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 action is in reply to the communications filed on 4/28/2023.
Claims 1-21 are currently pending and have been examined.
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 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories. All the claims are directed to one of the four statutory categories (YES).
Under Step 2A of the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG), it is determined whether the claims are directed to a judicially recognized exception. Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception (YES). Taking Claim 16 as representative, the claim recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
A method comprising:
providing an offer to first users comprising: specifying an offered benefit, transmitting to each of the first users the offer comprising an indication of specified data to access in return for the offered benefit;
providing a first set of data stored in an electronically accessible form and stored in association with a first user;
receiving by the first user an offer to provide access to specified data within the first set of data to a third-party in return for the offered benefit;
accepting by the first user the offer; and
in response to accepting by the first user the offer, permitting the third-party access to the specified data..
Certain methods of organizing human activity include:
fundamental economic principles or practices (including hedging, insurance, and mitigating risk)
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; and business relations)
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
The limitations as emphasized, are a process that, under its broadest reasonable interpretation, covers a commercial interaction. That is, other than reciting that a user interface is generated from the list and products are displayed on the user interface, nothing in the claim element precludes the step from practically being performed by people. For example, but for the “generating a user interface from the second list” and “on the user interface” language, “receiving” and “show” in the context of this claim encompasses advertising, and marketing or sales activities.
If a claim limitation, under its broadest reasonable interpretation, covers a commercial interaction but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Under Prong 2, it is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. This judicial exception is not integrated into a practical application (NO).
The claim recites additional elements beyond the judicial exception(s), including:
A method comprising:
providing an offer to first users comprising: specifying an offered benefit, transmitting to each of the first users the offer comprising an indication of specified data to access in return for the offered benefit;
providing a first set of data stored in an electronically accessible form and stored in association with a first user;
receiving by the first user an offer to provide access to specified data within the first set of data to a third-party in return for the offered benefit;
accepting by the first user the offer; and
in response to accepting by the first user the offer, permitting the third-party access to the specified data..
These limitations (deemphasized) are not indicative of integration into a practical application because:
The additional elements of claim 1 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea.) Specifically, the additional element of an application or computer based browser on advanced communication devices is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of connecting to a platform on a network) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. Further, the additional elements to no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). For example, the additional element, only generally links the commercial interactions and management of relationships or interactions between people to a computer environment. Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application.
Additionally, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to i) reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, ii) apply the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, iii) effect a transformation or reduction of a particular article to a different state or thing, or iv) apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, the judicial exception is not integrated into a practical application.
Under Step 2B, it is determined whether the claims recite additional elements that amount to significantly more than the judicial exception. The claims of the present application do not include additional elements that are sufficient to amount to significantly more than the judicial exception (NO).
In the case of claim 16, taken individually or as a whole, the additional elements of claim 9 do not provide an inventive concept. As discussed above under step 2A (prong 2) with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed functions amount to no more than a general link to a technological environment.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Therefore, claim 9 does not provide an inventive concept and does not qualify as eligible subject matter.
Claim 1 is a method reciting similar functions as claim 1, and does not qualify as eligible subject matter for similar reasons.
Claim 12 is a method reciting similar functions as claim 1, and does not qualify as eligible subject matter for similar reasons.
Claim 17 is a method reciting similar functions as claim 1, and does not qualify as eligible subject matter for similar reasons.
Claims 2-11, 13-16, 18-21 are dependencies of claims 1, 12, and 17. The dependent claims do not add “significantly more” to the abstract idea. They recite additional functions that describe the abstract idea and only generally link the abstract idea to a particular technological environment.
Accordingly, the Examiner concludes that there are no meaningful limitations in the claim that transform the judicial exception into a patent eligible application such that the claim amounts to significantly more than the judicial exception itself. The analysis above applies to all statutory categories of invention.
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 of this title, 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.
Claims 1-4, 6-7, 9-21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. 2021/0192652 A1 to Blaikie, III in view of U.S. Patent No. 10832299 B1 to Clauss.
Regarding Claim 1, BLAIKIE, III discloses a method comprising:
providing a first set of data stored in an electronically accessible form and stored in association with a first user; ([0067] The cloud system 114 may aggregate, manage, analyze, and process data 126 and tokens across the Internet and any number of networks, sources 131, and third-party resources 130. [0083] each new user with data received by the data platform 120 is assigned a token or other secure identifier. In one embodiment, the digital tokens may be managed utilizing a key that allows the user or controlling party to access the ledger. In one example, the tokens may be controlled by the user or control may be reassigned.)
receiving by the first user an offer from a first offeror to provide access to specified data within the first set of data to a third-party in return for an offered benefit; ([0120] The purchasers, renters, or accessors of the tokens/and associated data may offer users micro fractions of a tokens market value in exchange for access to the data.)
accepting by the first user the offer; and ([0033] curate or collect data in real-time from users based on an opt-in system with clear communication, approval, compensation, and renumeration guidelines. [0035] By opting into the program, the user is providing their profile and improving the profile to match their actual daily living and purchases of products and services. As a result, the illustrative embodiments put the user in full control of available legal actions and recourse that may be presented. The user benefits as do the third parties that are using the more accurate data to remedy, correct, compensate, or litigate an issue. [0149] a selection made by the user to opt-in to targeted advertisements that benefit the user's interests rather than random advertisements. For example, the selection may involve the acceptance of financial or legal language utilizing a graphical user interface presented utilizing a web interface, mobile application, or so forth.)
in response to accepting by the first user permitting the third-party access to the specified data.. ([0083] provide a system 100, cloud system 114, and data platform 120 for using user data, specifically stocks, equities, ownership, holdings, and interests, to generate selective or targeted advertising. The illustrative embodiments are performed based on the user's request, authorization, or approval to apply with all applicable laws. [0086] Various data and venue owners that access the data platform 120 may legally extract and tokenize the data 128, transactions 128, and legal actions 129 for use in the exchange provided by the system 100 by identifying and tracking data utilizing automatic data extraction tools.)
But does not explicitly disclose specified data within the first set of data. BLAIKIE, III does disclose ([0149] The selection may be to receive targeted advertisements rather than generic advertisements or advertisements that are not associated with the user's data and interests. In one embodiment, a profile associated with the platform may specify the companies, organizations, entities, or other groups that the user would like to support. The user's profile may also include any number of settings, configurations, parameters, selections, releases, authorizations, verification requirements, or other information and data that controls how the user's data is utilized in accordance with the illustrative embodiments)
CLAUSS, on the other hand, teaches specified data within the first set of data. ([Col 20 Ln 20-30] Receiving the offer terms may include (1) receiving, from a plurality of consumers of personal data, a plurality of bids to purchase the stream of personal data; (2) sending, to the owner of the personal data, the plurality of bids; and/or (3) receiving, from the owner of the personal data, an indication of a set of winning bids of the plurality of bids, the set of winning bids corresponding to the offer terms)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by BLAIKIE, III, the features, as taught by CLAUSS, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify BLAIKIE, III, to include the teachings of CLAUSS, in order to share personal data (CLAUSS, [Col 1 Ln 20-25]).
Regarding Claim 2, BLAIKIE, III in view of CLAUSS teaches the method of claim 1.
BLAIKIE, III discloses wherein the first set of data is stored within a blockchain, data within the first set of data secured with a user private key associated with the first user.. ([0078] The cloud system 114 may manage block chain management of the data 126 utilizing block chain technologies, such as tokens, digital ledgers, hash keys, instructions, and so forth. [0022] User data associated with purchases of goods or services may be tokenized as part of a blockchain storage/ledger. In addition, self-identified data may also be stored as part of a user data profile.)
Regarding Claim 3, BLAIKIE, III in view of CLAUSS teaches the method of claim 1.
BLAIKIE, III discloses wherein the first set of data is stored within the cloud, data within the first set of data secured with a user private key associated with the first user. ([0078] The cloud system 114 may manage block chain management of the data 126 utilizing block chain technologies, such as tokens, digital ledgers, hash keys, instructions, and so forth. [0022] User data associated with purchases of goods or services may be tokenized as part of a blockchain storage/ledger. In addition, self-identified data may also be stored as part of a user data profile.)
Regarding Claim 4, BLAIKIE, III in view of CLAUSS teaches the method of claim 1.
BLAIKIE, III discloses providing to the first user the offered benefit. ([0120] The system may ensure that users receive optimal compensation and monetization of their data while providing benefits to authorized users (e.g., government groups, law firms, companies, etc.). User may be paid in hard currency (e.g., American Dollars, British Pounds, Mexican Pesos, etc.), digital currency, discounts, services, rebates, or so forth.)
Regarding Claim 6, BLAIKIE, III in view of CLAUSS teaches the method of claim 4.
BLAIKIE, III discloses wherein the offered benefit is a monetary benefit. ([0120] The system may ensure that users receive optimal compensation and monetization of their data while providing benefits to authorized users (e.g., government groups, law firms, companies, etc.). User may be paid in hard currency (e.g., American Dollars, British Pounds, Mexican Pesos, etc.), digital currency, discounts, services, rebates, or so forth.)
Regarding Claim 7, BLAIKIE, III in view of CLAUSS teaches the method of claim 3.
BLAIKIE, III discloses wherein upon accepting the offered benefit, a system of the first user retrieves first data secured with a private key associated with the first user and provides second data to the third-party. ([0083] The blockchain may utilized one or more distinct ledgers for different entities, services providers, types of data, users, or so forth. For example, each new user with data received by the data platform 120 is assigned a token or other secure identifier. In one embodiment, the digital tokens may be managed utilizing a key that allows the user or controlling party to access the ledger. In one example, the tokens may be controlled by the user or control may be reassigned. [0032] tokens may be created that track the data. The tokens may include information or metadata regarding the data and may point to a location where the data is stored. The token may be utilized to provide a key, identifier, pointer, indicator, or link required to securely access the data. The indicator included in the token may also include a data license code. As a result, the tokens may be created, communicated, searched, and otherwise monetized through a block chain system. The tokens may include a pointer that securely points to the data being securely tracked whether for a single user, organization, company, or multiple users. In another embodiment, the tokens may include the data that is being monetized or otherwise exchanged.)
Regarding Claim 9, BLAIKIE, III in view of CLAUSS teaches the method of claim 1.
BLAIKIE, III discloses processing the offer by at least one of a broker and a system of the first user to determine if the offer is applicable to the first user; and when the offer is determined to apply to the first user providing the offer to the first user for review.. ([0053] In another embodiment, a trading exchange, platform, brokerage, depository trust, trade clearing corporation, trading custody, transfer agent or other securities-based or holdings-based data provider provides data for the platform that is then tokenized and represented within virtual reality and made available in digital form. The data represented in a tokenized form may then then accessed by lawyers, brokers or intermediaries who utilize the platform to purchase, lease, or rent the data for the purpose of identifying who owned a stock, security or company during a given time period and how much of the security was owned (when offer is applicable). The token when purchased provides access to the data and the class or security tort action members who may be contacted for participation in the class.)
Regarding Claim 10, BLAIKIE, III in view of CLAUSS teaches the method of claim 1.
BLAIKIE, III discloses Automatically processing the offer by at least one of a broker and a system of the first user to determine if the offer is an offer that is acceptable to the first user; and when the offer is determined to be acceptable to the first user automatically accepting the offer. ([0076] The user interface 105 may display current and historical data as well as trends and projections. The user interface 105 may be utilized to set the user preferences, parameters, and configurations of the devices 101 as well as upload and manage the data, content, and implementation preferences sent to the cloud system 114. [0116] The data profile may also include user preferences, settings, parameters, and other applicable information that control what, when, and how data may be collected, shared, monetized, and otherwise utilized. [0123] The platform may also receive instructions from the user specifying how their data may be used. The user may specify how, when, and where their data elements, compiled data sets, and data profile may be utilized. For example, the granular level of authorization may include individual applications, companies, organizations, entities, and others that may access the data.)
Regarding Claim 11, BLAIKIE, III in view of CLAUSS teaches the method of claim 7.
BLAIKIE, III discloses wherein the second data is verifiable against the secured first data to determine its accuracy. ([0125] During any of the processes, data (unstructured or structured) may be created, added, confirmed, modified, authorized, and verified. At any time, different data objects may be added. [0130] Artificial intelligence may be utilized to verify the data is current and complete.)
Regarding Claim 12, BLAIKIE, III discloses a method comprising:
providing an offer to first users comprising: specifying an offered benefit, transmitting to each of the first users the offer comprising an indication of data to access in return for the offered benefit. ([0120] The purchasers, renters, or accessors of the tokens/and associated data may offer users micro fractions of a tokens market value in exchange for access to the data. [0083] provide a system 100, cloud system 114, and data platform 120 for using user data, specifically stocks, equities, ownership, holdings, and interests, to generate selective or targeted advertising. The illustrative embodiments are performed based on the user's request, authorization, or approval to apply with all applicable laws. [0086] Various data and venue owners that access the data platform 120 may legally extract and tokenize the data 128, transactions 128, and legal actions 129 for use in the exchange provided by the system 100 by identifying and tracking data utilizing automatic data extraction tools.)
But does not explicitly disclose specified data. BLAIKIE, III does disclose ([0149] The selection may be to receive targeted advertisements rather than generic advertisements or advertisements that are not associated with the user's data and interests. In one embodiment, a profile associated with the platform may specify the companies, organizations, entities, or other groups that the user would like to support. The user's profile may also include any number of settings, configurations, parameters, selections, releases, authorizations, verification requirements, or other information and data that controls how the user's data is utilized in accordance with the illustrative embodiments)
CLAUSS, on the other hand, teaches specified data within the first set of data. ([Col 20 Ln 20-30] Receiving the offer terms may include (1) receiving, from a plurality of consumers of personal data, a plurality of bids to purchase the stream of personal data; (2) sending, to the owner of the personal data, the plurality of bids; and/or (3) receiving, from the owner of the personal data, an indication of a set of winning bids of the plurality of bids, the set of winning bids corresponding to the offer terms)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by BLAIKIE, III, the features, as taught by CLAUSS, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify BLAIKIE, III, to include the teachings of CLAUSS, in order to share personal data (CLAUSS, [Col 1 Ln 20-25]).
Regarding Claim 13, BLAIKIE, III in view of CLAUSS teaches the method of claim 12.
BLAIKIE, III discloses wherein providing an offer comprises specifying characteristics of each first user for receiving the offer and filtering users based on the characteristics to determine the first users, each of the first users for receiving the offer. ([0107-0108] During step 404 numerous potential plaintiffs, claimants, defendants, injured parties, relevant parties, or others are searched for and identified. Next, the platform determines whether the user is associated with the legal action (step 406). If the user is not associated with the legal action, the platform returns to search the secure records for users associated with the legal action utilizing the information (step 404). The platform may determine whether the user's purchases, actions, or other activities are associated with the legal action (specified characteristics). For example, the secure purchase records of the user may be recorded. The users may be identified securely so that the identification and privacy of the users is maintained. For example, the user may be identified utilizing a numeric code, pseudonym, key, or other information that prevents relevant user information from being retrieved by hackers, criminals, opposing parties/counsel, or other parties. [0109] Next, the platform notifies the user of the legal action to present one or more legal options (step 408). (offer))
Regarding Claim 14, BLAIKIE, III in view of CLAUSS teaches the method of claim 12.
BLAIKIE, III discloses wherein providing an offer comprises specifying characteristics of each first user for receiving the offer and characteristics of the first users as a group and filtering users in accordance with the characteristics to determine the first users, each of the first users for receiving the offer. ([0107-0108] During step 404 numerous potential plaintiffs, claimants, defendants, injured parties, relevant parties, (groups) or others are searched for and identified. Next, the platform determines whether the user is associated with the legal action (step 406). If the user is not associated with the legal action, the platform returns to search the secure records for users associated with the legal action utilizing the information (step 404). (filtering) The platform may determine whether the user's purchases, actions, or other activities are associated with the legal action (specified characteristics). For example, the secure purchase records of the user may be recorded. The users may be identified securely so that the identification and privacy of the users is maintained. For example, the user may be identified utilizing a numeric code, pseudonym, key, or other information that prevents relevant user information from being retrieved by hackers, criminals, opposing parties/counsel, or other parties. [0109] Next, the platform notifies the user of the legal action to present one or more legal options (step 408). (offer))
Regarding Claim 15, BLAIKIE, III in view of CLAUSS teaches the method of claim 12.
BLAIKIE, III discloses wherein providing an offer comprises specifying characteristics of each first user for receiving the offer and characteristics of the first users as a group; providing the offer with the specified characteristic to a plurality of users including the first users; and filtering by users who receive the offer and in accordance with the characteristics to determine if a given user who receives the offer is one of the first users. ([0107-0108] During step 404 numerous potential plaintiffs, claimants, defendants, injured parties, relevant parties, (groups) or others are searched for and identified. Next, the platform determines whether the user is associated with the legal action (step 406). If the user is not associated with the legal action, the platform returns to search the secure records for users associated with the legal action utilizing the information (step 404). (filtering) The platform may determine whether the user's purchases, actions, or other activities are associated with the legal action (specified characteristics). For example, the secure purchase records of the user may be recorded. The users may be identified securely so that the identification and privacy of the users is maintained. For example, the user may be identified utilizing a numeric code, pseudonym, key, or other information that prevents relevant user information from being retrieved by hackers, criminals, opposing parties/counsel, or other parties. [0109] Next, the platform notifies the user of the legal action to present one or more legal options (step 408). (offer))
Regarding Claim 16, BLAIKIE, III discloses a method comprising:
providing an offer to first users comprising: specifying an offered benefit, transmitting to each of the first users the offer comprising an indication of data to access in return for the offered benefit; ([0120] The purchasers, renters, or accessors of the tokens/and associated data may offer users micro fractions of a tokens market value in exchange for access to the data. [0083] provide a system 100, cloud system 114, and data platform 120 for using user data, specifically stocks, equities, ownership, holdings, and interests, to generate selective or targeted advertising. The illustrative embodiments are performed based on the user's request, authorization, or approval to apply with all applicable laws. [0086] Various data and venue owners that access the data platform 120 may legally extract and tokenize the data 128, transactions 128, and legal actions 129 for use in the exchange provided by the system 100 by identifying and tracking data utilizing automatic data extraction tools.)
providing a first set of data stored in an electronically accessible form and stored in association with a first user; ([0067] The cloud system 114 may aggregate, manage, analyze, and process data 126 and tokens across the Internet and any number of networks, sources 131, and third-party resources 130. [0083] each new user with data received by the data platform 120 is assigned a token or other secure identifier. In one embodiment, the digital tokens may be managed utilizing a key that allows the user or controlling party to access the ledger. In one example, the tokens may be controlled by the user or control may be reassigned.)
receiving by the first user an offer to provide access to specified data within the first set of data to a third-party in return for the offered benefit; ([0120] The purchasers, renters, or accessors of the tokens/and associated data may offer users micro fractions of a tokens market value in exchange for access to the data.)
accepting by the first user the offer; and ([0033] curate or collect data in real-time from users based on an opt-in system with clear communication, approval, compensation, and renumeration guidelines. [0035] By opting into the program, the user is providing their profile and improving the profile to match their actual daily living and purchases of products and services. As a result, the illustrative embodiments put the user in full control of available legal actions and recourse that may be presented. The user benefits as do the third parties that are using the more accurate data to remedy, correct, compensate, or litigate an issue. [0149] a selection made by the user to opt-in to targeted advertisements that benefit the user's interests rather than random advertisements. For example, the selection may involve the acceptance of financial or legal language utilizing a graphical user interface presented utilizing a web interface, mobile application, or so forth.)
in response to accepting by the first user the offer, permitting the third-party access to the specified data. ([0083] provide a system 100, cloud system 114, and data platform 120 for using user data, specifically stocks, equities, ownership, holdings, and interests, to generate selective or targeted advertising. The illustrative embodiments are performed based on the user's request, authorization, or approval to apply with all applicable laws. [0086] Various data and venue owners that access the data platform 120 may legally extract and tokenize the data 128, transactions 128, and legal actions 129 for use in the exchange provided by the system 100 by identifying and tracking data utilizing automatic data extraction tools.)
But does not explicitly disclose specified data; specified data within the first set of data. BLAIKIE, III does disclose ([0149] The selection may be to receive targeted advertisements rather than generic advertisements or advertisements that are not associated with the user's data and interests. In one embodiment, a profile associated with the platform may specify the companies, organizations, entities, or other groups that the user would like to support. The user's profile may also include any number of settings, configurations, parameters, selections, releases, authorizations, verification requirements, or other information and data that controls how the user's data is utilized in accordance with the illustrative embodiments)
CLAUSS, on the other hand, teaches specified data within the first set of data. ([Col 20 Ln 20-30] Receiving the offer terms may include (1) receiving, from a plurality of consumers of personal data, a plurality of bids to purchase the stream of personal data; (2) sending, to the owner of the personal data, the plurality of bids; and/or (3) receiving, from the owner of the personal data, an indication of a set of winning bids of the plurality of bids, the set of winning bids corresponding to the offer terms)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by BLAIKIE, III, the features, as taught by CLAUSS, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify BLAIKIE, III, to include the teachings of CLAUSS, in order to share personal data (CLAUSS, [Col 1 Ln 20-25]).
Regarding Claim 17, BLAIKIE, III discloses a method comprising:
providing a first asset token owned by a first user; ([0067] The cloud system 114 may aggregate, manage, analyze, and process data 126 and tokens across the Internet and any number of networks, sources 131, and third-party resources 130. [0083] each new user with data received by the data platform 120 is assigned a token or other secure identifier. In one embodiment, the digital tokens may be managed utilizing a key that allows the user or controlling party to access the ledger. In one example, the tokens may be controlled by the user or control may be reassigned.)
transmitting to the first user an offer to permit a third-party access to token information associated with the asset token; and ([0120] The purchasers, renters, or accessors of the tokens/and associated data may offer users micro fractions of a tokens market value in exchange for access to the data. [0083] provide a system 100, cloud system 114, and data platform 120 for using user data, specifically stocks, equities, ownership, holdings, and interests, to generate selective or targeted advertising. The illustrative embodiments are performed based on the user's request, authorization, or approval to apply with all applicable laws. [0086] Various data and venue owners that access the data platform 120 may legally extract and tokenize the data 128, transactions 128, and legal actions 129 for use in the exchange provided by the system 100 by identifying and tracking data utilizing automatic data extraction tools.)
accepting by the first user the offer to permit access, ([0033] curate or collect data in real-time from users based on an opt-in system with clear communication, approval, compensation, and renumeration guidelines. [0035] By opting into the program, the user is providing their profile and improving the profile to match their actual daily living and purchases of products and services. As a result, the illustrative embodiments put the user in full control of available legal actions and recourse that may be presented. The user benefits as do the third parties that are using the more accurate data to remedy, correct, compensate, or litigate an issue. [0149] a selection made by the user to opt-in to targeted advertisements that benefit the user's interests rather than random advertisements. For example, the selection may involve the acceptance of financial or legal language utilizing a graphical user interface presented utilizing a web interface, mobile application, or so forth.)
thereby granting to the third-party access to the token information. ([0083] provide a system 100, cloud system 114, and data platform 120 for using user data, specifically stocks, equities, ownership, holdings, and interests, to generate selective or targeted advertising. The illustrative embodiments are performed based on the user's request, authorization, or approval to apply with all applicable laws. [0086] Various data and venue owners that access the data platform 120 may legally extract and tokenize the data 128, transactions 128, and legal actions 129 for use in the exchange provided by the system 100 by identifying and tracking data utilizing automatic data extraction tools.)
But does not explicitly disclose specified data; specified data within the first set of data. BLAIKIE, III does disclose ([0149] The selection may be to receive targeted advertisements rather than generic advertisements or advertisements that are not associated with the user's data and interests. In one embodiment, a profile associated with the platform may specify the companies, organizations, entities, or other groups that the user would like to support. The user's profile may also include any number of settings, configurations, parameters, selections, releases, authorizations, verification requirements, or other information and data that controls how the user's data is utilized in accordance with the illustrative embodiments)
CLAUSS, on the other hand, teaches specified data within the first set of data. ([Col 20 Ln 20-30] Receiving the offer terms may include (1) receiving, from a plurality of consumers of personal data, a plurality of bids to purchase the stream of personal data; (2) sending, to the owner of the personal data, the plurality of bids; and/or (3) receiving, from the owner of the personal data, an indication of a set of winning bids of the plurality of bids, the set of winning bids corresponding to the offer terms)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by BLAIKIE, III, the features, as taught by CLAUSS, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify BLAIKIE, III, to include the teachings of CLAUSS, in order to share personal data (CLAUSS, [Col 1 Ln 20-25]).
Regarding Claim 18, BLAIKIE, III in view of CLAUSS teaches the method of claim 17.
BLAIKIE, III discloses wherein 3rd party access is temporary having a known end date and time. ([0121] The platform may also receive specific user input to confirm that data belongs to the user or originated from the user or their authorized activities. For example, the user may verify that the data element is accurate and resulted from actions, activities, transactions, selections, or data of the user. In another example, the user may determine that the data element was not received utilizing approved methods or processes. As a result, the data element may be deleted or otherwise removed. The data element may not be incorporated into a larger data set or a data profile associated with the user. The user maintains control over their data and how it is captured, managed, monetized, and otherwise utilized by themselves and third parties. [0034] Consumers may receive security tokens in several ways when they sign up to participate in the system/service, when and where they opt in to include their data in the marketplace, and when corporations and/or third parties search or access to their data. For example, the data may be managed within a self-directed and mobile computing environment. The illustrative embodiments allow users to determine how and when their data is shared and searched)
Regarding Claim 19, BLAIKIE, III in view of CLAUSS teaches the method of claim 17.
BLAIKIE, III discloses wherein third-party access is restricted to predetermined data.. ([0121] The platform may also receive specific user input to confirm that data belongs to the user or originated from the user or their authorized activities. For example, the user may verify that the data element is accurate and resulted from actions, activities, transactions, selections, or data of the user. In another example, the user may determine that the data element was not received utilizing approved methods or processes. As a result, the data element may be deleted or otherwise removed. The data element may not be incorporated into a larger data set or a data profile associated with the user. The user maintains control over their data and how it is captured, managed, monetized, and otherwise utilized by themselves and third parties. [0034] Consumers may receive security tokens in several ways when they sign up to participate in the system/service, when and where they opt in to include their data in the marketplace, and when corporations and/or third parties search or access to their data. For example, the data may be managed within a self-directed and mobile computing environment. The illustrative embodiments allow users to determine how and when their data is shared and searched)
Regarding Claim 20, BLAIKIE, III in view of CLAUSS teaches the method of claim 17.
BLAIKIE, III discloses wherein the first user remains anonymous... ([0006] 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, vends the user data to one of a plurality of parties utilizing the one or more tokens, and compensates one or more parties for vending the user data, wherein the data is accessible from the secure location utilizing an indicator included in the one or more tokens. [0025] providing users with a greater level of consumer protection by creating the ability to tokenize their purchase data and providing self-identified data that is received, processed, and securely stored on a blockchain.)
Regarding Claim 21, BLAIKIE, III in view of CLAUSS teaches the method of claim 17.
BLAIKIE, III discloses wherein the 3rd party is a marketplace for offering an item associated with the first asset token for sale.. ([0034] Consumers may receive security tokens in several ways when they sign up to participate in the system/service, when and where they opt in to include their data in the marketplace, and when corporations and/or third parties search or access to their data. For example, the data may be managed within a self-directed and mobile computing environment. The illustrative embodiments allow users to determine how and when their data is shared and searched eliminating guesswork used by law firms, legal groups, companies, and others to search, user data. [0040] Acquiring parties may select a pricing structure for each type of data profile component thereby creating a virtual market for the parties to purchase real time user data. The changing values of the data may be tracked over time for specific user profiles, consumer groups, and data pools based on their value. The use of security tokens tied to user profiles creates a marketable asset that gives greater validity to commercial uses of blockchain technologies and the security token market.)
Claims 5 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. 2021/0192652 A1 to Blaikie, III in view of U.S. Patent No. 10832299 B1 to Clauss in view of U.S. Patent Application No. 2006/0253339 A1 to Singh.
Regarding Claim 5, BLAIKIE, III in view of CLAUSS teaches the method of claim 4.
However the combination of BLAIKIE, III and CLAUSS does not explicitly teach wherein the offered benefit is held in escrow by an electronic system and wherein the electronic system releases the offered benefit when it has access to the specified data.
Singh, on the other hand, teaches wherein the offered benefit is held in escrow by an electronic system and wherein the electronic system releases the offered benefit when it has access to the specified data. ([0003] After the escrow agent takes possession of the goods or consideration (the "escrowed good or consideration") from the escrowing party, the non-escrowing party is notified to deliver his/her goods or consideration to the escrowing party. Once the non-escrowed goods or consideration is successfully delivered to the escrowing party, the escrow agent releases the escrowed goods or consideration to the non-escrowing party. An escrow agent may also take possession of the goods or consideration from each party and will then deliver both the goods and consideration to the proper party.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by BLAIKIE, III and CLAUSS, the features, as taught by Singh, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Singh, in order to deliver goods and consideration to proper parties (Singh, [0003]).
Claims 8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. 2021/0192652 A1 to Blaikie, III in view of U.S. Patent No. 10832299 B1 to Clauss in view of U.S. Patent No. 10861084 B1 to Mayor.
Regarding Claim 8, BLAIKIE, III in view of CLAUSS teaches the method of claim 7.
However the combination of BLAIKIE, III and CLAUSS does not explicitly teach wherein the second data is watermarked for supporting identifying of the second data by the first user.
Mayor, on the other hand, teaches wherein the second data is watermarked for supporting identifying of the second data by the first user.. ([Col 9 Ln 1-12] In various further embodiments, the one or more search keys are generated based on patterns in the image data, such as pixel shape patterns relating to a physical object's shape, pixel color patterns relating to a physical object's color, word and letter shapes relating to alphanumeric text representations in the image data, watermarks or symbols in a digital image, or any other aspect of image data which is sufficient to generate a search key corresponding to a procurable item in an electronic marketplace.)
It would have been obvious to one of ordinary skill in the art to include in the method, as taught by BLAIKIE, III and CLAUSS, the features, as taught by Mayor, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination, to include the teachings of Mayor, in order to generate a search key (Mayor, [Col 9 Ln 1-12]).
Conclusion
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