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 .
This is a Final Office Action in response to application 18/206,531 entitled "SYSTEMS, METHODS, AND MEDIA FOR PREVENTING COUNTERFEITING USING NON-FUNGIBLE TOKENS" filed on July 9, 2025, with claims 1, 3-12, and 22 pending.
Status of Claims
Claims 1 and 22 have been amended and are hereby entered.
Claims 2 and 13-21 were previously cancelled.
Claims 1, 3-12, and 22 are pending and have been examined.
Response to Amendment
The amendment filed February 24, 2026, has been entered. Claims 1, 3-12, and 22 remain pending in the application. Applicant’s amendments to the Specification, Drawings, and/or Claims have been noted in response to the Non-Final Office Action mailed November 26, 2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 21, 2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1, 3-6, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Tran (“NON-FUNGIBLE TOKEN (NFT)”, U.S. Publication Number: 20220040557 A1), in view of Rahimizad (“DIGITAL FINGERPRINTING”, U.S. Publication Number: 20210174377 A1),in view of Cuini (“SHOE”, U.S. Publication Number: 20160324256 A1).
Regarding Claim 1,
Tran teaches,
A method of manufacturing a physical article of footwear … using non-fungible tokens to prevent counterfeiting,
(Tran [0212] The system enables the physical goods and materials to be identified and linked with their digital representation on the blockchain (e.g., serial numbers, bar codes, digital tags like RFID and NFC, genetic tags)
Tran [0120] Blockchain token ownership is immediately transferred to a new owner after authentication and verification
Tran [0306] product may combine other anti-counterfeiting measures with the first code
Tran [0112] footwear can be custom produced at the request of a customer, who can specify the nature of the customization for one or more pairs of ... footwear
Tran [Title] Non-fungible token (nft))
affixing an identification ("ID") tag to the article of footwear that is configured to be recognized by a device that includes a user interface and communicates wirelessly over a communication network;
(Tran [0306] the first computing 201 is configured to export an address to a first code such as a bar code affixed to a product....can be a bar code generator or a wireless code such as a near field communication (NFC) code. Upon receipt by a bar code scanner or an NFC scanner, the product authenticity can be verified.
Tran [0059] the transceiver module 222 may be configured to receive the stress reports over a wireless network. )
providing, by a processor of a computing device a digital asset with a representation of a 3D model
(Tran [0112] footwear can be custom produced at the request of a customer, who can specify the nature of the customization for ...footwear.... customization can be done by a Computerized Numerical Control (CNC) where component design can be integrated with computer-aided design (CAD) and computer-aided manufacturing (CAM) programs.... can produce a part that closely matches the original CAD design in a highly automated fashion....customized footwear with custom cut sole designs
Tran [0106] perform 3D scan of person and create 3D model)
of the physical article of the footwear and metadata, wherein the digital asset is cryptographically secured by a non-fungible token, and wherein the metadata includes a unique product identifier that is configured to correspond to the ID tag of the physical article of footwear;
(Tran [Title] Non-fungible token (nft)
Tran [0146] Item provider utilizes the blockchain system described above and generates a cryptographic key pair and in (26) the service or item provider embeds the key data in the service or item
Tran [0150] such as Secure Hash Algorithm 256 (SHA-256) or scrypt
Tran [0926] The data includes an identity and metadata of the item
Tran [0112] footwear can be custom produced at the request of a customer
Tran [0148] The key data (134) which is to be embedded in the service or item (112) is an identifier uniquely associated with the store of value (132).
Tran [0182] embedding the service or item with the identifier and/or the managing of blockchain addresses)
storing, by the processor, the non-fungible token on a blockchain;
and linking, by the processor, the ID tag of the physical article of footwear to the digital asset prior to a verified transaction
(Tran [Title] Non-fungible token (nft)
Tran [0122] one or more Blockchain tokens in a virtual wallet for purchasing an asset
Tran [0146] In (24) Item provider utilizes the blockchain ... and generates a cryptographic key pair and in (26) the service or item provider embeds the key data in the service or item. In (28) the service or service or item provider stores the private key in association with an entity credential in the database
Tran [0306] the first computing 201 is configured to export an address to a first code such as a bar code affixed to a product....can be a bar code generator or a wireless code such as a near field communication (NFC) code. Upon receipt by a bar code scanner or an NFC scanner, the product authenticity can be verified.
Tran [0112] footwear can be custom produced at the request of a customer)
between a second party and a retailer or a first party,
(Tran [0162] The service or item provider may, in a different scenario, be a distributor, retailer, or commercial service or item provider
Tran [0147] configured to designate the item (112) as accessed by a third party in the event that a transaction)
such that the ID tag is a first portion of a private key, wherein the processor confirms that a wallet of the second party is registered with a platform;
(Tran [Title] Non-fungible token (nft)
Tran [0122] one or more Blockchain tokens in a virtual wallet for purchasing an asset
Tran [0201] Trader A enters his order into his wallet, and Trader B enters her order into her wallet.
Tran [0215] system supports the registration of named participants ... participants may request registration of their digital identity which links their real-world identity with their blockchain-based digital identity,
Tran [0146] In (24) Item provider utilizes the blockchain ... and generates a cryptographic key pair and in (26) the service or item provider embeds the key data in the service or item. In (28) the service or service or item provider stores the private key in association with an entity credential in the database)
wherein the processor receives the first portion and a second portion of the private key from the second party after the verified transaction;
(Tran [0149] keep track of which private keys are associated with which buyer
Tran [0200] on multiple Security/share (e.g., via one or more private keys)
Tran [0713] reconstruction of private keys
Tran [0737] one can have a forwarding contract that waits until two out of a given three private keys have confirmed a particular message before resending
Tran [0742] with the approval of two out of three private keys.)
wherein the processor transfers the non-fungible token to the wallet;
(Tran [0120] exchange items of value by presenting an open transaction on the associated funds in their respective wallets. Blockchain token ownership is immediately transferred to a new owner)
and wherein the processor records the transfer on the blockchain,
wherein, when the ID tag is read by the device and the non-fungible token is transferred, the user interface of the device displays the cryptographically secured digital asset with the representation of the plate within the physical article of footwear.
(Tran [Title] Non-fungible token (nft)
Tran [0225] the consumer scans a label on the item. The scan may launch a web browser and load the website on the consumer's electronic device such as a smartphone
Tran [0320] an asset record having a fingerprint comprising a hash of a digital representation of the asset
Tran [0150] such as Secure Hash Algorithm 256 (SHA-256) or scrypt
Tran [0214] smartphone applications can aggregate and display information to customers in a real-time manner
Tran [0223] By inspecting the blockchain, smartphone applications can aggregate and display information to customers in a real-time manner; furthermore, due to the strong integrity properties of the blockchain, this information can be genuinely trusted.
Tran [0124] a user interface renderer displays the corresponding deal sheet user interface to the user
Tran [0114] coverts a CAD object into an image)
Tran does not teach having a plate; the method comprising: assembling the plate within the physical article of footwear, wherein the plate includes reinforcement elements located within the plate based on measurements of a user; of the plate;
Rahimizad teaches,
having a plate; the method comprising: assembling the plate within the physical article of footwear, wherein the plate includes reinforcement elements; of the plate
(Rahimizad [0051] Sole structure 14 is rigidly secured to the upper ... between the upper 12 and a support surface upon which a user would stand...air-filled bladders, plates, lasting elements)
Rahimizad more explicitly teaches,
displays the … digital asset
(Rahimizad [0085] the interface device 39 may display the product attributes after accessing the database (e.g., the token, database entry, or blockchain ledger entry).
Rahimizad [0091] to display a message, indicating that the article of clothing 9 is authentic.)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Internet of Things (IoT) embedded footwear of Tran to incorporate the non-fungible token (NFT) tracked footwear plates of Rahimizad. Whereas Tran teaches embedding an IoT device within custom footwear, the reference does not describe the specifics of the footwear. Rahimizad teaches the structural details of an article of footwear, wherein the attributes of the footwear are included in an NFT. The modification would have been obvious, because it is merely applying a known technique (i.e. non-fungible token (NFT) tracked footwear plates) to a known concept (i.e. Things (IoT) embedded footwear) ready for improvement to yield predictable result (i.e. “anti-counterfeiting techniques to track each individual apparel and shoes, such as collectible shoes, with minimal hardware. These anti-counterfeiting techniques are used to manufacture and authenticate unique articles of clothing, such as apparel and shoes, thereby prevent the sales of counterfeit goods.” Rahimizad [0005])
Rahimizad does not teach located within the plate based on measurements of a user;
Cuini teaches,
located within the plate
(Cuini [0044] an improved shoe that is versatile, comfortable and able to guarantee a correct arch support for the user's foot, as well as easily customizable in order to improve aesthetics and comfort.
Cuini [0070] The shoe (A) of the invention comprises a reinforcement insert (4) shaped as a plate
Cuini [0071] Said reinforcement insert (4) can be made of any suitable material, preferably carbon or leather, reinforced cardboard, plastics, or of a thin metal plate.
Cuini [0006] The purpose of arch supports is to customize the internal configuration of a standard shoe.)
based on measurements of a user;
(Cuini [0044] an improved shoe that is versatile, comfortable and able to guarantee a correct arch support for the user's foot, as well as easily customizable in order to improve aesthetics and comfort.
Cuini [0055] a central longitudinal portion extending between the heel and the toe of the user's foot, which is interfaced with the sole of the user's foot;
Cuini [0009] through a dynamic analysis used to detect the movement of the foot during walking and a study of the load distribution.
Cuini [0094] In order to personalize the shoe)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Internet of Things (IoT) embedded footwear of Tran to incorporate the customized plate of Cuini that “comprises a reinforcement insert (4) shaped as a plate” (Cuini [0070]). The modification would have been obvious, because it is merely applying a known technique (i.e. customized plate) to a known concept (i.e. Internet of Things (IoT) embedded footwear) ready for improvement to yield predictable result (i.e. “In order to personalize the shoe.” Cuini [0094])
Regarding Claim 3,
Tran, Rahimizad, and Cuini teach the counterfeit prevention of Claim 1 as described earlier.
Tran teaches,
wherein the device is a smartphone.
(Tran [0166] The electronic computing device... may be...a mobile phone
Tran [0211] such as a computer or a smart phone)
Regarding Claim 4,
Tran, Rahimizad, and Cuini teach the counterfeit prevention of Claim 1 as described earlier.
Tran teaches,
wherein the ID tag is at least one of a barcode, a quick-response ("QR") code, a radio-frequency identification ("RFID") tag, or a near-field communication ("NFC") tag.
(Tran [0214] a discrete and removable label, easily verified through a smartphone-readable QR-code, a more progressive possibility would be a conspicuous hologramatic or RFID tag
Tran [0217] label (e.g., serial numbers, bar codes, digital tags like RFID and NFC, genetic tags) that uniquely identifies a physical good with its digital counterpart.)
Regarding Claim 5,
Tran, Rahimizad, and Cuini teach the counterfeit prevention of Claim 1 as described earlier.
Tran teaches,
wherein an online platform is displayed on the user interface of the device
(Tran [0148] the buyer (120) accesses a website of the provider (110) using the electronic computing device
Tran [0225] A website may be provided to the user (e.g., a consumer)....access to the website... website may be accessible to a consumer ...may launch a web browser and load the website on the consumer's electronic device such as a smartphone. The consumer may be able to view information )
when the ID tag is read, the online platform comprising a plurality of cryptographically secured digital assets..
(Tran [0225] the consumer scans a label on the item. The scan may launch a web browser and load the website on the consumer's electronic device such as a smartphone
Tran [0320] an asset record having a fingerprint comprising a hash of a digital representation of the asset
Tran [0150] such as Secure Hash Algorithm 256 (SHA-256) or scrypt
Tran [0214] smartphone applications can aggregate and display information to customers in a real-time manner
Tran [0124] a user interface renderer displays the corresponding deal sheet user interface to the user
Tran [0114] coverts a CAD object into an image)
Regarding Claim 6,
Tran, Rahimizad, and Cuini teach the counterfeit prevention of Claim 1 as described earlier.
Tran teaches,
wherein the metadata includes attributes associated with the physical article, the attributes including at least one of a color, a size, a material, or a date of manufacture.
(Tran [0926] The data includes an identity and metadata of the item
Tran [0112] make the custom helmet or shoe design messages or shapes...suitable materials for the bottom sole can be deposited and cured
Tran [0114] the sole is not completely filled with material, but is formed as a lattice structure.... a CAD object...to reduce weight and optimize designs prior to 3D printing. Cellular lattice structures... reducing weight whilst maintaining optimal performance. In this way, the shoes can be light weight yet strong and provide shock impact absorption during running for the wearer.
Tran [0023] man-made materials placed or found within the structure)
Regarding Claim 22,
Tran teaches,
an identification ("ID") tag affixed to the article of footwear,
(Tran [0306] the first computing 201 is configured to export an address to a first code such as a bar code affixed to a product....can be a bar code generator or a wireless code such as a near field communication (NFC) code. Upon receipt by a bar code scanner or an NFC scanner, the product authenticity can be verified. )
wherein the ID tag is configured to be read by a device that has a user interface that displays a cryptographically secured digital asset with a visual representation of the plate assembled within the article of footwear;
(Tran [0225] the consumer scans a label on the item. The scan may launch a web browser and load the website on the consumer's electronic device such as a smartphone
Tran [0320] an asset record having a fingerprint comprising a hash of a digital representation of the asset
Tran [0150] such as Secure Hash Algorithm 256 (SHA-256) or scrypt)
Tran does not teach an upper; a sole structure attached to the upper; a plate assembled within the sole structure, wherein reinforcement elements are located within the plate based on measurements taken from a user's foot and/or gait analysis;
Rahimizad teaches,
an upper;
(Rahimizad [0051] Sole structure 14 is rigidly secured to the upper ... between the upper 12 and a support surface upon which a user would stand...air-filled bladders, plates, lasting elements)
a sole structure attached to the upper;
(Rahimizad [0008] The article of clothing may be an article of footwear and includes an upper and a sole structure attached to the upper.)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Internet of Things (IoT) embedded footwear of Tran to incorporate the non-fungible token (NFT) tracked footwear plates of Rahimizad. Whereas Tran teaches embedding an IoT device within custom footwear, the reference does not describe the specifics of the footwear. Rahimizad teaches the structural details of an article of footwear, wherein the attributes of the footwear are included in an NFT. The modification would have been obvious, because it is merely applying a known technique (i.e. non-fungible token (NFT) tracked footwear plates) to a known concept (i.e. Things (IoT) embedded footwear) ready for improvement to yield predictable result (i.e. “anti-counterfeiting techniques to track each individual apparel and shoes, such as collectible shoes, with minimal hardware. These anti-counterfeiting techniques are used to manufacture and authenticate unique articles of clothing, such as apparel and shoes, thereby prevent the sales of counterfeit goods.” Rahimizad [0005])
Rahimizad does not teach a plate assembled within the sole structure, wherein reinforcement elements are located within the plate based on measurements taken from a user's foot and/or gait analysis;
Cuini teaches,
a plate assembled within the sole structure, wherein reinforcement elements are located within the plate based on measurements taken from a user's foot and/or gait analysis;
(Cuini [0044] an improved shoe that is versatile, comfortable and able to guarantee a correct arch support for the user's foot, as well as easily customizable in order to improve aesthetics and comfort.
Cuini [0070] The shoe (A) of the invention comprises a reinforcement insert (4) shaped as a plate, ...and is joined with the intermediate sole
Cuini [0071] Said reinforcement insert (4) can be made of any suitable material, preferably carbon or leather, reinforced cardboard, plastics, or of a thin metal plate.
Cuini [0072] More precisely, said reinforcement insert (4) is disposed between the sole (1) and the intermediate sole (3) and said intermediate sole (3) is advantageously provided,... which gives adequate rigidity to the intermediate sole (3).
Cuini [0006] The purpose of arch supports is to customize the internal configuration of a standard shoe.
Cuini [0009] arch supports must be designed by professionals, also through a dynamic analysis used to detect the movement of the foot during walking and a study of the load distribution.)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Internet of Things (IoT) embedded footwear of Tran to incorporate the customized plate of Cuini that “comprises a reinforcement insert (4) shaped as a plate” (Cuini [0070]). The modification would have been obvious, because it is merely applying a known technique (i.e. customized plate) to a known concept (i.e. Internet of Things (IoT) embedded footwear) ready for improvement to yield predictable result (i.e. “In order to personalize the shoe.” Cuini [0094])
Claims 7-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Tran (“NON-FUNGIBLE TOKEN (NFT)”, U.S. Publication Number: 20220040557 A1), in view of Rahimizad (“DIGITAL FINGERPRINTING”, U.S. Publication Number: 20210174377 A1),in view of Arayama (“METHOD OF FABRICATING LAST”, U.S. Publication Number: 20190152149 A1).
Regarding Claim 7,
Tran teaches,
method of manufacturing a physical article of footwear … using non-fungible tokens to prevent counterfeiting, the method comprising:
(Tran [0212] The system enables the physical goods and materials to be identified and linked with their digital representation on the blockchain (e.g., serial numbers, bar codes, digital tags like RFID and NFC, genetic tags)
Tran [0120] Blockchain token ownership is immediately transferred to a new owner after authentication and verification
Tran [0306] product may combine other anti-counterfeiting measures with the first code
Tran [0112] footwear can be custom produced at the request of a customer, who can specify the nature of the customization for one or more pairs of ... footwear
Tran [Title] Non-fungible token (nft))
receiving, by a processor of a computing device, order data corresponding to an attribute of a digital article of footwear,
(Tran [0200] generating market orders)
recording, by the processor, the order data to a blockchain network with a digital asset that is cryptographically secured by a non-fungible token of the digital article of footwear;
(Tran [0200] The system generates and/or modifies a cryptographic currency wallet ... for facilitating market transactions, securely storing Blockchain tokens...generating market orders
Tran [Title] Non-fungible token (nft)
Tran [0205] based on previously recorded ownership entries for that Blockchain token and the first valid transaction or order is accepted
Tran [0210] the Blockchain token 309 (i.e., a stock ID 328 and its position 326), past ownership information 331 (if any), and optional other information 310 (e.g., a market order type to indicate whether the transaction is to buy or sell a Blockchain token 329).)
generating a 3D model … located based on the order data;
(Tran [0112] where component design can be integrated with computer-aided design (CAD) and computer-aided manufacturing (CAM) programs.
Tran [0114] generates triangulated surfaces for export to additive manufacturing (AM) processes. Implementing a process that coverts a CAD object into an image, known as voxelisation, the company uses an image-based method which allows designers to generate implicitly defined periodic lattice structures)
recording, by the processor, checkpoints to the blockchain network, wherein the checkpoints include fulfillment, shipping, and manufacturing transactions;
(Tran [0217] the tag can be associated with a product 3 as it moves through production and shipping processes.
Tran [0222] including geolocation with a blockchain entry. This is done for each stage of manufacturing and also for each shipping transit points until the retailer point. Upon purchase, the buyer can inspect the chain of manufacturing and shipping logistics to verify authenticity.)
generating, by the processor, a supply chain report for the non-fungible token, wherein the supply chain report includes the checkpoints, the address of the digital article of footwear, the non- fungible token comprising metadata corresponding
(Tran [0223] every transaction along a supply chain on the blockchain is fully auditable... display information to customers in a real-time manner
Tran [0224] enables actors on the supply chain to carry and prove the defining attributes of their material products to any actor further along the chain.
Tran [0124] A smart contract can have the following fields: object of agreement, first party blockchain address, second party blockchain address, essential content of contract, signature slots and blockchain ID associated with the contract.
Tran [0998] metadata layers)
and recording, by the processor, the supply chain report on a public blockchain
(Tran [0223] every transaction along a supply chain on the blockchain is fully auditable... display information to customers in a real-time manner
Tran [0149] a blockchain public key)
wherein the processor transfers the supply chain report to a user to indicate authenticity of a physical article of footwear, wherein the physical article of footwear includes an identification tag that provides access to a digital asset that is cryptographically secured by the non-fungible token
(Tran [0223] every transaction along a supply chain on the blockchain is fully auditable... display information to customers in a real-time manner
Tran [0224] enables actors on the supply chain to carry and prove the defining attributes of their material products to any actor further along the chain.
Tran [0124] A smart contract can have the following fields: object of agreement, first party blockchain address, second party blockchain address, essential content of contract, signature slots and blockchain ID associated with the contract.)
Tran does not teach having a plate; wherein the order data contains an attribute selected by a user; of the plate with reinforcement elements; assembling the plate within the physical article of footwear that includes the reinforcement elements within the plate and the attribute of the digital article of footwear; to the reinforcement elements within the plate and the attribute of the digital article of footwear, and a date of manufacture of the physical article of footwear;
Rahimizad teaches,
having a plate; of the plate with reinforcement elements; assembling the plate within the physical article of footwear that includes the reinforcement elements within the plate and the attribute of the digital article of footwear; reinforcement elements within the plate
(Rahimizad [0051] Sole structure 14 is rigidly secured to the upper ... between the upper 12 and a support surface upon which a user would stand...air-filled bladders, plates, lasting elements)
the attribute of the digital article of footwear, and a date of manufacture of the physical article of footwear;
(Rahimizad [0081] The encoding parameters include, but are not limited to, manufacturing date )
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Internet of Things (IoT) embedded footwear of Tran to incorporate the non-fungible token (NFT) tracked footwear plates of Rahimizad. Whereas Tran teaches embedding an IoT device within custom footwear, the reference does not describe the specifics of the footwear. Rahimizad teaches the structural details of an article of footwear, wherein the attributes of the footwear are included in an NFT. The modification would have been obvious, because it is merely applying a known technique (i.e. non-fungible token (NFT) tracked footwear plates) to a known concept (i.e. Things (IoT) embedded footwear) ready for improvement to yield predictable result (i.e. “anti-counterfeiting techniques to track each individual apparel and shoes, such as collectible shoes, with minimal hardware. These anti-counterfeiting techniques are used to manufacture and authenticate unique articles of clothing, such as apparel and shoes, thereby prevent the sales of counterfeit goods.” Rahimizad [0005])
Rahimizad does not teach wherein the order data contains an attribute selected by a user;
Arayama teaches,
wherein the order data contains an attribute selected by a user;
(Arayama [0140] custom-made shoes, shoes made to fit to the feet of customers can be manufactured ...shoes made to fit to the feet of the customers are manufactured
Arayama [0003] fabricating a last according to the shape of a foot using data obtained by measuring the three-dimensional shape of the foot has been proposed in order to manufacture a shoe fitted to the foot)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Internet of Things (IoT) embedded footwear of Tran to incorporate the user foot measurements of Arayama “fabricating a last according to the shape of a foot using data obtained by measuring the three-dimensional shape of the foot.” (Arayama [0003]). The modification would have been obvious, because it is merely applying a known technique (i.e. user foot measurements) to a known concept (i.e. Internet of Things (IoT) embedded footwear) ready for improvement to yield predictable result (i.e. “in order to manufacture a shoe fitted to the foot.” Arayama [0003])
Regarding Claim 8,
Tran, Rahimizad, and Arayama teach the counterfeit prevention of Claim 7 as described earlier.
Tran teaches,
wherein the digital asset is configured to be transferrable to a third party.
(Tran [0120] Blockchain token ownership is immediately transferred to a new owner
Tran [0149] of a party transferring value)
Regarding Claim 9,
Tran, Rahimizad, and Arayama teach the counterfeit prevention of Claim 7 as described earlier.
Tran does not teach wherein the attribute includes at least one of a footwear color, a footwear size, a plate design, a signature, or a date of purchase.
Arayama teaches,
wherein the attribute includes at least one of a footwear color, a footwear size, a plate design, a signature, or a date of purchase.
(Arayama [0072] For example, an identifier (for example, a commodity code of shoes) and shoe information (the use, the kind of design, the size, the color, the materials, the three-dimensional shape, the standard shape of a last, and the image figure of each shoe) are stored)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the non-fungible tokens of Tran to incorporate the user foot measurements of Arayama “fabricating a last according to the shape of a foot using data obtained by measuring the three-dimensional shape of the foot.” (Arayama [0003]). The modification would have been obvious, because it is merely applying a known technique (i.e. user foot measurements ) to a known concept (i.e. non-fungible tokens) ready for improvement to yield predictable result (i.e. “in order to manufacture a shoe fitted to the foot.” Arayama [0003])
Regarding Claim 10,
Tran, Rahimizad, and Arayama teach the counterfeit prevention of Claim 7 as described earlier.
Tran does not teach wherein the non-fungible token is a single token.
Rahimizad teaches,
wherein the non-fungible token is a single token.
(Rahimizad [0060] The NFT may be uniquely created to represent the user's physical shoe on the distributed block chain ledger....the NFT may be an authentication mechanism with the shoe itself serving as cold storage for its own authenticity validating key.)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Internet of Things (IoT) embedded footwear of Tran to incorporate the non-fungible token (NFT) tracked footwear plates of Rahimizad. Whereas Tran teaches embedding an IoT device within custom footwear, the reference does not describe the specifics of the footwear. Rahimizad teaches the structural details of an article of footwear, wherein the attributes of the footwear are included in an NFT. The modification would have been obvious, because it is merely applying a known technique (i.e. non-fungible token (NFT) tracked footwear plates) to a known concept (i.e. Things (IoT) embedded footwear) ready for improvement to yield predictable result (i.e. “anti-counterfeiting techniques to track each individual apparel and shoes, such as collectible shoes, with minimal hardware. These anti-counterfeiting techniques are used to manufacture and authenticate unique articles of clothing, such as apparel and shoes, thereby prevent the sales of counterfeit goods.” Rahimizad [0005])
Regarding Claim 12,
Tran, Rahimizad, and Arayama teach the counterfeit prevention of Claim 7 as described earlier.
Tran teaches,
wherein the blockchain network is a private blockchain network.
(Tran [0126] Blockchains can be public (such as the Bitcoin blockchain or the Ethereum blockchain)—these are effectively permissionless, or they can be private (where access is restricted to a selected group of users).)
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tran (“NON-FUNGIBLE TOKEN (NFT)”, U.S. Publication Number: 20220040557 A1), in view of Rahimizad (“DIGITAL FINGERPRINTING”, U.S. Publication Number: 20210174377A1),in view of Arayama (“METHOD OF FABRICATING LAST”, U.S. Publication Number: 20190152149 A1),in view of Cella (“MARKET ORCHESTRATION SYSTEM FOR FACILITATING ELECTRONIC MARKETPLACE TRANSACTIONS”, U.S. Publication Number: 20220366494 A1).
Regarding Claim 11,
Tran, Rahimizad, and Arayama teach the counterfeit prevention of Claim 7 as described earlier.
Tran does not teach wherein the non-fungible token is a collection of non- fungible tokens associated with a plurality of digital assets created, in part, using a permutation generator.
Cella teaches,
wherein the non-fungible token is a collection of non- fungible tokens associated with a plurality of digital assets created, in part, using a permutation generator.
(Cella [0251] actions or services in conjunction with the initial services may associate the initial service with aspects of blockchains. For example, a random number may be periodically generated and stored in memory; the random numbers may initially not be generated for blockchain purposes but may be utilized for blockchains.)
It is prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the non-fungible tokens of Tran to incorporate the anti-counterfeit NFT solutions teachings of Cella where a “Non-fungible token or NFT represents a digital knowledge asset that is unique, or one-of-a-kind and has at least a unique identifier...to signify an ownership of the asset.” (Cella [1016]). The modification would have been obvious, because it is merely applying a known technique (i.e. anti-counterfeit NFT solutions) to a known concept (i.e. non-fungible tokens) ready for improvement to yield predictable result (i.e. “a historically trackable digital asset, thereby creating a fungible record of tokenized knowledge.” Cella [1014])
Response to Remarks
Applicant's arguments filed on February 24, 2026, have been fully considered and Examiner’s remarks to Applicant’s amendments follow.
Response to Remarks on No Longer Claim Rejections - 35 USC § 101
Applicant’s earlier arguments, with respect to the rejection of claims under 35 USC § 101 were persuasive.
Independent Claims 1 and 7 are directed to manufacturing physical footwear and tangible components (i.e., plates) while Independent Claim 22 is directed to physical footwear itself.
Independent Claims 1, 7, and 22 possess an additional element (non-fungible token on a blockchain) while Independent Claims 1 and 7 further explain the purpose of the additional element to enhance security (i.e., reduce counterfeiting).
Independent Claims 1, 7, and 22: Step 2A-Prong 1: NO. The claims are not directed to an abstract idea.
Independent Claims 1 and 7: Step 2A-Prong 2: YES. The additional claimed elements are integrated into a practical application
Independent Claims 1 and 7: Step 2B: YES. The claims provide significantly more.
Independent Claims 1 and 7: MPEP 2106.05(a) - Improvements to the functioning of...other technology or technical field: Enhanced security
Therefore, the rejection remains withdrawn.
Response Remarks on Claim Rejections - 35 USC § 112
Applicant's amendments rectify the previous rejections under 35 USC § 112.
Claim 22 no longer appears to possess product-by-process aspects. The limitation is tethered to the product and provides structural limitations of the claimed article of footwear.
The rejection under 35 USC § 112 is lifted.
Response Remarks on Claim Rejections - 35 USC § 103
Applicant's amendments required the application of new/additional prior art.
New prior art includes:
Cuini (“SHOE”, U.S. Publication Number: 20160324256 A1).
Applicant’s remarks regarding the rejection made under 35 USC § 103 are rendered moot by the introduction of new prior art.
The Applicant states:
“The Office relies on … Tran to teach the user interface of the device displays the cryptographically secured digital asset … Not only does this compilation represent hindsight bias, but none of these paragraphs teach or even suggest a user interface of a device that displays the cryptographically secured digital asset."
Examiner responds:
Both Tran and Rahimizad each teach, “displays the cryptographically secured digital asset”:
Tran [0150] such as Secure Hash Algorithm 256 (SHA-256) or scrypt
Tran [0214] smartphone applications can aggregate and display information to customers in a real-time manner
Tran [0223] By inspecting the blockchain, smartphone applications can aggregate and display information to customers in a real-time manner; furthermore, due to the strong integrity properties of the blockchain, this information can be genuinely trusted.
Rahimizad [0085] the interface device 39 may display the product attributes after accessing the database (e.g., the token, database entry, or blockchain ledger entry).
Rahimizad [0091] to display a message, indicating that the article of clothing 9 is authentic.
Rahimizad [0054] the identifier may comprise an encrypted code that, if run through an appropriate decryption algorithm, may validate the authenticity of the article.
One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In reMerck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Where a rejection of a claim is based on two or more references, a reply that is limited to what a subset of the applied references teaches or fails to teach, or that fails to address the combined teaching of the applied references may be considered to be an argument that attacks the reference(s) individually. Where an applicant’s reply establishes that each of the applied references fails to teach a limitation and addresses the combined teachings and/or suggestions of the applied prior art, the reply as a whole does not attack the references individually as the phrase is used in Keller and reliance on Keller would not be appropriate. This is because "[T]he test for obviousness is what the combined teachings of the references would have suggested to [a PHOSITA]." In re Mouttet, 686 F.3d 1322, 1333, 103 USPQ2d 1219, 1226 (Fed. Cir. 2012).
Therefore, the rejection under 35 USC § 103 remains.
Prior Art Cited But Not Applied
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Spivack (“VALIDATION OF AUTHENTICITY OF ASSOCIATION OF A PHYSICAL ENTITY WITH A NON-FUNGIBLE TOKEN AND CREATION OF THE NON-FUNGIBLE TOKEN HAVING A VERIFIABLE ASSOCIATION WITH THE PHYSICAL ENTITY”, U.S. Publication Number: 20220366061 A1) proposes techniques to validate authenticity of association of a physical entity with a non-fungible token and/or to create the non-fungible token having a verifiable association with the physical entity are disclosed. In one aspect, embodiments of the present disclosure include a method which can be implemented on a system to verify that a given physical object associated a non-fungible token on a distributed ledger network is an authentic physical object. In one embodiment, the method includes retrieving authentication metadata for a security device generated from initiating authentication of the security device associated with the given physical object. It can be determined whether the authentication metadata for the security device includes an identifier of the non-fungible token.
Haldenby (“SECURE REAL-TIME PRODUCT OWNERSHIP TRACKING USING DISTRIBUTED ELECTRONIC LEDGERS”, U.S. Publication Number: 20170046806 A1) proposes a signal representing data including event information detailing an event involving an entity having a registered ownership interest in a product and loads a portion of a distributed electronic ledger for tracking ownership information associated with the product. The distributed electronic ledger includes, within a block thereof and associated with the product, an event trigger list including entity data associated with each entity having a registered ownership interest in the product and a rules engine including rules associated with event triggers in the event trigger list. The processor determines whether a triggering event corresponding to the event is stored in the event trigger list and, when the event has a corresponding triggering event, determines the associated rule within the rules engine. The processor updates and saves the distributed electronic ledger by performing an action specified by the determined associated rule.
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 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINEDU EKECHUKWU whose telephone number is (571)272-4493. The examiner can normally be reached on Mon-Fri 9 AM ET to 3:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Tran, can be reached on (571) 272-8103. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.E./Examiner, Art Unit 3695
/CHRISTINE M Tran/Supervisory Patent Examiner, Art Unit 3695