DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of the Application
This is a Non-Final Rejection in response to the claims submitted on 06/27/2025.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
The claims are given the priority date of 04/02/2012 except for the limitations that are not disclosed by the specifications submitted on 04/02/2012, or 04/02/2013. Claims 2-4, 6-7, 11 and 16-18 are given the effective filling date of 06/27/2025.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 2 discloses the limitation “wherein said first collectible is a virtual representation of said second collectible and said first collectible and said second collectible are digitally coupled together within said system.” There is no disclosure of digitally coupling the collectibles.
Claim 3 discloses the limitation “wherein said second collectible and said third collectible are stored in a remote location on behalf of said first and second user accounts respectively.” There is no disclosure of remotely storing the collectibles.
Claim 4 discloses the limitation “wherein said second user is provided with said first collectible as a result of being traded with said first user and ownership of said second collectible.” The specification generically discloses a first user being able to trade a collectible by transmitting the collectible. [0139] The information may be displayed in collectable information display and selection 1170, which may include a selection, a collectable identifier (e.g., name of a golf pro), a number representing a number of the same collectable available to the user (e.g., duplicates), a code associated to the collectable and/or the like. The selection may, for example, initiate a trade of a collectable and/or transfer of a collectable (e.g., as a gift). Entry field 1173 may be used to, for example, enter an email address of the intended recipient of the collectable and/or an address related to any method of transmitting a virtual collectible.
Claim 6 discloses the limitation “wherein said tasks comprises collecting a complete set of collectibles” (The specification provides antecedent basis for rewarding a physical item based on completing a collection of collectibles but not specifically rewarding a “physical trading card” as claimed, see [0138].)
Claim 7 discloses the limitation “wherein said complete set of collectibles is removed from said first user account in exchange for said second collectible.” (The specification provides antecedent basis for rewarding a physical item based on completing a collection of collectibles but not specifically rewarding a “physical trading card” as claimed, see [0138].)
Claim 11 discloses the limitation “where said second collectible was obtained by said first user account as a result of initiating a specific purchase transaction and before settlement of said specific purchase transaction.” (The specification provides antecedent basis for generically discloses [0145] According to some example embodiments, a reward may be granted to a user at a stage of transaction processing (e.g., authorization) but may not be available for use by the user until a different stage of processing (e.g., settlement). If a transaction is reversed (e.g., via a return, a charge- off and/or a charge-back) after being made available to the user the virtual collectible provider may take steps to remove a value associated with the collectable. Accordingly, if a card is used fraudulently (e.g., a stolen card), virtual collectibles may be disassociated with a collectibles system when the purchases are charged-off as a result of the fraudulent spend.)
Claim 16 discloses the limitation “wherein said first user account is operable to purchase a pack of collectibles on said system, said pack of collectibles are a pack of trading cards; and wherein pack of trading cards comprises a pack of physical trading cards and a pack of images of said physical trading cards which are operable to be viewed on said system.” The specification generically discloses [0136] For example, an additional charge may be added to each purchase (e.g., a piggyback charge) and a reward may be enhanced. For example, a user may receive a pack of virtual cards (e.g., multiple virtual cards), as displayed in option selection display 1145, in exchange for a monetary value.” [0142] “Rewards obtainable using the redemption codes may include physical cards (belonging to a collectible physical set and/or a unique card), memorabilia (e.g., a basketball signed by a professional basketball player), a virtual pack of cards, tickets to an event and/or the like. While the specification does provide antecedent basis for purchasing a pack of virtual cards and for receiving a reward for a collectible set of physical cards, it does not provide antecedent basis for the claim as written wherein the user is able to purchase a pack that comprises a pack of physical cards and a pack of images of said physical cards as claimed.
Claim 17 discloses the limitation “wherein said first user account is operable to be awarded a pack of collectibles on a daily basis.”. Nothing is disclosed related to daily rewards
Claim 18 discloses the limitation “wherein said first user account is operable to view each individual collectible in said daily pack of collectibles, and wherein each viewed collectible is moved to said first user account's collection of collectibles upon initial viewing of each individual collectible”. Nothing is disclosed related to daily rewards
The specification does not provide antecedent basis for these limitations.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claims are directed to an abstract idea without significantly more.
With respect to Step 1 of the eligibility inquiry (as explained in MPEP 2106), it is first noted that the claims are directed to at least one potentially eligible category of subject matter (i.e., process and machine, respectively). Thus, Step 1 of the Subject Matter Eligibility test for claims 1-20 is satisfied.
With respect to Step 2A Prong One, it is next noted that the claims recite an abstract idea that falls under the “Certain Methods Of Organizing Human Activity” group within the enumerated groupings of abstract ideas set forth in the MPEP 2106 since the claims set forth steps that recite commercial interactions (sales activities or behaviors; business relations).
Claims 1 and 13 and 20 recites the abstract idea of earnings collectable in exchange for the completion of a performance metric by the user and exchanging collectables with other users [034, 0133].
In claims 1 and 13, this idea is described by the following claim steps:
wherein said second collectible and third collectible are operable to begin to be traded between said first user account and said second user account upon receiving a trade initiation request from one of said first user account and said second user account.
This idea falls within the certain methods of organizing human activity grouping of abstract ideas because it is directed towards commercial (including sales activities or behaviors; business relations) since the claims are directed to a system to own, manage and trade collectibles between users.
With respect to independent claim 20, the limitations reciting the abstract idea are indicated in bold below:
managing and viewing a collectible collection, wherein said first collectible and second collectible are purchased in a digital transaction, said first collectible and second collectible are placed in said collectible collection, and a selectable option is operable to change the viewable collectible collection based on selection criteria.
As noted above, this idea falls within the certain methods of organizing human activity grouping of abstract ideas because it is directed towards commercial (including sales activities or behaviors; business relations) since the claims are directed to a system to own, manage and trade collectibles between users.
Because the above-noted limitations recite steps falling within the Certain Methods Of Organizing Human Activity abstract idea groupings of the MPEP 2106, they have been determined to recite at least one abstract idea when evaluated under Step 2A Prong One of the eligibility inquiry.
Therefore, because the limitations above set forth activities falling within the Certain Methods Of Organizing Human Activity abstract idea groupings described in the MPEP 2106, the additional elements recited in the claims are further evaluated, individually and in combination, under Step 2A Prong Two and Step 2B below.
With respect to Step 2A Prong Two, the judicial exception is not integrated into a practical application. The additional elements that fail to integrate the abstract idea into a practical application are:
a first collectible owned by a first user account, said first collectible having a first unique identification number not visible by said first user account, wherein said first collectible is a virtual trading card;
a second collectible owned by said first user account, said second collectible having a second unique identification number not visible by said first user account, wherein said second collectible is a physical trading card;
a third collectible operable to be owned by a second user account;
a fourth collectible owned by said first user account, said fourth collectible being sellable and tradeable to other user accounts in said system.
However, using specific field of use by requiring a physical collectible and a computer environment such as digital collectibles amounts to no more than generally linking the use of the abstract idea to a particular technological environment and field of use. Trading collectibles is an abstract process until limited to a computerized environment by requiring a virtual collectible.
These additional elements have been evaluated, but fail to integrate the abstract idea into a practical application because they amount to using generic computing elements or computer-executable instructions (software) to perform the abstract idea, similar to adding the words “apply it” (or an equivalent), and alternatively serve to link the use of the judicial exception to a particular technological environment. See MPEP 2106.05(f) and 2106.05(h).
In addition, these limitations fail to provide an improvement to the functioning of a computer or to any other technology or technical field, fail to apply the exception with a particular machine, fail to apply the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, fail to effect a transformation of a particular article to a different state or thing, and fail to apply/use the abstract idea in a meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, because the Step 2A Prong One and Prong Two analysis resulted in the conclusion that the claims are directed to an abstract idea, additional analysis under Step 2B of the eligibility inquiry must be conducted in order to determine whether any claim element or combination of elements amount to significantly more than the judicial exception.
With respect to Step 2B of the eligibility inquiry, it has been determined that the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As noted above, the claims as a whole merely describes a system that generally “apply” the concepts discussed in prong 1 above. (See MPEP 2106.05 f (II)) In particular applicant has recited the computing components at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using generic computer components. As the court stated in TLI Communications v. LLC v. AV Automotive LLC, 823 F.3d 607, 613 (Fed. Cir. 2016) merely invoking generic computing components or machinery that perform their functions in their ordinary capacity to facilitate the abstract idea are mere instructions to implement the abstract idea within a computing environment and does not add significantly more to the abstract idea. Accordingly, these additional computer components do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Therefore, even when viewed as a whole, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea and as a result the claim is not patent eligible.
In addition, when taken as an ordered combination, the ordered combination adds nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements integrates the abstract idea into a practical application. Their collective functions merely provide generic implementations. Therefore, when viewed as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a practical application of the abstract idea or that, as an ordered combination, amount to significantly more than the abstract idea itself.
For the reasons identified with respect to Step 2A, prong 2, claims 1, 13 and 20 fail to recite additional elements that amount to an inventive concept. For example, use of a computer or other machinery in its ordinary capacity for economic or other tasks or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a commercial or legal interaction or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more (see MPEP 2106.05(g)). In addition, limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application (see MPEP 2106.05(h)).
Dependent claims 2-12 and 14-19 recite the same abstract idea as recited in the independent claims, and when evaluated under Step 2A Prong One are found to merely recite details that serve to narrow the same abstract idea recited in the independent claims accompanied by the same generic computing elements or software as those addressed above in the discussion of the independent claims, which is not sufficient to amount to a practical application or add significantly more, or other additional elements that fail to amount to a practical application or add significantly more, as noted above.
Dependent claim 2 further limits the abstract idea by linking the judicial exception to a particular field of use by introducing the limitation wherein said first collectible is a virtual representation of said second collectible and said first collectible and said second collectible are digitally coupled together within said system. Further embellishing that the invention is capable of processing and associating information in a generic computing environment does not integrate the abstract idea into a practical application or adds significantly more to the abstract idea. Therefore the claims are also non-statutory subject matter.
Dependent claim 3 further limits the abstract idea by linking the judicial exception to a particular field of use by introducing the limitation wherein said second collectible and said third collectible are stored in a remote location on behalf of said first and second user accounts respectively. Further embellishing that the invention is capable of storing information in a generic computing environment does not integrate the abstract idea into a practical application or adds significantly more to the abstract idea.
Dependent claim 4-6 further limits the abstract idea by linking the judicial exception to a particular field of use by introducing the limitations wherein said second user is provided with said first collectible as a result of being traded with said first user and ownership of said second collectible; wherein said second collectible was provided to said first user account as a result of said first user account completing a set of tasks; wherein said set of tasks comprises collecting a complete set of collectibles. Obtaining and Trading collectibles is an abstract process does not integrate the abstract idea into a practical application or adds significantly more to the abstract idea.
Dependent claim 7 further limits the abstract idea by linking the judicial exception to a particular field of use by introducing the limitation wherein said complete set of collectibles is removed from said first user account in exchange for said second collectible. Further embellishing that the invention is capable of processing and associating information in a generic computing environment does not integrate the abstract idea into a practical application or adds significantly more to the abstract idea. Therefore the claims are also non-statutory subject matter.
Dependent claim 8-11 further limits the abstract idea by linking the judicial exception to a particular field of use by introducing the limitations wherein said second collectible was obtained by said first user account as a result of achieving a first performance metric; where said second collectible was obtained by said first user account as a result of initiating a specific purchase transaction; where said second collectible was obtained by said first user account after settlement of a specific purchase transaction; where said second collectible was obtained by said first user account as a result of initiating a specific purchase transaction and before settlement of said specific purchase transaction. Obtaining and Trading collectibles is an abstract process does not integrate the abstract idea into a practical application or adds significantly more to the abstract idea.
Dependent claim 12 further limits the abstract idea by introducing the limitations wherein said first collectible and second collectible are managed by a collection manager and operable to be displayed on a graphical user interface, wherein said first collectible is operable to be displayed with: a first collectible identifier, a number representing how many of said first collectible said user first account owns, and a first image of said first collectible, and said second collectible is operable to be displayed with: a second collectible identifier, a number representing how many of said second collectible said user first account owns, and a first image of said second collectible. Further embellishing that the invention is capable of displaying information in a generic computing environment does not integrate the abstract idea into a practical application or adds significantly more to the abstract idea. Therefore the claims are also non-statutory subject matter.
Dependent claims 14, 16-17 further limits the abstract idea by linking the judicial exception to a particular field of use by introducing the limitations wherein said fourth collectible is part of a first set of collectibles, said first user account being awarded a fifth collectible upon completing said first set of collectibles; wherein said first user account is operable to purchase a pack of collectibles on said system, said pack of collectibles are a pack of trading cards; and wherein pack of trading cards comprises a pack of physical trading cards and a pack of images of said physical trading cards which are operable to be viewed on said system; wherein said first user account is operable to be awarded a pack of collectibles on a daily basis; wherein said fourth collectible was obtained by said first user account as a result of achieving a first performance metric. Obtaining and Trading collectibles is an abstract process does not integrate the abstract idea into a practical application or adds significantly more to the abstract idea.
Dependent claim 15, 18 further limits the abstract idea by introducing the limitations second, and third collectibles are viewable to all user accounts on said system; wherein said first user account is operable to view each individual collectible in said daily pack of collectibles, and wherein each viewed collectible is moved to said first user account's collection of collectibles upon initial viewing of each individual collectible.. Further embellishing that the invention is capable of displaying information in a generic computing environment does not integrate the abstract idea into a practical application or adds significantly more to the abstract idea. Therefore the claims are also non-statutory subject matter.
The ordered combination of elements in the dependent claims (including the limitations inherited from the parent claim(s)) add nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology, and the collective functions merely provide high level of generality computer implementation. Therefore, whether taken individually or as an order combination, the claims are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
For more information see MPEP 2106.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 1- is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Zaloom (US Patent Publication 2011/0035264).
Regarding claim 1, Zaloom discloses a system comprising:
a first collectible owned by a first user account, said first collectible having a first unique identification number not visible by said first user account ([0014] a collectable medium with a unique identification in combination with [0136] The code could also be displayed as a "Bar Code," an optical machine-readable representation of the data. Another way in which the code would be accessed is via a passive Radio-frequency identification (RFID) chip implanted within the token. (An RFID is a computer chip capable of creating a signal transmission that can be tracked using radio waves. Passive RFID tags, which have no battery, require an external source to provoke signal transmission.)), wherein said first collectible is a virtual trading card ([0097] FIG. 5 is an exemplary illustration of a virtual collectable medium in accordance with an embodiment of the present invention in combination with [0116] and [0119] which specifies that the collectable is a virtual trading card. );
a second collectible owned by said first user account, said second collectible having a second unique identification number not visible by said first user account (0019] the collectable medium, includes: [0020] unique identification mechanism that exclusively identifies the collectable medium in combination with [0136] The code could also be displayed as a "Bar Code," an optical machine-readable representation of the data. Another way in which the code would be accessed is via a passive Radio-frequency identification (RFID) chip implanted within the token. (An RFID is a computer chip capable of creating a signal transmission that can be tracked using radio waves. Passive RFID tags, which have no battery, require an external source to provoke signal transmission.)), wherein said second collectible is a physical trading card ([0097] FIG. 5 is an exemplary illustration of a physical collectable medium in accordance with an embodiment of the present invention in combination with [0116] and [0119] which specifies that the collectable is a physical trading card.);
a third collectible operable to be owned by a second user account, wherein said second collectible and third collectible are operable to begin to be traded between said first user account and said second user account upon receiving a trade initiation request from one of said first user account and said second user account ([0121] Additionally collectors would be able to interact with other collectors of like interests within the online collecting platform to exchange, sell and/or trade the tokens. [0455] The web service would also feature a section where users of the website would trade with other users duplicate tokens they collected. This part of the site would be called the Trading Zone. If a user got a token for a player or a team that they were not interested in owning they would post it in the particular team's Trading Zone. That would send an alert out to all other collectors apprising them that a certain player in the user's roster was available for trade. After a trade was completed, the new owner of the token would go online, re-register the code to their profile and take ownership of the (token) player. Previous token holders could opt to have identities cloaked from subsequent owners--thus maintaining the privacy of the immediate trader, or they could allow their identities to be posted. ).
Regarding claim 2, Zaloom discloses a system comprising:
wherein said first collectible is a virtual representation of said second collectible and said first collectible and said second collectible are digitally coupled together within said system ([0079] virtual collectable medium is a representation of a physical collectable article. [0119] A means of creating a digitized version of the trading card online, linked by means of a matching serial number on the physical trading card purchased by the collector, which could be accessed by a personal computer connected to the Internet, would allow the purchaser a more varied and interactive means of collecting. ).
Regarding claim 4, Zaloom discloses a system comprising:
wherein said second user is provided with said first collectible as a result of being traded with said first user and ownership of said second collectible ([0068] Yet another optional exemplary aspect of the present invention provides a system for collectable medium, further including: [0069] a chain of title of ownership of the selected collectable medium, with individual cohorts within the chain of title optionally remaining private. [0455] The web service would also feature a section where users of the website would trade with other users duplicate tokens they collected. This part of the site would be called the Trading Zone. If a user got a token for a player or a team that they were not interested in owning they would post it in the particular team's Trading Zone. That would send an alert out to all other collectors apprising them that a certain player in the user's roster was available for trade. After a trade was completed, the new owner of the token would go online, re-register the code to their profile and take ownership of the (token) player. Previous token holders could opt to have identities cloaked from subsequent owners--thus maintaining the privacy of the immediate trader, or they could allow their identities to be posted.).
Regarding claim 5, Zaloom discloses a system comprising:
wherein said second collectible was provided to said first user account as a result of said first user account completing a set of tasks ([0088] Another optional exemplary aspect of the present invention provides a system for collectable medium, wherein: [0089] cohorts engage in online virtual games with rewards in terms of additional points that may be used within the system, with games themed around cohorts' affinities. See also Fig. 18 users receiving collectibles based on attending an event.).
Regarding claim 6, Zaloom discloses a system comprising:
wherein said set of tasks comprises collecting a complete set of collectibles ([0040] the collectable medium is assigned a set of redeemable points as incentive to acquire additional collectable medium, virtual collectables, and other items of interest. [0062] a display of a subset of the collectable mediums of subject of interest, which facilitates the user to determine the completeness of the set [0373] m. Collect all 200 tokens in the entire series (win double points). This would also include giving additional points once a user has reached a pre decided slot of # of tokens collected, for E.g. 50, 100, 150, etc.).
Regarding claim 8, Zaloom discloses a system comprising:
wherein said second collectible was obtained by said first user account as a result of achieving a first performance metric ([0081] the collectable medium is provided to participating cohorts of an event by a sponsor to establish a relationship with cohorts. [0088] Another optional exemplary aspect of the present invention provides a system for collectable medium, wherein: [0089] cohorts engage in online virtual games with rewards in terms of additional points that may be used within the system, with games themed around cohorts' affinities. See also Fig. 18 users receiving collectibles based on attending an event.).
Regarding claim 9, Zaloom discloses a system comprising:
where said second collectible was obtained by said first user account as a result of initiating a specific purchase transaction ([0085] the collectable medium is provided to individual as a purchase incentive by sponsors.).
Regarding claim 10, Zaloom discloses a system comprising:
where said second collectible was obtained by said first user account after settlement of a specific purchase transaction ([0087] the collectable medium is purchased by an individual.).
Regarding claim 12, Zaloom discloses a system comprising:
wherein said first collectible and second collectible are managed by a collection manager and operable to be displayed on a graphical user interface ([0243] The objective of this module of the portal would be to list out all the functionality provided to an administrator to manage the site. [0062] a display of a subset of the collectable mediums of subject of interest, which facilitates the user to determine the completeness of the set ), wherein said first collectible is operable to be displayed with: a first collectible identifier (See Fig 14 and [0098] FIG. 6 is an exemplary illustration of a collectable medium, including showing of unique identification system in accordance with an embodiment of the present invention; ), a number representing how many of said first collectible said user first account owns (See Fig. 15 and Fig. 21 “Total Collectables” ), and a first image of said first collectible (See Fig 14 and [0098] FIG. 6 is an exemplary illustration of a collectable medium, including showing of unique identification system in accordance with an embodiment of the present invention; ), and said second collectible is operable to be displayed with: a second collectible identifier, a number representing how many of said second collectible said user first account owns, and a first image of said second collectible (See Figures 14-15, 21 and [0098] FIG. 6 is an exemplary illustration of a collectable medium, including showing of unique identification system in accordance with an embodiment of the present invention).
Regarding claim 13, Zaloom discloses a system comprising:
a first collectible owned by a first user account, said first collectible having a first unique identification number not visible by said first user account ([0014] a collectable medium with a unique identification in combination with [0136] The code could also be displayed as a "Bar Code," an optical machine-readable representation of the data. Another way in which the code would be accessed is via a passive Radio-frequency identification (RFID) chip implanted within the token. (An RFID is a computer chip capable of creating a signal transmission that can be tracked using radio waves. Passive RFID tags, which have no battery, require an external source to provoke signal transmission.)), wherein said first collectible is a virtual trading card ([0097] FIG. 5 is an exemplary illustration of a virtual collectable medium in accordance with an embodiment of the present invention in combination with [0116] and [0119] which specifies that the collectable is a virtual trading card. );
a second collectible owned by said first user account, said second collectible having a second unique identification number not visible by said first user account (0019] the collectable medium, includes: [0020] unique identification mechanism that exclusively identifies the collectable medium in combination with [0136] The code could also be displayed as a "Bar Code," an optical machine-readable representation of the data. Another way in which the code would be accessed is via a passive Radio-frequency identification (RFID) chip implanted within the token. (An RFID is a computer chip capable of creating a signal transmission that can be tracked using radio waves. Passive RFID tags, which have no battery, require an external source to provoke signal transmission.)), wherein said second collectible is a physical trading card ([0097] FIG. 5 is an exemplary illustration of a physical collectable medium in accordance with an embodiment of the present invention in combination with [0116] and [0119] which specifies that the collectable is a physical trading card.);
a third collectible operable to be owned by a second user account, wherein said second collectible and third collectible are operable to be traded between said first user account and said second user account upon receiving a first user trade authorization from said first user account and a second user trade authorization from said second user account ([0121] Additionally collectors would be able to interact with other collectors of like interests within the online collecting platform to exchange, sell and/or trade the tokens. [0455] The web service would also feature a section where users of the website would trade with other users duplicate tokens they collected. This part of the site would be called the Trading Zone. If a user got a token for a player or a team that they were not interested in owning they would post it in the particular team's Trading Zone. That would send an alert out to all other collectors apprising them that a certain player in the user's roster was available for trade. After a trade was completed, the new owner of the token would go online, re-register the code to their profile and take ownership of the (token) player. Previous token holders could opt to have identities cloaked from subsequent owners--thus maintaining the privacy of the immediate trader, or they could allow their identities to be posted. ); and
a fourth collectible owned by said first user account, said fourth collectible being sellable and tradeable to other user accounts in said system ([0121] Additionally collectors would be able to interact with other collectors of like interests within the online collecting platform to exchange, sell and/or trade the tokens.).
Regarding claim 14, Zaloom discloses a system comprising:
wherein said fourth collectible is part of a first set of collectibles, said first user account being awarded a fifth collectible upon completing said first set of collectibles ([0040] the collectable medium is assigned a set of redeemable points as incentive to acquire additional collectable medium, virtual collectables, and other items of interest.) .
Regarding claim 15, Zaloom discloses a system comprising:
wherein said first, second, and third collectibles are viewable to all user accounts on said system ([0044] a collectable medium display section for displaying a set of collectable medium of a cohort; [0045] a User Profile section link; [0046] Roster Update section that provides updated information for the subject of interest; [0047] a Favorites section that lists the favorite collectable medium by subject of interest; [0048] a Ranking section for ranking cohorts collections and standing within the collectable computer networking system. Further see [0121] [0215] iii. A virtual Gallery would feature all the virtual goods acquired by a user. (The user could opt to have certain virtual goods publicly or privately viewed) [0460] Below is an outline for the basic entertainment system (described above) that would support an external social network propagated through the exchange of collectable sports theme tokens by users of all ages:.. [0473] d. The Site would also feature a main home landing page where users could view and access links to all the sports teams and players and leagues that were collectable via the online service. [0475] i. Examples of sports that would be featured on the tokens would be:).
Regarding claim 16, Zaloom discloses a system comprising:
wherein said first user account is operable to purchase a pack of collectibles on said system, said pack of collectibles are a pack of trading cards; and wherein pack of trading cards comprises a pack of physical trading cards and a pack of images of said physical trading cards which are operable to be viewed on said system ([0078] Yet another optional exemplary aspect of the present invention provides a system for collectable medium, wherein: [0079] virtual collectable medium is a representation of a physical collectable article. [0097] FIG. 5 is an exemplary illustration of both a physical and a virtual collectable medium in accordance with an embodiment of the present invention. [0119] A means of creating a digitized version of the trading card online, linked by means of a matching serial number on the physical trading card purchased by the collector, which could be accessed by a personal computer connected to the Internet, would allow the purchaser a more varied and interactive means of collecting. [0121] Additionally collectors would be able to interact with other collectors of like interests within the online collecting platform to exchange, sell and/or trade the tokens. Other activities would include social networking, blogging, messaging, social gaming, etc. The collector could also have the ability to have their entire collection of physical trading tokens digitally/virtually displayed on their own personal web pages within the online collecting network.).
Regarding claim 19, Zaloom discloses a system comprising:
wherein said fourth collectible was obtained by said first user account as a result of achieving a first performance metric ([0081] the collectable medium is provided to participating cohorts of an event by a sponsor to establish a relationship with cohorts. [0088] Another optional exemplary aspect of the present invention provides a system for collectable medium, wherein: [0089] cohorts engage in online virtual games with rewards in terms of additional points that may be used within the system, with games themed around cohorts' affinities. See also Fig. 18 users receiving collectibles based on attending an event.).
Regarding claim 20, Zaloom discloses a system comprising:
a first collectible, wherein said first collectible is a digital collectible ([0097] FIG. 5 is an exemplary illustration of a virtual collectable medium in accordance with an embodiment of the present invention in combination with [0116] and [0119] which specifies that the collectable is a virtual trading card. );
a second collectible, wherein said second collectible is a physical collectible ([0097] FIG. 5 is an exemplary illustration of a physical collectable medium in accordance with an embodiment of the present invention in combination with [0116] and [0119] which specifies that the collectable is a physical trading card.); and
a collection manager for viewing a collectible collection ([0243] The objective of this module of the portal would be to list out all the functionality provided to an administrator to manage the site. The options available to the administrator are-- [0244] Generate new Tokens codes [0245] View all users. [0246] Inactivate/activate a user [0247] Send and receive messages [0248] Delete offensive content [0249] Upload photos of the tokens for the tokens gallery), wherein said first collectible and second collectible are purchased in a digital transaction ([0439] Collectors, fans and enthusiasts would purchase and trade sports themed tokens to create offline and virtual online rosters of their favorite teams and players. Claim 23 “23. The system for collectable medium as set forth in claim 1, wherein: the collectable medium is purchased by an individual.” ), said first collectible and second collectible are placed in said collectible collection (See Fig. 15 disclosing the collectibles), and a selectable option is operable to change the viewable collectible collection based on selection criteria ([0067] selection of an individual collectable medium from the subset of collectable medium displays further detailed information related to the selected individual collectable medium, including the unique identifier and content.).
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 3 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zaloom (US Patent Publication 2011/0035264 in view of Hoffman US 8,510,413.
Regarding claim 3, Zaloom discloses a system comprising:
wherein said second collectible and said third collectible are stored ([0010] A method is provided for an offline and Internet based social token exchange network to a user for entertainment. The method comprises storing data relating to a plurality of registration codes, each of the registration codes corresponding to one of a plurality of tokens.)
However does not explicitly disclose that such storage is remote.
Hoffman is introduced to cure such deficiency by disclosing, similarly than Zaloom, a system for virtual collectibles platform wherein users are incentivize with virtual collectibles based on different activities and further teaches:
storing in a remote location on behalf of said first and second user accounts respectively ((25) In embodiments, server 202 maintains a list of Virtual Collectibles belonging to individual users in user accounts database 212, and/or credits, points or other real or virtual currency that can be redeemed or exchanged for Virtual Collectibles. It should be noted that server 202 can maintain other conventional user account information such as usernames, passwords, contact information, etc., either in database 212 or other locally or remotely accessible storages. It should be further noted that the depiction of separate storage 210, 212, and 214 for Virtual Collectibles, user accounts, and rules, respectively, is intended to be representative rather than structural, and that many different forms of local, remote, online, offline, permanent and temporary types of storage are possible, either singly or in combination.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the of the invention to improve the system of Zaloom by storing in a remote location on behalf of said first and second user accounts respectively since such improvement is a well-known modification that provides the well-known benefit of providing different forms of temporary storage types thereby improving costumer experience as disclosed by Hoffman in [025].
Claim 7 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zaloom (US Patent Publication 2011/0035264 in view of Swiderski US Patent Publication 2024/0257086.
Regarding claim 7, Zaloom discloses a system for completing collections of collectibles, however does not explicitly disclose:
wherein said complete set of collectibles is removed from said first user account in exchange for said second collectible.
Swiderski, which similarly is directed to a system for managing collectibles, is introduced to cure such deficiencies by teaching:
wherein said complete set of collectibles is removed from said first user account in exchange for said second collectible ([0009] In various examples, the operations can further comprise presenting, by the processor, a redeem input device on the electronic collectible system GUI through which a user is able to redeem a redeemed collectible in exchange for at least one of the digital-only digital collectible or the physical collectible; receiving, by the processor, a selection of the redeem input device; automatically generating, by the processor, a redeemed collectible record associated with the redeemed collectible; associating, by the processor, the redeemed collectible record with the digital collectible user profile; and/or automatically deleting, by the processor, at least one of the digital-only collectible record or the digital collectible record associated with the physical collectible from the digital collectible user profile. See also Fig. 5 and [0065] In response to transferring the physical collectible to electronic collectible system 110, the physical collectible record can be (automatically) deleted from physical collectible system 120 (step 518). Therefore, the transfer of a physical collectible to electronic collectible system 110 can serve to consolidate the collectibles belonging to a user of system 100 such that the user's collectibles are stored and available in one system and/or user profile/account, rather than multiple systems or accounts having duplicates therebetween.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system in Zaloom by incorporating the teachings of Swiderski, since such modification is a combination of prior art elements known in the art of managing collectibles that yield to predictable results such as consolidate the collectibles belonging to a user of system 100 such that the user's collectibles are stored and available in one system and/or user profile/account, rather than multiple systems or accounts having duplicates therebetween as disclosed by Swiderski [065].
Claim 11 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zaloom (US Patent Publication 2011/0035264 in view of JP 2003533777.
Regarding claim 11, Zaloom discloses receiving the reward after settlement of a transaction, however does not specifically disclose:
where said second collectible was obtained by said first user account as a result of initiating a specific purchase transaction and before settlement of said specific purchase transaction.
JP 2003533777, which similar to Zaloom is directed to receiving rewards based on completion of purchases further teaches:
where said second collectible was obtained by said first user account as a result of initiating a specific purchase transaction and before settlement of said specific purchase transaction (Page 2, Then, the purchase transaction is started by selecting one or a plurality of products from the plurality of products for sale. This device determines whether the product selected by the client device is linked to the promotional data that defines the electronic coupon, If linked, an electronic coupon is generated from the promotion data and provided to the client device. Since the electronic coupon is generated before the purchase transaction is completed, the client device can redeem the electronic coupon during the purchase transaction. The electronic coupon may represent a promotion for either the selected product or a product other than the selected product.).
Therefore, it would have been obvious at the time of the invention to modify Zaloom with the teachings of JP 2003533777 since such modifications is merely a combination of prior art elements previously known in the art of rewards management that yield to the predictable results of allowing the customer to receive the rewards during the transaction such that the user is able to receive the reward before the completion of the transaction as disclosed by JP 2003533777.
Claims 17-18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zaloom (US Patent Publication 2011/0035264 in view of Sansregret (US Patent Publication 2015/0371499).
Regarding claim 17, Zaloom discloses a system wherein the user is able to purchase and acquire a pack of collectibles at any time, however Zaloom does not explicitly disclose that the account is operable to be rewarded a pack of collectibles on a daily basis.
Sansregret, which similarly is directed to a platform wherein a user get collectibles and rewards based on performing tasks, further teaches:
wherein said first user account is operable to be awarded a reward on a daily basis ([028] A non-limiting list of social conditions relate to a multiplayer asynchronous game, a social game, a player game progress, a gift system and a leader board system. A non-limiting list of gaming incentive conditions relate to collection libraries, achievement rewards and daily spin rewards. As will be further explained, the activity condition may be a pre-set criteria in the activity invitation platform or a criteria that is set by a player 106 or an administrator 206, as presented in FIG. 2. [037] The daily spin system module provides components for developers to integrate a daily spin system in order to give a chance to a returning player to win a virtual or monetary prize. [0064] According to yet another embodiment, the activity invitation relating to daily spin includes rewarding the player for coming back to play a game on a daily basis with a bonus game of chance. The activity condition can be set to a daily game login frequency for a player. In one instance, when a player logs into a same game for at least two consecutive days the activity condition is met and the player receives a bonus game. The bonus game offers the player a chance to win virtual goods or virtual currency. A skilled person will recognise that the daily spin may be replaced by a weekly spin or any other type of bonus game of chance that can quickly and easily be played by a returning game player for enhancing player retention.).
Therefore, it would have been obvious at the time of the invention to modify Zaloom with the teachings of Sansregret since such modifications is merely a combination of prior art elements previously known in the art of rewards management that yield to the predictable results of enhancing player retention as disclosed by Sansregret [0064].
Regarding claim 18, Zaloom discloses:
wherein said first user account is operable to view each individual collectible in said daily pack of collectibles, and wherein each viewed collectible is moved to said first user account's collection of collectibles upon initial viewing of each individual collectible ([0064] navigational bar that enables users to navigate through the collectable computer networking system for addition and trade of collectable medium, including view of larger subsets of subject of interest and other cohorts with similar interests. . [0212] i. The platform would feature a store where users could preview "virtual tokens" and then purchase them using points they had earned from collecting the physical tokens. [0215] iii. A virtual Gallery would feature all the virtual goods acquired by a user. (The user could opt to have certain virtual goods publicly or privately viewed)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
OLIVER, US 20120239513, VIRTUAL CLOSET FOR STORING AND ACCESSING VIRTUAL REPRESENTATIONS OF ITEMS. [0003] Embodiments of the present invention relate to a virtual closet that stores and presents virtual representations of physical items. The virtual closet may include virtual representations of items owned by a user, items the user would like to own (e.g., purchase), and memorabilia items for the user. The virtual closet may be employed for a number of purposes. In some embodiments, the virtual closet may facilitate placing items for sale on online selling platforms by providing information of virtual representations from the virtual closet to online selling platforms. In further embodiments, information from a user's virtual closet may be leveraged to target advertisements to the user.
Sapir, US 20090299891, SYSTEM AND METHOD FOR MANAGING ELECTRONIC TRADING CARDS. [0002] The present invention relates generally to an online system for acquiring, managing and trading of electronic trading cards. More specifically, a virtual sports-themed world contains electronic trading cards that exist only within the virtual environment, may be obtained by entry of unique codes, and can be collected, displayed, traded and used in game play. The electronic trading cards do not have a counterpart in the physical world, and may have statistics that are updated on a regular basis.
T. Nakajima, T. Yamabe, T. Alexandrova and M. Sakamoto, "Digital-physical hybrid design: Enhancing real worlds with Augmented reality," 2011 IEEE International Conference on Service-Oriented Computing and Applications (SOCA), Irvine, CA, USA, 2011, pp. 1-6, doi: 10.1109/SOCA.2011.6166235.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA C SANTOS-DIAZ whose telephone number is (571)272-6532. The examiner can normally be reached Monday-Friday 8:00AM-5:00PM.
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/MARIA C SANTOS-DIAZ/ Primary Examiner, Art Unit 3629
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