DETAILED ACTION
Status of Claims
Claims 1, 4, 10, 12-14, 16, and 18-19 have been amended.
Claims 2, 11, and 20 have been cancelled.
Claims 1, 3-10, and 12-19 are currently pending and have been considered by the examiner.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
101 Rejection:
Applicant’s arguments have been considered and are moot in view of the rationale provided in the following 101 rejection.
Prior Art Rejection:
Applicant’s arguments have been considered and have been deemed unpersuasive by the examiner based on the rational provided in the following prior art rejection. Specifically, the examiner asserts that the newly amended claims are either directed towards nonfunctional descriptive material and/or are disclosed by the previously cited prior art, as outlined in the following rejection.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3-10, and 12-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
In the instant case, claim 1-9 are directed towards a method, claims 10-18 are directed to a system/apparatus, and claim 19-20 are directed towards a non-transitory computer readable medium. Therefore, these claims fall within the four statutory categories of invention.
Claim 1 recites the following:
A method for data processing, comprising:
broadcasting, via a blockchain network supported distributed data store associated with a blockchain network, one or more first messages that stake at least a first amount of a first crypto token, wherein the first crypto token is locked from being transferred via a protocol associated with the blockchain network supported distributed data store based at least in part on being staked in accordance with the one or more first messages;
broadcasting, to the blockchain network supported distributed data store, one or more second messages that mint, via a self-executing program and to a one or more token pools managed by a custodial token platform, a supply of a second crypto token that corresponds to a supply of the first crypto token staked via the custodial token platform, wherein the second crypto token is transferrable via the protocol associated with the blockchain network supported distributed data store;
receiving, at a custodial token platform from a first user profile, a first request to wrap a first amount of a first crypto token that is staked in accordance with a protocol associated with a blockchain network supported distributed data store;
associating, after receiving the first request, a second amount of a second crypto token with the first user profile, the second amount being based on a first value of a current conversion ratio between the first crypto token and the second crypto token; wherein the second amount is retrieved from the one or more token pools managed by the custodial token platform that are attributed with the supply of the second crypto token
receiving, at the custodial token platform from a second user profile, a second request to unwrap the second crypto token; and
associating, after receiving the second request, the second user profile with a third amount of the first crypto token, the third amount being based on a second value of the current conversion ratio between the first crypto token and the second crypto token.
Regarding Step 2A Prong One, the claims recite the abstract idea of performing an economic transaction. Specifically, the claims recite the limitations underlined above which recite the process of transferring economic value from one party to another which constitutes an economic transaction which is grouped within the Certain Methods of Organizing Human Activity grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See MPEP § 2106.04) because the claims involve the process of mitigating risk in an economic transaction. Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
Regarding Step 2A Prong Two, the recited abstract idea is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See MPEP § 2106.04(d)), the additional element(s) of the claim(s) such as a “custodial token platform”, and “blockchain network supported distributed data store” merely use(s) a computer as a tool to perform an abstract idea. Specifically, the “custodial token platform”, and “blockchain network supported distributed data store” perform(s) the steps or functions underlined above. The use of a processor/computer as a tool to implement the abstract idea does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See MPEP § 2106.05), the additional element(s) of a “custodial token platform”, and “blockchain network supported distributed data store” amounts to no more than using a computer or processor to automate and/or implement the abstract idea. As discussed above, taking the claim elements separately, the “custodial token platform”, and “blockchain network supported distributed data store” perform(s) the steps or functions underlined above. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite risk mitigation. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Dependent claims 3-9 and 12-18 further describe the recited abstract idea. The dependent claims do not include additional elements that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea. Specifically:
Claims 3-5, 7, 9, 12-15, 17, and 19 recite additional claim limitations which are also directed towards the recited abstract idea of performing an economic transaction
Claims 6, 8, 16, and 18 merely further describe the amount and type of currency being used to perform the recited abstract idea.
Therefore, as the dependent claims do not include additional elements that integrate the abstract idea into a practical application nor provide significantly more than the abstract idea, the dependent claims are also not patent eligible.
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.
Claim(s) 1, 3-5, 6-10 and 12-15, and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doney (US 20200342539 A1) in view of Cella et al. (US 20220366494 A1).
Regarding Claims 1, 10, and 19, Doney discloses:
A method for data processing, comprising:
broadcasting, via a blockchain network supported distributed data store associated with a blockchain network, one or more first messages (See Doney: para. [0087] – “For a token purchase, as shown at 406, a createPurchaseOrder function is executed on a data structure. In one embodiment, the createPurchaseOrder function includes parameters for uint tokenid, unit purchaseTokenid, float price, unit expires, and/or bytes data and returns a uint orderid, otherwise referred to as an order id herein. A cancelPurchaseOrder function is executed on the parameter of orderid and returns a Boolean. If the return is FALSE, the purchase is accepted and the acceptPurchaseOrder function is executed on the orderid parameter to clear the purchase”)
that stake at least a first amount of a first crypto token, wherein the first crypto token is locked from being transferred via a protocol associated with the blockchain network supported distributed data store based at least in part on being staked in accordance with the one or more first messages (The examiner has determined that the aforementioned claim limitation constitutes a recitation of nonfunctional descriptive material. Specifically, the limitation appears to merely describe the intended result of the claimed step of broadcasting one or more first messages. However, the described intended results does not meaningfully limit or impose any functional limitation on the claimed method step of broadcasting. Thus, as the aforementioned claim limitations constitutes nonfunctional descriptive material, the limitations cannot be given patentable weight. See MPEP 2114. For purposes of compact prosecution, the examiner cites the following: See Doney: Para. [0221] – “Series deliveries are slower than parallel payment, and require significant use of slippage management and locking of outbound funds to support delays in inbound transactions.”);
broadcasting, to the blockchain network supported distributed data store, one or more second messages (See Doney: para. [0086] – “As shown at 402 in FIG. 4, a sell order for a token is created with the createSellOrder function that operates on a data structure”)
that mint, via a self-executing program and to a one or more token pools managed by a custodial token platform, a supply of a second crypto token that corresponds to a supply of the first crypto token staked via the custodial token platform, wherein the second crypto token is transferrable via the protocol associated with the blockchain network supported distributed data store (The examiner has determined that the aforementioned claim limitation constitutes a recitation of nonfunctional descriptive material. Specifically, the limitation appears to merely describe the intended result of the claimed step of broadcasting one or more second messages. However, the described intended results does not meaningfully limit or impose any functional limitation on the claimed method step of broadcasting. Thus, as the aforementioned claim limitations constitutes nonfunctional descriptive material, the limitations cannot be given patentable weight. See MPEP 2114.For purposes of compact prosecution, the examiner cites the following: See Doney: Para. [0269] – “Use of centralized cryptocurrencies and decentralized cryptocurrencies are both compatible with the present invention. Centralized cryptocurrencies are minted prior to issuance and/or are issued by a single body. Records of a decentralized cryptocurrency are stored on a distributed ledger (e.g., a blockchain), and any node participating in the distributed ledger is operable to mint the decentralized cryptocurrency”);
receiving, at the custodial token platform from a first user profile, a first request to wrap a first amount of the first crypto token that is staked in accordance with the protocol associated with the blockchain network supported distributed data store (See Doney: Para. [0196] – “Non-fungible token 2502 is “wrapped” in fungible token 25008 (for example, fungible token can implement the IAssetFund interface described above). Fungible token 2508 thus can represent ownership of underlying non-fungible asset token 2502. The holder of the fungible token 2508 (the “parent token”) may obtain a dividend reflecting revenue generated by providing liquidity between the pair. Non-fungible token 2502 and asset tokens 2506a and 2506b can be registered in Asset registry 104 (see FIG. 1) in the manner described above”, See Doney: Fig. 22 – Doney discloses an investor Account transmitting tokens to a marketplace);
associating, after receiving the first request, the second amount of a second crypto token with the first user profile, (See Doney: Para. [0197] – “Tokens similar to non-fungible token 2502 are referred to as “Liquidity Tokens” herein. Tokens such as fungible token 2508 are referred to herein as “Wrapped Liquidity Tokens” and may be transferred, in whole or in part (by selling shares in the Wrapped Liquidity Token), via an exchange implemented on a networked computing platform as described above. For example, Wrapped Liquidity Tokens can be transacted on a networked trading platform in a manner similar to the techniques described above with respect to FIG. 1 and FIG. 12.”) and being minted by a self-executing program deployed to the blockchain network supported distributed data store (See Doney: Para. [0051] – “As noted above and shown in FIGS. 2 and 3, a token 200 is associated with a cryptographic wallet 210. Disclosed implementations include an interface specification and data structure enabling a smart contract and/or a discrete token to be associated with, i.e. to own, a cryptographic wallet. This novel structure makes it possible for a token to own other tokens and add or remove other tokens from its ownership and to conduct transactions with other entities by interacting with wallets 211 corresponding to other tokens or entities”), the second amount being based on a first value of a current conversion ratio between the first crypto token and the second crypto token, wherein the second amount is retrieved from the one or more token pools managed by the custodial token platform that are attributed with the supply of the second crypto token (See Doney: Para. [0189] – “Price Discovery is facilitated through the operation of the Price and Liquidity module 2010 (FIG. 12). This module may adjust price through market functions to maintain a balance between Inbound and Outbound account levels. External markets can be used to replenish liquidity. Darkpool owners (those who contribute assets to the pool) receive income from fees linked to pool usage. The Price and Liquidity module 2010 is designed to manage liquidity between ecosystems, currencies, asset exchanges. The Price and Liquidity module 2010 applies market making algorithms to manage liquidity. The Price and Liquidity module 2010 may manage the cost of transfer based on the balance of resources on both sides of Darkpool. It drives up the cost of sustained mismatch in the flow of capital. A sustained imbalance in resource flow between A and B will result in increase in price to move from A->B and decrease B->A. The bigger the mismatch the greater the revenue of the model. Users can “invest” in mismatch to bring liquidity where needed.”);
associating, after receiving the second request, the second user profile with a third amount of a crypto token, the third amount being based on a second value of the current conversion ratio between the first crypto token and the second crypto token (See Doney: Para. [0189] – “Price Discovery is facilitated through the operation of the Price and Liquidity module 2010 (FIG. 12). This module may adjust price through market functions to maintain a balance between Inbound and Outbound account levels. External markets can be used to replenish liquidity. Darkpool owners (those who contribute assets to the pool) receive income from fees linked to pool usage. The Price and Liquidity module 2010 is designed to manage liquidity between ecosystems, currencies, asset exchanges. The Price and Liquidity module 2010 applies market making algorithms to manage liquidity. The Price and Liquidity module 2010 may manage the cost of transfer based on the balance of resources on both sides of Darkpool. It drives up the cost of sustained mismatch in the flow of capital. A sustained imbalance in resource flow between A and B will result in increase in price to move from A->B and decrease B->A. The bigger the mismatch the greater the revenue of the model. Users can “invest” in mismatch to bring liquidity where needed.”, See Doney: Fig. 22).
However, Doney fails to explicitly disclose:
receiving, at the custodial token platform from a second user profile, a second request to unwrap the second crypto token;
However, in a similar field of endeavor, Cella discloses:
receiving, at the custodial token platform from a second user profile, a second request to unwrap the second crypto token (See Cella: Para. [0933] – “The smart contract 16840 may wrap the digital knowledge 16804 such that in order to be accessed by the knowledge recipient 16818, the digital knowledge 16804 must first be “unwrapped,” (e.g., reverted to a pre-wrapped form). In some embodiments, the pre-wrapped form may be the tokenized form. The smart contract 16840, the distributed ledger 16808, and/or the knowledge distribution system 16802 may unwrap one or more tokens and/or instances of the digital knowledge 16804 in response to one or more triggering events. In some embodiments, the knowledge distribution system 16802, or another suitable system, may store a plurality of smart contract templates from which the smart contract 16840 may be generated”);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the custodial token platform to receive and handle an unwrap request as disclosed by Cella yielding the predictable result of an increase in the flexibility of the invention to operate with other blockchain networks.
Regarding Claims 3 and 12, the combination discloses:
wherein associating the second amount with the first user profile comprises: retrieving the second amount of the second crypto token from a token pool managed by the custodial token platform, wherein the token pool includes a supply of the second crypto token that is minted by the self-executing program deployed to the blockchain network (See Doney: Para. [0199] – “An increase in demand for an asset pair's liquidity token will result in a net inflow of capital to the ecosystem. This inflow of capital creates an imbalance between the cash and token reserves in the liquidity pool. Using the Elastic Securitization technique disclosed above, inflow of capital can be used to increase the underlying asset pool. Using a smart contract (or other algorithm) as a pricing function, when the cash in the liquidity pool held in reserve hits a threshold (reflecting increased demand in the liquidity function), it can be moved to the broader underlying pool to provide to meet redemption demands or to buy assets required for the liquidity pair. The resulting increase in cash in the source reserve helps increase the overall liquidity of the ecosystem.”, See Doney: Para. [0051] – “As noted above and shown in FIGS. 2 and 3, a token 200 is associated with a cryptographic wallet 210. Disclosed implementations include an interface specification and data structure enabling a smart contract and/or a discrete token to be associated with, i.e. to own, a cryptographic wallet. This novel structure makes it possible for a token to own other tokens and add or remove other tokens from its ownership and to conduct transactions with other entities by interacting with wallets 211 corresponding to other tokens or entities”).
Regarding Claims 4 and 13, the combination discloses:
further comprising: broadcasting a first message that is configured to delegate the first amount of the first crypto token to a staking self-executing program associated with the custodial token platform (See Doney: Para. [0051] – “As noted above and shown in FIGS. 2 and 3, a token 200 is associated with a cryptographic wallet 210. Disclosed implementations include an interface specification and data structure enabling a smart contract and/or a discrete token to be associated with, i.e. to own, a cryptographic wallet. This novel structure makes it possible for a token to own other tokens and add or remove other tokens from its ownership and to conduct transactions with other entities by interacting with wallets 211 corresponding to other tokens or entities”); and broadcasting, after confirmation of the first message via the blockchain network and before receiving the first request, a second message that is configured to cause the self-executing program to mint the second amount of the second crypto token and attribute the second amount to an address associated with the custodial token platform (See Doney: Para. [0005] – “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. Transactions are recorded to the ledger based on confirmation accomplished through a consensus mechanism.”).
Regarding Claims 5 and 14, the combination discloses:
further comprising: receiving, at the custodial token platform, a staking request to stake the first amount of the first crypto token via the custodial token platform, wherein the first message is broadcast based at least in part on receiving the staking request (See Doney: Para. [0051] – “As noted above and shown in FIGS. 2 and 3, a token 200 is associated with a cryptographic wallet 210. Disclosed implementations include an interface specification and data structure enabling a smart contract and/or a discrete token to be associated with, i.e. to own, a cryptographic wallet. This novel structure makes it possible for a token to own other tokens and add or remove other tokens from its ownership and to conduct transactions with other entities by interacting with wallets 211 corresponding to other tokens or entities”); activating, after receiving the staking request and prior to confirmation of the first message, staking returns associated with the first user profile for the first amount of the first crypto token; and activating, after receiving the staking request and prior to confirmation of the first message, access to a service for wrapping the first amount of the first crypto token (See Doney: Para. [0005] – “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. Transactions are recorded to the ledger based on confirmation accomplished through a consensus mechanism.”).
Regarding Claims 7 and 16, the combination discloses:
further comprising: determining the first value or the second value of the current conversion ratio based least in part on a ratio between a total supply of the first crypto token that is staked in accordance with the protocol and a total supply of the second crypto token that is minted by the self-executing program (See Doney: Para. [0199] – “An increase in demand for an asset pair's liquidity token will result in a net inflow of capital to the ecosystem. This inflow of capital creates an imbalance between the cash and token reserves in the liquidity pool. Using the Elastic Securitization technique disclosed above, inflow of capital can be used to increase the underlying asset pool. Using a smart contract (or other algorithm) as a pricing function, when the cash in the liquidity pool held in reserve hits a threshold (reflecting increased demand in the liquidity function), it can be moved to the broader underlying pool to provide to meet redemption demands or to buy assets required for the liquidity pair. The resulting increase in cash in the source reserve helps increase the overall liquidity of the ecosystem”).
Regarding Claims 8 and 17, the combination discloses:
wherein the total supply of the first crypto token includes a staking return for staking the first crypto token in accordance with the protocol, a slashing penalty associated with staking the first crypto token in accordance with the protocol, or both (See Doney: Para. [0203] – “A liquidity pricing function manages liquidity between assets, ecosystems, and exchanges. The engine manages the cost of transfer needed to balance resources. It drives up the cost of sustained mismatch in the flow of assets, by incenting users to “invest” in the mismatch and drive liquidity where it is needed. One implementation of a liquidity pricing function monitors the relative balance between source and destination reserve balances and adjusts price and the rate of change of price based on recent pricing history, an anchor value based on external information, fees associated with replenishment, and the amount of value that is being moved. The liquidity pricing function also determines the spread (difference between min bid and ask order price based on market conditions and volatility.”).
Regarding Claims 9 and 18, the combination discloses:
urther comprising: broadcasting, after associating the second amount of the second crypto token with the first user profile, a message that is configured to transfer one or more of the second crypto token from the first user profile of the custodial token platform to an address that is external to the custodial token platform, wherein the first user profile is subject to staking returns associated with the first crypto token after broadcasting the message (See Doney: Fig. 22, See Doney: Para. [0139] – “Various classes of Bridges can be created and stored by Bridge Service module 2008, with a range of options in price discovery (pegs, floats, exchanges), accounting (translation, indenture), and transfer (in band, out of band). These classes provide common interconnectivity patterns facilitating repeatable processes to execute and record the movement of value between networks. A contained bridge class is composed of options in areas such as price discovery, accounting, and transfer (e.g., in-band and out-of-band combinations), as specified by the metadata model. Dissimilar networks are connected together using Bridges and thus Bridges facilitate the flow of value between networks and can extracting a toll for the service, as specified by the metadata.”).
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doney in view of Cella in further view of Jakobsson et al. (US 20230281583 A1).
Regarding Claims 6 and 15, Doney and Cella discloses the method of claim 5 but fails to explicitly disclose:
wherein the first amount of the first crypto token is locked for staking for a time period after receiving the staking request.
However, in a similar field of endeavor, Jakobsson discloses:
wherein the first amount of the first crypto token is locked for staking for a time period after receiving the staking request (See Jakobsson: Para. [0344] – “In a second embodiment, a holder of the proof-of-work token may submit a next block of transactions for appending to the blockchain accompanied by a transaction locking the token for a given period of time. The given period of time may be one of: a fixed predetermined period, a period of time proportional and/or inversely proportional to the estimated measure of work conducted on the token, a period of time calculated from the time at which the token was first minted, a period of time calculated from the time at which evidence of the proof-of-work conducted was provided on the blockchain, a period of time that has elapsed since the token was last locked and/or unlocked, and/or some other measure for determining the period of time the token must be locked in order for the next block to be a valid submission to the blockchain.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the wrapping function disclosed by Doney and Cella to additionally incorporate the locking functionality disclosed by Jakobsson yielding the predictable result in an increase in the security strength of the invention by ensuing that records between the sending chain and receiving chain remain identical.
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 NICHOLAS K PHAN whose telephone number is (571)272-6748. The examiner can normally be reached M-F 1 pm-9 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Neha Patel can be reached at 571-270-1492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS K PHAN/Examiner, Art Unit 3699 /NEHA PATEL/Supervisory Patent Examiner, Art Unit 3699