DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s “Argument” filed on 05/19/2026 has been considered.
Claims 1-25 remain pending in this application and an action on the merits follow.
Applicant' s response by virtue of arguments to claims has not overcome the Examiner' s rejection under 35 USC § 101.
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 1-25 are rejected under 35 USC 101. The claimed invention is directed to non-statutory subject matter because claims 1 and 15 are directed to an abstract idea without significantly more. Claims 2-14 and 16-25 fail to remedy these deficiencies.
The claims 1 and 15 recite storing system digital assets, locking the system assets to back interactions, displaying information regarding a digital asset-based interaction, engaging the digital asset-based interaction, obtaining an amount of first desired assets, sending real time information regarding the digital asset-based interaction, obtaining a notification confirming the digital asset-based interaction is backed, executing the digital asset-based interaction process by exchanging the amount of the first desired assets to an amount of second desired assets, providing the amount of the second desired assets, and distributing the amount of the second desired assets.
The Claims 1 and 15 recite engaging, obtaining an amount of first desired assets, executing the exchanging, and distributing steps as drafted, are processes that under broadest reasonable interpretation, cover performance of commercial interactions and fundamental economic principles, but for the recitation of generic computer components. That is, other than reciting “a digital asset-based interaction system comprises: a digital asset-based interaction computing entity, a user computing devices, a first digital asset-based interaction interface, a bi-directional digital asset point-of-sale (POS) computing device, wherein the bi-directional digital asset POS computing device includes: a user interface, a display, a digital asset POS module coupled to the display, wherein the digital asset POS module is associated with the digital asset-based interaction computing entity via a second digital asset-based interaction interface”, nothing in the claim element precludes the steps from practically being performed by organizing commercial interactions. For example, but for the “a digital asset-based interaction system comprises: a digital asset-based interaction computing entity, a user computing devices, a first digital asset-based interaction interface, a bi-directional digital asset point-of-sale (POS) computing device, wherein the bi-directional digital asset POS computing device includes: a user interface, a display, a digital asset POS module coupled to the display, and a second digital asset-based interaction interface” in the context of these claims encompasses a entity/person manually stores system digital assets to lock/back for digital assets-based interactions, engaging a commercial/exchange/sell/buy digital asset-based interaction on a screen/paper/board, provides the first desired assets for executing the digital asset-based interaction by exchanging the amount of the first desired assets to an amount of second desired assets, provides the amount of second desired assets, and distributes the amount of second desired assets. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation by managing commercial interactions and fundamental economic principles but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because displaying and sending real time information and obtaining a notification steps are recited at a high level of generality (i.e., as a general means of displaying and sending real time commercial interaction information and obtaining an notification steps) and amounts to mere data gathering and mere data outputting, which is a form of insignificant extra-solution activity. The digital asset-based interaction computing entity, the computing device, the first digital asset-based interaction interface, the bi-directional digital asset point-of-sale (POS) computing device, wherein the bi-directional digital asset POS computing device includes: the user interface, the a display, the digital asset POS module, and the second digital asset-based interaction interface are recited at a high-level of generality (i.e., as a generic computing system, a generic screen, a generic user computing device, the generic POS module, and the generic computing entity performing generic computer functions of storing, locking, displaying, engaging, obtaining an amount of first desired assets, sending, obtaining a notification, executing the exchanging, providing, and distributing steps) such that they amount no more than mere instructions to apply the exception using generic computer components. This judicial exception is not integrated into a practical application because the claims as a whole merely describe how to generally “apply” the concept of storing, locking, displaying, engaging, obtaining an amount of first desired assets, sending, obtaining a notification, executing the exchanging, providing, and distributing in a computer environment. The claimed computer components such as the digital asset-based interaction computing entity, the computing device, the first digital asset-based interaction interface, the bi-directional digital asset point-of-sale (POS) computing device, wherein the bi-directional digital asset POS computing device includes: the user interface, the a display, the digital asset POS module, and the second digital asset-based interaction interface are recited at a high level of generality and are merely invoked as tools to perform storing, locking, displaying, engaging, obtaining an amount of first desired assets, sending, obtaining a notification, executing the exchanging, providing, and distributing steps. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims 1 and 15 are directed to an abstract idea.
The claims 1 and 15 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using the digital asset-based interaction computing entity, the computing device, the first digital asset-based interaction interface, the bi-directional digital asset point-of-sale (POS) computing device, wherein the bi-directional digital asset POS computing device includes: the user interface, the a display, the digital asset POS module, and the second digital asset-based interaction interface, to perform storing, locking, displaying, engaging, obtaining an amount of first desired assets, sending, obtaining a notification, executing the exchanging, providing, and distributing steps amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Therefore, the claim does not amount to significantly more than the recited abstract idea (Step 2B: NO). The claims 1 and 15 are not patent eligible.
Claims 2-3, disclose insignificant helpful content to further describe content, such as , which are merely descriptive content to further limit the abstract idea but not make it less abstract. Thus, the claims 4-14 and 16-25 are directed to an abstract idea.
The claims 2 and 3 recite the steps of interpreting and obtaining codes.
The limitation of interpreting step, cover performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “one or more scanning devices, the display, a code module coupled to an scanning interface”, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “the one or more scanning devices, the display, the code module coupled to the scanning interface” language, “interpreting” in the context of these claims encompasses a user/person manually interprets codes. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because obtaining step is recited at a high level of generality (i.e., as a general means of obtaining the codes) and amounts to mere data gathering, which is a form of insignificant extra-solution activity. The scanning devices, the display, the code module coupled to the scanning interface are recited at a high-level of generality (i.e., as a generic scanning devices with ode module coupled to the scanning interface and the generic display performing obtaining and interpreting codes steps) such that they amount no more than mere instructions to apply the exception using generic computer components. The claimed scanning devices, the display, the code module coupled to the scanning interface are not specially programmed and cannot be specially identified. Therefore, the scanning devices, the display, the code module coupled to the scanning interface are not considered as “particular machine” (See MPEP § 2106.05(b)). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims 2-3 are directed to an abstract idea.
The claims 2-3 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using the scanning devices, the display, the code module coupled to the scanning interface to perform interpreting and obtaining steps amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Therefore, the claims do not amount to significantly more than the recited abstract idea (Step 2B: NO). The claims 2-3 are not patent eligible.
Claims 4-14 and 16-25, disclose insignificant helpful content to further describe content, such as the type of real time information, the type of the first desired assets and the second desired assets, the type of the digital asset-based interaction, different way of receiving/obtaining the first desired assets and different ways of dispending/ sending/distributing the second desired assets, an address for transferring/receiving assets, and a merchant fee for interactions, which are merely descriptive content to further limit the abstract idea but not make it less abstract. Thus, the claims 4-14 and 16-25 are directed to an abstract idea.
This judicial exception is not integrated into a practical application because descriptive content in claims 4-14 and 16-25 further limit the abstract idea but not make it less abstract. Thus, the claims 4-14 and 16-25 are directed to an abstract idea.
There are no additional claim element limitations recited in the claims 4-14 and 16-25. Therefore, the claim does not amount to significantly more than the recited abstract idea (Step 2B: NO). The claims 4-14 and 16-253 are not patent eligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-25 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2019/0318326 to Russell et al., in view of U.S. Patent Application Publication No. 2021/0118052 to Walser., and further in view of U.S. Patent Application Publication No. 2022/0351289 to Gradin et al.
With regard to claims 1 and 15, Russell discloses a digital asset-based interaction system comprises (Fig. 2 and Fig. 6):
a digital asset-based interaction computing entity (Fig. 6, a central computer/server 180);
a user computing device including a first digital asset-based interaction interface associated with the digital asset-based interaction computing entity (Fig, 2, paragraph 28, FIG. 2 shows the cryptocurrency kiosk/ATM device 100 in communication with various remote devices including a desktop computer 200, laptop computer 210, smart phone 220 and smart tablet 230. It would have been obvious to one of ordinary in the art to engage an digital asset-based interaction via a user interface of an exchange platform app on a laptop computer or a smart phone.);
a bi-directional digital asset point-of-sale (POS) computing device (fig. 2, a cryptocurrency kiosk/ATM device 100), wherein the bi-directional digital asset POS computing device includes: a user interface, wherein the user computing device is operable to engage in a digital asset- based interaction with the bi-directional digital asset POS computing device via the user interface (FIGS. 4A-4H illustrates a series of exemplary screen shots of a user interface associated with the cryptocurrency kiosk/ATM. paragraphs 28-29, In such an embodiment, the cryptocurrency kiosk/ATM device 100 incorporates a RF transceiver 180 for communicating with said remote devices. The cryptocurrency kiosk/ATM device 100 facilitates cryptocurrency transactions including purchases and sales of cryptocurrency. The wireless communication link between the remote devices and cryptocurrency kiosk/ATM 100 allows users to transact some aspects of cryptocurrency purchases and sales remotely as described in more detail below.);
a display operable to display information regarding the digital asset-based interaction (Fig. 1-2, paragraphs 27-28, the kiosk/ATM device 100 can be used with any type of cryptocurrency or digital currency. Broadly, the cryptocurrency/ATM device 100 comprises a bill validator 110, bill dispenser 120, printer 130, code reader/scanner 140, touch screen display 150, processor/controller 160 and wireless internet connection means (e.g. modem) 170 communicatively joined together using conventional means. FIG. 2 shows the cryptocurrency kiosk/ATM device 100 in communication with various remote devices including a desktop computer 200, laptop computer 210, smart phone 220 and smart tablet 230.); and
10a digital asset POS module coupled to the display, wherein the digital asset POS module is associated with the digital asset-based interaction computing entity via a second digital asset-based interaction interface, and wherein the digital asset POS module is operable to (Fig. 6, paragraphs 27, 38, As set forth above, software and firmware assist with the operation of the cryptocurrency kiosk/ATM 100 as detailed below. FIG. 6 shows a network comprising a plurality of cryptocurrency kiosk/ATM devices 100-1 through 100-N in wired and/or wireless communication with a central computer/server 180. The central computer/server 180 may also communicate with a website hosting server 190 to facilitate communication with a cryptocurrency exchange as described above. FIGS. 4A-4H illustrates a series of exemplary screen shots of a user interface associated with the cryptocurrency kiosk/ATM.):
obtain an amount of first desired assets from the user computing device (paragraphs 34-36, a sell receipt is identified a new workflow process is implemented because after a user sends cryptocurrency to the kiosk/ATM100, the cryptocurrency network needs to process it. it is determined that the cryptocurrency amounts do match, at 500, receipt information is evaluated and, at 505, it is determined if the transaction verification is complete. An amount of cryptocurrency to be sold in dollars may be entered using dynamic icon 629. Using next icon 630 takes the user to screen shot 635 prompting the user to send the cryptocurrency to the cryptocurrency address associated with the cryptocurrency kiosk/ATM device 100 via QR code 636 and a timer 637 associated therewith.);
send real-time information regarding the digital asset-based interaction to the digital asset- based interaction computing entity (paragraph 38, claim 3, The central computer/server 180 may also communicate with a website hosting server 190 to facilitate communication with a cryptocurrency exchange as described above. said processor is further configured to utilize said internet connection means to contact a cryptocurrency exchange to fund requests for cryptocurrency in exchange for cash);
connect to the digital asset-based interaction computing entity to exchange the amount of the first desired assets to an amount of second desired assets, wherein 25the amount of the second desired assets is substantially equivalent to the amount of the first desired assets (paragraph 30, he user selects an amount of cryptocurrency to purchase or amount of conventional currency to exchange for cryptocurrency.);
providing, by the digital asset-based interaction computing entity, the amount of the second desired assets to the bi-directional digital asset POS computing device (paragraph 30, The destination cryptocurrency address is a digital address which is configured to receive the cryptocurrency when electronically dispensed by the cryptocurrency kiosk/ATM device 100.); and
distribute the amount of the second desired assets (paragraphs 35-36, If, at 515, it is determined that network confirmation has occurred, at 525, the user is prompted to depress a withdraw button or icon on the touch screen display 150. At 530, it is determined if there is sufficient cash in the cryptocurrency kiosk/ATM device 100 to fund the cash withdraw. Screen shot 625 depicts an initial page responsive to a sell cryptocurrency transaction. The screen shot 625 also shows the going exchange rate 626 and the fee 627 charged by the operator of the cryptocurrency kiosk/ATM device 100 and the price of the sale 628. ).
However, Russell does not disclose a digital asset-based interaction computing entity operable to: store system digital assets; lock the system digital assets to back digital asset-based interactions of the digital asset-based interaction system; obtain a notification from the digital asset-backed interaction computing entity confirming the digital asset-based interaction is backed with an amount of the system digital assets, storing, by a digital asset-based interaction computing entity of a digital asset-based interaction system, system digital assets to back digital asset-based interactions on behalf of one or more user computing devices of the digital asset-based interaction system; locking, by the digital asset-based interaction computing entity, an amount of system digital assets of the system digital assets to back the digital asset-based interaction.
However, Walser teaches obtain a notification from the digital asset-backed interaction computing entity confirming the digital asset-based interaction is backed with an amount of the system digital assets (Upon processing the exchange transaction, crypto exchange service 104 may inform pre-staging service 101 upon settlement of the transaction (for example via API 402), and notify pre-staging service about the availability of the funds. At this point, pre-staging service may signal to the customer via mobile app 102 that the USD currency is ready for pickup at the chosen bank ATM network. Examiner notes that a notification is obtained to show the backed/locked fund is reserved for pickup/withdraw, which is considered as “obtain a notification from the digital asset-backed interaction computing entity confirming the digital asset-based interaction is backed with an amount of the system digital assets”. paragraph 76).
It would have been obvious to one of ordinary in the art to include in the cryptocurrency exchange system associated with cryptocurrency kiosk/ATM devices and remotes devices of Russell the ability to notify pre-staging service about the availability of the funds (an amount of system digital assets) is reserved/locked for transactions as taught by Walser 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.
However, Gradin teaches a digital asset-based interaction computing entity operable to: store system digital assets/storing, by a digital asset-based interaction computing entity of a digital asset-based interaction system, system digital assets to back digital asset-based interactions on behalf of one or more user computing devices of the digital asset-based interaction system (A multi-asset-backed bridge asset is an asset that is backed by multiple other assets, which is here referred to as backing asset or collateral, paragraph 12); lock the system digital assets to back digital asset-based interactions/locking, by the digital asset-based interaction computing entity, an amount of system digital assets of the system digital assets to back the digital asset-based interaction (Examiner notes that an amount of the basket of collateral assets is backed/locked, by an exchange system/the intermediary party, as collateral for an amount of virtual currency/digital assets, wherein the amount of virtual currency/digital assets interaction is backed, which is considered as “a digital asset-based interaction computing entity operable to store system digital assets and lock the system digital assets to back digital asset-based interactions of the digital asset-based interaction system”, paragraphs 37-39, 69, and 73-79).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cryptocurrency cash gateway system of Walser and Russell to include, storing…system digital assets to back a digital asset-based interaction…locking…an amount of system digital assets of the system digital assets to back a real-time digital asset-based interaction process, as taught in Gradin, in order to exchange assets with distributed trust in real-time (Gradin, abstract).
With regard to claim 2, Russell discloses wherein the bi-directional digital asset POS computing device includes one or more scanning devices coupled to the display; and 5wherein the digital asset POS module includes a scanning interface coupled to the one or more scanning devices (Fig. 1, paragraph 5, a standalone cryptocurrency kiosk/ATM device including (iv) code scanner).
With regard to claim 3, Russell discloses the second digital asset-based interaction interface includes a code module coupled to the scanning interface, wherein the code module is operable to: interpret codes scanned by the one or more scanning devices, wherein a code of the codes contains information pertaining to the digital asset-based interaction; and obtain codes from the digital asset-based computing entity for displaying on the display (Fig. 4D, 4F, paragraphs 30 and 36, the code reader/scanner 140 reads a QR code, barcode or the like representing the destination cryptocurrency address and which is depicted on the user's smart phone or similar electronic device. Using next icon 630 takes the user to screen shot 635 prompting the user to send the cryptocurrency to the cryptocurrency address associated with the cryptocurrency kiosk/ATM device 100 via QR code 636 and a timer 637 associated therewith.).
With regard to claims 4 and 16, Russell discloses the real-time information includes one or more of: a merchant identifier (ID), wherein the bi-directional digital asset POS computing device is 20associated with a merchant having the merchant ID; a terminal ID of the bi-directional digital asset POS computing device; a user computing device ID, wherein the bi-directional digital asset POS computing device is operable to obtain user computing device real-time information from the user computing device via the user interface; 25a type of the digital asset-based interaction; a type of the first desired assets; a type of the second desired assets; an amount of the first desired assets; and an amount of the second desired assets (paragraph 38 and claim 3).
With regard to claims 5 and 17, Russell discloses the type of the first desired assets include one or more of: one or more user desired fiat currencies; 5one or more user desired digital assets; one or more merchant desired fiat currencies; and one or more merchant desired digital assets, wherein the bi-directional digital asset POS computing device is associated with a merchant that specifies one or more of the one or more merchant desired fiat currencies and the one or more merchant desired digital assets (paragraph 30, the user selects an amount of cryptocurrency to purchase or amount of conventional currency to exchange for cryptocurrency. Examiner notes that the type of the first desired assets can be fiat cash/notes/cryptocurrency).
With regard to claims 6 and 18, Russell discloses the type of the second desired assets include one or more of: one or more user desired digital assets; 15one or more merchant desired fiat currencies; and one or more merchant desired digital assets, wherein the bi-directional digital asset POS computing device is associated with a merchant that specifies one or more of the one or more merchant desired fiat currencies and the one or more merchant desired digital assets (paragraph 30, examiner notes that the type of the second desired assets can be fiat cash/notes/cryptocurrency).
20 With regard to claims 7 and 19, Russell discloses the type of the digital asset-based interaction includes one or more of: a digital asset-based payment from the user computing device to the bi-directional digital asset POS computing device; 25 a digital asset-based payment with an increase amount request by the user computing device; a digital asset sale request by the user computing device; and 30a digital asset purchase request by the user computing device (Fig. 4A, paragraph 36).
With regard to claim 8, Russell discloses the digital asset POS module further includes an asset depository and acceptance unit, wherein the asset depository and acceptance unit includes one or more of: 5a digital asset wallet application; an interface to one or more network enabled smart contracts; a card reader; a fiat currency storage receptacle; a fiat currency dispenser; and 10a flat currency acceptor (paragraph 5 and claim 1, bill dispenser, a local cryptocurrency inventory of the A standalone cryptocurrency kiosk/ATM device).
With regard to claims 9 and 20, Russell discloses the digital asset POS module is operable to obtain the amount of the first desired assets by: 15receiving, by the fiat currency acceptor of the asset depository and acceptance unit, at least a portion of the first desired assets from a user of the user computing device (paragraph 31, At 360, the user inserts cash/notes into the bill validator 110 of the cryptocurrency kiosk/ATM 100).
With regard to claims 10 and 21, Russell discloses the digital asset POS module is operable to obtain the amount of the first desired assets by: 20 providing, via the user interface, an address associated with the digital asset-based computing entity to the user computing device, wherein the user computing device is operable to transfer at least a portion of the first desired assets to the address (paragraphs 34-36, Using next icon 630 takes the user to screen shot 635 prompting the user to send the cryptocurrency to the cryptocurrency address associated with the cryptocurrency kiosk/ATM device 100 via QR code 636 and a timer 637 associated therewith.).
25 With regard to claims 11 and 22, Russell discloses the digital asset POS module is operable to distribute the amount of the second desired assets by one or more of: utilizing at least a portion of the amount of the second desired assets for a payment from the user 30computing device; and FLEX00050-0188sending at least a portion of the amount of the second desired assets to a location associated with the user computing device (paragraphs 30 and 32, at 315, the user selects an amount of cryptocurrency to purchase or amount of conventional currency to exchange for cryptocurrency. In another embodiment, the code reader/scanner 140 reads a QR code, barcode or the like representing the destination cryptocurrency address and which is depicted on the user's smart phone or similar electronic device. The cryptocurrency is transmitted from the local digital address associated with the cryptocurrency kiosk/ATM device 100 to the destination cryptocurrency address provided previously by the user. Finally, at 400, a cryptocurrency sent message is presented to the user via the touch screen display 150.).
With regard to claims 12 and 23, Russell discloses the digital asset 5POS module is operable to send the at least the portion of the amount of the second desired assets to the location associated with the user computing device by: dispensing the at least the portion of the amount of the second desired assets to a user of the user computing device (paragraph 35 and claim 1, If confirmation occurs, at 545, the transaction is finished and, at 550, the cash/notes are dispensed. if verified, dispense cash via said bill dispenser in exchange for said cryptocurrency transmitted by said user from said remote unique user-supplied digital address to said digital cryptocurrency inventory.).
With regard to claims 13 and 24, Russell discloses the digital asset POS module is operable to send the at least the portion of the amount of the second desired assets to the location associated with the user computing device by 15obtaining, via the user interface, an address associated with the user computing device; and wherein the digital asset-based computing entity is operable to transfer the at least the portion of the second desired assets to the address (paragraphs 30 and 32, at 315, the user selects an amount of cryptocurrency to purchase or amount of conventional currency to exchange for cryptocurrency. In another embodiment, the code reader/scanner 140 reads a QR code, barcode or the like representing the destination cryptocurrency address and which is depicted on the user's smart phone or similar electronic device. The cryptocurrency is transmitted from the local digital address associated with the cryptocurrency kiosk/ATM device 100 to the destination cryptocurrency address provided previously by the user. Finally, at 400, a cryptocurrency sent message is presented to the user via the touch screen display 150).
With regard to claims 14 and 25, Russell discloses the amount of 20the first desired assets includes a merchant fee, wherein a merchant associated with the bi- directional digital asset POS computing device charges the merchant fee for facilitating the digital asset-based interaction (paragraph 36, The screen shot 610 also shows the going exchange rate 612 and the fee 613 charged by the operator of the cryptocurrency kiosk/ATM device 100 and the price of the purchase 614).
Response to Arguments
Applicants' arguments filed on 05/19/2026 have been fully considered but they are not fully persuasive especially in light of the previously references applied in the rejections.
Applicants remark that “this is an improvement compared to other cryptocurrency-based payment systems where typically a user must either custody their cryptocurrency with the system that is processing the transaction or wait a period of time for cryptocurrency to be confirmed on the blockchain (see discussion below regarding Russell and Walser). Blockchain confirmations are a significant drawback to transacting with cryptocurrency. In the present invention, the system allows for instant and private transactions for a user while reducing the risk of fraud to the merchant. Thus, a traditional blockchain interaction is improved by the present invention.”.
In Ex parte Steven Charles Davis, the Patent Trial and Appeal Board (PTAB) reversed a 35 USC§101 rejection of a method and system for fraud control of blockchain-based transactions. Appel No. 2019-004127, at 1 (P.T.A.B. August 19, 2020). However, the scope of the claims is not similar to the appealed case.
An improvement in the abstract idea itself (e.g. a recited commercial interaction) is not an improvement in technology. For example, in Trading Technologies Int’l v. IBG, 921 F.3d 1084, 1093-94, 2019 USPQ2d 138290 (Fed. Cir. 2019), the court determined that the claimed user interface simply provided a trader with more information to facilitate market trades, which improved the business process of market trading but did not improve computers or technology. To show that the involvement of a computer assists in improving the technology, the claims must recite the details regarding how a computer aids the method, the extent to which the computer aids the method, or the significance of a computer to the performance of the method. Merely adding generic computer components to perform the method is not sufficient. Thus, the claim must include more than mere instructions to perform the method on a generic component or machinery to qualify as an improvement to an existing technology. See MPEP § 2106.05(f) for more information about mere instructions to apply an exception.
The claim limitation does not, for example, purport to improve the functioning of the computer itself. Nor does it effects an improvement in any other technology or technical field. This judicial exception is not integrated into a practical application because the claims as a whole merely describe how to generally “apply” the cryptocurrency exchange and blockchain networks/system in a computer environment. They do not describe any particular improvement in the manner a computer functions. Instead, the claim amounts to nothing significantly more than using a digital asset-based interaction system on a POS computer to execute/process a transaction. Under our precedents, that is not enough to transform an abstract idea into a patent-eligible invention.
Applicants remark that “Russell and Wesler describe systems that are not real time transactions for a user (i.e., the user has to wait a confirmation period to receive funds from a crypto sale). The above references, separately or in combination, fail to teach or render obvious a system that stores system cryptocurrency to back a user's real-time transactions (i.e., the user does not wait for confirmations) where the user can interact with a cryptocurrency of their choice (i.e., different from the collaterally backed currency of Gradin).”. Examiner does not agree. Under broadest reasonable interpretation, the scope of claims does not disclose or teach how the digital asset-based interaction performs obtaining an asset, sending information, obtaining a notification, confirming, connecting, and distributing steps without a confirmation/processing/waiting period of time. There is no definition how long does it take to process a “real time” transaction.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication from the examiner should be directed to Ariel Yu whose telephone number is 571-270-3312. The examiner can normally be reached on Monday-Friday 9:00am-5:00pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Obeid Fahd A can be reached on 571-270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIEL J YU/Primary Examiner, Art Unit 3627
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