DETAILED ACTION
This Final Office Action is in response to the arguments and amendments filed May 1, 2026.
Claims 1-3, 6-15, 18, and 20-25 are currently pending and have been considered below.
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 .
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 23 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 23 is directed towards, “wherein the image capture device is configured to detect differences in the visual identifier that are within a range not discernible by a human eye”. The originally filed specification describes the detected differences with respect to slight color changes only (pg. 10 lines 22-26). The claim limitation is attempting to require a broad claim limitation while only having the specific aspect of color differences supported in the specification. This is further new matter as the visual identifier based on the specification includes an image printed onto the packaging is a motif of parts and/or of an entirety of the image, a color of parts and/or the entirety of the image, a use and type of a specific varnish, and/or a use and type of a security ink. These aspects are not supported based on the detected differences within a range not discernible by a human eye. Only color changes are supported and the rest of the written description does not provide support. As such, claim 23 is rejected under 35 USC 112(a) for being directed towards new matter.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 6-15, 18, and 20-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “whereby the block is introduced into the blockchain securely and immediately” in claims 1, 12, and 22 is a relative term which renders the claim indefinite. The term “immediately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Immediately is a relative term of time, however, there is no discussion or description in terms of the speed or timeliness of the block being added to the blockchain. It is unclear the metes and bounds of the speed/time in which the block is added, such as real time or other processing speed timing. As such, immediately is indefinite and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claims 2, 3, 6-11, 13-15, 18, 20, 21, 23-25 inherit the deficiency of their respective parent claim. Therefore, claims 1-3, 6-15, 18, and 20-25 are rejected under 35 USC 112(b).
The term “within a range not discernible by a human eye” in claim 23 is a relative term which renders the claim indefinite. The term “within a range not discernible by a human eye” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification merely provides verbatim description for the claim language, however, within a range denotes a set of values, however, there is no description or examples to ascertain the range that the imaging device provides that are not discernable by a human eye. This is further indefinite with respect to the example providing the description of slight color changes as merely stating color ranges outside the range of human eye does not provide requisite definite metes and bounds for the claim limitation. As such, claim 23 is rejected under 35 USC 112(b) for being directed towards indefinite language.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3, 6-15, 18, 20-25 are rejected under 35 U.S.C. 101 because the claimed invention is directed towards an abstract idea without additional elements that are significantly more or transformative into a practical application.
Independent claims 1, 12, and dependent claim 15 are directed towards (as represented by claim 1), “A method for providing authenticity information, the method comprising: receiving or generating a template of a visual identifier by the printing machine before the product is packed into the packaging, applying, in particular printing, at least the visual identifier on the blank packaging by the printing machine before the product is packed into the packaging, providing the packaging having the visual identifier to a quality control unit before the product is packed into the packaging, receiving the packaging for the product by the quality control unit before the product is packed into the packaging, the packaging having the visual identifier, reading the visual identifier by the quality control unit before the product is packed into the packaging, performing, by the quality control unit, tests and comparisons of the captured image against a template of the visual identifier to obtain the quality information, obtaining, by the quality control unit, quality information about a quality of the visual identifier on the packaging before the product is packed into the packaging, wherein the quality information includes at least one of: dimensions of the visual identifier on the packaging, a correctness of dielines of the visual identifier on the packaging, or a grading of a barcode in the visual identifier on the packaging, ”. The claims are directed towards a commercial interaction in terms of providing a quality control for packaging identifiers. This is further described in the specification in terms of providing measures against counterfeiting and product authenticity which falls under quality control for legal and commercial interactions. The claims provide visual identifiers to check the product packaging for quality control. Quality control elements fall into the sub-grouping of commercial activity and business relation. As such, the claims are directed towards an abstract idea under the certain method of organizing human activity grouping.
Step 2(a)(II) considers the additional elements of the claims in terms of being transformative into a practical application. The additional elements of the independent claims are, “A quality control unit comprising: an image capture device; and a computing unit, wherein the image capture device is configured to capture a visual identifier of a packaging before a product is packed into the packaging, wherein the computing unit is a node connected to a blockchain network, and wherein the computing unit is configured to obtain quality information about a quality of the visual identifier on the packaging before the product is packed into the packaging, wherein the packaging is a flat sheet used to fold the packaging for a product which is packed into the packaging at a later stage {claim 12}; A system comprising: the quality control unit according to claim 12; and a printing machine configured to apply a visual identifier to a packaging for the product, wherein the system is configured to perform a method including {claim 15}; providing a blank packaging for a product to a printing machine before the product is packed into the packaging, passing the packaging by an image capture device of the quality control unit, wherein the image capture device captures an image and generates a captured image of the visual identifier printed onto the packaging, and passing the captured image to a computing unit of the quality control unit, wherein the computing unit extracts the visual identifier from the captured image, creating a first block before the product is packed into the packaging, the first block being a block of a blockchain, based on the visual identifier read by the quality control unit, the first block comprising information about the visual identifier and information about the packaging, wherein the information about the visual identifier includes the obtained quality information, wherein the information about the visual identifier and/or the information about the packaging are used as input to a hash function to determine a hash of the first block to protect the information about the visual identifier and the information about the packaging through integrity of the blockchain, providing the first block to an associated blockchain network directly by the quality control unit before the product is packed into the packaging, the quality control unit being a node of the blockchain network, whereby the first block is introduced into the blockchain securely and immediately, and associating, by the quality control unit, the packaging to the first block of the blockchain via the visual identifier before the product is packed into the packaging, whereby the packaging is permanently and inalterably connected to the first block of the blockchain via the visual identifier”. The printing machine elements in terms of the packaging and flat sheet are described in the originally filed specification [pgs. 6 line 1 to pg. 8 line 21]. The printing machine and elements of packaging are shown and stated to be generic technology to implement the abstract idea. The specification specifically states, “the printing machine 12 is a printing machine for applying a print onto paper and cardboard… Such machine are well known in the art” {pg. 8 lines 19-21}. The additional elements of the computer, imaging, and quality control unit are described in the specification [pg. 8 line 25 to pg. 9 line 26]. The computer, quality control, and other aspects are described as generic technology to implement the abstract idea. Further, the blockchain is additionally described on pages 15 line 1 to pg. 16 line 3 in terms of generic blockchain. The computer, quality control unit, and blockchain (further including the node of the blockchain network) are utilizing generic technology to implement the abstract idea. This is specifically stated in the specification, “The blockchain network 20 can make use of any blockchain technology known in the art” {pg. 9 line 1-2}. Further consideration can be provided in terms of the printing machine and the packaging elements provided. These elements describe the field of use. The product elements and printing machine also describe the field of use for the identified abstract idea. The claims further provide aspects of passing by an image capturing device to capture an image and visual identifier. This is described in the originally filed specification [pg. 11 lines 12-19]. The specification specifically states that the image capturing and analysis are generic technology by the description, “Based on the captured image, the quality control unit 14 performs tests and comparisons of the print on the packaging 11 against a template of the image 26 in a fashion well known in the art” {pg. 11 lines 16-18}. The abstract idea in terms of the commercial interaction and the product verification is utilized for the printing machine and packaging elements. As such, the additional elements are generic technological elements to implement the abstract idea and provides the field of use for the identified abstract idea. Therefore, the additional elements are not transformative into a practical application. Refer to MPEP 2106.05(f) 2106.05(h).
Step 2(b) considers the additional elements of the claims in terms of being significantly more than the identified abstract idea. The additional elements of the independent claims are, “A quality control unit comprising: an image capture device; and a computing unit, wherein the image capture device is configured to capture a visual identifier of a packaging before a product is packed into the packaging, wherein the computing unit is a node connected to a blockchain network, and wherein the computing unit is configured to obtain quality information about a quality of the visual identifier on the packaging before the product is packed into the packaging, wherein the packaging is a flat sheet used to fold the packaging for a product which is packed into the packaging at a later stage {claim 12}; A system comprising: the quality control unit according to claim 12; and a printing machine configured to apply a visual identifier to a packaging for the product, wherein the system is configured to perform a method including {claim 15}; providing a blank packaging for a product to a printing machine before the product is packed into the packaging, passing the packaging by an image capture device of the quality control unit, wherein the image capture device captures an image and generates a captured image of the visual identifier printed onto the packaging, and passing the captured image to a computing unit of the quality control unit, wherein the computing unit extracts the visual identifier from the captured image, creating a first block before the product is packed into the packaging, the first block being a block of a blockchain, based on the visual identifier read by the quality control unit, the first block comprising information about the visual identifier and information about the packaging, wherein the information about the visual identifier includes the obtained quality information, wherein the information about the visual identifier and/or the information about the packaging are used as input to a hash function to determine a hash of the first block to protect the information about the visual identifier and the information about the packaging through integrity of the blockchain, providing the first block to an associated blockchain network directly by the quality control unit before the product is packed into the packaging, the quality control unit being a node of the blockchain network, whereby the first block is introduced into the blockchain securely and immediately, and associating, by the quality control unit, the packaging to the first block of the blockchain via the visual identifier before the product is packed into the packaging, whereby the packaging is permanently and inalterably connected to the first block of the blockchain via the visual identifier”. The printing machine elements in terms of the packaging and flat sheet are described in the originally filed specification [pgs. 6 line 1 to pg. 8 line 21]. The printing machine and elements of packaging are shown and stated to be generic technology to implement the abstract idea. The specification specifically states, “the printing machine 12 is a printing machine for applying a print onto paper and cardboard… Such machine are well known in the art” {pg. 8 lines 19-21}. The additional elements of the computer, imaging, and quality control unit are described in the specification [pg. 8 line 25 to pg. 9 line 26]. The computer, quality control, and other aspects are described as generic technology to implement the abstract idea. Further, the blockchain is additionally described on pages 15 line 1 to pg. 16 line 3 in terms of generic blockchain. The computer, quality control unit, and blockchain (further including the node of the blockchain network) are utilizing generic technology to implement the abstract idea. This is specifically stated in the specification, “The blockchain network 20 can make use of any blockchain technology known in the art” {pg. 9 line 1-2}. Further consideration can be provided in terms of the printing machine and the packaging elements provided. These elements describe the field of use. The product elements and printing machine also describe the field of use for the identified abstract idea. The claims further provide aspects of passing by an image capturing device to capture an image and visual identifier. This is described in the originally filed specification [pg. 11 lines 12-19]. The specification specifically states that the image capturing and analysis are generic technology by the description, “Based on the captured image, the quality control unit 14 performs tests and comparisons of the print on the packaging 11 against a template of the image 26 in a fashion well known in the art” {pg. 11 lines 16-18}. The abstract idea in terms of the commercial interaction and the product verification is utilized for the printing machine and packaging elements. As such, the additional elements are generic technological elements to implement the abstract idea and provides the field of use for the identified abstract idea. Therefore, the additional elements are not significantly more than the identified abstract idea. Refer to MPEP 2106.05(f) 2106.05(h).
Dependent claims 2, 3, 6-11, 13-14, 18, and 20-21 are further describing the abstract idea without further additional elements beyond those identified above. The dependent claims are further describing the abstract idea in terms of the quality control information that is provided and analyzed with a high level of generality, describing the generic technology in terms of the implementation using blockchain hashes and nodes, providing the identifier in terms of information provided within the code (motif, image, varnish, color of parts, ink), and that the packaging is associated with the blockchain before the product is packed into the packaging. The claims are merely describing additional elements in terms of the aspects considered above that are generic technology to implement the abstract idea. The claims are also describing further elements of the field of use in terms of the usage of packaging information, printing machine, when the product is placed and attributed to the blockchain, and other aspects of the product elements. These describe the field of use and are not directed towards additional elements that are considered technical improvements. The claims are further providing the quality control and analysis that fall under the abstract idea considered above without additional elements that are significantly more or transformative into practical application. Refer to MPEP 2106.05(f) and 2106.05(h).
Independent claim 22 is directed towards, “capture an image of a visual identifier on a printed flat sheet and generate captured image data; a processor configured to: extract the visual identifier from the captured image data, perform tests and comparisons of the captured image data against stored template data to generate quality metric data, the quality metric data comprising at least one of: dimensional data of the visual identifier, dieline correctness data of the visual identifier, or barcode grading data of the visual identifier”. The claim is directed towards a commercial interaction in terms of providing a quality control for packaging identifiers. This is further described in the specification in terms of providing measures against counterfeiting and product authenticity which falls under quality control for legal and commercial interactions. The claim provides visual identifiers to check the product packaging for quality control. Quality control elements fall into the sub-grouping of commercial activity and business relation. As such, the claims are directed towards an abstract idea under the certain method of organizing human activity grouping.
Step 2(a)(II) considers the additional elements of the claims in terms of being transformative into a practical application. The additional elements of the independent claims are, “A blockchain network node device comprising: an image capture device configured to; compute a cryptographic hash by applying a hash function to the quality metric data and data associated with the printed flat sheet to protect the quality metric data and the data associated with the printed flat sheet through integrity of a blockchain, and generate a block of the blockchain comprising the cryptographic hash and the quality metric data; and a network interface configured to connect the processor directly to a blockchain network as a node thereof, the processor further configured to transmit the block to the blockchain network via the network interface, whereby the block is introduced into the blockchain securely and immediately”. The printing machine elements in terms of the packaging and flat sheet are described in the originally filed specification [pgs. 6 line 1 to pg. 8 line 21]. The printing machine and elements of packaging are shown and stated to be generic technology to implement the abstract idea. The specification specifically states, “the printing machine 12 is a printing machine for applying a print onto paper and cardboard… Such machine are well known in the art” {pg. 8 lines 19-21}. The additional elements of the computer, imaging, and quality control unit are described in the specification [pg. 8 line 25 to pg. 9 line 26]. The computer, quality control, and other aspects are described as generic technology to implement the abstract idea. Further, the blockchain is additionally described on pages 15 line 1 to pg. 16 line 3 in terms of generic blockchain. The computer, quality control unit, and blockchain (further including the node of the blockchain network) are utilizing generic technology to implement the abstract idea. This is specifically stated in the specification, “The blockchain network 20 can make use of any blockchain technology known in the art” {pg. 9 line 1-2}. Further consideration can be provided in terms of the printing machine and the packaging elements provided. These elements describe the field of use. The product elements and printing machine also describe the field of use for the identified abstract idea. The claims further provide aspects of passing by an image capturing device to capture an image and visual identifier. This is described in the originally filed specification [pg. 11 lines 12-19]. The specification specifically states that the image capturing and analysis are generic technology by the description, “Based on the captured image, the quality control unit 14 performs tests and comparisons of the print on the packaging 11 against a template of the image 26 in a fashion well known in the art” {pg. 11 lines 16-18}. The abstract idea in terms of the commercial interaction and the product verification is utilized for the printing machine and packaging elements. As such, the additional elements are generic technological elements to implement the abstract idea and provides the field of use for the identified abstract idea. Therefore, the additional elements are not transformative into a practical application. Refer to MPEP 2106.05(f) 2106.05(h).
Step 2(b) considers the additional elements of the claims in terms of being significantly more than the identified abstract idea. The additional elements of the independent claims are, “A blockchain network node device comprising: an image capture device configured to; compute a cryptographic hash by applying a hash function to the quality metric data and data associated with the printed flat sheet to protect the quality metric data and the data associated with the printed flat sheet through integrity of a blockchain, and generate a block of the blockchain comprising the cryptographic hash and the quality metric data; and a network interface configured to connect the processor directly to a blockchain network as a node thereof, the processor further configured to transmit the block to the blockchain network via the network interface, whereby the block is introduced into the blockchain securely and immediately”. The printing machine elements in terms of the packaging and flat sheet are described in the originally filed specification [pgs. 6 line 1 to pg. 8 line 21]. The printing machine and elements of packaging are shown and stated to be generic technology to implement the abstract idea. The specification specifically states, “the printing machine 12 is a printing machine for applying a print onto paper and cardboard… Such machine are well known in the art” {pg. 8 lines 19-21}. The additional elements of the computer, imaging, and quality control unit are described in the specification [pg. 8 line 25 to pg. 9 line 26]. The computer, quality control, and other aspects are described as generic technology to implement the abstract idea. Further, the blockchain is additionally described on pages 15 line 1 to pg. 16 line 3 in terms of generic blockchain. The computer, quality control unit, and blockchain (further including the node of the blockchain network) are utilizing generic technology to implement the abstract idea. This is specifically stated in the specification, “The blockchain network 20 can make use of any blockchain technology known in the art” {pg. 9 line 1-2}. Further consideration can be provided in terms of the printing machine and the packaging elements provided. These elements describe the field of use. The product elements and printing machine also describe the field of use for the identified abstract idea. The claims further provide aspects of passing by an image capturing device to capture an image and visual identifier. This is described in the originally filed specification [pg. 11 lines 12-19]. The specification specifically states that the image capturing and analysis are generic technology by the description, “Based on the captured image, the quality control unit 14 performs tests and comparisons of the print on the packaging 11 against a template of the image 26 in a fashion well known in the art” {pg. 11 lines 16-18}. The abstract idea in terms of the commercial interaction and the product verification is utilized for the printing machine and packaging elements. As such, the additional elements are generic technological elements to implement the abstract idea and provides the field of use for the identified abstract idea. Therefore, the additional elements are not significantly more than the identified abstract idea. Refer to MPEP 2106.05(f) 2106.05(h).
Dependent claim 23-25 are further directed towards the abstract idea and are not directed towards additional elements beyond those identified above. The claims are directed towards, “wherein the image capture device is configured to detect differences in the visual identifier that are within a range not discernible by a human eye”, “wherein the visual identifier is present in the block as a transaction or part of a transaction”, and “wherein the hash function is the hash function used in the blockchain of the blockchain network”. The claims are further describing the quality control elements in terms of the detected differences and providing the block as part of a transaction. The additional elements above considered the blockchain aspects (hash function and block) and considered them generic technology based on the originally filed specification. The claims are not directed towards additional elements that are significantly more or transformative into a practical application. Refer to MPEP 2106.05(f).
The claimed invention is describing an abstract idea without additional elements that are significantly more or transformative into a practical application. Therefore, claims 1-3, 6-15, 18, and 20-25 are rejected under 35 USC 101 for being directed towards non-eligible subject matter.
Response to Arguments
In response to the arguments filed May 1, 2026 on pages 1-4 regarding the 35 USC 101 rejection, specifically that the claim limitations are directed towards eligible subject matter.
Examiner respectfully disagrees.
The arguments allege that the amended claim limitations are directed towards eligible subject matter with respect to Example 36 claim 3. Examiner first notes that the example claim and specification provides specific elements towards the camera including the specific type and structure of the camera, the steps regarding contour information and imaging sequencing that provides improvements in terms of the high-resolution video camera that reconstructs the 3-d coordinates that is an improvement to the technology of camera array tracking. The current application is directed towards, “passing the packaging by an image capture device of the quality control unit, wherein the image capture device captures an image and generates a captured image of the visual identifier printed onto the packaging, and passing the captured image to a computing unit of the quality control unit, wherein the computing unit extracts the visual identifier from the captured image, performing, by the quality control unit, tests and comparisons of the captured image against a template of the visual identifier to obtain the quality information”. The imaging capture device is not described in the originally filed specification in terms of a specific technical improvement or even structural element. The capturing device is generic technology that passes the image to a quality control unit and compares against a template. The difference between the pending application and Example 36 is the example is providing a specific technical improvement with technical improvements and additional elements that are beyond well-understood, routine, and conventional. The pending application specifically states that the image capturing and analysis are generic technology by the description, “Based on the captured image, the quality control unit 14 performs tests and comparisons of the print on the packaging 11 against a template of the image 26 in a fashion well known in the art” {pg. 11 lines 16-18}. The additional elements are directed towards generic technology to implement the abstract idea. This further includes the consideration of the blockchain elements that also are considered generic technology based on the specification, “The blockchain network 20 can make use of any blockchain technology known in the art” {pg. 9 line 1-2}. The claimed invention is directed towards an abstract idea and is not directed towards additional elements that are significantly more or transformative into a practical application. As such, claims 1, 12, and 22 are maintaining the 35 USC 101 rejection, as considered above in light of the amended and newly added claim limitations.
Lacking any further arguments, claims 1-3, 6-15, 18, and 20-25 are maintaining the 35 USC 101 rejection, as considered above in light of the amended and newly added claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Small et al [2021/0342957];
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW CHASE LAKHANI whose telephone number is (571)272-5687. The examiner can normally be reached M-F 730am - 5pm (EST).
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/ANDREW CHASE LAKHANI/Primary Examiner, Art Unit 3629
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