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 is the office action on the merits in response to the application filed on 03/11/2026.
Claims 1-8 and 10-21 are currently pending and have been examined.
Response to Arguments
Applicant's arguments with respect to the rejection(s) of claim(s) 1-8 and 10-21 been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made.
Claim Rejections - 35 USC § 103
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
5. Claims 1-3, 5-7, 10-13, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lucas et al. (US 20070239569 A1) in view of Doney et al. (WO 2020223332 A1), in view of Bradley et al. (US 20230073507 A1), and further in view of Dayama et al. ( US 11163297 B2).
6. Regarding claim 1, Lucas discloses obtaining, via one or more processors, identification information of durable asset data, the durable asset data being representative of at least one durable asset; (Para. 0058, “Capital asset” or “fixed asset” as used herein refers to a class of property, including durable goods, equipment, buildings and land, which are purchased for continued and long-term use in earning profit in a business, and which are written off against profits over their anticipated life by charging depreciation expenses. A shopping cart within the meaning of one aspect of the inventive subject matter is a “capital asset” or “fixed asset.”; and Para. 0060, “Tagged asset” as used herein refers to a managed asset to which is affixed a tag associated with an identifier which is unique to the asset; and Claim 4, The system of claim 1, wherein asset unit data comprises manufacturer, model, serial number, description, expected life cycle, cost, in-stock date, availability in stock, repair history, damage history, in-use date, out-of-service date(s), remaining life cycle predicted, date returned, date transferred, obsolescence date, sale date, total quantity in stock, or a combination thereof; and Para. 0009, Finally, many enterprises experience the problem of only reacting to repair or replacement needs, instead of preventative maintenance. If the information about assets, as discussed above, was accessible, particularly easily accessible via a software business application, such enterprises would be able to maintain more accurate budgets such as an IT budget, would be able to submit accurate and complete information to enterprise finance managers, and would be able to repair and resell assets scheduled for replacement while such assets are classified as “working” hardware, rather than classified as lost, obsolete, or “repair necessary”; Para. 0010, Because of these deficiencies, neither a business' engineering group, nor its finance group, of such an enterprise have a sufficient idea of what items are obsolete or otherwise should be marked for “asset disposition,” i.e. assets which must be discarded. Unfortunately, such asset items often remain on the balance sheet and are scheduled for depreciation over the time period required by accounting standards, rather than used in an immediate write off expense, which would be permitted if the item was properly tracked and shown as discarded, obsolete, or sold).
authenticating, via the one or more processors, a holder of access to the durable asset data; (Para. 0189-0190, Vehicle rental companies using the inventive RFID asset tracking system will be enabled to make renting vehicles faster and more convenient. For this purpose, RFID enabled frequent user cards are used to speed the car rental process and to provide a more seamless travel experience for customers. The asset management system enables a customer to walk up to a vehicle, accept the rental terms, and drive away without any human assistance, accomplished by placing the RFID-enabled membership card within reading range of an RFID interrogator antenna mounted on or near the vehicle. On verification of the customer participation, an onboard computer unlocks the vehicle's doors. Before driving away with the car a computer attached to the vehicle requires the driver to produce a valid license, and in the event one is provided, an immobilizing device is released, allowing the vehicle to be operated.)
Lucas does not explicitly disclose a computer-implemented method for using non-fungible tokens (NFTs) to manage durable asset usage data, the method comprising: packaging, via the one or more processors, an NFT on a distributed ledger, the NFT representing the durable asset data and including the identification information of the durable asset data and an indication of a permission to interact with a set of data associated with the at least one durable asset.
However, Doney teaches a computer-implemented method for using non-fungible tokens (NFTs) to manage durable asset usage data, the method comprising: packaging, via the one or more processors, an NFT on a distributed ledger, the NFT representing the durable asset data and including the identification information of the durable asset data and an indication of a permission to interact with a set of data associated with the at least one durable asset, (Abstract, an apparatus, computer-readable medium, and computer-implemented method for creating and managing a distributed ledger non-fungible token data structures that represent the liquidity function for any two distinct representations of assets. The representations may be different assets or a single asset type with different characteristics including ledger, network, jurisdiction, availability, etc. The liquidity function is the mechanism to transform or exchange the asset including the pricing function, fees, and delivery mechanism. The investment performance of the liquidity token can be proportional to the demand for liquidity for the pair of assets; and Para. 00005, Applicant has developed a novel and useful technology to enhance and automate the management of liquidity within an ecosystem via the use of Distributed Ledger Technology (DLT) and tokenization. Distributed Ledger Technology (DLT), such as blockchain, has been implemented to transfer value across decentralized computer networks, with fungible and non-fungible assets represented by, and encapsulated in, digital tokens; and Para. 00048, It should be appreciated that the modules disclosed herein can be implemented within a single processing unit or multiple processing units, one or more of the modules may be implemented remotely from the other modules. The description of the functionality provided by the different modules is for illustrative purposes, and is not intended to be limiting, as any of modules may provide more or less functionality than is described. For example, one or more of modules may be eliminated, and some or all of its functionality may be provided by other ones of modules.; and Para. 00048-00050, modules disclosed herein can be implemented within a single processing unit or multiple processing units, one or more of the modules may be implemented remotely from the other modules. The description of the functionality provided by the different modules is for illustrative purposes, and is not intended to be limiting, as any of modules may provide more or less functionality than is described. For example, one or more of modules may be eliminated, and some or all of its functionality may be provided by other ones of modules…The functions can include asset valuation functions 202, ownership transfer functions 204 and data management functions 206. These interfaces and associated data structure(s), described in detail in below, permit the creation of composite tokens, that is, tokens that contain or are linked to other tokens, in a structure that can be recursive. This novel structure is described in greater detail below and permits implementation of a fund, a composite asset that contains other assets, over a decentralized computer architecture. Consistent with the ERC-721 token specification, Asset Registry module 104 facilitates the issuance of non-fungible tokens, with each token representing a unique asset. For each issued token, Asset Registry module 104 records data 208 such as: the unique identifier for the asset token; the asset class from Asset Class Registry module 106; the asset name and description; the address of the token’s wallet 210 (described below); and other data as desired for the asset. The token data record 200 stored by Asset Registry module104 defines the non-fungible token; and Para. 00052, Non-fungible tokens in the Asset Registry are assigned a wallet 210 (FIG. 2) on issuance by the asset registry 104 by implementing the lAssetRegistry. lssueAsset function using an lAssetWalletFactory interface (see Appendix for code example). This interface issues a smart contract implementing an IContractWallet interface which is stored in Contract Registry 108 in association with the unique token ID. An example of code implementing this interface can be found in the Appendix.The wallet contract’s interfaces can be executed using the lAssetWallet wrapper, that is, the set of functions conforming to the lAssetWallet interface specification published in the appendix that are available via the AssetRegistry smart contract for use by the owner of the lAsset token or other permission structures as implemented in the smart contract logic. If the signer is not authorized to execute the function as designated by Asset Registry 104, implemented as smart contract logic for example, the proposed operation (e.g., “send tokens”) will not be permitted and thus will not occur. The lAssetWallet exposes its wallet address via the GetWallet function of the attached code. This address can be used as an origin or destination for transactions in the same way as any wallet on the distributed ledger.)
One of ordinary skill in the art would have recognized that applying the known technique of Doney to the known invention of Lucas would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate non-fungible tokens (NFTs) features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the invention the method to include a computer-implemented method for using non-fungible tokens (NFTs) to manage durable asset usage data, the method comprising: packaging, via the one or more processors, an NFT on a distributed ledger, the NFT representing the durable asset data and including the identification information of the durable asset data and an indication of a permission to interact with a set of data associated with the at least one durable asset results in an improved invention because applying said technique will ensure for precise tracking and verification of asset’s sage data over time and storing the NFT on a distributed ledgers makes sures there is a record of the asset’s usage data that cannot be altered, thus improving the overall performance of the invention.
Lucas as modified does not explicitly disclose associating, via the one or more processors, the durable asset usage data with the NFT representing the durable asset data by adding the durable asset usage data to the set of data associated with the at least one durable asset; and enabling, via the one or more processors, access to a data vault containing the set of data associated with the at least one durable asset based upon the indication of the permission included in the NFT.
However, Bradley teaches associating, via the one or more processors, the durable asset usage data with the NFT representing the durable asset data by adding the durable asset usage data to the set of data associated with the at least one durable asset; and enabling, via the one or more processors, access to a data vault containing the set of data associated with the at least one durable asset based upon the indication of the permission included in the NFT, (Para. 0004-0005, The data platform receives one or more data elements associated with the user data of the user from one of a plurality of sources, creates one or more tokens based on the user data, store the user data in a secure location, the user profile may deny access to the user data, or the user profile approves and vends access to user data and the data is exchanged to one of a plurality of parties utilizing the one or more tokens, and compensates the user for vending the user data, wherein the data is accessible from the secure location utilizing an indicator included in the one or more tokens. The data platform receives one or more data elements associated with the user data from the electronic devices, automatically confirms the one or more data elements are applicable to the user, adds the one or more data elements to a data set associated with the user, determines whether the data set is complete after adding the data element to the data set, and creates one or more tokens based on the data set of the user.; and Para. 0017, Token based compensation for consumer data allows for the direct control and monetization of their data (e.g., web data, application data, profiles, personal measurements, readings, etc.). Compensation may be performed through digital currencies, hard currencies, charitable contributions, and tax deductions. The earnings for a user may also be donated. Users may be rewarded for additional data uploads, updates, additions, amendments, surveys/questionnaire fulfillment, and so forth. The tokens may be utilized to pay a vendor or third party for a product, service, system, or data, secure a digital asset, tracking the life of an asset, share a stake in an asset or company, participate in an initial coin offering, receive a reward, maintaining and managing a digital asset, make a charitable contribution, or receive a tax deduction.; and Para. 0013, The user data is stored in a secure location. The user data is vended to one of a number of parties utilizing the one or more tokens. The user data is accessible from the secure location utilizing an indicator included in the one or more tokens. The user is compensated for vending the user data.; and Para. 0015, The token is a blockchain crypto token and points to the data set for secure access by one or more interested parties... Payments are received from one or more interested parties to access the data set utilizing the token. One or more users are compensated for granting access to their data sets. The interested parties represent advertisers, marketers, data brokers, consumer outreach, or businesses that desire access to the user data in the data set.; and Para. 0007, The data platform… distributes monies paid during the transactions for transfer of ownership or access to the one or more tokens associated with the precious physical asset, wherein the one or more tokens represent approved access, tracking ownership, or transfer of ownership of the precious physical asset.) Under broad reasonable interpretation, the examiner states “associating the durable asset usage data with the NFT representing the durable asset data by adding the durable asset usage data to the set of data associated with the at least one durable asset” is interpreted as “data platform receives one or more data elements associated with the user data from the electronic devices, automatically confirms the one or more data elements are applicable to the user, adds the one or more data elements to a data set associated with the user, determines whether the data set is complete after adding the data element to the data set, and creates one or more tokens based on the data set of the user” in the cited prior art. Under broad reasonable interpretation, the examiner states “Enabling, via the one or more processors, access to a data vault containing the set of data associated with the at least one durable asset based upon the indication of the permission included in the NFT” is interpreted as “The user data is stored in a secure location. The user data is vended to one of a number of parties utilizing the one or more tokens. The user data is accessible from the secure location utilizing an indicator included in the one or more tokens and the data platform… distributes monies paid during the transactions for transfer of ownership or access to the one or more tokens associated with the precious physical asset, wherein the one or more tokens represent approved access, tracking ownership, or transfer of ownership of the precious physical asset” in the cited prior art.
One of ordinary skill in the art would have recognized that applying the known technique of Bradley to the known invention of Lucas as modified would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate non-fungible tokens (NFTs) features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the invention the method to include associating, via the one or more processors, the durable asset usage data with the NFT representing the durable asset data by adding the durable asset usage data to the set of data associated with the at least one durable asset; and enabling, via the one or more processors, access to a data vault containing the set of data associated with the at least one durable asset based upon the indication of the permission included in the NFT result in an improved invention because applying said technique will prevent unauthorized access and ensures sensitive information is protected by only allowing users who have permissions to access the NFT, thus improving the overall security of the invention.
Lucas as modified does not explicitly disclose obtaining, via the one or more processors, durable asset usage data relating to operating settings for physical control of the at least one durable asset or resource use by the at least one durable asset during physical operation of the at least one durable asset over one or more time intervals.
However, Dayama teaches obtaining, via the one or more processors, durable asset usage data relating to operating settings for physical control of the at least one durable asset or resource use by the at least one durable asset during physical operation of the at least one durable asset over one or more time intervals, (obtaining historical information for equipment having at least one control that controls an operational setting of the equipment, wherein the historical information indicates a setting for the at least one control during operation of the equipment and identifies operating performance of the equipment corresponding to the indicated setting; receiving a goal for the equipment, wherein the goal is related to a desired operating performance of the equipment; identifying, from the obtained historical information, a plurality of sets of contiguous good reference segments, wherein a contiguous set of good reference segments comprises a plurality of operating time segments where the desired operating performance goal was achieved for a predetermined of time; identifying, from the identified plurality of sets, a subset of sets comprising reference segments that are achievable from a current operating state of the equipment; selecting, from the identified subset, a reference segment that is attainable based upon exogenous factors related to an operating environment of the equipment; and providing a recommendation to an operator of the equipment, wherein the recommendation identifies a setting for the control to obtain the goal, the setting being determined from the selected reference segment.)
One of ordinary skill in the art would have recognized that applying the known technique of Dayama to the known invention of Lucas as modified would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate physical durable asset features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the invention the method to include obtaining, via the one or more processors, durable asset usage data relating to operating settings for physical control of the at least one durable asset or resource use by the at least one durable asset during physical operation of the at least one durable asset over one or more time intervals result in an improved invention because applying said technique ensures that physical operating settings can be adjusted using historical usage and performance data, thus improving the overall performance and efficiency of the invention.
7. Regarding claim 2, Lucas discloses wherein the identification information of the durable asset data includes: the durable asset data, (Para. 0028-0038, The inventive subject matter relates to a system, and corresponding method for managing assets of an enterprise, comprising: f. at least one data server, configured for: i. storing the unique identifiers and associated data describing the asset corresponding thereto, ii. storing data relating to a plurality of asset units, iii. storing identity information, and permissions, roles, or both assigned to at least one user, and iv. determining location information for an asset unit based on the coverage areas of the asset readers; and Para. 0065] The inventive subject matter, particularly utilizing RFID, provides a solution to asset tracking and management. The implementation of a new system appears to be the limiting issue at present, as most companies do not want a change in the way they conduct their business unless the labor requirement is minimal and the return on investment is substantial enough to make an impact. An asset item affixed with an RFID tag which can hold the information described herein provides an efficient and cost effective solution. It also provides for minimal labor interaction for tracking, for example when RFID readers/antennae are in place at each entry/exit, or as shown in the drawings, on or around storage facilities.
8. Regarding claims 3, 12, and 18, Lucas discloses further comprising: obtaining, via the one or more processors, identification information of the durable asset usage data; and associating, via the one or more processors, subsets of the durable asset usage data with at least one individual, (Para. 0226-0227, Although purchasing is a large part of inventory maintenance, a preferred embodiment of the preferred inventory management system may also facilitate communication between customers, provide a source of information dissemination, and encourage customer interaction. The preferred inventory management system may facilitate customer communication by allowing customers to resell products, equipment, or excess inventory to other businesses. The preferred inventory management system may allow information dissemination by providing an up to date catalog of available equipment and other inventory from which a customer may order. The preferred inventory management system may facilitate customer communication by allowing managers and customers to author and distribute articles describing new rules, regulations, procedures, revenue generation prospects, or other information of interest to other customers. Customer Inventory System 130 may serve as the primary source of customer interaction with the preferred inventory management system. Articles, catalogs, inventory information, and other such information may be stored on Server 100, and Customer Inventory System 130 may communicate with Server 100 to obtain requested information.)
9. Regarding claim 5, Lucas discloses wherein the subsets of durable asset usage data correspond to at least one of the one or more time intervals the at least one individual is associated with the at least one durable asset, (Para. 0161, At periodic time intervals, for example once per second, as a customer moves about the business location, one or more of the plurality of RFID reader antennae detect the presence of each tagged asset and event data is recorded for each such detection event. Over the course of a customer's visit to the business location, a visit history profile is developed, mapping where on the business premises the customer, or at least the cart, was, at what time(s), and for how long. Optionally, the plurality of FRID antennae would also detect and record the presence and movement of RFID tags affixed to products. Thus, in the exemplary embodiment shown in FIG. 2, the plurality of antennae are located over the aisles of the business premises and over the checkstand; and Claims 15-17, The system of claim 13, wherein said time and location events are determined at about 15 second intervals; wherein said time and location events are determined at about 5 second intervals; wherein said time and location events are determined at about 1 second intervals.) Examiner interprets the term one or more time intervals is analogous for the term 1, 5, and 15 second intervals in the cited prior art.
10. Regarding claim 6, Lucas discloses further comprising: evaluating, via the one or more processors, the at least one durable asset based upon the durable asset usage data, (Para. 0185, Similarly, in another example, in the cable industry, equipment that supports fiber optics is often sensitive, and a "shock" measurement would provide an "event" notification to a specified party when an asset or inventory item has experienced a maximum "shock" recording that could have been detrimental to the item. Another example of the benefit of the "shock" measurement would be when an asset has been tampered with by someone, or come into contact with something. Such a tracking system, for example using RFID tags, would upload the recording to a database(s) which would evaluate said recording data to determine if an item has been tampered with or reach a "shock" measurement that requires attention; and Para. 0222-0223, An alternative embodiment of the preferred inventory management system allows physicians or others to carry a handheld device through which prescriptions can be written while talking with a patient. Such a handheld device can connect to a local inventory management system through a wireless or wired means, and, when appropriate, a prescribed item sample may be automatically dispensed by a vending machine…inventory counts can be decremented as appropriate, and new orders can be placed as necessary. As inventory is distributed, Customer Inventory System 130 may track supply usage habits to determine minimum acceptable quantities on-hand. Usage information may be studied for various periods of time, and the preferred inventory management system may create an inventory usage model based on collected data. As models are created and refined, the preferred inventory management system may modify minimum in-stock thresholds to reflect anticipated usage. As quantity in-stock approaches a calculated or specified threshold, Customer Inventory System 130 may automatically request new supplies from Server 100. Supply requests may include various information, including, but not limited to, urgency of request, customer willingness to accept alternative brands or sizes, billing information, and shipping information.)
11. Regarding claims 7, 15 and 20, Lucas discloses further comprising: generating, via the one or more processors, a recommendation regarding maintenance of the at least one durable asset based upon the durable asset usage data, (Para. 0009, Finally, many enterprises experience the problem of only reacting to repair or replacement needs, instead of preventative maintenance. If the information about assets, as discussed above, was accessible, particularly easily accessible via a software business application, such enterprises would be able to maintain more accurate budgets such as an IT budget, would be able to submit accurate and complete information to enterprise finance managers, and would be able to repair and resell assets scheduled for replacement while such assets are classified as “working” hardware, rather than classified as lost, obsolete, or “repair necessary”; and Para. 0072, In another aspect, the inventive systems, methods, software, and apparatus will function to direct employees to the location of an asset item scheduled for replacement, repair or maintenance. The specific location where the asset is stored may be found, for example, through a wireless device such as a telephone with RFID capabilities, which can locate the unique identifier associated with the asset. This will reduce the amount of time currently spent searching for equipment, or the location of items to be replaced or repaired.)
12. Regarding claim 10 and 16, Lucas discloses obtain identification information of durable asset data, the durable asset data being representative of at least one durable asset; authenticate a holder of access to the durable asset data, (Para. 0058, “Capital asset” or “fixed asset” as used herein refers to a class of property, including durable goods, equipment, buildings and land, which are purchased for continued and long-term use in earning profit in a business, and which are written off against profits over their anticipated life by charging depreciation expenses. A shopping cart within the meaning of one aspect of the inventive subject matter is a “capital asset” or “fixed asset.”; and Para. 0060, “Tagged asset” as used herein refers to a managed asset to which is affixed a tag associated with an identifier which is unique to the asset; and Claim 4, The system of claim 1, wherein asset unit data comprises manufacturer, model, serial number, description, expected life cycle, cost, in-stock date, availability in stock, repair history, damage history, in-use date, out-of-service date(s), remaining life cycle predicted, date returned, date transferred, obsolescence date, sale date, total quantity in stock, or a combination thereof; and Para. 0009, Finally, many enterprises experience the problem of only reacting to repair or replacement needs, instead of preventative maintenance. If the information about assets, as discussed above, was accessible, particularly easily accessible via a software business application, such enterprises would be able to maintain more accurate budgets such as an IT budget, would be able to submit accurate and complete information to enterprise finance managers, and would be able to repair and resell assets scheduled for replacement while such assets are classified as “working” hardware, rather than classified as lost, obsolete, or “repair necessary”; Para. 0010, Because of these deficiencies, neither a business' engineering group, nor its finance group, of such an enterprise have a sufficient idea of what items are obsolete or otherwise should be marked for “asset disposition,” i.e. assets which must be discarded. Unfortunately, such asset items often remain on the balance sheet and are scheduled for depreciation over the time period required by accounting standards, rather than used in an immediate write off expense, which would be permitted if the item was properly tracked and shown as discarded, obsolete, or sold; and Para. 0189-0190, Vehicle rental companies using the inventive RFID asset tracking system will be enabled to make renting vehicles faster and more convenient. For this purpose, RFID enabled frequent user cards are used to speed the car rental process and to provide a more seamless travel experience for customers. The asset management system enables a customer to walk up to a vehicle, accept the rental terms, and drive away without any human assistance, accomplished by placing the RFID-enabled membership card within reading range of an RFID interrogator antenna mounted on or near the vehicle. On verification of the customer participation, an onboard computer unlocks the vehicle's doors. Before driving away with the car a computer attached to the vehicle requires the driver to produce a valid license, and in the event one is provided, an immobilizing device is released, allowing the vehicle to be operated.).
obtain durable asset usage data relating to operating settings of or resource use by the at least one durable asset during one or more time intervals, (Para. 0223-0224, Customer Inventory System 130 may track supply usage habits to determine minimum acceptable quantities on-hand. Usage information may be studied for various periods of time, and the preferred inventory management system may create an inventory usage model based on collected data. As models are created and refined, the preferred inventory management system may modify minimum in-stock thresholds to reflect anticipated usage. As quantity in-stock approaches a calculated or specified threshold, Customer Inventory System 130 may automatically request new supplies from Server 100. Supply requests may include various information, including, but not limited to, urgency of request, customer willingness to accept alternative brands or sizes, billing information, and shipping information. As Server 100 receives supply requests, Server 100 may request price quotes from several Manufacturer, Supplier, or Distributor 120's ("Distributor 120"). Distributor 120 may respond with quantity available, price, estimated delivery time, and other such information. Server 100 may then automatically evaluate each Distributor 120 response to find the best value given various factors associated with each customer request. When an appropriate Distributor 120 response is chosen, Server 100 may automatically arrange payment and shipping of requested supplies for Customer Inventory System 130.; and Para. 0251-0252, System parameters controlling customer options can be set through an account setup and editing process...Data changes will generally be reflected by a transaction log or transaction history, which may be accessible to customers or distributors.; and Para. 0067, asset items received by a shipping/receiving group would be recorded (date, time, and other asset details) when the item reached the warehouse. This would then allow the inventive systems, methods, and/or software to keep a record of each item including manufacturer, model, serial number, description, expected life cycle, cost, in-stock date, availability in stock, repair history, damage history, in-use date, out-of-service date(s), remaining life cycle predicted, date returned, date transferred, obsolescence date, sale date, total quantity in stock, or a combination thereof.; and Claims 15-17. wherein said time and location events are determined at about 15 second intervals; wherein said time and location events are determined at about 5 second intervals; wherein said time and location events are determined at about 1 second intervals.) Examiner interprets the term operating settings or resource use is analogous for the term system parameters in the cited prior art. Examiner interprets the term one or more time intervals is analogous for the term 1, 5, and 15 second intervals in the cited prior art.
Lucas does not explicitly disclose a computer system for using non-fungible tokens (NFTs) to manage durable asset usage data, the computer system comprising one or more local or remote processors, transceivers, and/or sensors (a non-transitory computer-readable medium including computer-executable instructions stored therein that, when executed by one or more processors, causes the one or more processors to use non-fungible tokens (NFTs) to manage durable asset usage data, (Para. 00039 and Claim 8)) configured to:
package an NFT on a distributed ledger, the NFT representing the durable asset data and including the identification information of the durable asset data and an indication of a permission to interact with a set of data associated with the at least one durable asset..
However, Doney teaches a computer-implemented method for using non-fungible tokens (NFTs) to manage durable asset usage data, the method comprising package an NFT on a distributed ledger, the NFT representing the durable asset data and including the identification information of the durable asset data and an indication of a permission to interact with a set of data associated with the at least one durable asset, (Abstract, an apparatus, computer-readable medium, and computer-implemented method for creating and managing a distributed ledger non-fungible token data structures that represent the liquidity function for any two distinct representations of assets. The representations may be different assets or a single asset type with different characteristics including ledger, network, jurisdiction, availability, etc. The liquidity function is the mechanism to transform or exchange the asset including the pricing function, fees, and delivery mechanism. The investment performance of the liquidity token can be proportional to the demand for liquidity for the pair of assets; and Para. 00005, Applicant has developed a novel and useful technology to enhance and automate the management of liquidity within an ecosystem via the use of Distributed Ledger Technology (DLT) and tokenization. Distributed Ledger Technology (DLT), such as blockchain, has been implemented to transfer value across decentralized computer networks, with fungible and non-fungible assets represented by, and encapsulated in, digital tokens; and Para. 00048, It should be appreciated that the modules disclosed herein can be implemented within a single processing unit or multiple processing units, one or more of the modules may be implemented remotely from the other modules. The description of the functionality provided by the different modules is for illustrative purposes, and is not intended to be limiting, as any of modules may provide more or less functionality than is described. For example, one or more of modules may be eliminated, and some or all of its functionality may be provided by other ones of modules.; and Para. 00048-00050, modules disclosed herein can be implemented within a single processing unit or multiple processing units, one or more of the modules may be implemented remotely from the other modules. The description of the functionality provided by the different modules is for illustrative purposes, and is not intended to be limiting, as any of modules may provide more or less functionality than is described. For example, one or more of modules may be eliminated, and some or all of its functionality may be provided by other ones of modules…The functions can include asset valuation functions 202, ownership transfer functions 204 and data management functions 206. These interfaces and associated data structure(s), described in detail in below, permit the creation of composite tokens, that is, tokens that contain or are linked to other tokens, in a structure that can be recursive. This novel structure is described in greater detail below and permits implementation of a fund, a composite asset that contains other assets, over a decentralized computer architecture. Consistent with the ERC-721 token specification, Asset Registry module 104 facilitates the issuance of non-fungible tokens, with each token representing a unique asset. For each issued token, Asset Registry module 104 records data 208 such as: the unique identifier for the asset token; the asset class from Asset Class Registry module 106; the asset name and description; the address of the token’s wallet 210 (described below); and other data as desired for the asset. The token data record 200 stored by Asset Registry module104 defines the non-fungible token; and Para. 00052, Non-fungible tokens in the Asset Registry are assigned a wallet 210 (FIG. 2) on issuance by the asset registry 104 by implementing the lAssetRegistry. lssueAsset function using an lAssetWalletFactory interface (see Appendix for code example). This interface issues a smart contract implementing an IContractWallet interface which is stored in Contract Registry 108 in association with the unique token ID. An example of code implementing this interface can be found in the Appendix.The wallet contract’s interfaces can be executed using the lAssetWallet wrapper, that is, the set of functions conforming to the lAssetWallet interface specification published in the appendix that are available via the AssetRegistry smart contract for use by the owner of the lAsset token or other permission structures as implemented in the smart contract logic. If the signer is not authorized to execute the function as designated by Asset Registry 104, implemented as smart contract logic for example, the proposed operation (e.g., “send tokens”) will not be permitted and thus will not occur. The lAssetWallet exposes its wallet address via the GetWallet function of the attached code. This address can be used as an origin or destination for transactions in the same way as any wallet on the distributed ledger.)
One of ordinary skill in the art would have recognized that applying the known technique of Doney to the known invention of Lucas would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate non-fungible tokens (NFTs) features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the invention the method to include a computer-implemented method for using non-fungible tokens (NFTs) to manage durable asset usage data, the method comprising: package an NFT on a distributed ledger, the NFT representing the durable asset data and including the identification information of the durable asset data and an indication of a permission to interact with a set of data associated with the at least one durable asset results in an improved invention because applying said technique will ensure for precise tracking and verification of asset’s sage data over time and storing the NFT on a distributed ledgers makes sures there is a record of the asset’s usage data that cannot be altered, thus improving the overall performance of the invention.
Lucas as modified does not explicitly disclose associate the durable asset usage data with the NFT representing the durable asset data by adding the durable asset usage data to the set of data associated with the at least one durable asset; and enable access to a data vault containing the set of data associated with the at least one durable asset based upon the indication of the permission included in the NFT.
However, Bradley teaches associate the durable asset usage data with the NFT representing the durable asset data by adding the durable asset usage data to the set of data associated with the at least one durable asset; and enable access to a data vault containing the set of data associated with the at least one durable asset based upon the indication of the permission included in the NFT, (Para. 0004-0005, The data platform receives one or more data elements associated with the user data of the user from one of a plurality of sources, creates one or more tokens based on the user data, store the user data in a secure location, the user profile may deny access to the user data, or the user profile approves and vends access to user data and the data is exchanged to one of a plurality of parties utilizing the one or more tokens, and compensates the user for vending the user data, wherein the data is accessible from the secure location utilizing an indicator included in the one or more tokens. The data platform receives one or more data elements associated with the user data from the electronic devices, automatically confirms the one or more data elements are applicable to the user, adds the one or more data elements to a data set associated with the user, determines whether the data set is complete after adding the data element to the data set, and creates one or more tokens based on the data set of the user.; and Para. 0017, Token based compensation for consumer data allows for the direct control and monetization of their data (e.g., web data, application data, profiles, personal measurements, readings, etc.). Compensation may be performed through digital currencies, hard currencies, charitable contributions, and tax deductions. The earnings for a user may also be donated. Users may be rewarded for additional data uploads, updates, additions, amendments, surveys/questionnaire fulfillment, and so forth. The tokens may be utilized to pay a vendor or third party for a product, service, system, or data, secure a digital asset, tracking the life of an asset, share a stake in an asset or company, participate in an initial coin offering, receive a reward, maintaining and managing a digital asset, make a charitable contribution, or receive a tax deduction.; and Para. 0013, The user data is stored in a secure location. The user data is vended to one of a number of parties utilizing the one or more tokens. The user data is accessible from the secure location utilizing an indicator included in the one or more tokens. The user is compensated for vending the user data.; and Para. 0015, The token is a blockchain crypto token and points to the data set for secure access by one or more interested parties... Payments are received from one or more interested parties to access the data set utilizing the token. One or more users are compensated for granting access to their data sets. The interested parties represent advertisers, marketers, data brokers, consumer outreach, or businesses that desire access to the user data in the data set.; and Para. 0007, The data platform… distributes monies paid during the transactions for transfer of ownership or access to the one or more tokens associated with the precious physical asset, wherein the one or more tokens represent approved access, tracking ownership, or transfer of ownership of the precious physical asset.) Under broad reasonable interpretation, the examiner states “associating the durable asset usage data with the NFT representing the durable asset data by adding the durable asset usage data to the set of data associated with the at least one durable asset” is interpreted as “data platform receives one or more data elements associated with the user data from the electronic devices, automatically confirms the one or more data elements are applicable to the user, adds the one or more data elements to a data set associated with the user, determines whether the data set is complete after adding the data element to the data set, and creates one or more tokens based on the data set of the user” in the cited prior art. Under broad reasonable interpretation, the examiner states “Enabling, via the one or more processors, access to a data vault containing the set of data associated with the at least one durable asset based upon the indication of the permission included in the NFT” is interpreted as “The user data is stored in a secure location. The user data is vended to one of a number of parties utilizing the one or more tokens. The user data is accessible from the secure location utilizing an indicator included in the one or more tokens and the data platform… distributes monies paid during the transactions for transfer of ownership or access to the one or more tokens associated with the precious physical asset, wherein the one or more tokens represent approved access, tracking ownership, or transfer of ownership of the precious physical asset” in the cited prior art.
One of ordinary skill in the art would have recognized that applying the known technique of Bradley to the known invention of Lucas as modified would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate non-fungible tokens (NFTs) features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the invention the method to include associate the durable asset usage data with the NFT representing the durable asset data by adding the durable asset usage data to the set of data associated with the at least one durable asset; and enable access to a data vault containing the set of data associated with the at least one durable asset based upon the indication of the permission included in the NFT result in an improved invention because applying said technique will prevent unauthorized access and ensures sensitive information is protected by only allowing users who have permissions to access the NFT, thus improving the overall security of the invention.
13. Regarding claim 11, Lucas discloses wherein the durable asset data is representative of at least one long-lived asset selected from: real property or a vehicle, (Para. 0059, "Managed asset" as used herein refers to a class of assets, including "capital assets," and encompasses durable goods, including shopping carts, vehicles, and equipment, which are not affixed to land or other fixed property. "Managed asset unit" as used herein refers to a quantity designated as a standard of measurement for a managed asset. Exemplary managed asset units of increasing quantities include a single item; a box or package; a carton; a pallet; and a shipping container. The specific quantity designated as a unit for a managed asset is determined by, for example, the size, cost, and packaging of the particular asset.)
14. Regarding claims 13 and 19, Lucas discloses evaluate the at least one individual based upon the subsets of the durable asset usage data, (Para. 0224, As Server 100 receives supply requests, Server 100 may request price quotes from several Manufacturer, Supplier, or Distributor 120's ("Distributor 120"). Distributor 120 may respond with quantity available, price, estimated delivery time, and other such information. Server 100 may then automatically evaluate each Distributor 120 response to find the best value given various factors associated with each customer request. When an appropriate Distributor 120 response is chosen, Server 100 may automatically arrange payment and shipping of requested supplies for Customer Inventory System 130.)
15. Regarding claim 17, Lucas discloses wherein the durable asset usage data includes at least one of: durable asset maintenance records, vehicle trip logs, or smart thermostat data, (Para. 0311, Table Description and function—Can store a unique identifier for each customer in a permanent table. Activity logged in CUSTOMER_MAINT_HISTORY table. Can be linked to third-party applications for credit terms, bill to, ship to addresses, phones and other financial data; and Para. 0113-0119, Similarly, an exemplary system for RFID-based asset tracking as it pertains to shopping carts or the like, comprises: (a) an RFID tag affixed to a shopping cart; (b) a plurality of RFID antennas, located to track the shopping cart as it moves throughout the store and provide a record of one, some, or all of the following exemplary events: total time the shopping cart was used within the store, record date/time stamp of the shopping cart movement throughout the store, record date/time stamp of the shopping cart at check-out register to compare to Point of Sale (POS) data captured at checkout record how long a customer stayed at a particular location within the store; and Para. 0189,Vehicle rental companies using the inventive RFID asset tracking system will be enabled to make renting vehicles faster and more convenient. For this purpose, RFID enabled frequent user cards are used to speed the car rental process and to provide a more seamless travel experience for customers.)
16. Claims 4, 8 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Lucas et al. (US 20070239569 A1) in view of Doney et al. (WO 2020223332 A1), in view of Bradley et al. (US 20230073507 A1), in view of Dayama et al. ( US 11163297 B2), and further in view of Jackson et al. (US 20120166249 A1).
17. Regarding claims 4, 8 and 21, Lucas as modified does not explicitly disclose
further comprising: creating, via the one or more processors, at least one risk profile for the at least one durable asset based upon the durable asset usage data.
However, Jackson teaches further comprising: creating, via the one or more processors, at least one risk profile for the at least one durable asset based upon the durable asset usage data, (0061-0063, The risk modelling functions according to such embodiments of the present invention are described as an Asset Risk register tool. However this tool represents a departure from conventional modelling used by existing Asset Risk Register tools, which are based on simplistic parameters for life prediction or the like. In contrast the embodiments of the present invention make use of rigorous engineering data and techniques, including fault tree models and the like, obtained from the relevant engineering discipline or team. With the addition of capacity limits for spare/lease assets and planned maintenance activity, a risk profile for the fleet, a maintenance cost prediction and a demand for spare/lease assets can be determined. The risk index is calculated in a number of forecast periods over a working horizon. The exit of one forecast period provides the entry or boundary conditions for the ensuing period and so forth for the entire working horizon to be forecast; and Para. 0125, To this end, the risk index for each engine is monitored and/or trended over the time periods for which the maintenance plan has been created. Unwanted or unexpected variations in asset risk profiles are used to draw attention to emerging threats. A threshold allowable deviation from a planned risk profile can be preset such that an alert is generated when an asset risk strays beyond the limits of that threshold. Such deviation thresholds may be set for rates of change of risk which are either greater than or less than predicted since either case is indicative of an inaccuracy within the plan).
One of ordinary skill in the art would have recognized that applying the known technique of Jackson to the known invention of Lucas as modified would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate asset risk profile features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the method to include creating, via the one or more processors, at least one risk profile for the at least one durable asset based upon the durable asset usage data result in an improved invention because applying said technique will ensure that threats are reduced by highlighting potential threats and safety concerns based on the assed usage data, thus improving the overall performance of the invention.
18. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lucas et al. (US 20070239569 A1) in view of Doney et al. (WO 2020223332 A1), and further in view of Bradley et al. (US 20230073507 A1), in view of Dayama et al. ( US 11163297 B2), and further in view of Salter et al. (US 20140164290 A1)
19. Regarding claim 14, Lucas as modified does not explicitly disclose create at least one risk profile for the at least one individual based upon the durable asset usage data,
However Salter teaches create at least one risk profile for the at least one individual based upon the durable asset usage data, (0097-0103, The system 10 shown in FIG. 1 provides a financial planner, for example, with the tools to: 1. Create a profile for an investor; 2. Create a risk profile for an investor that reflects the investor's risk tolerance level; 3. Assess investments in different economic sectors; 4. Select investments for an investment portfolio for an investor; 5. Allocate the investor's assets over the investments of the investment portfolio; and
6. Manage the risk associated with the investment portfolio in accordance with the investor's risk profile).
One of ordinary skill in the art would have recognized that applying the known technique of Salter to the known invention of Lucas as modified would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate user risk profile features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the method to include create at least one risk profile for the at least one individual based upon the durable asset usage data, result in an improved invention because applying said technique will ensure that a personalized risk profile is created for an individual by analyzing their asset usage data to allow for better risk management specific to the user’s usage patterns, thus improving the overall performance of the invention.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Systems, Structures, And Processes For Interconnected Devices And Risk Management (US 11244270 B2) teaches techniques are provided that produce a risk profile consisting of a risk score and trends of risk scores across devices and sensors in a machine-to-machine (M2M) or Internet of things (IOT) environment. For example, a device is assigned a risk score which is based on baseline factors such as expected network packets between two devices, normal network packets, access to critical devices, authorized access requests from one device to another device, normal communications to a device and the critical ports of a device; access to and conflicts across physical, logical, and operational systems; historical and current usage of these systems, data from public sites, and anomalies from normal behavior patterns. Techniques encompass risk management by computing a risk score in a timely fashion in accordance with an architecture that enables achieving the required scaling necessitated by the huge number of devices in the machine-to-machine (M2M) or Internet of things (IOT) environment.
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.
In addition to the foregoing, other aspects are described in the claims, drawings, and text. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Davida L. King whose telephone number is (571) 272-4724. The examiner can normally be reached M-F 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Neha Patel can be reached on (571) 270-1492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/D.L.K./Examiner, Art Unit 3699
/NEHA PATEL/Supervisory Patent Examiner, Art Unit 3699
Prosecution Insights