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 .
Response to Amendment
The amendment filed September 2, 2025 has been entered. Claims 1-5 and 7-30 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objections previously set forth in the Non-Final Office Action mailed May 1, 2025.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 9/2/2025 is(are) 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 § 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 1-5 and 7-30 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Under the Step 1 of the Section 101 analysis, Claims 1-5 and 7-8 and 22-30 are drawn to a method which is within the four statutory categories (i.e., a process), and Claims 9-21 are drawn to a system which is within the four statutory categories (i.e. a machine).
Since the claims are directed toward statutory categories, it must be determined if the claims are directed towards a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea). Based on consideration of all of the relevant factors with respect to the claim as a whole, claims 1-5 and 7-30 are determined to be directed to an abstract idea. The rationale for this determination is explained below:
Regarding Claims 1 and 9:
Claims 1 and 9 are drawn to an abstract idea without significantly more. The claims recite “providing a tokenization user interface; receiving a set of user operations with the tokenization user interface; interpreting a target performance value for an asset class linked token in response to the set of user operations; interpreting an asset class description in response to the set of user operations; generating, using an artificial intelligence (AI) strategy engine, a set of recommended assets based on the target performance value and the asset class description; iteratively adjusting the set of recommended assets until a simulation of a token performance meets a threshold associated with the target performance value by: simulating the token performance, wherein the token performance is based on at least one characteristic of each respective asset of the set of recommended assets, where each respective asset is of an asset class corresponding to the asset class description, and the at least one characteristic indicates at least one feature of the respective asset, other than a present and/or future market value of the respective asset, that affects the token performance; comparing the simulated token performance of the set of recommended assets to the target performance value; and adjusting the set of recommended assets based on the comparing and inputs received by the tokenization user interface; generating at least one asset class linked token associated with the iteratively adjusted set of recommended assets; and publishing the at least one asset class linked token to a token marketplace system.”
Under the Step 2A Prong One, the limitations, as underlined above, are processes that, under its broadest reasonable interpretation, cover Certain Methods Of Organizing Human Activity such as commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). For example, but for the “user interface”, “artificial intelligence (AI) strategy engine”, and “system” language, the underlined limitations in the context of this claim encompass the human activity. The series of steps, including the newly-added steps of generating, adjusting, comparing, and publishing, belong to a typical sales activities or behaviors, because information on asset-related token to be generated is received from a user and processed, and the generated token is exposed to the marketplace.
Under the Step 2A Prong Two, this judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements – “A method comprising:”, “An apparatus, comprising: a tokenization controller configured to.. a token definition circuit structured to.. an asset definition circuit structured to.. an asset backing circuit structured to.. a token deployment circuit structured to..”, “user interface”, “artificial intelligence (AI) strategy engine”, and “system”. The additional elements are recited at a high-level of generality (i.e., performing generic functions of an interaction) such that it amounts no more than mere instructions to apply the exception using a generic computer component, merely implementing an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea. Additionally, regarding the specification and claims, there is no improvement in the functioning of a computer or an improvement to other technology or technical field present, there is no applying or using the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition present, there is no implementing the judicial exception with or using the judicial exception in conjunction with a particular machine or manufacture that is integral to the claim present, there is no effecting a transformation or reduction of a particular article to a different state or thing present, and there is no applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment present such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Accordingly, these additional elements, individually or in combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
Under the Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements in the process amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
Regarding Claim 17:
Claims 17 is drawn to an abstract idea without significantly more. The claims recite “a tokenization controller configured to implement a tokenization user interface, the tokenization controller comprising: a token definition circuit structured to interpret a target performance value for an asset class linked token in response to user operations with the tokenization user interface; an asset definition circuit structured to interpret an asset class description in response to user operations with the tokenization user interface; an artificial intelligence (AI) strategy engine structured to generate a set of recommended assets based on the target performance value and the asset class description; an asset backing circuit structured to: simulate a token performance, wherein the token performance is based on at least one characteristic of each respective asset of the set of recommended assets, where each respective asset is of an asset class corresponding to the asset class description, and the at least one characteristic indicates at least one feature of the respective asset, other than a present and/or future market value of the at least one asset, that affects the token performance; compare the simulated token performance of the set of recommended assets to the target performance value; adjust the set of recommended assets based on the comparing and inputs received by the tokenization user interface; and generate at least one asset class linked token associated with the adjusted set of recommended assets; and a token deployment circuit structured to publish the at least one asset class linked token to a token marketplace system; and a token deployment controller configured to implement asset class backed token transactions, the token deployment controller comprising: a token offering component configured to publish the at least one asset class linked token to the token marketplace system; a token contract component configured to execute a smart contract to acquire the at least one asset class linked token; and a token recording component configured to record transactions of the at least one asset class linked token in response to execution of the smart contract.”
Under the Step 2A Prong One, the limitations, as underlined above, are processes that, under its broadest reasonable interpretation, cover Certain Methods Of Organizing Human Activity such as commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). For example, but for the “tokenization controller”, “user interface”, “circuit”, “artificial intelligence (AI) strategy engine”, “system”, “controller”, “component”, and “smart contract” language, the underlined limitations in the context of this claim encompass the human activity or mental processes. The series of steps belong to a typical sales activities or behaviors, because information on asset-related token to be generated is received from a user and processed, and the generated token is exposed to the marketplace.
Under the Step 2A Prong Two, this judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements – “A system comprising:”, “tokenization controller”, “user interface”, “circuit”, “artificial intelligence (AI) strategy engine”, “system”, “controller”, “component”, and “smart contract”. The additional elements are recited at a high-level of generality (i.e., performing generic functions of an interaction) such that it amounts no more than mere instructions to apply the exception using a generic computer component, merely implementing an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea. Additionally, regarding the specification and claims, there is no improvement in the functioning of a computer or an improvement to other technology or technical field present, there is no applying or using the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition present, there is no implementing the judicial exception with or using the judicial exception in conjunction with a particular machine or manufacture that is integral to the claim present, there is no effecting a transformation or reduction of a particular article to a different state or thing present, and there is no applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment present such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Accordingly, these additional elements, individually or in combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
Under the Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements in the process amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
Regarding Claims 2-5, 7-8, 10-16, and 18-30:
Dependent claims 2-5, 7-8, 11-13, 15, and 21-23 only further elaborate the abstract idea and do not recite additional elements.
Dependent claims 10, 14, 16, 18-20, and 24-30 include additional limitations, for example, “circuit” (Claim 10); “circuit” (Claim 14); “circuit” (Claim 16); “controller”, “component”, and “system” (Claim 18); “controller” and “component” (Claim 19); “component” and “blockchain” (Claim 20); “user interface” (Claim 24); “user interface” (Claim 25); “user interface” (Claim 26); “user interface” (Claim 27); “hard link” and “soft link” (Claim 28); “user interface” (Claim 29); and “user interface” (Claim 30), but none of these limitations are deemed significantly more than the abstract idea because, as stated above, they require no more than generic computer structures or signals to be executed, and do not recite any Improvements to the functioning of a computer, or Improvements to any other technology or technical field.
Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology, and their collective functions merely provide conventional computer implementation or implementing the judicial exception on a generic computer.
Therefore, whether taken individually or as an ordered combination, claims 2-5, 7-8, 10-16, and 18-30 are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5 and 7-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tran (US 20170232300 A1; already of record in IDS) in view of Harrison (US 20210217001 A1), and in further view of Maim (WO 2019138391 A1).
Regarding Claims 1 and 9, Tran teaches A method comprising: An apparatus, comprising: a tokenization controller configured to.. the tokenization controller comprising: a token definition circuit structured to.. an asset definition circuit structured to.. an asset backing circuit structured to.. and a token deployment circuit structured to.. (Tran: Paragraph(s) 0121, 0123-0124, 0132),
providing a tokenization user interface (Tran: Paragraph(s) 0123-0124, 0132-0133); receiving a set of user operations with the tokenization user interface; interpreting a target performance value for an asset class linked token in response to the set of user operations (Tran: Paragraph(s) 0121, 0123-0124 teach(es) a peer-to-peer cryptographic currency trading method for initiating a market exchange of one or more Blockchain tokens in a virtual wallet for purchasing an asset (e.g., a security) at a purchase price; The user may interact with the user interface through a single page or through multiple pages in a particular sequence with a forms wizard, or through the selection of tabs); interpreting an asset … description in response to the set of user operations (Tran: Paragraph(s) 0121 teach(es) The system can determine, via a two-phase commit, whether the virtual wallet has a sufficient quantity of Blockchain tokens to purchase virtual assets (such as electricity only from renewable solar/wind/ . . . sources, weather data or location data) and physical asset (such as gasoline for automated vehicles) at the purchase price); generating, using an …, a set of recommended assets based on the target performance value and the asset … description (Tran: Paragraph(s) 0121 teach(es) a peer-to-peer cryptographic currency trading method for initiating a market exchange of one or more Blockchain tokens in a virtual wallet for purchasing an asset (e.g., a security) at a purchase price); …: [simulating] the token performance, wherein the token performance is based on at least one characteristic of each respective asset of the set of recommended assets, where each respective asset is of an asset … corresponding to the asset … description, and the at least one characteristic indicates at least one feature of the respective asset, other than a present and/or future market value of the respective asset, that affects the token performance (Tran: Paragraph(s) 0121, 0197 teach(es) The system can determine, via a two-phase commit, whether the virtual wallet has a sufficient quantity of Blockchain tokens to purchase virtual assets (such as electricity only from renewable solar/wind/ . . . sources, weather data or location data) and physical asset (such as gasoline for automated vehicles) at the purchase price; An issuer (e.g., a company, underwriter, municipality, government, etc.) can have multiple stock entries to represent different types of items of value); …; generating at least one asset … linked token associated with the iteratively … set of recommended assets (Tran: Paragraph(s) 0199-0201 teach(es) The system generates and/or modifies a cryptographic currency wallet for enabling a shareholder to use a wallet as his security and cash account. The wallet is a software and/or hardware component for facilitating market transactions, securely storing Blockchain tokens on multiple Security/share (e.g., via one or more private keys), and providing other technology such as generating and maintaining cryptographic keys, etc.; the system generates Blockchain token transactions based on the wallet's content); and publishing the at least one asset … linked token to a token marketplace system (Tran: Paragraph(s) 0200-0204 teach(es) Based on the orders, the described technology generates the appropriate transaction messages, which are broadcast to the network for authentication and verification; appropriate transaction messages are broadcast to transfer Blockchain token ownership; When an Blockchain token is first created (i.e., by an issuer) there are no previous owners from which to verify ownership in the ledgers. In one or more embodiments, the issuer can maintain the same private key for digitally signing each Blockchain token as it is issued and entered into in the ledgers).
However, Tran does not explicitly teach an asset class description, asset class, asset class linked token, and artificial intelligence (AI) strategy engine.
Harrison from same or similar field of endeavor teaches an asset class description, asset class corresponding to the asset class description, asset class linked token, and artificial intelligence (AI) strategy engine (Harrison: Paragraph(s) 0015-0016, 0100, 0054, 0077 teach(es) the registry service stores information about each token service (e.g., resource locations (URLs), token service owner/operator, security controls, etc.) and information about the asset classes stored by each token service (e.g., by asset classes, UPC, EPC, etc.); The asset classification may also utilize machine learning (ML) and/or artificial intelligence (AI) technology to create new groupings to improve the identification of categories requiring additional sub-categories as well as which categories need to be dropped to maintain the search speed; Smart contracts are computer programs that are executed by nodes in a blockchain network (e.g., user systems/wallets, app servers, CPs, cloud nodes, etc.) to digitally facilitate, verify, and/or enforce the negotiation or performance of a contract; The asset token may represent any type of asset, such as total or partial ownership of a physical object (or a portion thereof), a company, an earnings streams, an entitlement to dividends or interest payments, a virtualized object or virtual property (e.g., in video games or simulated environments), rights to specific performance (e.g., the performance of a contractual duty), and/or the like).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Tran to incorporate the teachings of Harrison for an asset class description, asset class corresponding to the asset class description, asset class linked token, and artificial intelligence (AI) strategy engine.
There is motivation to combine Harrison into Tran because Harrison’s teaching of asset class and artificial intelligence (AI) strategy engine would facilitate to publish new interfaces and implementations to enhance or extend, e.g. upgrade) the behavior of all assets in a class (Harrison: Paragraph(s) 0015-0016, 0100, 0054, 0077).
However, the combination of Tran and Harrison does not explicitly teach iteratively adjusting the set of recommended assets until a simulation of a token performance meets a threshold associated with the target performance value, simulating the token performance, and comparing the simulated token performance of the set of recommended assets to the target performance value; and adjusting the set of recommended assets based on the comparing and inputs received by the tokenization user interface.
Maim from same or similar field of endeavor teaches iteratively adjusting the set of recommended assets until a simulation of a token performance meets a threshold associated with the target performance value by, simulating the token performance, comparing the simulated token performance of the set of recommended assets to the target performance value; and adjusting the set of recommended assets based on the comparing and inputs received by the tokenization user interface (Maim: Page 12, lines 4-12; 47/26 ~ 48/19 teach(es) simulating controlled transfers of reserve account units between token nodes so as to obtain simulated values of the token units corresponding to their respective simulated reserves, said simulated values having attenuated fluctuations, and means for performing transactions on said simulated values; at each purchase or sale of units of a given token, the node of this token indicates to the user an "adjusted price" which is equal to the "normal price" of the token (according to the "RBT process" ) adjusted by applying the difference between the normal price and the simulated price weighted by the user's tribal score for this token node, with a constraint to be respected: said adjustments are compensated (with a certain margin of tolerance) during the trades).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of the combination of Tran and Harrison to incorporate the teachings of Maim for iteratively adjusting the set of recommended assets until a simulation of a token performance meets a threshold associated with the target performance value, simulating the token performance, and comparing the simulated token performance of the set of recommended assets to the target performance value; and adjusting the set of recommended assets based on the comparing and inputs received by the tokenization user interface.
There is motivation to combine Maim into the combination of Tran and Harrison because Maim’s teaching of simulation and adjustment of assets would facilitate performing transactions involving assets based on tokens (Maim: 2/29-31; 12/4-12; 47/26 ~ 48/19).
Regarding Claim 17, the combination of Tran, Harrison, and Maim teaches A system, comprising: a tokenization controller configured to implement a tokenization user interface, the tokenization controller comprising: a token definition circuit structured to interpret a target performance value for an asset class linked token in response to user operations with the tokenization user interface; an asset definition circuit structured to interpret an asset class description in response to user operations with the tokenization user interface; an artificial intelligence (AI) strategy engine structured to generate a set of recommended assets based on the target performance value and the asset class description; an asset backing circuit structured to: simulate a token performance, wherein the token performance is based on at least one characteristic of each respective asset of the set of recommended assets, where each respective asset is of an asset class corresponding to the asset class description, and the at least one characteristic indicates at least one feature of the respective asset, other than a present and/or future market value of the at least one asset, that affects the token performance; compare the simulated token performance of the set of recommended assets to the target performance value; adjust the set of recommended assets based on the comparing and inputs received by the tokenization user interface; and generate at least one asset class linked token associated with the adjusted set of recommended assets; and a token deployment circuit structured to publish the at least one asset class linked token to a token marketplace system, and asset class as stated above with respect to claims 1 and 9.
Tran further teaches a token deployment controller configured to implement asset … backed token transactions, the token deployment controller comprising (Tran: Paragraph(s) 0200-0202, 0327 teach(es) the system generates Blockchain token transactions based on the wallet's content): a token offering component configured to publish the at least one asset … linked token to the token marketplace system (Tran: Paragraph(s) 0121 teach(es) a peer-to-peer cryptographic currency trading method for initiating a market exchange of one or more Blockchain tokens in a virtual wallet for purchasing an asset (e.g., a security) at a purchase price); a token contract component configured to execute a smart contract to acquire the at least one asset … linked token (Tran: Paragraph(s) 0327 teach(es) FIG. 14A shows an exemplary smart contract agent running in electronic agents that carry out transactions); and a token recording component configured to record transactions of the at least one asset … linked token in response to execution of the smart contract (Tran: Paragraph(s) 0286 teach(es) Smart contracts powered by a blockchain can provide consumers and payors with the means to manage claims in a transparent, immutable and responsive fashion. Insurance contracts, premium payments and their respective claims can be recorded onto a blockchain and validated by node consensus, preventing fraudulent claims from being processed).
Regarding Claims 2 and 10, the combination of Tran, Harrison, and Maim teaches all the limitations of claims 1 and 9 above; and Tran teaches further comprising: interpreting a governance scheme associated with the asset class description; and generating the at least one asset class linked token further in response to the governance scheme (Tran: Paragraph(s) 0194-0196 teach(es) code to collect secure shareholder votes from a share registry or a capitalization table for transparent corporate governance, code to provide financial information to shareholder a share registry or a capitalization table for corporate governance, or code to enforce majority or supermajority shareholder votes from a share registry or a capitalization table for corporate governance).
Regarding Claims 3 and 11, the combination of Tran, Harrison, and Maim teaches all the limitations of claims 1 and 9 and asset class above; and Tran teaches wherein the asset … description comprises at least one of: a fungible asset … description; a non-fungible asset … description; a value stream associated with an asset … corresponding to the asset … description; a value change description associated with an asset … corresponding to the asset … description; or a value class characterization associated with an asset … corresponding to the asset … description (Tran: Paragraph(s) 0199, 0837 teach(es) The wallet stores Blockchain tokens regardless of their stock ID, position, or quantity. In some embodiments, the wallet can substitute fungible currencies; Such assets or services may include, without limitation, houses or improvements thereto; real estate; cars, trucks, boats, airplanes, or other vehicles; securities, including, for example, stocks and bonds; travel packages or expenses; and equipment, inventory or other business-related items or expenses).
Regarding Claim 4, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 1 and asset class above; and Tran teaches wherein the asset … description comprises a description corresponding to at least one of: a precious metal asset …; an asset pre-cursor; a fiat currency asset …; a real estate asset …; a financial asset …; a security asset …; an intellectual property asset …; a production asset …; a beneficiary asset of at least one of the foregoing; a derivative asset of at least one of the foregoing; or a combined asset of at least two of the foregoing (Tran: Paragraph(s) 0124, 0837, 0322, 0304 teach(es) specialized contracts may need to be created for leases, loans, intellectual property acquisition, etc.; Such assets or services may include, without limitation, houses or improvements thereto; real estate; cars, trucks, boats, airplanes, or other vehicles; securities, including, for example, stocks and bonds; travel packages or expenses; and equipment, inventory or other business-related items or expenses).
Regarding Claims 5, 13, and 21, the combination of Tran, Harrison, and Maim teaches all the limitations of claims 1, 9, and 18 and asset class above; and Tran teaches wherein the at least one characteristic of each respective asset comprises, for each respective asset, at least one of: a risk profile of the corresponding asset; a risk profile of the asset …; a volatility of the corresponding asset; a volatility of the asset …; a liquidity of the corresponding asset; or a liquidity of the asset … (Tran: Paragraph(s) 0322, 0762, 0770, 0772 teach(es) The official register could also reflect the state of the market, which is relevant when it comes to assessing the infringement risk in many jurisdictions).
Regarding Claim 7, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 1 above; and Tran teaches wherein the target performance value further comprises at least one of: a token value; a token estimated future value; a token volatility; a token risk profile; or a token index description (Tran: Paragraph(s) 0132, 0322 teach(es) An agreement involving transfer of value can be precisely defined and automatically enforced with the same script; The official register could also reflect the state of the market, which is relevant when it comes to assessing the infringement risk in many jurisdictions).
Regarding Claims 8 and 16, the combination of Tran, Harrison, and Maim teaches all the limitations of claims 1 and 9 and asset class above; and Tran teaches wherein the token performance comprises at least one linking rule, the method further comprising adjusting the at least one asset … linked token in response to the at least one linking rule (Tran: Paragraph(s) 0211, 0314 teach(es) 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) is crucial in uniquely identifying a physical good with its digital counterpart).
Regarding Claim 12, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 9 above; and Tran teaches wherein the asset class description comprises a description corresponding to at least one of: a precious metal asset class; an asset pre-cursor; a fiat currency; a real estate asset class; a financial asset class; a security asset class; an intellectual property asset class; a production asset class; a farming asset class; a beneficiary asset of at least one of the foregoing; a derivative asset of at least one of the foregoing; or a combined asset of at least two of the foregoing (Tran: Paragraph(s) 0124, 0837, 0322, 0304, as stated above with respect to claim 4).
Regarding Claim 15, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 14 above; and Tran teaches wherein the target performance value further comprises at least one of: a token value; a token estimated future value; a token risk profile; or a token index description (Tran: Paragraph(s) 0132, 0322, as stated above with respect to claim 7).
Regarding Claim 18, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 17 above; and Tran teaches further comprising: a token marketplace controller configured to implement an asset class backed token trading system, the token marketplace controller comprising: a trading system component configured to make the at least one asset class linked token available to at least a portion of users of the asset class backed token trading system, and to accept user inputs for transactions of the at least one asset class linked token (Tran: Paragraph(s) 0760 teach(es) Real-time market data refers to data reflecting current market conditions as trading in the market takes place. Examples of real-time market data provided to real-time market parameter generator include wholesale over-the-counter future contracted product options market data, wholesale future contracted product options over-the-counter forward market and futures market data, and spot prices for retail future contracted product as well as spot prices for wholesale future contracted product).
Regarding Claim 19, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 18 above; and Tran teaches wherein the token marketplace controller further comprises a governance system component, wherein: adjusting the set of recommended assets is in response to a governance scheme associated with the asset class description, or confirming the set of recommended assets in response to the governance scheme associated with the asset class description (Tran: Paragraph(s) 0194-0196, as stated above with respect to claim 2).
Regarding Claim 20, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 18 above; and Tran teaches wherein the token recording component is further configured to record the transactions of the at least one asset class linked token on a blockchain (Tran: Paragraph(s) 0324, 0726 teach(es) The system can link products to blockchain however (rather than to URLs as is common in QR Code marketing) is the immutable nature of the information which appears on the blockchain).
Regarding Claim 22, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 1 above; and Tran teaches wherein, the token performance is based on, a beneficial characteristic of a first at least one asset that increases a first feature of the token performance, and a beneficial characteristic of a second at least one asset that increases a second feature of the token performance, the beneficial characteristic of the first at least one asset is different than the beneficial characteristic of the second at least one asset, and the first feature of the token performance that is increased by the beneficial characteristic of the first at least one asset is different than the second feature of the token performance that is increased by the beneficial characteristic of the second at least one asset (Tran: Paragraph(s) 0715, 0121, 0124 teach(es) the user has time to adjust parameters that tend to increase (or decrease) the cost of insurance, which allows the user to have more control over the cost of insurance).
Regarding Claim 23, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 1 above; and Tran teaches wherein, a feature of a first asset of the set of recommended assets causes a decrease of a feature of the token performance, and a beneficial characteristic of a second asset of the set of recommended assets indicates at least one feature of the second that increases the feature of the token performance and at least partially offsets the decrease of the feature of the token performance by the first asset (Tran: Paragraph(s) 0772 teach(es) an observation of sub-optimal exercise of offerings by Purchasers may indicate to a Provider that a smaller purchase of hedging instruments will suffice to offset the risk associated with the offerings).
Regarding Claim 24, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 1 and asset class above; and Tran teaches wherein generating the at least one asset … linked token further comprises: receiving the asset … description via user operations with the tokenization user interface (Tran: Paragraph(s) 0714 teach(es) The server can be configured to generate action recommendations best matching the behavior of the driver. In an embodiment, the server can be configured to provide the generated recommendations to the driver. Based on the driver behavior parameters the sever provides feedback and recommendations to the driver, such as to improve the driving skills).
Regarding Claim 25, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 1 and asset class above; and Tran teaches further comprising: displaying, via the tokenization user interface, a token performance description of the at least one asset … linked token, wherein the token performance description includes a characteristic description of the at least one feature of the respective asset, other than a present and/or future market value of the at least one asset, that affects the token performance of the at least one asset … linked token (Tran: Paragraph(s) 0761 teach(es) The market history analyzer may record and store observed market data and/or historical market data accumulated historically and received by the market history analyzer. In that manner, market history analyzer develops data related to the historical performance of the market. In one embodiment of the Future contracted product Offering Generator, market data includes retail electricity spot prices and wholesale electricity spot prices).
Regarding Claim 26, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 1 and asset class above; and Tran teaches wherein generating the at least one asset … linked token further comprises: receiving, via user operations with the tokenization user interface, the at least one characteristic of the each respective asset of the asset …, and wherein adjusting the set of recommend assets is based on the at least one characteristic received via the user operations with the tokenization user interface (Tran: Paragraph(s) 0714, as stated above with respect to claim 24).
Regarding Claim 27, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 1 and asset class above; and Tran teaches wherein generating the at least one asset … linked token further comprises: receiving, via user operations with the tokenization user interface, an asset description of at least one asset, determining, by the strategy engine, the at least one asset corresponds to the asset description, determining the at least one characteristic based on at least one feature of the at least one asset, and determining the token performance based on the at least one characteristic (Tran: Paragraph(s) 0041-0043 teach(es) code for storing a stock certificate number with stock quantity, code to determine a share registry or a capitalization table from each stock certificate number and stock quantity, code to distribute shareholder communication from a share registry or a capitalization table).
Regarding Claim 28, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 27 above; and Tran teaches wherein the at least one characteristic includes at least one of, a hard link between the token performance and an actual value of the at least one feature of the at least one asset, or a soft link between the token performance and an expected value of the at least one feature of the at least one asset (Tran: Paragraph(s) 0191-0193 teach(es) In one embodiment for corporate management, the blockchain comprises code for storing a stock identifier (ID), a stock certificate number with stock quantity. Other embodiments may include: code to determine a share registry or a capitalization table from each stock certificate number and stock quantity, code to distribute shareholder communication from a share registry or a capitalization table).
Regarding Claim 29, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 1 and asset class above; and Tran teaches wherein generating the at least one asset … linked token further comprises: receiving, via user operations with the tokenization user interface, an intended performance value of the at least one asset … linked token, and wherein adjusting the set of recommended assets is based on the intended performance value of the at least one asset … linked token (Tran: Paragraph(s) 0123, 0878 teach(es) the user logs into the system to author a smart contract. The system then retrieves the appropriate contract template for the user, and a user interface renderer displays the corresponding deal sheet user interface to the user. The selection of the appropriate contract template can be based on many factors, including the role of the user, the intended parties to the contract, the type of contract desired, etc.).
Regarding Claim 30, the combination of Tran, Harrison, and Maim teaches all the limitations of claim 29 and asset class above; and Tran teaches wherein generating the at least one asset … linked token further comprises: presenting, via the tokenization user interface, a description of the comparison of the simulated token performance with the target performance value (Tran: Paragraph(s) 0714-0715 teach(es) the server can be configured to analyze the driver behavior parameters and adjust the insurance rates for the driver; the user has time to adjust parameters that tend to increase (or decrease) the cost of insurance, which allows the user to have more control over the cost of insurance).
Response to Arguments
Applicant's arguments filed September 2, 2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument under Claim Rejections - 35 USC § 101 that “The amended claims satisfy this standard by reciting a specific technological solution to the identified technical problems in designing and simulating asset class backed tokens,” examiner respectfully argues that the amended claims are recited without technical details and contexts of technical problem to solve and technical solution, and thus the steps of simulating and adjusting are not directed to any technical details, not providing any improvements to the functioning of the computer or other technology or technical fields. The claims are not patent eligible.
Regarding applicant’s argument under Claim Rejections - 35 USC § 103 that the combination of Tran and Doney fails to teach the claimed AI strategy engine, examiner respectfully argues that Maim teaches the features. It is also noted that the claims recite the AI strategy engine or the simulating, comparing, and adjusting steps without enough of technical details and contexts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Frank (US 20190102706 A1) teaches Affective Response Based Recommendations, including prediction, adjustment, artificial intelligence, recommend, and asset class.
Shear (US 20140280952 A1) teaches Purposeful Computing, including simulation to estimate the performance of various types.
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/CLAY C LEE/Primary Examiner, Art Unit 3699