DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This a final rejection in response to amendments/remarks filed on 09/08/2025. Claims 1 has been cancelled. Claims 2-21 are newly added, and are treated as follows.
Priority
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election by Original Presentation
Newly submitted claims 2-21 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
-Election by original presentation limits the subsequent prosecution to the initially-examined (acted upon) invention in a single application. See 37 CFR 1.145, MPEP 818.02(a), and MPEP821.03.
-Applicants are generally not permitted to switch inventions after an election is made in response to a restriction requirement, and there has been an office action on the merits of the elected invention. MPEP 819
-If applicant later presents claims directed to an invention that is independent or distinct from claims previously examined on the merits, and there would be a serious search and examination burden on the examiner if restriction is not required, such claims may be withdrawn from consideration as being directed to a non-elected invention. MPEP 821.03
-Originally presented claims may be considered constructively elected (e.g., where original claims were directed to only one invention, but after an action on the merits, applicant introduced claims to a second, patentably distinct invention).
-The new claims are independent or distinct from the originally presented invention because the claims have shifted from original claim 1 which stated, “I Haynie O'Neal Smith II claims ownership of The Music Card and all figures as a collective in specifications Drawing 1 (Front) and Drawing 2 (Back)” to now claim(in amended claim 2 as a representative claim):
A digital content access system comprising: a physical card body formed of plastic and configured for display at a retail point of sale;
a machine-readable code printed on the card body and configured to direct a computing device to a digital content access webpage;
a scratch-off coating on the card body concealing a redemption code that is uniquely associated with a media product;
a visual display on the card body including:
(a) a name of an artist or author,
(b) a title of a digital media product, and
(c) artwork associated with the digital media product;
wherein the digital content access webpage includes a user interface configured to receive the redemption code, validate the code through a backend authentication server, and initiate a digital delivery process for the digital media product;
wherein the backend authentication server is configured to:
(i) verify authenticity of the redemption code against a database of issued codes,
(ii) apply a discount to a checkout price based on the code, and
(iii) upon successful payment, generate and transmit a download link to a user-supplied email address, the download link being restricted to a time-limited or usage-limited access window.
Analysis: Election by original presentation is proper based on a comparison of the claims, because originally, the “ownership” of a music card was being claimed, which does not overlap in scope with a digital content access system with specified structure and features recited above. There is a serious search and examination burden because the inventions require a different field of search, such as employing different search strategies and searching features that were not originally presented in the specification.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 2-21 withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Specification
The amendment filed 09/08/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Paragraphs [0002-0004], [0006-0046] all introduce new embodiments and further limitations that were not previously described in the previous specifications. As a non-limiting example, Figs 3A – Fig. 7, were not previously disclosed in the original disclosure in neither the specification or drawings, however, paragraphs [0029-0036] recite newly added features such as:
-[0029] FIGS. 3A and 3B illustrate the content access webpage 28 prior to and following
access code 22B entry, respectively. The content access webpage 28presents metadata 32 associated with the media file, including file format 32A, duration 32B, file size 32C, and creator details 32D. The webpage 28 includes an access code entry portion 34 comprising a manual entry option 34A. The manual entry option 34A allows the user to enter the access code 22B on the content access webpage 28. The access code 22B is configured to authorize access to a digital media file 40, as will be further discussed below.
-[0030]FIG. 4 is a flow diagram illustrating the digital process 100 of digitally accessing music through a backend server 102, starting with entry of the access code 22B(Step 401)
-[0031]Entry of the access code 22B into the access code entry portion 34(Step 401)
triggers validation against a remote server database (Step 402). The remote server database comprises valid access code information and is configured to confirm the validity of the access code 22B entered. The remote server database may be stored within the backend server 102.
-[0032]Upon confirmation, the backend server 102 generates a secure download link 38
(Step 403) and the webpage 28 displays both a confirmation notification 104 and a usage license or digital rights policy 106 to the user (Step 404). An example content access webpage 28 displaying the confirmation notification 104 and digital rights policy106 can be seen in FIGS. 5A-5B. The usage license or digital rights policy106 is presented on the content access webpage28 prior to download. The user is required to agree to the license or policy 106 to trigger the transmission of the download link 38. As shown in FIG. 5A, prior to accepting the license or policy 106, the user does not have access to the generated download link 38. The backend server 102 validates the acceptance of the license or policy106(Step 405).
-[0033]If the access code 22B is invalid, the backend server 102 triggers a redemption
system (Step 402A). The redemption system comprises at least one processing module and database that tracks code activation status, enforces single-use limits, and links redemptions to card purchase data. If the access code 22B is invalid, the server 102 will not generate a secure download link 38 and the webpage 28 transmits an error message 110 (shown in FIG. 6) configured to notify the user that the access code 22B entered is invalid. The user may complete a redemption event 108 such as manually reentering the access code 22B.Redemption events 108 are configured to retrigger validation through the remote server database. The redemption system will continue to loop until a valid access code 22B is confirmed, which only then the server 102 will generate the download link 38(Step 403) and display the confirmation message 104 and policy or licensing agreement 106(Step 404). The server 102 may additionally transmit a confirmation or redemption notification to an account associated with a content distributor, publisher, or artist (not shown).
None of the above features were disclosed in the original disclosure, including specifications dated 08/29/2022, 12/21/2022, 09/26/2024, 12/10/2024.
The applicant’s remarks regarding amendments to the specification are not considered persuasive because they allege that the substitute specification does not introduce new matter and that the specification is supported by the originally filed disclosure. The examiner respectfully disagrees because there are 45 new paragraphs filled with details that could not have possibly been inferred from the 2 drawings, and 1 paragraph of the originally filed disclosure. The amendments are not mere further clarifications but include new features, teachings and embodiments that were not previously mentioned. Accordingly, the drawings filed on 09/08/2025 are also objected to for providing new matter not previously disclosed in the original disclosure.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
Claims 2-21 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. There are two statutory provisions that prohibit the introduction of new matter. The first provision is 35 U.S.C. 132, which provides that no amendment shall introduce new matter into the disclosure of the invention. According to MPEP 2163.06(I), “a study of the entire application is often necessary to determine whether or not "new matter" is involved.” Below, the claim limitations are compared to the original specifications in the original disclosure including the specifications and drawings filed on 08/29/2022, 12/21/2022, 09/26/2024, 12/10/2024. The mapping below provides evidence whether the original disclosure provides support for the newly added features.
Clm
Limitation
Support Provided?
Original Disclosure
2
A digital content access system comprising:
Yes
Spec 12/10/2024 Page 1: “The Music card directs customers to access digital full-length albums, singles, EPs, or PDF Books.”
2
a physical card body formed of plastic and configured for display at a retail point of sale;
Yes
Spec 12/10/2024 Page 1: “The Music Card is a retail ready plastic hanging card.”
2
a machine-readable code printed on the card body and configured to direct a computing device to a digital content access webpage;
Yes
Spec 12/10/2024 Page 1: “QR code,”
2
a scratch-off coating on the card body concealing a redemption code that is uniquely associated with a media product;
Yes
Spec 12/10/2024 Page 1: “has a unique code concealed under the scratch off for security purposes.”
2
a visual display on the card body including
Yes
Drawing 12/10/2024: Fig. 1
2
(a) a name of an artist or author,
Yes
Drawing 12/10/2024: Fig. 1
2
(b) a title of a digital media product
Yes
Drawing 12/10/2024: Fig. 1
2
And (c) artwork associated with the digital media product;
Yes
Drawing 12/10/2024: Fig. 1
2
wherein the digital content access webpage includes a user interface configured to receive the redemption code,
No
There is no mention of structure supporting a “user interface.”
2
validate the code through a backend authentication server,
No
There is no backed authentication server verifying the code
2
and initiate a digital delivery process for the digital media product;
No
There is no digital delivery process
2
wherein the backend authentication server is configured to:
No
There is no backend authentication server
2
(i) verify authenticity of the redemption code against a database of issued codes,
No
There is no verification of authentication against issued codes
2
(ii) apply a discount to a checkout price based on the code, and
No
There is no discount disclosed.
2
(iii) upon successful payment, generate and transmit a download link to a user-supplied email address,
Yes
Spec 12/10/2024 Page 1: “After the online required information is complete purchase notification will go to both the customer and the website domain owner's email for inventory purposes. The download link will also go to the customer's email.”
2
the download link being restricted to a time-limited or usage-limited access window.
Yes
Spec 12/10/2024 Page 1: “where it will be stored for only 30 days.”
3
The system of claim 2, wherein the machine-readable code is selected from the group consisting of: a QR code, a barcode, and an encoded URL.
Yes
Spec 12/10/2024 Page 1: “QR Code”
4
The system of claim 3, wherein the digital media product is selected from the group consisting of: a music album, an extended play (EP), a single, and an audiobook or e-book file.
Yes
Spec 12/10/2024 Page 1: “music album...”
5
The system of claim 4, wherein the visual display further includes a content rating or advisory warning.
Yes
Fig. 2, reference number 10
6
The system of claim 5, wherein the back side of the card body includes a track listing, a UPC barcode, and redemption instructions.
Yes
Fig. 2 11-15
7
The system of claim 6, wherein the digital content access webpage is hosted by a content distribution service or digital storefront platform.
No
The mentioned “website” does not provide enough structure to be considered a “content distribution service”
8
The system of claim 7, wherein the backend authentication server supports encryption- based token validation to prevent unauthorized redemption reuse.
No
There is no encryption mentioned
9
The system of claim 8, wherein the download link expires after a predetermined time period or number of device accesses.
Yes
Spec 12/10/2024 Page 1: “The download link will also go to the customer's email where it will be stored for only 30 days.”
10
The system of claim 2, wherein the backend authentication server comprises: a web-based redemption portal configured to receive the redemption code from a user input field;
No
There is no backend authentication server
10
a verification engine configured to validate the redemption code against a pre-issued token database;
No
There is no verification engine
10
and a delivery engine configured to deliver a media file download link upon code verification and purchase completion.
No
There is no delivery engine on a backend authentication server
11
The system of claim 10, wherein the verification engine includes logic for tracking token usage and disabling codes after redemption.
No
There is no token tracking or disabling recited
12
A method of delivering digital media using a scannable music card, comprising:
Yes
Spec 12/10/2024 Page 1: “The Music card directs customers to access digital full-length albums, singles, EPs, or PDF Books.”
12
receiving, via a computing device, a scan of a machine-readable code printed on the card, or a manual entry of a corresponding URL;
Yes
Spec 12/10/2024 Page 1: “The Music Card is a retail ready plastic hanging card.”
12
redirecting the computing device to a digital content access webpage via the scanned code or entered URL;
Yes
Spec 12/10/2024 Page 1: “QR code,”
12
receiving, via a redemption interface, an alphanumeric redemption code that is revealed on the card upon removal of a scratch-off coating;
Yes
Spec 12/10/2024 Page 1: “has a unique code concealed under the scratch off for security purposes.”
12
validating the redemption code via a backend verification server, the validation comprising confirming the code's authenticity, availability, and status in a secured redemption database;
No
There is no backend server
12
upon successful validation, applying a price adjustment to a checkout transaction associated with a digital media product;
No
Spec 12/10/2024 Page 1: “The price will be marked down to the retail paid price,” but there is no teaching that this happens “upon successful validation.”
12
and transmitting, from a content delivery engine, a download link for the digital media product to a user-supplied email address, the link being time-restricted and optionally device-bound.
Yes
Spec 12/10/2024 Page 1: “After the online required information is complete purchase notification will go to both the customer and the website domain owner's email for inventory purposes. The download link will also go to the customer's email.”
13
The method of claim 12, further comprising logging redemption activity, including IP address, timestamp, and user agent, for fraud detection.
No
There is no logging of redemption activity such as IP address
14
The method of claim 13, wherein the digital content access webpage includes a preview player for streaming the media product prior to download.
No
There is no player or streaming feature disclosed
15
The method of claim 14, wherein the redemption code must be re-entered after a preview in order to proceed to checkout.
Yes
Spec 12/10/2024 Page 1: “After the code is entered online.”
16
The method of claim 15, wherein the checkout system includes a user authentication step prior to completing the transaction.
No
There is no authentication step recited prior to completing the transaction
17
The method of claim 12, wherein the download link generated is embedded with a digital rights management (DRM) token.
No
There is no digital rights management token
18
The method of claim 17, wherein the DRM token enforces restrictions on copying, playback, or file transfer of the downloaded media product.
No
There is no digital rights management token
19
The method of claim 12, further comprising: displaying a plurality of said music cards on a retail display rack,
No
There is no display rack recited
19
wherein each card in the rack corresponds to a unique digital media product, and wherein a backend inventory system is configured to monitor and report redemption activity across the displayed cards.
No
There is no display rack recited
20
The method of claim 19, wherein the backend inventory system is further configured to: disable expired or tampered cards, report redemption trends by geographic location, and trigger fraud alerts based on anomalous access behavior.
No
There is no back inventory system with such features disclosed
21
A digital content access device comprising: a plastic card body having a retail-ready hanging slot for physical display in a store;
Yes
Spec 12/10/2024 Page 1: “The Music card directs customers to access digital full-length albums, singles, EPs, or PDF Books.”
21
a printed visual display on the card body comprising an artist or author name, a title of a digital media product, and artwork associated with the digital media product;
Yes
Spec 12/10/2024 Page 1: “The Music Card is a retail ready plastic hanging card.”
21
a machine-readable code printed on the card body and configured to redirect a computing device to a content access webpage that incorporates a secure, token-based authentication protocol using asymmetric cryptographic validation to verify authenticity of the code;
Yes
Spec 12/10/2024 Page 1: “QR code,”
21
a concealed redemption code disposed beneath a scratch-off coating on the card body, the redemption code configured to authorize a download of the digital media product upon validation through the content access webpage;
Yes
Spec 12/10/2024 Page 1: “has a unique code concealed under the scratch off for security purposes.”
21
wherein the content access webpage implements integrity verification and anti-fraud detection measures, including real-time validation of the redemption code, prevention of code reuse via token revocation, and generation of an expiring, device-bound download link valid for only 30 days;
No
There is no integrity verification and anti-fraud detection measures
21
wherein the digital media product is selected from the group consisting of: a music album, an extended play (EP) recording, a single, and a digital book file.
Yes
Spec 12/10/2024 Page 1: “After the online required information is complete purchase notification will go to both the customer and the website domain owner's email for inventory purposes. The download link will also go to the customer's email.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. This is because claim 1 has been cancelled, and claims 2-21 are not elected because they are shown to have shifted the invention. Therefore, the arguments in pages 12-24 have been fully considered, but none are considered relevant or persuasive by the examiner. Regarding rejections under 112(b), of claim 1, claim 1 is no longer pending therefore, these arguments are moot. Furthermore, claims 2-21 are not elected, therefore, the arguments are not considered relevant. Regarding rejections under 35 U.S.C. of claim 1, claim 1 is no longer pending therefore, these arguments are moot. Furthermore, claims 2-21 are not elected, therefore, the arguments regarding claims 2, 10, 21 are not considered relevant. Regarding rejections over prior art, claim 1 is no longer pending therefore, these arguments are moot. Furthermore, claims 2-21 are not elected, therefore, the arguments regarding claims 2, 10, 21 are not considered relevant. Furthermore, search and consideration of these newly added amendments would be burdensome to the examiner, because it would require the examiner to employ different search strategies compared to the original search for claim 1.
Conclusion
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 NICO LAUREN PADUA whose telephone number is (703)756-1978. The examiner can normally be reached Mon to Fri: 8:30 to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Lemieux can be reached at (571) 270-3445. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICO L PADUA/Junior Patent Examiner, Art Unit 3626
/SANGEETA BAHL/Primary Examiner, Art Unit 3626