DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in reply to the communications filed on 3/31/2025.
Claims 1-19 are currently pending and have been examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/31/2025 has been entered.
Priority
The present application is a continuation of US Application No.18/539,089, which is a continuation of US Application No.17/699,152 which is a CON of 16/707,741, published as US 2020/0184041, which is a continuation-in-part of US Application No. 16/423,671, issued as US 10,505,726, and which claims the benefit of priority to U.S. Provisional Patent No. 62/776,699, filed on 7 December 2018. Each of these references is hereby incorporated by reference in its entirety. However this application will not get priority of 12/7/2018, but will instead get priority of 05/28/2019 because the claims were not fully disclosed in the provisional application)
Information Disclosure Statement
The information disclosure statement (IDS)s submitted on 5/2/2025, 7/8/2025, 9/11/2025, 11/6/2025, 1/26/2026, 4/9/2026, 6/17/2026 are being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-4, 6-8, 12-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,265,596. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are anticipated by the claims of U.S. Patent No. 12,265,596.
Instant application and Patent No. 12,265,596 claim the same invention as follows:
Instant Application
Patent No. 12,265,596
1. A method of integrating a cryptographic digital asset into a digital software application, the digital software application including code that, when executed, displays a character avatar on a display associated with a user device, the character avatar being operably controlled by a user via the user device, the method comprising:
receiving a digital asset identification (ID) code, the digital asset ID code existing together with a unique owner ID code on a distributed blockchain ledger, wherein the digital asset ID code represents the cryptographic digital asset, and wherein the cryptographic digital asset comprises a plurality of attributes;
representing a virtual object on the display via the digital software application, wherein the virtual object has an appearance that is based on the plurality of attributes of the cryptographic digital asset, and wherein the virtual object includes a plurality of object attributes;
modifying at least one of the object attributes according to an aspect of the digital software application or interaction between the character avatar and the virtual object; and
representing a modified virtual object on the display via the digital software application, wherein the modified virtual object has an appearance that is based, in part, on the modified object attributes.
1. A method of integrating a cryptographic digital asset into a digital software application, the digital software application including code that, when executed, displays a character avatar on a display associated with a user device, the character avatar being operably controlled by a user via the user device, the method comprising:
receiving a digital asset identification (ID) code, the digital asset ID code existing together with a unique owner ID code on a distributed blockchain ledger, wherein the digital asset ID code represents the cryptographic digital asset, and wherein the cryptographic digital asset comprises a plurality of attributes;
representing a virtual object on the display via the digital software application, wherein the virtual object has an appearance that is based on the plurality of attributes of the cryptographic digital asset, and wherein the virtual object includes a plurality of object attributes;
modifying at least one of the object attributes according to an aspect of the digital software application or interaction between the character avatar and the virtual object;
representing a modified virtual object on the display via the digital software application, wherein the modified virtual object has an appearance that is based, in part, on the modified object attributes; and
modifying at least one of the plurality of attributes of the cryptographic digital asset according to the modified object attributes or an accomplishment of the user or character avatar within the digital software application; and
transmitting a cryptographic block comprising the digital asset ID code with the modified attributes of the cryptographic digital asset to a distributed blockchain ledger to record the modification.
2. The method of claim 1, wherein the virtual object is a virtual shoe, article of apparel, headgear, avatar, or pet.
2. The method of claim 1, wherein the virtual object is a virtual shoe, article of apparel, headgear, avatar, or pet.
3. The method of claim 1, wherein the user is a first user, and wherein the unique owner ID code is a code of a second user.
3. The method of claim 1, wherein the user is a first user, and wherein the unique owner ID code is a code of a second user.
4. The method of claim 1, wherein the aspect of the digital software application comprises an accomplishment of the user or character avatar within the digital software application.
4. The method of claim 1, further comprising modifying at least one of the plurality of object attributes according to an aspect of the digital software application or accomplishment of the user or character avatar within the digital software application.
6. The method of claim 1, further comprising offering a real-world physical embodiment of the virtual object for sale to an owner of the cryptographic digital asset.
5. The method of claim 1, further comprising offering a real-world physical embodiment of the virtual object for sale to an owner of the cryptographic digital asset.
7. The method of claim 6, wherein the real-world physical embodiment of the virtual object includes at least one of the modified object attributes.
6. The method of claim 5, wherein the real-world physical embodiment of the virtual object includes at least one of the modified object attributes.
8. The method of claim 6, wherein the virtual object is a virtual shoe or virtual article of apparel, and wherein the real-world physical embodiment of the virtual object is a corresponding physical shoe or physical article of apparel.
7. The method of claim 5, wherein the virtual object is a virtual shoe or virtual article of apparel, and wherein the real-world physical embodiment of the virtual object is a corresponding physical shoe or physical article of apparel.
12. A method for integrating a cryptographic digital asset into a digital software application executing on a user device, the digital software application including code that, when executed, displays a character avatar on a display associated with a user device, the character avatar being operably controlled by a user via the user device, the method comprising:
displaying, by the digital software application, a virtual environment on a display of the user device;
receiving, by the digital software application, a user selection of a cryptographic digital asset from a digital asset registry storing a plurality of cryptographic digital assets linked to blockchain data;
displaying, by the digital software application, a virtual representation of the selected cryptographic digital asset within the virtual environment, the virtual representation of the cryptographic digital asset comprising a plurality of object attributes;
modifying, by the digital software application, one or more object attributes according to an aspect of the digital software application or interaction between the character avatar and the virtual representation of the cryptographic digital asset; and
displaying, by the digital software application, a modified virtual representation having an appearance that is based, in part, on the modified object attributes.
8. A method for integrating a cryptographic digital asset into a digital software application executing on a user device, the digital software application including code that, when executed, displays a character avatar on a display associated with a user device, the character avatar being operably controlled by a user via the user device, the method comprising:
displaying, by the digital software application, a virtual environment on a display of the user device;
receiving, by the digital software application, a user selection of a cryptographic digital asset from a digital asset registry storing a plurality of cryptographic digital assets linked to blockchain data;
displaying, by the digital software application, a virtual representation of the selected cryptographic digital asset within the virtual environment, the virtual representation of the cryptographic digital asset comprising a plurality of object attributes;
modifying, by the digital software application, one or more object attributes according to an aspect of the digital software application or interaction between the character avatar and the virtual object; and
displaying, by the digital software application, a modified virtual representation having an appearance that is based, in part, on the modified object attributes; and
modifying at least one of the plurality of attributes of the cryptographic digital asset according to the modified object attributes or an accomplishment of the user or character avatar within the digital software application; and
transmitting a cryptographic block comprising the digital asset ID code with the modified attributes of the cryptographic digital asset to a distributed blockchain ledger to record the modification.
13. The method of claim 12, further comprising: tracking, by the digital software application, accomplishments of the user controlled character within the digital software application; modifying, by the digital software application, one or more attributes of the selected cryptographic digital asset based on the tracked accomplishments.
9. The method of claim 8, further comprising: tracking, by the digital software application, accomplishments of the user controlled character within the video game; modifying, by the digital software application, one or more attributes of the selected cryptographic digital asset based on the tracked accomplishments.
14. The method of claim 12, wherein the selected cryptographic digital asset is a virtual shoe, article of apparel, accessory, or equipment.
10. The method of claim 8, wherein the selected cryptographic digital asset is a virtual shoe, article of apparel, accessory, or equipment.
15. The method of claim 12, further comprising: enabling, by the digital software application, breeding between the selected cryptographic digital asset and a second cryptographic digital asset to generate a new cryptographic digital asset with blended attributes.
11. The method of claim 8, further comprising: enabling, by the digital software application, breeding between the selected cryptographic digital asset and a second cryptographic digital asset to generate a new cryptographic digital asset with blended attributes.
16. The method of claim 15, wherein enabling breeding is performed responsive to the cryptographic digital asset meeting predetermined criteria based on at least one of an age of the cryptographic digital asset or tracked user activity associated with the cryptographic digital asset.
12. The method of claim 11, wherein enabling breeding is performed responsive to the user controlled character achieving a predetermined accomplishment within the digital software application.
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 1-5, 9-13, 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Mahajan et al (US 20200160289 A1) in view of James Martin Duffy, hereafter “James” (“How to Code Your Own CryptoKitties-Style Game on Ethereum” by James Martin Duffy; Published on Dec 4 2017).
Regarding Claim 1, Mahajan discloses A method of integrating a cryptographic digital asset into a digital software application, (FIG 7A/7B and associated text; [0004] An identity token for a physical or digital asset is generated using a cryptographic one-way hash of information that uniquely identifies the asset. Tokens also have an owner that uses an additional public/private key pair. The owner public key is set as the token owner identity and when performing actions against tokens, ownership proof is established by providing a signature generated by the owner private key and validated against the public key listed as the owner of the token.), the digital software application including code that, when executed, displays a character avatar on a display associated with a user device, the character avatar being operably controlled by a user via the user device, ([0007] For example, a smart contract can support the sale of an asset (also called a crypto-good or a non-fungible token (NFT)), such as tickets, gift cards, virtual game items, and so on. A user can visit a website that enables interactions with the asset. These assets and their owners are stored on a blockchain and can be exchanged using a smart contract. The smart contract allows listing of goods, purchasing of listed goods, and the transfer of goods. All of these transactions and changes in ownership occur “on-chain” and are denominated in a crypto-currency.) the method comprising:
But does not explicitly disclose receiving a digital asset identification (ID) code, the digital asset ID code existing together with a unique owner ID code on a distributed blockchain ledger, wherein the digital asset ID code represents the cryptographic digital asset, and wherein the cryptographic digital asset comprises a plurality of attributes; representing a virtual object on the display via the digital software application, wherein the virtual object has an appearance that is based on the plurality of attributes of the cryptographic digital asset, and wherein the virtual object includes a plurality of object attributes; modifying at least one of the object attributes according to an aspect of the digital software application or interaction between the character avatar and the virtual object; and representing a modified virtual object on the display via the digital software application, wherein the modified virtual object has an appearance that is based, in part, on the modified object attributes.
James, on the other hand, teaches
receiving a digital asset identification (ID) code, the digital asset ID code existing together with a unique owner ID code on a distributed blockchain ledger, (James Page 5-8 , This array holds the data of all the Kitties in existence, so it's kind of like a master Kitty DB. Whenever a new cat is created, it is added to this array, with its index in the array becoming the cat's ID, like Genesis here having an ID of '1':… This contract: also contains a mapping from the cat's ID to the address of its owner to keep track of who a kitty is owned by:…. So this function is passed the IDs of the mother and father the kitty’s generation number, the 256-bit genetic code, and the address of the owner. It then creates the kitty1 pushes it to the master Kitty array, and then calls _transfer () to assign it to its new owner), wherein the digital asset ID code represents the cryptographic digital asset, and wherein the cryptographic digital asset comprises a plurality of attributes; (James page 4 struct Kitty() gene, birthdate, cooldownendblock, etc..);
representing a virtual object on the display via the digital software application, wherein the virtual object has an appearance that is based on the plurality of attributes of the cryptographic digital asset, and wherein the virtual object includes a plurality of object attributes; (James page 5-6 Picture of Kitty which is generated from Kitty[ ] kitties; function ….This contract: also contains a mapping from the cat's ID to the address of its owner to keep track of who a kitty is owned by:);
modifying at least one of the object attributes according to an aspect of the digital software application or interaction between the character avatar and the virtual object; and (James Page 10-13; KittyBreeding which provide modifying attributes, also Page page14:KittyMinting , new cats can be generated with changing attributes).
representing a modified virtual object on the display via the digital software application, wherein the modified virtual object has an appearance that is based, in part, on the modified object attributes. (James page 3 The pause() function was probably added so that the developers could update it with a newer version in case there were any unforeseen bugs ; page 5 Picture of Kitty which is generated from Kitty[ ] kitties; function);
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 2, Mahajan in view of James teaches the method of claim 1.
James teaches wherein the virtual object is a virtual shoe, article of apparel, headgear, avatar, or pet. ([p.2] CryptoKitties is, it’s basically a game for buying, selling, and breeding digital cats.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 3, Mahajan in view of James teaches the method of claim 1.
James teaches wherein the user is a first user, and wherein the unique owner ID code is a code of a second user. (James page 5 shows transfer of Virtual Kitty).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 4, Mahajan in view of James teaches the method of claim 1.
James teaches wherein the aspect of the digital software application comprises an accomplishment of the user or character avatar within the digital software application. (James [page 5] siringWithId — this is set to the ID of the father if the cat is currently pregnant, zero otherwise; generation — the “generation number” of this cat. The first cats minted by the contract have generation 0; the generation for new cats is the larger of their parents generations, plus 1.).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 5, Mahajan in view of James teaches the method of claim 4.
James teaches wherein the accomplishment of the user or character avatar includes achieving a predetermined score, level, or status within the digital software application. (James [page 5] siringWithId — this is set to the ID of the father if the cat is currently pregnant, zero otherwise; (status) generation — the “generation number” of this cat. The first cats minted by the contract have generation 0; the generation for new cats is the larger of their parents generations, plus 1.).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 9, Mahajan in view of James teaches the method of claim 1.
James teaches wherein modifying at least one of the object attributes includes modifying a visual appearance attribute selected from the group consisting of color, texture, pattern, and appended graphical elements. (James Page 10-13; KittyBreeding which provide modifying attributes, also Page page14:KittyMinting , new cats can be generated with changing attributes [p.18] So with createPromoKitty(), it looks like the COO can create a new kitty with whatever genes he wants, and send it to whoever he wants).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 10, Mahajan in view of James teaches the method of claim 1.
James teaches wherein the plurality of attributes of the cryptographic digital asset includes genotype information, and wherein the appearance of the virtual object is based, in part, on a phenotypic expression of the genotype information. (James Page 16; then determines the child’s genes using geneScience.mixGenes(), assigns ownership of the new kitty to the mother’s owner, then calls the_createKitty() function we looked at in KittyBase. Note that the geneScience.mixGenes() function is a black box, since that contract is closed-source. So we don’t actually know how the child’s genes are determined, but we know it’s some function of the mother’s genes, the father’s genes, and the mother’s cooldownEndBlock. Page 14: KittyMinting, new cats can be generated with changing attributes [p.18] So with createPromoKitty(), it looks like the COO can create a new kitty with whatever genes he wants, and send it to whoever he wants).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 11, Mahajan in view of James teaches the method of claim 1.
James teaches wherein the plurality of attributes of the cryptographic digital asset affect an ability or performance characteristic of the character avatar when the virtual object is associated with the character avatar within the digital software application. (James [page 5] siringWithId — this is set to the ID of the father if the cat is currently pregnant, zero otherwise; generation — the “generation number” of this cat. The first cats minted by the contract have generation 0; the generation for new cats is the larger of their parents generations, plus 1. [page 5] cooldownEndBlock — the minimum timestamp after which this cat can engage in breeding again; cooldownIndex — the current cool down duration for this cat (how long the cat has to wait after breeding before it can breed again).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 12, Mahajan discloses A method for integrating a cryptographic digital asset into a digital software application (FIG 7A/7B and associated text; [0004] An identity token for a physical or digital asset is generated using a cryptographic one-way hash of information that uniquely identifies the asset. Tokens also have an owner that uses an additional public/private key pair. The owner public key is set as the token owner identity and when performing actions against tokens, ownership proof is established by providing a signature generated by the owner private key and validated against the public key listed as the owner of the token.), executing on a user device, the digital software application including code that, when executed, displays a character avatar on a display associated with a user device, the character avatar being operably controlled by a user via the user device, ([0007] For example, a smart contract can support the sale of an asset (also called a crypto-good or a non-fungible token (NFT)), such as tickets, gift cards, virtual game items, and so on. A user can visit a website that enables interactions with the asset. These assets and their owners are stored on a blockchain and can be exchanged using a smart contract. The smart contract allows listing of goods, purchasing of listed goods, and the transfer of goods. All of these transactions and changes in ownership occur “on-chain” and are denominated in a crypto-currency.) the method comprising: displaying, by the digital software application, a virtual environment on a display of the user device; ([0007] For example, a smart contract can support the sale of an asset (also called a crypto-good or a non-fungible token (NFT)), such as tickets, gift cards, virtual game items, and so on. A user can visit a website that enables interactions with the asset. These assets and their owners are stored on a blockchain and can be exchanged using a smart contract. The smart contract allows listing of goods, purchasing of listed goods, and the transfer of goods. All of these transactions and changes in ownership occur “on-chain” and are denominated in a crypto-currency.)
But does not explicitly disclose displaying, by the digital software application, a virtual environment on a display of the user device; receiving, by the digital software application, a user selection of a cryptographic digital asset from a digital asset registry storing a plurality of cryptographic digital assets linked to blockchain data; displaying, by the digital software application, a virtual representation of the selected cryptographic digital asset within the virtual environment, the virtual representation of the cryptographic digital asset comprising a plurality of object attributes; modifying, by the digital software application, one or more object attributes according to an aspect of the digital software application or interaction between the character avatar and the virtual representation of the cryptographic digital asset; and displaying, by the digital software application, a modified virtual representation having an appearance that is based, in part, on the modified object attributes.
James, on the other hand, teaches
receiving, by the digital software application, a user selection of a cryptographic digital asset from a digital asset registry storing a plurality of cryptographic digital assets linked to blockchain data; (James Page 5-8 , This array holds the data of all the Kitties in existence, so it's kind of like a master Kitty DB. Whenever a new cat is created, it is added to this array, with its index in the array becoming the cat's ID, like Genesis here having an ID of '1':… This contract: also contains a mapping from the cat's ID to the address of its owner to keep track of who a kitty is owned by:…. So this function is passed the IDs of the mother and father the kitty’s generation number, the 256-bit genetic code, and the address of the owner. It then creates the kitty1 pushes it to the master Kitty array, and then calls _transfer () to assign it to its new owner),
displaying, by the digital software application, a virtual representation of the selected cryptographic digital asset within the virtual environment, the virtual representation of the cryptographic digital asset comprising a plurality of object attributes; (James page 4 struct Kitty() gene, birthdate, cooldownendblock, etc.. James page 5-6 Picture of Kitty which is generated from Kitty[ ] kitties; function; This contract: also contains a mapping from the cat's ID to the address of its owner to keep track of who a kitty is owned by:);
modifying, by the digital software application, one or more object attributes according to an aspect of the digital software application or interaction between the character avatar and the virtual representation of the cryptographic digital asset; and (James Page 10-13; KittyBreeding which provide modifying attributes, also Page page14:KittyMinting , new cats can be generated with changing attributes).
displaying, by the digital software application, a modified virtual representation having an appearance that is based, in part, on the modified object attributes. (James page 3 The pause() function was probably added so that the developers could update it with a newer version in case there were any unforeseen bugs ; page 5 Picture of Kitty which is generated from Kitty[ ] kitties; function);
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 13, Mahajan in view of James teaches the method of claim 12.
James teaches tracking, by the digital software application, accomplishments of the user controlled character within the digital software application; modifying, by the digital software application, one or more attributes of the selected cryptographic digital asset based on the tracked accomplishments. (James [page 5] siringWithId — this is set to the ID of the father if the cat is currently pregnant, zero otherwise; generation — the “generation number” of this cat. The first cats minted by the contract have generation 0; the generation for new cats is the larger of their parents generations, plus 1. [page 5] cooldownEndBlock — the minimum timestamp after which this cat can engage in breeding again; cooldownIndex — the current cool down duration for this cat (how long the cat has to wait after breeding before it can breed again).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 15, Mahajan in view of James teaches the method of claim 12.
James teaches enabling, by the digital software application, breeding between the selected cryptographic digital asset and a second cryptographic digital asset to generate a new cryptographic digital asset with blended attributes.. (James [page 5] siringWithId — this is set to the ID of the father if the cat is currently pregnant, zero otherwise; generation — the “generation number” of this cat. The first cats minted by the contract have generation 0; the generation for new cats is the larger of their parents generations, plus 1. [page 5] cooldownEndBlock — the minimum timestamp after which this cat can engage in breeding again; cooldownIndex — the current cool down duration for this cat (how long the cat has to wait after breeding before it can breed again).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 16, Mahajan in view of James teaches the method of claim 15.
James teaches wherein enabling breeding is performed responsive to the cryptographic digital asset meeting predetermined criteria based on at least one of an age of the cryptographic digital asset or tracked user activity associated with the cryptographic digital asset. (James [page 5] siringWithId — this is set to the ID of the father if the cat is currently pregnant, zero otherwise; generation — the “generation number” of this cat. The first cats minted by the contract have generation 0; the generation for new cats is the larger of their parents generations, plus 1. [page 5] cooldownEndBlock — the minimum timestamp after which this cat can engage in breeding again; cooldownIndex — the current cool down duration for this cat (how long the cat has to wait after breeding before it can breed again).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 17, Mahajan in view of James teaches the method of claim 15.
James teaches wherein enabling breeding generates the new cryptographic digital asset having a unique token registered on a distributed blockchain ledger, the unique token including code subsets derived from tokens associated with the selected cryptographic digital asset and the second cryptographic digital asset. ([page 7] This contract also contains a mapping from the cat’s ID to the address of its owner to keep track of who a kitty is owned by: mapping (uint256 => address) public kittyIndexToOwner; James [page 5] siringWithId — this is set to the ID of the father if the cat is currently pregnant, zero otherwise; generation — the “generation number” of this cat. The first cats minted by the contract have generation 0; the generation for new cats is the larger of their parents generations, plus 1. [page 5] cooldownEndBlock — the minimum timestamp after which this cat can engage in breeding again; cooldownIndex — the current cool down duration for this cat (how long the cat has to wait after breeding before it can breed again).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 18, Mahajan in view of James teaches the method of claim 12.
James teaches wherein modifying one or more object attributes includes altering a phenotypic expression based on the interaction between the character avatar and the virtual representation of the cryptographic digital asset. ([page 7] This contract also contains a mapping from the cat’s ID to the address of its owner to keep track of who a kitty is owned by: mapping (uint256 => address) public kittyIndexToOwner; James [page 5] siringWithId — this is set to the ID of the father if the cat is currently pregnant, zero otherwise; generation — the “generation number” of this cat. The first cats minted by the contract have generation 0; the generation for new cats is the larger of their parents generations, plus 1. [page 5] cooldownEndBlock — the minimum timestamp after which this cat can engage in breeding again; cooldownIndex — the current cool down duration for this cat (how long the cat has to wait after breeding before it can breed again).
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan, the features, as taught by James, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mahajan, to include the teachings of James, in order to tracking ownership of digital collectables. (James, [p.10]).
Regarding Claim 19, Mahajan in view of James teaches the method of claim 12.
Mahajan discloses wherein the digital asset registry is an interface displaying cryptographic digital assets associated with a user's digital wallet or account. ([0007] a user is required to use her “private key” to “sign” a transaction. This allows goods or funds to be withdrawn from her wallet and be sent to another user or to a smart contract [0027] updating system 220 can also communicate with one or more blockchain wallets 240 (for example, using a cryptocurrency account), which may be in communication with a cryptocurrency provider 245, to provide payment for the purchased blockchain-based goods/assets.)
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Mahajan et al (US 20200160289 A1) in view of “James” in view of US 11068888 B1 to LEVATTE.
Regarding Claim 6, Mahajan in view of James teaches the method of claim 1.
However the combination of Mahajan and James does not explicitly teach further comprising offering a real-world physical embodiment of the virtual object for sale to an owner of the cryptographic digital asset..
LEVATTE, on the other hand, teaches further comprising offering a real-world physical embodiment of the virtual object for sale to an owner of the cryptographic digital asset. ([Col 6 LN 5-20] present invention 10 allows for funds 30 to be exchanged/deposited into a platform through physical crypto-asset cards 36. Physical crypto-asset cards 36 are available through tradition brick-and-mortar outlets such as retailers 300. Other examples of retailers 300, include but are not limited to, gas/petrol stations, convenience stores, and grocery stores. Before purchase, physical crypto-asset cards 36 exist as unvalued plastic cards that are merely linked to an unused blockchain address within the platform. Once purchased, physical crypto-asset cards 36 can be activated and funds 30 can be loaded through a system available at a place of purchase according to present invention 10. )
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan and James, the features, as taught by LEVATTE, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of LEVATTE, in order to increase platform accessibility (LEVATTE, [Col 6 Ln 4-5]).
Regarding Claim 7, Mahajan in view of James and LEVATTE teaches the method of claim 6.
However the combination of Mahajan and James does not explicitly teach wherein the real-world physical embodiment of the virtual object includes at least one of the modified object attributes.
LEVATTE, on the other hand, teaches wherein the real-world physical embodiment of the virtual object includes at least one of the modified object attributes. ([Col 6 LN 5-20] present invention 10 allows for funds 30 to be exchanged/deposited into a platform through physical crypto-asset cards 36. Physical crypto-asset cards 36 are available through tradition brick-and-mortar outlets such as retailers 300. Other examples of retailers 300, include but are not limited to, gas/petrol stations, convenience stores, and grocery stores. Before purchase, physical crypto-asset cards 36 exist as unvalued plastic cards that are merely linked to an unused blockchain address within the platform. Once purchased, physical crypto-asset cards 36 can be activated and funds 30 can be loaded through a system available at a place of purchase according to present invention 10. [Col 2 Ln 15-35] wherein a data store of the digital identity system holds a plurality of attributes of the bearer, the method comprising implementing by the digital identity system the following steps: receiving at the digital identity system from a bearer an electronic sharing token request, wherein the token request identifies at least one of the bearer's attributes in the data store selected for sharing with a validator; in response to the electronic token request, generating a sharing token, which is unique to that request, for presentation by the bearer to a validator; associating with the unique sharing token at the digital identity system the identified at least one bearer attribute; and issuing to the bearer the unique sharing token; and wherein later presentation of the unique sharing token to the digital identify system by a validator causes the at least one bearer attribute associated with the sharing token to be rendered available to the validator by the digital identity system.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan and James, the features, as taught by LEVATTE, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of LEVATTE, in order to increase platform accessibility (LEVATTE, [Col 6 Ln 4-5]).
Claims 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Mahajan et al (US 20200160289 A1) in view of “James” in view of US 11068888 B1 to LEVATTE in view of US 10373393 B1 to Waldman.
Regarding Claim 8, Mahajan in view of James and Levatte teaches the method of claim 6.
However the combination of Mahajan and James does not explicitly teach wherein the virtual object is a virtual shoe or virtual article of apparel, and wherein the real-world physical embodiment of the virtual object is a corresponding physical shoe or physical article of apparel.
Waldman, on the other hand, teaches wherein the virtual object is a virtual shoe or virtual article of apparel, and wherein the real-world physical embodiment of the virtual object is a corresponding physical shoe or physical article of apparel.. ([Col 7 Ln 5-15] FIG. 18 shows activity-optimized digital last construction. This operation creates digital shoe lasts of the retailer's shoe collection. It uses either the brand's digital lasts (a) or scans of the brand's physical lasts (b) or if they are not available, scans of the insides of the shoes made by any scanners (c). [Col 4 Ln 10-20] generating a bespoke digital 3D shoe last for the digital 3D model; generating a bespoke activity-optimized digital 3D shoe last for the digital 3D model; generating digital 3D shoe lasts for a footwear collection; comparing the bespoke activity-optimized digital 3D shoe last and the digital 3D shoe lasts for the footwear collection to identify a closest match in the footwear collection; and informing the user of the closest match.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan and James, the features, as taught by Waldman, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Waldman, in order to increase platform accessibility (Waldman, [Col 6 Ln 4-5]).
Regarding Claim 14, Mahajan in view of James and Levatte teaches the method of claim 12.
Mahajan teaches the selected cryptographic digital asset ([0027] to browse, search for, and purchase one or more goods/assets listed for sale on the blockchain. [0018] , the lazy updating system enables a service to sell packs of crypto-based digital trading cards that users can use immediately even if they haven't been minted yet on the blockchain)
However the combination of Mahajan and James does not explicitly teach wherein the selected digital asset is a virtual shoe, article of apparel, accessory, or equipment..
Waldman, on the other hand, teaches wherein the selected digital asset is a virtual shoe, article of apparel, accessory, or equipment.. ([Col 7 Ln 5-15] FIG. 18 shows activity-optimized digital last construction. This operation creates digital shoe lasts of the retailer's shoe collection. It uses either the brand's digital lasts (a) or scans of the brand's physical lasts (b) or if they are not available, scans of the insides of the shoes made by any scanners (c). [Col 4 Ln 10-20] generating a bespoke digital 3D shoe last for the digital 3D model; generating a bespoke activity-optimized digital 3D shoe last for the digital 3D model; generating digital 3D shoe lasts for a footwear collection; comparing the bespoke activity-optimized digital 3D shoe last and the digital 3D shoe lasts for the footwear collection to identify a closest match in the footwear collection; and informing the user of the closest match.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by Mahajan and James, the features, as taught by Waldman, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Waldman, in order to increase platform accessibility (Waldman, [Col 6 Ln 4-5]).
Conclusion
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/MICHELLE T KRINGEN/Primary Examiner, Art Unit 3689
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