DETAILED ACTION
Acknowledgments
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in reply to the RCE, amendment, and response filed on 06/22/2026.
Claims 1, 6, 8, 9, and 10 have been amended.
Claims 21-23 have been added.
Claims 1-10 and 21-23 are currently pending and have been examined.
Response to Arguments
Arguments and Assertions by the Applicant
Applicant’s arguments received 06/22/2026 with respect to the prior art rejections have been considered but are moot in view of the new ground(s) of rejection.
35 U.S.C. 112(b) Failure To Particularly Point out and Distinctly Claim (Indefinite)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 21-23 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the Applicant regards as the invention.
The Examiner cannot determine the metes and bounds of the claim because the claim has been written in the alternative using an “or” statement. For the purposes of this examination, the Examiner will assume that the claim is a properly written Markush-type limitation: …one of the group consisting of [A, B, and C]. The underlined promotions below are unfamiliar or confusing to the Examiner and the examination process.
wherein the digital wallet portion formed on the substrate is fundable with the cryptocurrency based on an amount or exchange rate formed on the substrate, wherein the cryptocurrency funding of the digital wallet portion is enabled by a transfer of cryptocurrency from a crypto coin source funding wallet.
wherein the crypto coin source funding wallet's balance is periodically adjusted with a volatility harvesting process.
wherein the crypto coin source funding wallet's balance is periodically adjusted with an edge/odds process.
Claim Rejections - 35 USC § 103
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-9 are rejected under U.S.C. 103 as being unpatentable over Cage et al. (USPGP 2018/0102018 A1) hereinafter CAGE, in view of Pitroda et al. (USPGP 2007/0198432 A1), hereinafter PITRODA.
Claim 1:
CAGE as shown below discloses the following limitations:
a substrate; (see at least Figures 13, 19 as well as associated and related text)
an inventory control number portion formed on the substrate and comprising: (see at least Figures 13, 19 as well as associated and related text)
machine-readable indicia, and redundant human-readable text indicia; (see at least Figures 13, 19 as well as associated and related text)
a digital wallet portion formed on the substrate and comprising: (see at least paragraphs 0062, 0064, 0072, 0114, 0131, 0270)
machine-readable indicia embodying a digital wallet address and a private key, (see at least paragraphs 0083, 0096, 0316)
redundant human-readable text indicia embodying the digital wallet address and the private key; (see at least paragraphs 0083, 0096, 0316)
wherein the digital wallet portion is fundable with cryptocurrency… (see at least paragraphs 0062, 0064, 0072, 0114, 0131, 0270)
CAGE does not specifically disclose:
… only after validation of a determination of a winning outcome for the winning draw game ticket at a specified time after a drawing for the play of the draw game.
PITRODA, however, in at least paragraphs 0175, 0390, 0529-0536 does. In this case, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Consequently, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of CAGE with the technique of PITRODA because, “Many governments have passed laws permitting lottery games to be legalized within their borders. These laws are due to the public support for this style of entertainment. Currently, these games are presented through specific manned terminals that connect to lottery operators—corporations responsible for running the lottery games. While these games have proven to be popular, a large segment of the population does not participate. This is due to many factors including a lack of desire to interact with personnel running the game kiosks, the inconvenience of the manned terminals, the concern over losing a ticket, and, more recently, the lack of cash to play the games as many people are only using payment cards for purchases.” (CAGE: paragraph 0003). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Fundamentally, in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claims 2-5 and 7:
The combination of CAGE/PITRODA discloses the limitations as shown in the rejections above. CAGE further discloses the following limitations:
which is associated with a plurality of possible different prize levels.
wherein only a portion of the different prize levels is fundable with cryptocurrency.
wherein the plurality of possible different prize levels comprises a prize level of $1 that is not fundable with cryptocurrency.
wherein the plurality of possible different prize levels comprises a grand prize that is fundable with cryptocurrency.
Which is associated with a plurality of possible different prize levels that comprise a prize amount that can be received in fiat currency or cryptocurrency.
See at least paragraphs 0270, 0281, 0300, 0302, 0303,
Claim 6:
The combination of CAGE/PITRODA discloses the limitations as shown in the rejections above. CAGE further discloses the following limitations:
wherein the specified time is a predetermined time period after the drawing for the play of the draw game.
See at least paragraphs 0092, 0110.
Claims 8 and 9:
The combination of CAGE/PITRODA discloses the limitations as shown in the rejections above. CAGE further discloses the following limitations:
wherein the digital wallet portion formed on the substrate is funded with cryptocurrency after a lottery terminal scans the machine-readable indicia of the inventory control number portion formed on the substrate and then designates a prize to be paid out in cryptocurrency via the lottery terminal.
wherein the digital wallet portion formed on the substrate is funded with cryptocurrency after an electronic personal device running a lottery application scans the machine-readable indicia of the inventory control number portion formed on the substrate…
PITRODA further discloses …and validates the winning outcome. See at least paragraphs 0175, 0390, 0529-0536. In this case, each of the elements claimed are all shown by the prior art of record but not combined as claimed. However, the technical ability exists to combine the elements as claimed and the results of the combination are predictable. Therefore, when combined, the elements perform the same function as they did separately. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Consequently, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of CAGE with the technique of PITRODA because, “Many governments have passed laws permitting lottery games to be legalized within their borders. These laws are due to the public support for this style of entertainment. Currently, these games are presented through specific manned terminals that connect to lottery operators—corporations responsible for running the lottery games. While these games have proven to be popular, a large segment of the population does not participate. This is due to many factors including a lack of desire to interact with personnel running the game kiosks, the inconvenience of the manned terminals, the concern over losing a ticket, and, more recently, the lack of cash to play the games as many people are only using payment cards for purchases.” (CAGE: paragraph 0003). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Fundamentally, in the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claim 10 is rejected under U.S.C. 103 as being unpatentable over CAGE/PITRODA and further in view of Applicant’s Own Admissions, hereinafter AOA.
Claim 10:
The combination of CAGE/PITRODA disclose the limitations as shown in the rejections above. CAGE/PITRODA does not specifically disclose:
wherein the digital wallet portion formed on the substrate is fundable with the cryptocurrency based on a conversion rate from a quoted prize amount in fiat currency to an equivalent prize amount in cryptocurrency at the time the digital wallet portion formed on the substrate is funded with the cryptocurrency.
However, the Examiner accepts AOA that it is old and well known in the currency arts to facilitate currency exchange. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of CAGE/PITRODA with the technique of currency exchange platforms because there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Consequently, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
Claims 21-23 are rejected under U.S.C. 103 as being unpatentable over CAGE/PITRODA and further in view of Examiner’s Official Notice, hereinafter OFFICIAL NOTICE.
Claim 10:
The combination of CAGE/PITRODA disclose the limitations as shown in the rejections above. CAGE/PITRODA does not specifically disclose:
wherein the digital wallet portion formed on the substrate is fundable with the cryptocurrency based on an amount or exchange rate formed on the substrate, wherein the cryptocurrency funding of the digital wallet portion is enabled by a transfer of cryptocurrency from a crypto coin source funding wallet.
wherein the crypto coin source funding wallet's balance is periodically adjusted with a volatility harvesting process.
wherein the crypto coin source funding wallet's balance is periodically adjusted with an edge/odds process.
However, the Examiner takes OFFICIAL NOTICE that it is old and well known in the currency arts to facilitate currency exchange and to utilize adjusted rates of exchange. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date to combine/modify the method of CAGE/PITRODA with the technique of currency exchange rates because there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Consequently, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). Additionally, there is a recognized problem or need in the art including market pressure, design need, etc., and there are a finite number of identified predictable solutions. Accordingly, those in the art could have pursued known solutions with reasonable expectation of success. (KSR v. Teleflex, 127 S. Ct. 1727 (2007)). In the competitive business climate, there is a profit-driven motive to maximize the profitability of goods and services that are provided or marketed to customers. Enterprises typically use business planning to make decisions in order to maximize profits.
CONCLUSION
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Non-Patent Literature:
Business Insider. “LOTTOBLOKK: The World’s First Crypto Blockchain Lottery.”(Jan. 22, 2026). Retrieved online 01/28/2026. https://markets.businessinsider.com/news/stocks/lottoblokk-the-world-s-first-crypto-blockchain-lottery----set-to-launch-june-1-1035737335
FireLotto. “Fire Lotto.” (January 2018). Retrieved online 01/28/2026. https://firelotto.io/wp-content/uploads/2025/03/whitepaper_en.pdf
Quanta. “White Paper.” (September 2018). Retrieved online 01/28/2026. https://www.quanta.im/wp-content/uploads/2020/03/Quanta-whitepaper.pdf
Foreign Art:
CARLSON et al. “Interactive Gaming System E.g. For Playing Keno, Has Remote Player Devices To Receive Game Information From Host Gaming Device In Location Approved By Gaming Agencies.” (WO 2004/034223 A2)
HAYASHIDA et al. “Lottery Game Providing Method For Use In E.g. Hotel, Involves Providing Copy Of Audio/video Content And Pay Slip To Player, And Determining Whether Payout Criteria Are Satisfied By Audio/video Content.” (WO 2007/107883 A2)
Any inquiry of a general nature or relating to the status of this application or concerning this communication or earlier communications from the Examiner should be directed to James A. Reagan (james.reagan@uspto.gov) whose telephone number is 571.272.6710. The Examiner can normally be reached Monday through Friday from 9 AM to 5 PM. If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, John Hayes, can be reached at 571.272.6708.
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/JAMES A REAGAN/Primary Examiner, Art Unit 3697
james.reagan@uspto.gov
571.272.6710 (Office)
571.273.6710 (Desktop Fax)
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