtual environment (e.g. a league or team)).
one or more brand-created games generated using a template-based game creation system, wherein the one or more brand-created interactive games are generated based on user input to the template-based game creation system; (see Figures 4-24, Examiner's note: these various interfaces teach user interactions the user can have with the gaming system to show interest in created leagues or create new leagues to perform fantasy sports (Figures 4-24).
one or more visual assets generated using user input; promotional content associated with the brand entity; one or more product displays or virtual goods representations associated with the brand entity; (see paragraph 0068 and Figure 6, Examiner’s note: team picture reference character 602).
and brand-specific rewards or incentives configured to be distributed to users based on user interaction within the branded virtual environment; (see paragraphs 0023 and 0055-0056, Examiner's note: earning points based on participation in the system).
wherein the branded virtual environment is integrated into the social platform such that the one or more brand-created interactive games and the brand-specific rewards are tagged with one or more tags from a governed tag library, and wherein the branded virtual environment and its contents are surfaced to users via the suggestion algorithm. (see paragraphs 0038 and 0016- 0017, Examiner's note: filters for providing information of interest to a user (See paragraph 0038), where information may be stored in databases (see paragraphs 0016- 0017)).
Miller does not expressly teach (1) generating an image based on the image generator, wherein the one or more visual assets are generated without file upload from a merchant computing device.
However, Siani Cohen et al. which is in the art of online computer design, editing, and manipulation (see paragraphs 0003-0005) teaches (1) generating an image based on the image generator, wherein the one or more visual assets are generated without file upload from a merchant computing device. (see paragraphs 0202-0203 and 0251-0253, Examiner’s note: teaches logo creation where information for the logo does not have to come from the user device).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Miller in view of Siani Cohen et al. with the aforementioned teachings from Siani Cohen et al. with the motivation of using a known tool of AI to generate a logo for a user (see Siani Cohen et al. paragraphs 0202-0203 and 0251-0253), when a user using a logo for a team is known in the system of Miller (Figure 6 and paragraph 0068).
Claim(s) 9-12, 16-18, 24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Miller (United States Patent Application Publication Number: US 2013/0303268) further in view of Siani Cohen (United States Patent Application Publication Number: US 2020/0380060) further in view of Fleming (United States Patent Application Publication Number: US 2010/0210330).
As per claim 9, Miller teaches
wherein the user interest system comprises a league creator, the league creator configured for generating a fantasy sports league by the social platform based on sports data loaded from an application programming interface (API), (see paragraphs 0026-
0029, Examiner's note: leagues can be created by the user or the user).
The league creator comprising software instructions executable by one or more processors configured to perform operations comprising: (see Figures 8-20, Examiner's note: these GUI interfaces teach customized by the user roster information).
loading the sports data from the API; automatically suggesting, via the league creator, a league roster comprising a plurality of players at a plurality of positions based on the sports data, wherein the plurality of players are organized by position; (see paragraph 0021 and 0025-0026, Examiner's note: teaches draft positions may be determined based on previous data, e.g. information in the system. Further teaches receiving information from another system to perform the fantasy sports on a real team).
receiving, via the league creator, user input comprising one or more of a league name, a text prompt for the fantasy league cover, and one or more player selections; (see Figure 6 and 9, Examiner’s note: team name (figure 6), team picture change/remove (figure 6), and adding players n Figure 9. While multiple have been shown only one is required by the claims).
generating a fantasy league cover based on user input(see Figure 6 and paragraph 0068, Examiner’s note: team name (figure 6) and corresponding reference character 602)).
Miller does not expressly teach (1) generating an image based on user input to the AI text-to-image generator, wherein the fantasy league cover is generated without file upload from the user computing device and (2) displaying a roster customization interface comprising the automatically suggested league roster and a salary cap display, wherein the salary cap display updates automatically with each user selection of a player to reflect a user budget; and activating a save team control upon determining that all required positions are filled and the user budget has not been exceeded.
However, Siani Cohen et al. which is in the art of online computer design, editing, and manipulation (see paragraphs 0003-0005) teaches (1) generating an image based on user input to an artificial intelligence (AI) text-to-image generator, wherein the original game cover is generated without file upload from a user computing device (see paragraphs 0202-0203 and 0251-0253, Examiner’s note: teaches logo creation where information for the logo does not have to come from the user device).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Miller with the aforementioned teachings from Siani Cohen et al. with the motivation of using a known tool of AI to generate a logo for a user (see Siani Cohen et al. paragraphs 0202-0203 and 0251-0253), when a user using a logo for a team is known in the system of Miller (Figure 6 and paragraph 0068).
Miller in view of Siani Cohen et al. does not expressly teach (2) displaying a roster customization interface comprising the automatically suggested league roster and a salary cap display, wherein the salary cap display updates automatically with each user selection of a player to reflect a user budget; and activating a save team control upon determining that all required positions are filled and the user budget has not been exceeded.
However, Fleming which is in the art of fantasy sports (see abstract) teaches (2) displaying a roster customization interface comprising the automatically suggested league roster and a salary cap display, wherein the salary cap display updates automatically with each user selection of a player to reflect a user budget; and activating a save team control upon determining that all required positions are filled and the user budget has not been exceeded. (see Figures 3, 5 and paragraphs 0069-0070, Examiner’s note: teaches showing remaining salary, going into the roster is full where a roster can require certain positions, not allowing a salary cap to be exceeded, and then once a roster is completed allowing it to be adjusted up into the time of the first game (e.g. saved)).
Before the effective filing date of the claimed invention it would have been obvious to have modified Miller in view of Siani Cohen et al. with the aforementioned teachings from Fleming with the motivation of providing a known way to select a roster for a sports team (see Fleming Figures 3, 5 and paragraphs 0069-0070), when selecting players for a sports fantasy team is known (see Miller Figure 9)
As per claim 10, Miller teaches
wherein the roster customization interface comprises the plurality of players at the plurality of positions organized by position the roster customization interface configured to receive a user selection of one or more players, (see Figures 8-20,
Examiner's note: these GUI interfaces teach customized by the user roster information).
Miller in view of Siani Cohen et al. does not expressly teach (1) and in-game cost of adding a player of the plurality of players to a custom team and (2) wherein salary cap display is automatically calculated based on the one or more players selected and the in-game cost and displayed on the roster customization interface.
However, Fleming which is in the art of fantasy sports (see abstract) teaches (1) and in-game cost of adding a player of the plurality of players to a custom team and (2) wherein salary cap display is automatically calculated based on the one or more players selected and the in-game cost and displayed on the roster customization interface. (see Figures 3, 5 and paragraphs 0069-0070, Examiner’s note: teaches showing remaining salary, going into the roster is full where a roster can require certain positions, not allowing a salary cap to be exceeded, and then once a roster is completed allowing it to be adjusted up into the time of the first game (e.g. saved)).
Before the effective filing date of the claimed invention it would have been obvious to have modified Miller in view of Siani Cohen et al. with the aforementioned teachings from Fleming with the motivation of providing a known way to select a roster for a sports team (see Fleming Figures 3, 5 and paragraphs 0069-0070), when selecting players for a sports fantasy team is known (see Miller Figure 9)
As per claim 11, Miller teaches A system comprising: (see abstract,
Examiner's note: system that enables operation of a game).
a memory comprising instructions; and one or more processors, wherein the instructions, when executed by the one or more processors, cause the system to perform operations comprising: (see paragraphs 0004-0005 and 0016, Examiner's
note: software running on a computer to perform operations).
provide a user interface by a social platform to generate personalized entertainment, (see Figure 3, Examiner's note: computer interfaces).
the social platform comprising a plurality of user accounts, (see paragraphs
0017-0018, Examiner's note: user accounts).
a user interest system, (see paragraphs 0021-0023, and 0055-0056 Examiner's
note: teaches a user interface with drafting and tracking performance).
and a marketplace system, (see paragraphs 0021, 0023, Examiner's note:
drafting based and performance based on points).
the user interest system comprising one or more software modules, the one or more software modules including at least a league creator and an image generator, the one or more software modules configured to(see paragraphs 0004-0005 and 0016, Examiner's note: software running on a computer to perform operations).
present a plurality of input controls for generating one or more user interests by the social platform; receive user input from a user associated with a user account via the plurality of input controls; load sports data from an application programming interface (API) via the league creator; (see Figures 4-24 and paragraphs 0025-0026, Examiner's note: these various interfaces teach user interactions the user can have with the gaming system to show interest in created leagues or create new leagues to perform fantasy sports (Figures 4-24). Further teaches receiving sports data via a file transfer from another data provider (see paragraphs 0025-0026)).
automatically suggest, via the league creator, a league roster comprising a plurality of players at a plurality of positions based on the sports data loaded from the API, wherein the plurality of players are organized by position; (see paragraph 0021, Examiner's note: teaches draft positions may be determined based on previous data, e.g. information in the system).
receive, via the league creator, user input comprising one or more of a league name, a text prompt for the fantasy league cover, and one or more player selections; (see Figure 6 and 9, Examiner’s note: team name (figure 6), team picture change/remove (figure 6), and adding players n Figure 9. While multiple have been shown only one is required by the claims).
generate a fantasy league cover based on user input (see paragraph 0068 and Figure 6, Examiner’s note: team picture reference character 602).
display a roster customization interface comprising the automatically suggested league roster (see paragraph 0021, Examiner's note: teaches draft positions may be determined based on previous data, e.g. information in the system).
generate a user interest based on the user input; (see Figures 4-24 and paragraphs 0016-0017, Examiner's note: these various interfaces teach user interactions the user can have with the gaming system to show interest in created leagues or create new leagues to perform fantasy sports (Figures 4-24). Further teaches storing information in databases (see paragraphs 0016-0017)).
tag the user interest with one or more tags, each tag comprising a category configured for use in a suggestion algorithm; store the user interest and the one or more tags in a database; display the user interest on the social platform; and suggest the user interest to one or more of the plurality of user accounts based on the one or more tags. (see paragraphs 0038 and 0016-0017, Examiner's note: filters for providing information of interest to a user (See paragraph 0038), where information may be stored in databases ( see paragraphs 0016-0017) ).
Miller does not expressly teach (1) generating an image based on user input to an artificial intelligence (AI) text-to-image generator via the image generator, wherein the fantasy league cover is generated without file upload from a user computing device; (2) and a salary cap display, wherein the salary cap display updates automatically with each user selection of a player to reflect a user budget; activate a save team control upon determining that all required positions are filled and the user budget has not been exceeded;
However, Siani Cohen et al. which is in the art of online computer design, editing, and manipulation (see paragraphs 0003-0005) teaches (1) generating an image based on user input to an artificial intelligence (AI) text-to-image generator via the image generator, wherein the fantasy league cover is generated without file upload from a user computing device (see paragraphs 0202-0203 and 0251-0253, Examiner’s note: teaches logo creation where information for the logo does not have to come from the user device).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Miller with the aforementioned teachings from Siani Cohen et al. with the motivation of using a known tool of AI to generate a logo for a user (see Siani Cohen et al. paragraphs 0202-0203 and 0251-0253), when a user using a logo for a team is known in the system of Miller (Figure 6 and paragraph 0068).
Miller in view of Siani Cohen et al. does not expressly teach (2) and a salary cap display, wherein the salary cap display updates automatically with each user selection of a player to reflect a user budget; activate a save team control upon determining that all required positions are filled and the user budget has not been exceeded.
However, Fleming which is in the art of fantasy sports (see abstract) teaches (2) and a salary cap display, wherein the salary cap display updates automatically with each user selection of a player to reflect a user budget; activate a save team control upon determining that all required positions are filled and the user budget has not been exceeded; (see Figures 3, 5 and paragraphs 0069-0070, Examiner’s note: teaches showing remaining salary, going into the roster is full where a roster can require certain positions, not allowing a salary cap to be exceeded, and then once a roster is completed allowing it to be adjusted up into the time of the first game (e.g. saved)).
Before the effective filing date of the claimed invention it would have been obvious to have modified Miller in view of Siani Cohen et al. with the aforementioned teachings from Fleming with the motivation of providing a known way to select a roster for a sports team (see Fleming Figures 3, 5 and paragraphs 0069-0070), when selecting players for a sports fantasy team is known (see Miller Figure 9)
As per claim 12, Miller teaches
wherein the one or more modules comprises a maker template, the maker template configured for generating personalized entertainment by the social platform, and wherein the instructions further comprise: display, via the maker template, a game creating template comprising a plurality of game creation input controls for receiving user- selected game settings; receive, via the maker template, user input to the template comprising one or more of a quiz type, a quiz duration, and one or more user-generated questions and answers; (see Figure 6, Examiner’s note: the Examiner interprets one of a quiz type, a quiz duration, and one or more user generated questions and answers to be required by the claims, Figure 6 shows user input regarding question and answers as broadly recited in the claim in at least reference characters 609, 610, 611-612, thereby meeting the requirements of the claim. Here in these recited references characters provide information (answers) about the specific team (game) creation).
generate an original game based on the user input, wherein the generated game comprises user-selected game settings and user input compiled into an executable data packet configured for display as an interactive game play interface; (see Figure 6, Examiner’s note: reference characters 609, 610, 611, and 612 which are links to particulars about the game are generated and provided on the user display).
generate, via the image generator, an original game cover based on user input (see paragraph 0068 and Figure 6, Examiner’s note: team picture reference character 602).
tag the original game with one or more game tags for use in the suggestion algorithm; store the original game, the original game cover, and the one or more game tags in one or more databases; populate a game catalogue with the original game based on the one or more tags; and suggest the user interest to one or more of the plurality of user accounts based on the one or more game tags. (see paragraphs 0038 and 0016-0017, Examiner's note: filters for providing information of interest to a user (See paragraph 0038), where information may be stored in databases ( see paragraphs 0016-0017) ).
Miller does not expressly teach (1) generating an image based on user input the AI text-to-image generator, wherein the original game cover is generated without file upload from the user computing device;
However, Siani Cohen et al. which is in the art of online computer design, editing, and manipulation (see paragraphs 0003-0005) teaches (1) generating an image based on user input to the AI text-to-image generator, wherein the original game cover is generated without file upload from a user computing device (see paragraphs 0202-0203 and 0251-0253, Examiner’s note: teaches logo creation where information for the logo does not have to come from the user device).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Miller in view of Siani Cogen et al. in view of Fleming with the aforementioned teachings from Siani Cohen et al. with the motivation of using a known tool of AI to generate a logo for a user (see Siani Cohen et al. paragraphs 0202-0203 and 0251-0253), when a user using a logo for a team is known in the system of Miller (Figure 6 and paragraph 0068).
As per claim 16, Miller teaches
wherein the roster customization interface comprises the plurality of players at the plurality of positions organized by position the roster customization interface configured to receive a user selection of one or more players, (see Figures 8-20,
Examiner's note: these GUI interfaces teach customized by the user roster information).
Miller in view of Siani Cogen does not expressly teach (1) and in-game cost of adding a player of the plurality of players to a custom team and (2) wherein salary cap display is automatically calculated based on the one or more players selected and the in-game cost and displayed on the roster customization interface.
However, Fleming which is in the art of fantasy sports (see abstract) teaches(1) and in-game cost of adding a player of the plurality of players to a custom team and (2) wherein salary cap display is automatically calculated based on the one or more players selected and the in-game cost and displayed on the roster customization interface (see Figures 3, 5 and paragraphs 0069-0070, Examiner’s note: teaches showing remaining salary, going into the roster is full where a roster can require certain positions, not allowing a salary cap to be exceeded, and then once a roster is completed allowing it to be adjusted up into the time of the first game (e.g. saved)).
Before the effective filing date of the claimed invention it would have been obvious to have modified Miller in view of Siani Cohen et al. in view of Fleming with the aforementioned teachings from Fleming with the motivation of providing a known way to select a roster for a sports team (see Fleming Figures 3, 5 and paragraphs 0069-0070), when selecting players for a sports fantasy team is known (see Miller Figure 9)
As per claim 17, Miller teaches
wherein the marketplace system comprises a plurality of user marketplaces, each user marketplace comprising a personalized marketplace of goods based on one or more user interests of the user configured for use via the social platform, wherein the personalized marketplace is adaptively stocked based on one or more of: game tags interacted with by the user, scores achieved by the user by interest tag, time spent by the user on individual games, purchase history of the user, and social connections of the user, wherein the personalized marketplace is generated using the suggestion algorithm, and wherein the goods comprise one or more of digital goods, physical goods, and sponsor-related products. (see paragraphs 0036-0040, Examiner’s note: teaches a user may select a team from a search (by for example filtering by interest tags), and then draft the players in the team).
Miller in view of Siani Cohen et al. does not expressly teach drafting or selecting players is for purchase.
However Fleming which is in the art of fantasy sports (see abstract) teaches (2) teach drafting or selecting players is for purchase (see Figures 3, 5 and paragraphs 0067, 0069-0070, Examiner’s note: teaches showing remaining salary, going into the roster is full where a roster can require certain positions, not allowing a salary cap to be exceeded, and then once a roster is completed allowing it to be adjusted up into the time of the first game (e.g. saved). Further teaches using earned points to play games).
Before the effective filing date of the claimed invention it would have been obvious to have modified Miller in view of Siani Cohen et al. with the aforementioned teachings from Fleming with the motivation of providing a known way to select a roster for a sports team (see Fleming Figures 3, 5 and paragraphs 0069-0070), when selecting players for a sports fantasy team is known (see Miller Figure 9)
As per claim 18, Miller teaches
the instructions further comprising: generate user rewards based on user interaction with the social platform, wherein the user interaction comprises one or more of creating user-generated content using the user interest system, completing challenges, participating in competitions, and engaging with games on the social platform, (see paragraphs 0023 and 0055-0056, Examiner's note: earning points based on participation in the system, which is at least interpreted as participating in competitions, only one is required by the claims).
Miller does not expressly tach and wherein the user rewards are configured for purchasing goods via the marketplace system.
However, Fleming which is in the art of fantasy sports (see abstract) teaches and wherein the user rewards are configured for purchasing goods via the marketplace system (see paragraph 0053 and 0067, Examiner’s note: entry fee paid in awarded points).
Before the effective filing date of the claimed invention it would have been obvious to have modified Miller in view of Siani Cohen et al. in view of Fleming with the aforementioned teachings from Fleming with the motivation of providing a known way to use collected points by redeeming them for something of value to the user (see Fleming paragraphs 0053 and 0067), when a user earning points in the system is known (see Miller paragraphs 0023 and 0055-0056).
As per claim 24, Miller teaches
wherein the instructions to suggest the user interest to one or more of the plurality of user accounts based on the one or more tags cause the system to perform further operations comprising: maintaining, via a server-side administrator interface, a tag library comprising a plurality of tags, wherein the server-side administrator interface is configured to activate and deactivate individual tags within the tag library ;presenting, via a client-side tag picker interface, only the activated tags from the tag library to the user during creation of the user interest ;receiving a user selection of one or more tags from the activated tags; storing the user selection as user-selected tags in association with the user interest in the database; and executing the suggestion algorithm based on one or more of: the user-selected tags associated with the user interest, games played by the user by interest tag, scores achieved by the user by interest tag, time spent by the user on individual games, user transaction history, and social connections of the user, wherein the suggestion algorithm surfaces the user interest to other user accounts having matching tag selections. (see paragraphs 0038 and 0016- 0017, Examiner's note: filters for providing information of interest to a user (See paragraph 0038), where this search is based on available leagues (reading on the activate or deactivated tags (see paragraphs 0036-0038) or alternatively filtering out for example by type as one of the filters shown in paragraph 0038, if a user filtered for example to basketball other tags like football would be deactivated for information shown to the user), where information may be stored in databases (see paragraphs 0016- 0017)).
As per claim 26, Miller teaches
further comprising a merchant interface configured to provide a brand entity with access to a control panel within the social platform, the merchant interface enabling the brand entity to create and manage a branded virtual environment within the social platform, wherein the branded virtual environment comprises: (see paragraph 0044, Examiner’s note: once the teams have been created and the league has been formed and filled out, the league and or teams may be made available for management. Management may be conducted by a team manager, a league manager, a system operator, or another entity or automatically by one or more software modules, this is interpreted as a merchant interface enabling the brand entity to create and manage a branded virtual environment (e.g. a league or team)).
one or more brand-created interactive games generated using a template-based game creation system, wherein the one or more brand-created interactive games are generated based on user input to the template-based game creation system; (see Figures 4-24, Examiner's note: these various interfaces teach user interactions the user can have with the gaming system to show interest in created leagues or create new leagues to perform fantasy sports.
one or more visual assets generated using user input; promotional content associated with the brand entity; one or more product displays or virtual goods representations associated with the brand entity; (see paragraph 0068 and Figure 6, Examiner’s note: team picture reference character 602).
and brand-specific rewards or incentives configured to be distributed to users based on user interaction within the branded virtual environment; (see paragraphs 0023 and 0055-0056, Examiner's note: earning points based on participation in the system, which is at least interpreted as participating in competitions, only one is required by the claims).
wherein the branded virtual environment is integrated into the social platform such that the one or more brand-created interactive games, the one or more visual assets, and the brand-specific rewards are tagged with one or more tags from a governed tag library, and wherein the branded virtual environment and its contents are surfaced to users via the suggestion algorithm. (see paragraphs 0038 and 0016- 0017, Examiner's note: filters for providing information of interest to a user (See paragraph 0038), where information may be stored in databases (see paragraphs 0016- 0017)).
Miller does not expressly teach (1) generating an image based on using the image generator, wherein the one or more visual assets are generated without file upload from a merchant computing device.
However, Siani Cohen et al. which is in the art of online computer design, editing, and manipulation (see paragraphs 0003-0005) teaches (1) generating an image based on user input to an artificial intelligence (AI) text-to-image generator, wherein the original game cover is generated without file upload from a user computing device (see paragraphs 0202-0203 and 0251-0253, Examiner’s note: teaches logo creation where information for the logo does not have to come from the user device).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Miller in view of Siani Cohen et al. in view of Fleming with the aforementioned teachings from Siani Cohen et al. with the motivation of using a known tool of AI to generate a logo for a user (see Siani Cohen et al. paragraphs 0202-0203 and 0251-0253), when a user using a logo for a team is known in the system of Miller (Figure 6 and paragraph 0068).
Claim(s) 13 are rejected under 35 U.S.C. 103 as being unpatentable over Miller (United States Patent Application Publication Number: US 2013/0303268) further in view of Siani Cohen (United States Patent Application Publication Number: US 2020/0380060) further in view of Fleming (United States Patent Application Publication Number: US 2010/0210330) further in view of Thompson et al. (United States Patent Application Publication Number: US 2015/0375117).
As per claim 13, Miller teaches
wherein the original game comprises a user-generated sports game, (see Figure 3-4, 6, and paragraph 0036, Examiner's note: users input information regarding constraints of the game including time, size, etc.).
Miller in view of Siani Cohen in view of Fleming does not expressly teach the game is a trivia game
However, Thompson et al. which is in the art of fantasy sports (see abstract) teaches the fantasy sprots game is also a trivia game (see paragraph 0310, Examiner’s note: teaches fantasy sports may be integrated with a trivia game).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Miller in view of Siani Cohen in view of Fleming with the aforementioned teachings from Thompson et al. with the motivation of providing a way to include a known type of game found in fantasy sports (see Thompson et al. paragraph 0310), when generating a fantasy sports game is known (see Miller Figure 3-4, 6, and paragraph 0036).
Claim(s) 22 are rejected under 35 U.S.C. 103 as being unpatentable over Miller (United States Patent Application Publication Number: US 2013/0303268) further in view of Siani Cohen (United States Patent Application Publication Number: US 2020/0380060) further in view of Harkham (United States Patent Application Publication Number: US 2016/0354688).
As per claim 22, Miller teaches
further comprising: sending, by the social platform, a multiplayer game invitation to one or more users via at least one of an in-platform notification or a short message service (SMS) message; (see paragraphs 0036-0038, Examiner’s note; user is invited to join a league).
initiating a multiplayer game session upon acceptance of the multiplayer game invitation by at least one invited user; displaying, in real time during the multiplayer game session, a live scoreboard reflecting current scores of each participating user; generating, upon completion of the multiplayer game session, a winner certificate identifying a winning user based on final scores; (see paragraph 0050-0052, and Figures 12-13, Examiner’s note: presenting score board and shows user and current rankings and win or loss).,
Miller in view of Siani Cohen does not expressly teach and sending, to each participating user, a rematch invitation configured to reinitiate the multiplayer game session.
However, Harkham which is in the art of social gaming (see abstract) teaches and sending, to each participating user, a rematch invitation configured to reinitiate the multiplayer game session (see paragraphs 0011, 0028, 0080, 0083, Examiner’s note: user requesting a rematch of a game and it being sent to the at least one second computing device practicing in the game).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Miller in view of Siani Cohen with the aforementioned teachings from Harkham with the motivation of providing commonly known feature in a game of a rematch between previously users (see Harkham paragraphs 0011, 0028, 0080, 0083), when playing a game between users is known (see Miller paragraphs 0036-0038).
Claim(s) 25 are rejected under 35 U.S.C. 103 as being unpatentable over Miller (United States Patent Application Publication Number: US 2013/0303268) further in view of Siani Cohen (United States Patent Application Publication Number: US 2020/0380060) further in view of Fleming (United States Patent Application Publication Number: US 2010/0210330) further in view of Harkham (United States Patent Application Publication Number: US 2016/0354688).
As per claim 25, Miller teaches
wherein the instructions further comprise: sending, by the social platform, a multiplayer game invitation to one or more users via at least one of an in-platform notification or a short message service (SMS) message; (see paragraphs 0036-0038, Examiner’s note; user is invited to join a league).
initiating a multiplayer game session upon acceptance of the multiplayer game invitation by at least one invited user; displaying, in real time during the multiplayer game session, a live scoreboard reflecting current scores of each participating user; generating, upon completion of the multiplayer game session, a winner certificate identifying a winning user based on final scores; (see paragraph 0050-0052, and Figures 12-13, Examiner’s note: presenting score board and shows user and current rankings and win or loss).,
Miller in view of Siani Cohen in view of Fleming does not expressly teach and sending, to each participating user, a rematch invitation configured to reinitiate the multiplayer game session.
However, Harkham which is in the art of social gaming (see abstract) teaches and sending, to each participating user, a rematch invitation configured to reinitiate the multiplayer game session (see paragraphs 0011, 0028, 0080, 0083, Examiner’s note: user requesting a rematch of a game and it being sent to the at least one second computing device practicing in the game).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Miller in view of Siani Cohen in view of Fleming with the aforementioned teachings from Harkham with the motivation of providing commonly known feature in a game of a rematch between previously users (see Harkham paragraphs 0011, 0028, 0080, 0083), when users playing a game against each other is known (see Miller paragraphs 0036-0038).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Stauffer et al. (United States Patent Application Publication Number: US 2015/0174493) teaches a system automated content curation and generation of online games (see abstract and title)
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/KIERSTEN V SUMMERS/Primary Examiner, Art Unit 3626
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