DETAILED ACTION
Status of Application
This action is a Final Rejection. This action is in response to the amendment and response filed on December 12, 2025.
Claims 1, 3-5, 8, 9, 12, 13, 15, 16, 19, and 20 are amended.
Claims 1-20 are pending and rejected.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 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.
Priority
Support for the independent claims could not be found in priority application number 16/517,994 or provisional application number 62/701,798. Therefore, the priority date for the pending claims is October 12, 2022.
Response to Arguments
Regarding step 2A, prong one, of the rejection under 35 U.S.C. § 101, Applicant argues that “the limitations of ‘at least one NFT’ and ‘at least one cryptocurrency wallet’ are non-abstract and constitutes more than a mere recitation of the alleged judicial exceptions.” Remarks at 15. These claim features were not designated as additional elements because they are essentially data. However, the computing device/software (i.e., server platform) that implements these features are the additional elements. For example, a cryptocurrency wallet stores value. This is part of an abstract idea. A computer or server that is used to store and use the wallet is an additional element.
Applicant further argues that the claims “involve” an abstract idea but do not “recite” one. Remarks at 15. However, claim 1, for example, recites steps such as generating user profiles, minting an NFT that corresponds to time with an expert, generating a call between two user profiles, verifying that a second user profile’s wallet includes an NFT corresponding to time with a first user profile, transferring an NFT when the call commences, and transferring another NFT when the call exceeds a preset duration. According to paragraph 0028 of the Specification, “an object of this invention to tokenize expert time in order to efficiently provide small group experiences between learning users and experts.” Therefore, the claims clearly recite an abstract idea.
Regarding step 2A, prong two, Applicant argues that “[s]imilar to the claims at issue in Ancora Tech., Inc., Applicant respectfully submits that the claimed invention presents a non-abstract computer functionality improvement with regard to authorization, specifically authorizing audio and/or video calling to those with ownership of a valid non-fungible token (NFT). Furthermore, this authorization is time-limited, wherein NFTs used for the audio and/or video call authorization are transferred to a burn wallet in exchange for a set amount of time for the audio and/or video call.” Remarks at 18. However, using NFTs for call authorization is different from preventing hacking by using BIOS memory instead of other computer memory to determine whether a program is licensed. Although the use of NFTs may inherently improve security, Applicant has not improved any technological feature related to security.
Applicant further argues that “the claimed solution is necessarily rooted in computer technology to overcome a problem specifically arising in the realm of computer networks. More specifically, the claimed invention is directed to overcoming the problem of verifying a user’s identity and permissions for time-restricted video conferencing in a manner averse to unauthorized tampering or hacking, especially in the realm of online learning.” Remarks at 22. However, “the problem of verifying a user’s identity and permissions for a time-restricted video conferencing in a manner averse to unauthorized tampering or hacking, especially in the realm of online learning” is a business problem and not a technological problem. For example, Applicant is using existing technology to solve this business problem and is not improving the technology that is being used.
Regarding step 2B, Applicant argues that “[t]he claimed invention includes a combination of elements that are not well-understood, routine, or conventional under Example 35 of USPTO’s SME Examples.” Remarks at 23. However, the rejection does not allege that the additional elements are well-understood, routine, or conventional. Furthermore, regarding Examples 1-36, the USPTO’s Frequently Asked Questions (FAQs) on the 2019 Revised Patent Subject Matter Eligibility Guidance (“2019 PEG”) states, in section B-6, that “[e]xisting examples 1-36 were issued prior to the 2019 PEG, and some of them present analysis that may not be entirely consistent with the 2019 PEG. Thus, although all the claims indicated as eligible in prior Examples 1-36 are still eligible today, you should use these examples with caution.”
As such, the rejection under 35 U.S.C. 101 has been maintained.
Claim Rejections - 35 USC § 101
35 U.S.C. § 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Does the Claim Fall within a Statutory Category? (see MPEP 2106.03)
Yes, with respect to claims 1-20, which recite “[a] system…comprising: a server platform….wherein the server platform comprises a processor….”
Step 2A, Prong One: Is a Judicial Exception Recited? (see MPEP 2106.04(a))
The following claims identify the limitations that recite the abstract idea in regular text and that recite additional elements in bold:
1. A system for tokenized communication with experts via non-fungible tokens (NFTs), comprising:
a server platform configured for network communication with a plurality of user devices;
wherein the server platform comprises a processor, an audio and/or video chat interface, and at least one non-transitory computer-readable medium having at least one computer program stored therein;
wherein the at least one computer program, when executed by the processor, causes the server platform to perform the steps of:
generating a plurality of user profiles, wherein each of the plurality of user profiles is associated with at least one cryptocurrency wallet;
generating a private key for each of the least one cryptocurrency wallet using a cryptographic algorithm with random input;
minting at least one NFT corresponding to time with at least one expert;
generating a digital signature for each of the at least one NFT using a cryptographic hash and the private key;
generating an audio and/or video call between at least one first user profile and at least one second user profile through the at least one audio and/or video chat interface;
automatically verifying through a distributed network that the at least one cryptocurrency wallet associated with the at least one second user profile includes at least one NFT corresponding to time with the at least one first user profile, based on the private key associated with the at least one cryptocurrency wallet and the digital signature associated with the at least one NFT;
automatically transferring one of the at least one NFT corresponding to the time with the at least one first user profile to a burn wallet upon commencement of the audio and/or video call; and
automatically transferring at least one additional NFT of the at least one NFT corresponding to the time with the at least one first user profile to the burn wallet after the audio and/or video call has exceeded a preset duration.
2. The system of claim 1, wherein the at least one first user profile includes a plurality of user profiles associated with designated expert users.
3. The system of claim 1, wherein the at least one second user profile includes a plurality of second user profiles, and wherein the at least one computer program, when executed by the processor, further causes the server platform to automatically verify that the at least one cryptocurrency wallet of each of the plurality of second user profiles includes at least one NFT corresponding to the time with the at least one first user profile.
4. The system of claim 1, wherein the at least one computer program, when executed by the processor, further causes the server platform to automatically end the audio and/or video call after a preset time period after a final one of the at least one NFT corresponding to the time with the at least one first user profile is transferred to a burn wallet.
5. The system of claim 1, wherein the at least one computer program, when executed by the processor, further causes the server platform to automatically transmit a warning notification to a user device corresponding to the at least one second user profile before the at least one additional NFT is transferred to the burn wallet.
6. The system of claim 1, wherein one or more of the at least one NFT corresponds to a specific time slot on one or more dates.
7. The system of claim 1, wherein if the verification of the at least one cryptocurrency wallet associated with the at least one second user profile fails, then the audio and/or video call does not commence.
8. The system of claim 1, wherein the server platform includes at least one NFT marketplace, wherein the at least one computer program, when executed by the processor, further causes the server platform to accept requests to purchase and/or exchange NFTs on the at least one NFT marketplace and automatically transfer funds corresponding to the purchase of the NFTs to a financial account and/or cryptocurrency wallet of at least one creator of the NFTs.
9. A system for tokenized communication with experts via non-fungible tokens (NFTs), comprising:
a server platform configured for network communication with a plurality of user devices;
wherein the server platform comprises a processor, an audio and/or video chat interface, and at least one non-transitory computer-readable medium having at least one computer program stored therein;
wherein the at least one computer program, when executed by the processor, causes the server platform to perform the steps of:
generating a plurality of user profiles, wherein each of the plurality of user profiles is associated with at least one cryptocurrency wallet;
generating a private key for each of the least one cryptocurrency wallet using a cryptographic algorithm with random input;
minting at least one NFT corresponding to time with at least one expert;
generating a digital signature for each of the at least one NFT using a cryptographic hash and the private key;
generating an audio and/or video call between at least one first user profile and a plurality of second user profiles through the at least one audio and/or video chat interface;
automatically verifying through a distributed network that the at least one cryptocurrency wallet associated with each of the plurality of second user profiles includes at least one NFT corresponding to time with the at least one first user profile, based on the private key associated with the at least one cryptocurrency wallet and the digital signature associated with the at least one NFT; and
automatically transferring, for each of the plurality of second user profiles, one of the at least one NFT corresponding to the time with the at least one first user profile to a burn wallet upon commencement of the audio and/or video call.
10. The system of claim 9, wherein one or more of the at least one NFT corresponds to a specific time slot on one or more dates.
11. The system of claim 9, wherein if the verification of the at least one cryptocurrency wallet associated with the plurality of second user profiles fails, then the audio and/or video call does not commence.
12. The system of claim 9, wherein the server platform includes at least one NFT marketplace, wherein the at least one computer program, when executed by the processor, further causes the server platform to accept requests to purchase and/or exchange NFTs on the at least one NFT marketplace and automatically transfer funds corresponding to the purchase of the NFTs to a financial account and/or cryptocurrency wallet of at least one creator of the NFTs.
13. The system of claim 9, wherein the at least one computer program, when executed by the processor, further causes the server platform to automatically transmit a warning notification to a user device corresponding to the plurality of second user profiles before the at least one additional NFT is transferred to the burn wallet.
14. The system of claim 9, wherein the at least one first user profile includes a plurality of user profiles associated with designated expert users.
15. The system of claim 9, wherein the at least one computer program, when executed by the processor, further causes the server platform to automatically end the audio and/or video call after a preset time period after a final one of the at least one NFT corresponding to the time with the at least one first user profile is transferred to a burn wallet.
16. A system for tokenized communication with experts via non-fungible tokens (NFTs), comprising:
a server platform configured for network communication with a plurality of user devices;
wherein the server platform comprises a processor, an audio and/or video chat interface, and at least one non-transitory computer-readable medium having at least one computer program stored therein;
wherein the at least one computer program, when executed by the processor, causes the server platform to perform the steps of:
generating a plurality of user profiles, wherein each of the plurality of user profiles is associated with at least one cryptocurrency wallet;
generating a private key for each of the least one cryptocurrency wallet using a cryptographic algorithm with random input;
minting at least one non-fungible token (NFT) corresponding to time with at least one expert;
generating a digital signature for each of the at least one NFT using a cryptographic hash and the private key;
generating an audio and/or video call between at least one first user profile and at least one second user profile through the at least one audio and/or video chat interface;
automatically verifying through a distributed network that the at least one cryptocurrency wallet associated with the at least one second user profile includes at least one NFT corresponding to time with the at least one first user profile based on the private key associated with the at least one cryptocurrency wallet and the digital signature associated with the at least one NFT;
automatically transferring one of the at least one NFT corresponding to the time with the at least one first user profile to a burn wallet upon commencement of the audio and/or video call; and
automatically transmitting a warning notification to a user device corresponding to the at least one second user profile before at least one additional NFT is transferred to the burn wallet.
17. The system of claim 16, wherein one or more of the at least one NFT corresponds to a specific time slot on one or more dates.
18. The system of claim 16, wherein if the verification of the at least one cryptocurrency wallet associated with the at least one second user profile fails, then the audio and/or video call does not commence.
19. The system of claim 16, wherein the at least one computer program, when executed by the processor, further causes the server platform to automatically end the audio and/or video call after a preset time period after a final one of the at least one NFT corresponding to the time with the at least one first user profile is transferred to a burn wallet.
20. The system of claim 16, wherein the server platform includes at least one NFT marketplace, wherein the at least one computer program, when executed by the processor, further causes the server platform to accept requests to purchase and/or exchange NFTs on the at least one NFT marketplace and automatically transfer funds corresponding to the purchase of the NFTs to a financial account and/or cryptocurrency wallet of at least one creator of the NFTs.
Yes. But for the recited additional elements as shown above in bold, the remaining limitations of the claims recite certain methods of organizing human activity. The claims are directed to tokenization of expert time. This type of method of organizing human activity is a commercial interaction such as agreements in the form of contracts, legal obligations, marketing or sales activities or behaviors, and business relations. This type of method of organizing human activity is also managing personal behavior or relationships or interactions between people such as social activities and teaching. Thus, the claims recite an abstract idea.
Step 2A, Prong Two: Is the Abstract Idea Integrated into a Practical Application? (see MPEP 2106.04(d))
No. The claims as a whole merely use a computer as a tool to perform the abstract idea. The computing components (i.e., additional elements that are in bold above) are recited at a high level of generality and are merely invoked as a tool to implement the steps. For example, only programming is needed to implement the claimed process. Simply implementing the abstract idea on a generic computer or cloud server is not a practical application of the abstract idea. Additionally, there is no improvement to the functioning of a computer or technology. Therefore, the abstract idea is not integrated into a practical application.
Step 2B: Does the Claim Provide an Inventive Concept? (see MPEP 2106.05)
No. As discussed with respect to Step 2A, Prong 2, the additional elements in the claims, both individually and in combination, amount to no more than tools to perform the abstract idea. Merely performing the abstract idea using a computer cannot provide an inventive concept. Therefore, the claims do not provide an inventive concept.
As such, the claims are not patent eligible.
Note Regarding Prior Art
The Office action does not include a rejection under 35 U.S.C. 102 or 103. Although individual claim limitations and concepts are known in the art, as shown below under the “Relevant Prior Art” section, the claimed embodiment as a whole was not found in or made obvious by the prior art.
Relevant Prior Art
The following references are relevant to Applicant’s invention:
Paek et al., U.S. Patent Application Publication Number 2008/0010124 A1. This reference teaches an invention for managing commitments of time across a network. A connection token that has a plurality of defined terms and is representative of a commitment of time for a user in exchange for a fee is created, managed, and executed.
Fieldman, U.S. Patent Number 9,483,805 B1. This reference teaches a method of limiting tokens for use by a student within an education application.
Monadjem, U.S. Patent Application Publication Number 2024/0070327 A1. This reference teaches a method for sharing athlete data of users on a data-sharing platform by issuing digital tokens that have a monetary value.
Dalmia et al., U.S. Patent Application Publication Number 2023/0055064 A1. This reference teaches gaming solutions using NFTs and a digital ledger to manage aspects of gameplay. Paragraph 0158 discloses that time and spend parameters are applied to the NFT. Paragraph 0160 discloses an alert to remind a user to recharge an NFT.
Tang et al., U.S. Patent Application Publication Number 2023/0108610 A1. This reference teaches a burn wallet. See paragraph 0027 (“As disclosed herein the terms “burn,” “burned,” “burning,” and the like refer to a process where a token (e.g., a NFT) can be sent to a burn wallet or null/eater address, which is a cryptographic wallet that is only capable of receiving tokens but not sending tokens. The “burning” process ensures that the token is effectively locked and taken out of circulation, which is often referred to as destroying the token. The “burning” transaction is confirmed on the blockchain ledger, which ensures that the “burn” is permanent and irrevocable.”).
Howell, James. “Utility NFTs – The Future of NFTs,” https://101blockchains.com/utility-nfts/ (July 4, 2022). This reference teaches utility NFTs and provides examples such as in social spaces.
Email Communications
Per MPEP 502.03, Applicant may authorize email communications by filing Form PTO/SB/439, available at https://www.uspto.gov/sites/default/files/documents/sb0439.pdf, via the USPTO patent electronic filing system.
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 or earlier communications from the examiner should be directed to ELIZABETH H ROSEN whose telephone number is (571) 270-1850 and email address is elizabeth.rosen@uspto.gov. The examiner can normally be reached Monday - Friday, 10 AM ET - 7 PM ET.
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/ELIZABETH H ROSEN/Primary Examiner, 3693