DETAILED ACTION
1. This office action is in response to an amendment filed on 01/29/2026. Claims 1-20 are pending. Claims 1, 9 and 16 are independent. Each independent claim is amended.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Interview Summary
3. On January 13, 2026, applicant's representative attorney Justin T. Lingard, Reg. No. 61,276 and examiner conducted applicant-initiated telephone interview. The summary of the interview is attached.
Response to Arguments
4. Applicant’s arguments filed on January 13, 2026, with regarding to the 35 U.S.C. 103 rejection directed to the independent claims 1, 9 and 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
5. Applicant’s representative in particular argued that the following amended (underlined and bolded) claim limitations recited in independent claims 1, 9 and 16 isn’t disclosed by the references/prior arts of the record namely by Async Art and Collen
Regarding independent claims 1, 9 and 16, it has been argued that the following underlined amended claim limitation is not disclosed by the combination of Async Art and Collen, “wherein the layered scene further includes at least one fungible digital asset provided together with at least one of the first non-fungible digital asset or the second non-fungible digital asset”
Examiner would like to point out that, the newly founded prior art NPL document, titled, “ERC-998 Composable Non-Fungible Token Standard" Pub. Date: 04/15/2018 (hereafter referred as ERC-998) discloses each and every amended/underlined claim limitation. ERC-998 teaches a composable non-fungible token standard in which an ERC-721 non-fungible token can own, receive, hold and transfer ERC-20 fungible tokens. ERC-998 further teaches that the resulting composition of ERC-721 and ERC-20 assets can be transferred together. Therefore, ERC-998 teaches fungible digital assets provided together with non-fungible digital assets.
6. Thus, in response to the 35 U.S.C. 103 rejection set forth in the previous office action, applicant amended at least each independent claim 1, 8 and 15, presumably to overcome the 35 U.S.C. 103 rejection set forth in the previous office action. Since, the newly amended claims changed the scope and necessitated new grounds of rejection, applicant’s arguments are moot. The analysis of the claims under consideration, as amended, follows in the corresponding section below.
Claim Rejections - 35 USC § 103
7. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
8. Claims 1-3, 6-9, 12, 14, 16-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over NPL Document, titled “What is Async Art? Programmable Crypto Art, (What is Async Art? Programmable Crypto Art, trade NFT artworks that can update dynamically over time and react to their owners) (Dec. 27, 2020 (herein after referred as Async Art) view of Bennett Collen (US Publication No. 2022/0292588 A1) (Herein after referred as Collen) and further in view of NPL document, titled, “ERC-998 Composable Non-Fungible Token Standard" Pub. Date: 04/15/2018 (hereafter referred as ERC-998)
The following is referring to independent claims 1, 9 and 16
As per independent claim 1, Async Art discloses a method comprising:
generating, by a digital asset management system implemented using at least one processor and a memory [Page 2, Async Art is a non-fungible token (NFT) platform that enables artists to tokenize programmable digital art into layers. Instead of the crypto art being one single image minted as one smart contract, artwork on Async Art should be seen as a package of assets Note: To tokenize programmable digital art into layers, the system requires a computer (processor and memory and this meets the limitation “a digital asset management system implemented using at least one processor and a memory”. See also Rise of Autonomous Artwork, Autonomous Artwork where the Layers can periodically update by a server see also Ethereum. Examiner Note: A server also meets the “a digital asset management system implemented using at least one processor and a memory” or To Run Ethereum a simple PC or a powerful machines with multiple Graphics Processing Units (GPUs) designed for the computationally intensive task of proof-of-work mining is used. This also meets the limitation, “a digital asset management system implemented using at least one processor and a memory”], a set of collectible non-fungible digital assets [Examiner Note: Async Art was a platform for programmable crypto art where it generates a Master" and "Layer" tokens. The "Master" is a set of collectible non-fungible digital assets. The Master token which is the combination or the set of non-fungible digital assets represented the overall artwork, while individual "Layer" tokens could be owned and changed by collectors to alter the appearance of the Master piece over time. The Master shown on figure on page 4, meets the limitation, “collectible non-fungible digital assets” because the Master NFT is (made up of) or (comprising) a combination of non-fungible digital assets/Layer NFTs which are shown on figure 1 or the figure shown on page 4. See for instance figure 1 or the figure shown on page 4 where the Master NFT which is a set of collectible non-fungible digital assets that is made up of at least three non-fungible digital assets/layers. The first layer/non-fungible digital asset shown on figure 1, shows the face including the neck, the second layer/non-fungible digital assets shown on figure 1, represents part of the body which is above the waist and below the neck and an additional third layer/non-fungible digital assets shown on figure 1 representing part of the non-fungible digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets]
generating, by the digital asset management system, metadata specifying [ Page 1“owning a Layer means you have control over your artist’s work as Layers have special abilities decided by the artist. For example, you may be able to change the color, opacity, scale, rotation, and more. And as you may have guessed, when you change something on a layer, the Master image updates no matter who owns it”… “when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render” See also “The end result is rare artwork that can evolve dynamically over time with multiple owners. Additionally, the artworks can have pre-defined state changes” Examiner Note: Async Art is a platform for programmable crypto art, where a digital artwork is split into a "Master" and multiple "Layers" NFTs. The Master is the complete image, and the Layers are individual parts that can be owned and modified by collectors, changing the final artwork's appearance. The set of rules programmed into the layers by the artist, defining how they combine to form the final, dynamic scene. These includes instructions control how crypto art or collectible will render and also the rules or the special abilities set by the artist to change the color, opacity, scale, rotation, and more. These set of rules and instructions/special abilities meets the limitation Metadata. In other words the Metadata in this context referred to the programmable rules and information associated with each layer, which could be changed by its owner or even external data sources] that non- fungible digital assets [Figure 1, Layers..See how the three non-fungible digital assets/Layers shown on figure 1 are generated. These layers mees the “non-fungible digital assets] included in the set of collectible non-fungible digital assets are configured to combine together to form a layered scene configured to be presented by a computer system; [See figure 1 shown on page 4, Master, The Master/collectible non-fungible token/assets which is made up of the combination of the three non-fungible digital assets/Layers and presented on the computer screen. The Master is the combination or the set of collectible non-fungible digital assets represented the overall artwork. This teaches that Layers or the three non-fungible digital assets shown on figure 1 included in the Master/set of collectible non-fungible digital assets are configured to form a layered scene shown as overall artwork/Master shown and presented on the computer screen as shown on figure 1/Master NFT]
and
generating, by the digital asset management system based on the metadata [ Page 1“owning a Layer means you have control over your artist’s work as Layers have special abilities decided by the artist. For example, you may be able to change the color, opacity, scale, rotation, and more. And as you may have guessed, when you change something on a layer, the Master image updates no matter who owns it”… “when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render” Page 2, The end result is rare artwork that can evolve dynamically over time with multiple owners. Additionally, the artworks can have pre-defined state changes. Examiner Note: Metadata in this context referred to the programmable rules/instructions/special abilities and information associated with each layer, which could be changed by its owner or even external data sources] and the ownership information [Programmable Crypto Art, trade NFT artworks that can update dynamically over time and react to their owners and page 2, There are two token types, Master tokens for proving ownership of the entire artwork and Layers decide how the final image should generate], the layered scene for presentation by a computer system to a user [See figure 1. Examiner Note: Async Art was a platform for programmable, "living" digital art where an artwork (the Master) was composed of independently owned and editable "Layers". The final, master image was generated by a smart contract that combined the current state of all the layers, with the layers' metadata and ownership determining the final output. Metadata in this context referred to the programmable rules and information associated with each layer, which could be changed by its owner or even external data sources.], the layered scene [Figure 1, See the Layered final scene included in the “Master”] including a first non-fungible digital asset [See figure 1, the first Layers that includes the face above the neck] included in the set of collectible non-fungible digital assets [Figure 1, The Master meets the limitation, “collectible non-fungible digital assets” because the Master is (made up of) or (comprising) a combination of non-fungible digital assets/Layer tokens. See for instance figure 1 where the Master which is a set of collectible non-fungible digital assets is made up of at least three non-fungible digital assets/layers. The first layer/non-fungible digital assets shown on figure 1, shows the face including the neck, the second layer/non-fungible digital assets shown on figure 1, represents part of the body which is above the waist and below the neck and the third layer/non-fungible digital assets shown on figure 1 represents the additional part of the non-fungible digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets] and second non-fungible digital assets included in the set of collectible non-fungible digital assets [See figure 1, the second layer/non-fungible digital assets shown on figure 1, that represents part of the body which is above the waist and below the neck or the third layer/non-fungible digital asset shown on figure 1 that represents part of the non-fungible digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets] combined together to form the layered scene [See figure 1, See the Layered final scene included in the “Master” NFT . Examiner Note: Async Art is a platform for programmable crypto art where a "Master" piece is made of individual "Layer" components, each with its own NFT and owner. As shown on figure 1, The layers combine to form the master scene by layering together based on rules or Metadata set by the artist, and the final image is determined by the combination of all layer owners' inputs or external data, which can change over time.].
Furthermore, Async on Page 2, teaches the general subject matter where there are two token types, Master tokens for proving ownership of the entire artwork and Layers decide how the final image should generate. Essentially, when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render. Furthermore, as the instructions live in the form of smart contracts on Ethereum they are immutable and tamper-proof. Examiner Note: Async Art was a platform for programmable crypto art, which are digital artworks made of "Layers" that could be changed over time or based on external data. Ownership of these digital assets is tracked on a distributed ledger, like the Ethereum blockchain, which uses a unique identifier and public key cryptography to record every transaction. This creates a transparent, immutable record of who owns the art or a specific layer of the art, which is verified by the network.
However, Async Art doesn’t explicitly disclose the limitation, “recording, by the digital asset management system in a distributed record configured to track ownership of non-fungible digital assets, ownership information associated with the set of collectible non-fungible digital assets”
Collen explicitly discloses: “recording, by the digital asset management system in a distributed record configured to track ownership of non-fungible digital assets, ownership information associated with the set of collectible non-fungible digital assets” [See at least Abstract claim 1 and 10-11, recording information related to the digital asset as a cryptographic token on a decentralized distributed ledger, said information including at least a cryptographic hash representing the digital asset, ownership information associated with the digital asset, and metadata identifying the location of the plurality of digital files associated with the digital asset wherein the digital wallet is a blockchain-based wallet and wherein the cryptographic token is a non-fungible token (NFT)]
Async Art and Collen are an analogous in the same field of endeavor as they both are directed to non-fungible token (NFTs) and blockchain technology.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement in the system of Async Art a recording mechanism or a feature such as “recording, by the digital asset management system in a distributed record configured to track ownership of non-fungible digital assets, ownership information associated with the set of collectible non-fungible digital assets” as per teaching of Collen for validating a digital asset purchase request by identifying the cryptographic non-fungible token (NFT) and a digital wallet associated with the user. [See Collen, at least abstract, claim 1, 10, identifying the cryptographic token and a digital wallet associated with the user wherein the cryptographic token is a non-fungible token (NFT)]
The combination of Async Art and Collen doesn’t explicitly disclose the following underlined amended claimed limitation, “wherein the layered scene further includes at least one fungible digital asset provided together with at least one of the first non-fungible digital asset or the second non-fungible digital asset”
However, ERC-998 teaches a composable non-fungible token standard in which an ERC-721 non-fungible token can own, receive, hold and transfer ERC-20 fungible tokens. ERC-998 further teaches that the resulting composition of ERC-721 and ERC-20 assets can be transferred together. Therefore, ERC-998 teaches fungible digital assets provided together with non-fungible digital assets.
In particular ERC-998 discloses: “wherein the layered scene further includes at least one fungible digital asset [Abstract, fungible ERC-20 tokens] provided together [Summary, “composable non-fungible tokens, ERC-998, that allows for the ownership of ERC-998, ERC-721 and ERC-20 token. This allows standard assets to be composed into complex compositions and traded using a single transfer….interfaces for non-fungible and fungible assets to be composed and act upon one another is an exciting new area for the Ethereum] with at least one of the first non-fungible digital asset or the second non-fungible digital asset” [ERC-721 non-fungible token can own, receive, hold and transfer ERC-20 fungible tokens]
Async Art, Collen and ERC-998 are an analogous in the same field of endeavor as they all are directed to non-fungible token (NFTs).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the layered scene system of Async Art and Collen to add mechanism or a feature such as “wherein the layered scene further includes at least one fungible digital asset provided together with at least one of the first non-fungible digital asset or the second non-fungible digital asset” as per teaching of ERC-998 so that related NFT and fungible token assets could be bundled, owned and transferred together as part of the digital artwork package [See ERC-998, at least abstract and summary]
As per independent claim 9, Async Art discloses a method comprising:
generating, by a digital asset management system implemented using at least one processor and a memory [Page1, Page 1, Async Art is a non-fungible token (NFT) platform that enables artists to tokenize programmable digital art into layers. Instead of the crypto art being one single image minted as one smart contract, artwork on Async Art should be seen as a package of assets Note: To tokenize programmable digital art into layers, the system requires a computer (processor and memory and this meets the limitation “a digital asset management system implemented using at least one processor and a memory”. See also on page 2, Rise of Autonomous Artwork, Autonomous Artwork where the Layers can periodically update by a server see also Ethereum. Examiner Note: A server also meets the “a digital asset management system implemented using at least one processor and a memory” or To Run Ethereum a simple PC or a powerful machines with multiple Graphics Processing Units (GPUs) designed for the computationally intensive task of proof-of-work mining is used. This meets the limitation, “a digital asset management system implemented using at least one processor and a memory”], a set of collectible non-fungible digital assets [Examiner Note: Async Art was a platform for programmable crypto art where it generates a Master" and "Layer" NFT tokens. The "Master" is a set of collectible non-fungible digital assets. The Master NFTs which is the combination or the set of collectible non-fungible digital assets represented the overall artwork, while individual "Layer" tokens could be owned and changed by collectors to alter the appearance of the Master piece over time, The Master meets the limitation, “collectible non-fungible digital assets” because the Master NFT is (made up of) or (comprising) a combination of non-fungible digital assets/Layer tokens. See for instance figure 1 where the Master NFT which is a set of collectible non-fungible digital assets is made up of at least three non-digital assets/layers. The first layer/non-fungible digital assets shown on figure 1, shows the face including the neck, the second layer/non-fungible digital assets shown on figure 1, represents part of the body which is above the waist and below the neck and the third layer/non-digital assets shown on figure 1 represents part of the non-digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets];
generating, by the digital asset management system, metadata specifying [ Page 1“owning a Layer means you have control over your artist’s work as Layers have special abilities decided by the artist. For example, you may be able to change the color, opacity, scale, rotation, and more. And as you may have guessed, when you change something on a layer, the Master image updates no matter who owns it”… “when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render” See also “The end result is rare artwork that can evolve dynamically over time with multiple owners. Additionally, the artworks can have pre-defined state changes” Examiner Note: Async Art is a platform for programmable crypto art, where a digital artwork is split into a "Master" and multiple "Layers" NFTs. The Master is the complete image, and the Layers are individual parts that can be owned and modified by collectors, changing the final artwork's appearance. The set of rules programmed into the layers by the artist, defining how they combine to form the final, dynamic scene. These includes instructions control how crypto art or collectible will render and also the rules or the special abilities set by the artist to change the color, opacity, scale, rotation, and more. These set of rules and instructions/special abilities meets the limitation Metadata. In other words the Metadata in this context referred to the programmable rules and information associated with each layer, which could be changed by its owner or even external data sources] that non- fungible digital assets [Figure 1, Layers..See how the three non-fungible digital assets/Layers shown on figure 1 are generated. These layers mees the “non-fungible digital assets] included in the set of collectible non-fungible digital assets are configured to combine together to form a layered scene configured to be presented by a computer system [See figure 1 or the figure shown on page 4, Master, The Master/collectible non-fungible token/assets which is made up of the combination of the three non-fungible digital assets/Layers. The Master is the combination or the set of collectible non-fungible digital assets represented the overall artwork. This teaches that Layers or the three non-fungible digital assets shown on figure 1 included in the Master/set of collectible non-fungible digital assets are configured to form a layered scene shown as overall artwork/Master and presented on the computer screen as shown on figure 1/Master NFT]; and
wherein the generating of the set of collectible non-fungible digital assets [Examiner Note: Async Art was a platform for programmable crypto art where it generates a Master" and "Layer" NFT tokens. The "Master" is a collectible non-fungible digital assets. The Master which is the combination or the set of non-fungible digital assets represented the overall artwork, while individual "Layer" tokens could be owned and changed by collectors to alter the appearance of the Master piece over time, The Master meets the limitation, “collectible non-fungible digital assets” because the Master NFT is (made up of) or (comprising) a combination of non-fungible digital assets/Layer tokens. See for instance figure 1 where the Master NFT which is a set of collectible non-fungible digital assets is made up of at least three non-digital assets/layers. The first layer/non-digital assets shown on figure 1, shows the face including the neck, the second layer/non-digital assets shown on figure 1, represents part of the body which is above the waist and below the neck and the third layer/non-digital assets shown on figure 1 represents part of the non-digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets];
includes:
generating a base layer non-fungible digital asset [[See figure 1, the first Layers that is generated that includes the face above the neck. This first layer NFT meets the limitation, “a base layer non-fungible digital asset” ]; and generating one or more additional non-fungible digital assets [See figure 1, the second layer/non-digital assets that is generated shown on figure 1, that represents part of the body which is above the waist and below the neck and/or the third layer/non-digital assets shown on figure 1 that represents part of the non-digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets. Both these second and third layers NFT that shown on figure 1, meets the limitation, “one or more additional non-fungible digital assets”] that are configured to combine with the base layer non-fungible digital asset to form the layered scene [[See figure 1, See the Layered final scene included in the “Master”NFT . Examiner Note: Async Art is a platform for programmable crypto art where a "Master" piece is made of individual "Layer" components, each with its own NFT and owner. As shown on figure 1, The layers combine to form the master scene by layering together based on rules set by the artist, and the final image/Master is determined by the combination of all layer owners' inputs or external data, which can change over time.].
Furthermore, Async on Page 2, teaches the general subject matter where there are two token types, Master tokens for proving ownership of the entire artwork and Layers decide how the final image should generate. Essentially, when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render. Furthermore, as the instructions live in the form of smart contracts on Ethereum they are immutable and tamper-proof. Examiner Note: Async Art was a platform for programmable crypto art, which are digital artworks made of "Layers" that could be changed over time or based on external data. Ownership of these digital assets is tracked on a distributed ledger, like the Ethereum blockchain, which uses a unique identifier and public key cryptography to record every transaction. This creates a transparent, immutable record of who owns the art or a specific layer of the art, which is verified by the network.
However, Async Art doesn’t explicitly disclose the limitation, “recording, by the digital asset management system in a distributed record configured to track ownership of non-fungible digital assets, ownership information associated with the set of collectible non-fungible digital assets”
Collen explicitly discloses: “recording, by the digital asset management system in a distributed record configured to track ownership of non-fungible digital assets, ownership information associated with the set of collectible non-fungible digital assets” [See at least Abstract claim 1 and 10-11, recording information related to the digital asset as a cryptographic token on a decentralized distributed ledger, said information including at least a cryptographic hash representing the digital asset, ownership information associated with the digital asset, and metadata identifying the location of the plurality of digital files associated with the digital asset wherein the digital wallet is a blockchain-based wallet and wherein the cryptographic token is a non-fungible token (NFT)]
Async Art and Collen are an analogous in the same field of endeavor as they both are directed to non-fungible token (NFTs) and blockchain technology.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement in the system of Async Art a recording mechanism or a feature such as “recording, by the digital asset management system in a distributed record configured to track ownership of non-fungible digital assets, ownership information associated with the set of collectible non-fungible digital assets” as per teaching of Collen for validating a digital asset purchase request by identifying the cryptographic non-fungible token (NFT) and a digital wallet associated with the user. [See Collen, at least abstract, claim 1, 10, identifying the cryptographic token and a digital wallet associated with the user wherein the cryptographic token is a non-fungible token (NFT)]
The combination of Async Art and Collen doesn’t explicitly disclose the following underlined amended claimed limitation, “wherein the layered scene further includes at least one fungible digital asset provided together with at least one of the first non-fungible digital asset or the second non-fungible digital asset”
However, ERC-998 teaches a composable non-fungible token standard in which an ERC-721 non-fungible token can own, receive, hold and transfer ERC-20 fungible tokens. ERC-998 further teaches that the resulting composition of ERC-721 and ERC-20 assets can be transferred together. Therefore, ERC-998 teaches fungible digital assets provided together with non-fungible digital assets.
In particular ERC-998 discloses: “wherein the layered scene further includes at least one fungible digital asset [Abstract, fungible ERC-20 tokens] provided together [Summary, “composable non-fungible tokens, ERC-998, that allows for the ownership of ERC-998, ERC-721 and ERC-20 token. This allows standard assets to be composed into complex compositions and traded using a single transfer….interfaces for non-fungible and fungible assets to be composed and act upon one another is an exciting new area for the Ethereum] with at least one of the first non-fungible digital asset or the second non-fungible digital asset” [ERC-721 non-fungible token can own, receive, hold and transfer ERC-20 fungible tokens]
Async Art, Collen and ERC-998 are an analogous in the same field of endeavor as they all are directed to non-fungible token (NFTs).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the layered scene system of Async Art and Collen to add mechanism or a feature such as “wherein the layered scene further includes at least one fungible digital asset provided together with at least one of the first non-fungible digital asset or the second non-fungible digital asset” as per teaching of ERC-998 so that related NFT and fungible token assets could be bundled, owned and transferred together as part of the digital artwork package [See ERC-998, at least abstract and summary]
As per independent claim 16, Async Art discloses a system comprising:
a memory storing instructions; and a processor configured to execute the instructions[Page1, Page 1, Async Art is a non-fungible token (NFT) platform that enables artists to tokenize programmable digital art into layers. Instead of the crypto art being one single image minted as one smart contract, artwork on Async Art should be seen as a package of assets Note: To tokenize programmable digital art into layers, the system requires a computer (processor and memory and this meets the limitation “a digital asset management system implemented using at least one processor and a memory”. See also Rise of Autonomous Artwork, Autonomous Artwork where the Layers can periodically update by a server see also Ethereum. Examiner Note: A server also meets the “a system comprising least one processor and a memory” or To Run Ethereum a simple PC or a powerful machines with multiple Graphics Processing Units (GPUs) designed for the computationally intensive task of proof-of-work mining is used. This meets the limitation, “a system comprising at least one processor and a memory”]; and
generating, based on the metadata associated with the set of collectable non-fungible digital assets[ Page 1“owning a Layer means you have control over your artist’s work as Layers have special abilities decided by the artist. For example, you may be able to change the color, opacity, scale, rotation, and more. And as you may have guessed, when you change something on a layer, the Master image updates no matter who owns it”… “when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render” Page 2, The end result is rare artwork that can evolve dynamically over time with multiple owners. Additionally, the artworks can have pre-defined state changes. Examiner Note: Metadata in this context referred to the programmable rules/instructions/special abilities and information associated with each layers as shown on figure 1, which could be changed by its owner or even external data sources and combined to form a Master/the set of collectible non-fungible digital assets] and the ownership information [Programmable Crypto Art, trade NFT artworks that can update dynamically over time and react to their owners and page 2, There are two token types, Master tokens for proving ownership of the entire artwork and Layers decide how the final image should generate], the layered scene for presentation by a computer system to a user [See figure 1 or the figure shown on page 4. Examiner Note: Async Art was a platform for programmable, "living" digital art where an artwork (the Master) was composed of independently owned and editable "Layers". The final, master image was generated by a smart contract that combined the current state of all the layers, with the layers' metadata and ownership determining the final output. Metadata in this context referred to the programmable rules and information associated with each layer, which could be changed by its owner or even external data sources.], the layered scene [Figure 1 or the figure shown on page 4, See the Layered final scene included in the “Master”] including a non-fungible digital asset [See figure 1, the first Layers that includes the face above the neck] and the additional non-fungible digital assets [See figure 1, the second layer/non-digital assets shown on figure 1, that represents part of the body which is above the waist and below the neck or the third layer/non-digital assets shown on figure 1 that represents part of the non-digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets] included in the set of collectible non-fungible digital assets [See figure 1, the Master/Collectible non-fungible digital assets] combined together to form the layered scene [See figure 1, See the Layered final scene included in the “Master” NFT . Examiner Note: Async Art is a platform for programmable crypto art where a "Master" piece is made of individual "Layer" components, each with its own NFT and owner. As shown on figure 1, The layers combine to form the master scene by layering together based on rules set by the artist, and the final image is determined by the combination of all layer owners' inputs or external data, which can change over time.].
Furthermore, Async on Page 2, teaches the general subject matter where there are two token types, Master tokens for proving ownership of the entire artwork and Layers decide how the final image should generate. Essentially, when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render. Furthermore, as the instructions live in the form of smart contracts on Ethereum they are immutable and tamper-proof. Examiner Note: Async Art was a platform for programmable crypto art, which are digital artworks made of "Layers". For instance as shown on figure 1, the first Layers that is generated that includes the face above the neck. This first layer NFT meets the limitation, “a non-fungible digital asset” and the second layer/non-digital assets shown on figure 1, that represents part of the body which is above the waist and below the neck or the third layer/non-digital assets shown on figure 1 that represents part of the non-digital assets/layer meets the limitation additional non-fungible digital asset that is used to generate the Master/Collectible non-fungible digital assets. Note: Ownership of these digital assets are tracked on a distributed ledger, like the Ethereum blockchain, which uses a unique identifier and public key cryptography to record every transaction. This creates a transparent, immutable record of who owns the art or a specific layer of the art, which is verified by the network.
However, Async Art doesn’t explicitly disclose the following underlined claim limitation, “record, in a distributed record configured to track ownership of non-fungible digital assets, ownership information associated with a non-fungible digital asset and an additional non-fungible digital asset that are part of a set of collectible non-fungible digital assets”
Collen explicitly discloses: “record, in a distributed record configured to track ownership of non-fungible digital assets, ownership information associated with a non-fungible digital asset and an additional non-fungible digital asset that are part of a set of collectible non-fungible digital assets” [See at least Abstract claim 1 and 10-11, recording information related to the digital asset as a cryptographic token on a decentralized distributed ledger, said information including at least a cryptographic hash representing the digital asset, ownership information associated with the digital asset, and metadata identifying the location of the plurality of digital files associated with the digital asset wherein the digital wallet is a blockchain-based wallet and wherein the cryptographic token is a non-fungible token (NFT)/a set of collectable non-fungible token that could include multiple of non-fungible digital assets]
Async Art and Collen are an analogous in the same field of endeavor as they both are directed to non-fungible token (NFTs) and blockchain technology.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement in the system of Async Art a recording mechanism or a feature such as ““record, in a distributed record configured to track ownership of non-fungible digital assets, ownership information associated with a non-fungible digital asset and an additional non-fungible digital asset that are part of a set of collectible non-fungible digital assets” as per teaching of Collen for validating a digital asset purchase request by identifying the cryptographic non-fungible token (NFT) and a digital wallet associated with the user. [See Collen, at least abstract, claim 1, 10, identifying the cryptographic token and a digital wallet associated with the user wherein the cryptographic token is a non-fungible token (NFT)]
The combination of Async Art and Collen doesn’t explicitly disclose the following underlined amended claimed limitation, “wherein the layered scene further includes at least one fungible digital asset provided together with at least one of the first non-fungible digital asset or the second non-fungible digital asset”
However, ERC-998 teaches a composable non-fungible token standard in which an ERC-721 non-fungible token can own, receive, hold and transfer ERC-20 fungible tokens. ERC-998 further teaches that the resulting composition of ERC-721 and ERC-20 assets can be transferred together. Therefore, ERC-998 teaches fungible digital assets provided together with non-fungible digital assets.
In particular ERC-998 discloses: “wherein the layered scene further includes at least one fungible digital asset [Abstract, fungible ERC-20 tokens] provided together [Summary, “composable non-fungible tokens, ERC-998, that allows for the ownership of ERC-998, ERC-721 and ERC-20 token. This allows standard assets to be composed into complex compositions and traded using a single transfer….interfaces for non-fungible and fungible assets to be composed and act upon one another is an exciting new area for the Ethereum] with at least one of the first non-fungible digital asset or the second non-fungible digital asset” [ERC-721 non-fungible token can own, receive, hold and transfer ERC-20 fungible tokens]
Async Art, Collen and ERC-998 are an analogous in the same field of endeavor as they all are directed to non-fungible token (NFTs).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the layered scene system of Async Art and Collen to add mechanism or a feature such as “wherein the layered scene further includes at least one fungible digital asset provided together with at least one of the first non-fungible digital asset or the second non-fungible digital asset” as per teaching of ERC-998 so that related NFT and fungible token assets could be bundled, owned and transferred together as part of the digital artwork package [See ERC-998, at least abstract and summary]
The following is referring to the dependent claims 2-3, 6-8, 12, 14, 17 and 20
As per dependent claim 2, the combination of Async Art, Collen and ERC-998 discloses the method/system as applied. Furthermore, Async Art and Collen discloses the method,
wherein the ownership information indicates that the user of the computer system owns the first non-fungible digital asset and the second non- fungible digital asset [Page 2, “The end result is rare artwork that can evolve dynamically over time with multiple owners”. Page 1. There are two token types, Master tokens for proving ownership of the entire artwork and Layers decide how the final image should generate. Essentially, when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render. Furthermore, as the instructions live in the form of smart contracts on Ethereum they are immutable and tamper-proof. Page 1, Async Art is a non-fungible token (NFT) platform that enables artists to tokenize programmable digital art into layers. Instead of the crypto art being one single image minted as one smart contract, artwork on Async Art should be seen as a package of assets. Note: Ownership of these digital assets are tracked on a distributed ledger, like the Ethereum blockchain, which uses a unique identifier and public key cryptography to record every transaction. This creates a transparent, immutable record of who owns the art or a specific layer of the art, which is verified by the network. Ownership of NFTs, including those from Async Art, is recorded and tracked using blockchain technology through the following process: by minting via smart contracts: When an NFT is created, or "minted," a smart contract on a blockchain (such as Ethereum) generates a unique token. The smart contract includes code that defines the NFT's properties, including ownership rights, creator royalties, and transferability. Furthermore Collen See at least Abstract claim 1 and 10-11, recording information related to the digital asset as a cryptographic token on a decentralized distributed ledger, said information including at least a cryptographic hash representing the digital asset, ownership information associated with the digital asset, and metadata identifying the location of the plurality of digital files associated with the digital asset wherein the digital wallet is a blockchain-based wallet and wherein the cryptographic token is a non-fungible token (NFT)/a set of collectable non-fungible token that could include multiple of non-fungible digital assets]
As per dependent claim 3, the , the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 1 above. Furthermore, Async Art discloses the method/system, wherein the generating of the set of collectible non-fungible digital assets [Examiner Note: Async Art was a platform for programmable crypto art where it generates a Master" and "Layer" NFT tokens. The "Master" and "Layer" tokens were collectible non-fungible digital assets. The Master token which is the combination of the set of collectible non-fungible digital assets represented the overall artwork, while individual "Layer" tokens could be owned and changed by collectors to alter the appearance of the Master piece over time, The Master meets the limitation, “collectible non-fungible digital assets” because the Master NFT is (made up of) or (comprising) a combination of non-fungible digital assets/Layer tokens. See for instance figure 1 where the Master NFT which is a set of collectible non-fungible digital assets is made up of at least three non-digital assets/layers. The first layer/non-digital assets shown on figure 1, shows the face including the neck, the second layer/non-digital assets shown on figure 1, represents part of the body which is above the waist and below the neck and the third layer/non-digital assets shown on figure 1 represents part of the non-digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets];
includes:
generating a base layer non-fungible digital asset [[See figure 1, the first Layers that is generated that includes the face above the neck. This first layer NFT meets the limitation, “a base layer non-fungible digital asset” ]; and generating one or more additional non-fungible digital assets [See figure 1, the second layer/non-digital assets that is generated shown on figure 1, that represents part of the body which is above the waist and below the neck or the third layer/non-digital assets shown on figure 1 that represents part of the non-digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets. Both these second and third layers NFT that shown on figure 1, meets the limitation, “one or more additional non-fungible digital assets”] that are configured to combine with the base layer non-fungible digital asset to form the layered scene [[See figure 1, See the Layered final scene included in the “Master”NFT . Examiner Note: Async Art is a platform for programmable crypto art where a "Master" piece is made of individual "Layer" components, each with its own NFT and owner. As shown on figure 1, The layers combine to form the master scene by layering together based on rules set by the artist, and the final image/Master is determined by the combination of all layer owners' inputs or external data, which can change over time.].
As per dependent claim 6, , the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 1 above. Furthermore, Async Art discloses the method/system, further comprising transmitting, by the digital asset management system, one or more non-fungible digital assets included in the set of collectible non-fungible digital assets to the computer system. [Page 1, when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render. Furthermore, as the instructions live in the form of smart contracts on Ethereum they are immutable and tamper-proof. Examiner Note: Async Art is a platform for programmable art where a single artwork is split into a "master" and multiple "layers". The master and each individual layer are both transmitted to the blockchain as NFTs. Collectors can own and change the layers, which in turn changes the master artwork, creating a collaborative and evolving piece. Master and Layers: An artwork is created with a master composition and several independent layers, like changing the color of an orange or the time of day in a painting. Blockchain: Both the master and each layer are minted as separate NFTs on the Ethereum blockchain. Collen on para. 0125, FIG. 5 is a block diagram illustrating a method 500 for digital asset sale according to some embodiments. A company 502 lists one or more NFTs for sale in a Marketplace 504 (e.g., OpenSea or another NFT marketplace). In some embodiments, the Company's NFTs may be transferred from the Company's wallet 506 to the Marketplace 504 as part of the listing. A User 508 may bid on one or more NFTs listed in the Marketplace 504. Upon successful purchase (e.g., a winning bid), the User 508 buys the NFTs]
As per dependent claim 7, the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 1 above. Furthermore, Collen discloses the method/system, further comprising recording, by the digital asset management system, the metadata in the distributed record [Abstract claim 1, 10…recording information related to the digital asset as a cryptographic token/non-fungible token (NFT) on a decentralized distributed ledger, said information including at least a cryptographic hash representing the digital asset, ownership information associated with the digital asset, and metadata identifying the location of the plurality of digital files associated with the digital asset]
As per dependent claim 8, , the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 1 above. Furthermore, Collen discloses the method/system, wherein: the metadata includes rendering rules for combining layers of the layered scene; and the method further comprises generating, by the digital asset management system, the layered scene based on the rendering rules included in the metadata [Para. 0269, Such files may include metadata about where and how the file should be “rigged” or used (i.e. a sneaker is affixed to an avatar's foot and para. 0270, The digital environment would query the metadata of the NFT to locate the file in the correct format for rendering and See Async Art, Page 1“owning a Layer means you have control over your artist’s work as Layers have special abilities decided by the artist. For example, you may be able to change the color, opacity, scale, rotation, and more. And as you may have guessed, when you change something on a layer, the Master image updates no matter who owns it”… “when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render” See also “The end result is rare artwork that can evolve dynamically over time with multiple owners. Additionally, the artworks can have pre-defined state changes” Examiner Note: Async Art is a platform for programmable crypto art, where a digital artwork is split into a "Master" and multiple "Layers" NFTs. The Master is the complete image, and the Layers are individual parts that can be owned and modified by collectors, changing the final artwork's appearance. The set of rules programmed into the layers by the artist, defining how they combine to form the final, dynamic scene. These includes instructions control how crypto art or collectible will render and also the rules or the special abilities set by the artist to change the color, opacity, scale, rotation, and more. These set of rules and instructions meets the limitation Metadata. In other words the Metadata in this context referred to the programmable rules and information associated with each layer, which could be changed by its owner or even external data sources]
As per dependent claim 12, , the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 9 above. Furthermore, Async Art discloses the method/system, wherein at least some of the one or more additional non-fungible digital assets are configured, based on the metadata, to be provided on a same layer of the layered scene [See figure 1, where Multiple layers interact on the same visual plane…See Async Art, Page 1“owning a Layer means you have control over your artist’s work as Layers have special abilities decided by the artist. For example, you may be able to change the color, opacity, scale, rotation, and more. And as you may have guessed, when you change something on a layer, the Master image updates no matter who owns it”… “when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render” See also “The end result is rare artwork that can evolve dynamically over time with multiple owners. Additionally, the artworks can have pre-defined state changes” Examiner Note: Async Art is a platform for programmable crypto art, where a digital artwork is split into a "Master" and multiple "Layers" NFTs. The Master is the complete image, and the Layers are individual parts that can be owned and modified by collectors, changing the final artwork's appearance. The set of rules programmed into the layers by the artist, defining how they combine to form the final, dynamic scene. These includes instructions control how crypto art or collectible will render and also the rules or the special abilities set by the artist to change the color, opacity, scale, rotation, and more. These set of rules and instructions meets the limitation Metadata. In other words the Metadata in this context referred to the programmable rules and information associated with each layer, which could be changed by its owner or even external data sources].
As per dependent claim 14, , the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 9 above. Furthermore, Async Art discloses the method/system, wherein the base layer non-fungible digital asset and the one or more additional non-fungible digital assets are reversibly combinable together [See page 1 and figure 1, Examiner Note: As shown on figure 1, Async Art is a digital art platform that introduced programmable art, where an artwork is composed of different "Layers" that can be individually owned and manipulated to affect the overall appearance of a single "Master" image. The layers are dynamically and reversibly combined to create the master work, which changes as its underlying layers are updated]
As per dependent claim 17, , the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 16 above. Furthermore, Async Art discloses the method/system, wherein the layered scene [See figure 1, Master Layered scene,figure 1, See the Layered final scene included in the “Master”NFT . Examiner Note: Async Art is a platform for programmable crypto art where a "Master" piece is made of individual "Layer" components, each with its own NFT and owner. As shown on figure 1, The layers combine to form the master scene by layering together based on rules set by the artist, and the final image/Master is determined by the combination of all layer owners' inputs or external data, which can change over time.] includes a base layer non- fungible digital asset [See figure 1, the first Layers that is generated that includes the face above the neck. This first layer NFT that is included in the Master Layered scene NFT, meets the limitation, “a base layer non-fungible digital asset”]
As per dependent claim 20, , the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 16 above. Furthermore, Collen
discloses the method/system, wherein: the metadata includes rendering rules for combining layers of the layered scene; and the processor is further configured to execute the instructions to generate the layered scene based on the rendering rules included in the metadata [[Para. 0269, Such files may include metadata about where and how the file should be “rigged” or used (i.e. a sneaker is affixed to an avatar's foot and para. 0270, The digital environment would query the metadata of the NFT to locate the file in the correct format for rendering and See Async Art, Page 1“owning a Layer means you have control over your artist’s work as Layers have special abilities decided by the artist. For example, you may be able to change the color, opacity, scale, rotation, and more. And as you may have guessed, when you change something on a layer, the Master image updates no matter who owns it”… “when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render” See also “The end result is rare artwork that can evolve dynamically over time with multiple owners. Additionally, the artworks can have pre-defined state changes” Examiner Note: Async Art is a platform for programmable crypto art, where a digital artwork is split into a "Master" and multiple "Layers" NFTs. The Master is the complete image, and the Layers are individual parts that can be owned and modified by collectors, changing the final artwork's appearance. The set of rules programmed into the layers by the artist, defining how they combine to form the final, dynamic scene. These includes instructions control how crypto art or collectible will render and also the rules or the special abilities set by the artist to change the color, opacity, scale, rotation, and more. These set of rules and instructions meets the limitation Metadata. In other words the Metadata in this context referred to the programmable rules and information associated with each layer, which could be changed by its owner or even external data sources]
9. Claims 4-5, 10-11, 13 and 18-19 is rejected under 35 U.S.C. 103 as being unpatentable over NPL Document, titled “What is Async Art? Programmable Crypto Art, (What is Async Art? Programmable Crypto Art, trade NFT artworks that can update dynamically over time and react to their owners) Dec. 27, 2020 (herein after referred as Async Art) view of Bennett Collen (US Publication No. 2022/0292588 A1) (Herein after referred as Collen) and further in view of NPL document, titled, “ERC-998 Composable Non-Fungible Token Standard" Pub. Date: 04/15/2018 (hereafter referred as ERC-998) and further in view of NPL document, titled, “Create your own Cryptovoxels wearables to use, sell or trade” herein after referred as “Cryptovoxels” (July 9, 2021)
As per dependent claim 4, the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 3 above. Furthermore Async Art discloses the method/system wherein the metadata includes information specifying [ Page 1“owning a Layer means you have control over your artist’s work as Layers have special abilities decided by the artist. For example, you may be able to change the color, opacity, scale, rotation, and more. And as you may have guessed, when you change something on a layer, the Master image updates no matter who owns it”… “when an artist creates programmable art they deploy a set of instructions on-chain. These instructions control how crypto art or collectible will render” See also “The end result is rare artwork that can evolve dynamically over time with multiple owners. Additionally, the artworks can have pre-defined state changes” Examiner Note: Async Art is a platform for programmable crypto art, where a digital artwork is split into a "Master" and multiple "Layers" NFTs. The Master is the complete image, and the Layers are individual parts that can be owned and modified by collectors, changing the final artwork's appearance. The set of rules programmed into the layers by the artist, defining how they combine to form the final, dynamic scene. These includes instructions control how crypto art or collectible will render and also the rules or the special abilities set by the artist to change the color, opacity, scale, rotation, and more. These set of rules and instructions meets the limitation Metadata. In other words the Metadata in this context referred to the programmable rules and information associated with each layer, which could be changed by its owner or even external data sources]that the one or more additional non-fungible digital assets [[See figure 1, the second layer/non-digital assets that is generated shown on figure 1, see the third layer/non-digital assets shown on figure 1 that represents part of the non-digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets. Both these layers NFT that shown on figure 1, meets the limitation, “one or more additional non-fungible digital assets”] are each configured to be located [See figure 1, the first Layers that is generated that includes the face above the neck. This first layer NFT meets the limitation, “a base layer non-fungible digital asset”. See page 1 and figure 1 where each layers are combined and located at a specific position to generate the Master. Examiner Note: As shown on figure 1, Async Art is a digital art platform that introduced programmable art, where an artwork is composed of different "Layers" that can be individually owned and manipulated to affect the overall appearance of a single "Master" image. The layers are dynamically combined to create the master work, which changes as its underlying layers are updated]
the combination of Async Art and Collen doesn’t explicitly disclose the underlined claim limitation:
“…wherein the metadata includes information specifying that the one or more additional non-fungible digital assets are each configured to be located at a predefined position with respect to the base layer non-fungible digital asset when combined with the base layer non-fungible digital asset”
However, Cryptovoxels discloses the above underlined claim limitation:
“…to be located at a predefined position with respect to the base layer non-fungible digital asset when combined…” [See Creating a wearable collection; Minting wearables on Cryptovoxels & OpenSea and Submitting a wearable collection and see how your own Cryptovoxels wearables NFTs can be used, sold or traded by adjusting the position/scale/rotation where each wearable can specify a position, rotation and scale values relative to the avatar anchor point/Metadata. See also where You can attach wearables to different parts of the body: Hips, Spine, Neck, Head, Shoulders, Arms, Hands, Legs & feet….a lot of options!. Examiner Note: Cryptovoxels wearables can be used, sold, and traded as NFTs. To create your own, you can mint a wearable by creating a
VOX file and using the in-game "Mint" button to upload it, set the number of issues, and agree to the terms of service. The resulting NFTs can be traded on marketplaces like OpenSea. ]
Async Art, Collen and Cryptovoxels are an analogous in the same field of endeavor as they all are directed to non-fungible token (NFTs) and blockchain technology.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement in the system of Async Art and Collen additional feature such as “…to be located at a predefined position with respect to the base layer non-fungible digital asset when combined…” as per teaching of Cryptovoxels for creating your own Cryptovoxels wearables that can be used, sold, and traded as NFTs. [See Cryptovoxels, title, Create your own Cryptovoxels wearables to use, sell or trade as (NFTs)]
As per dependent claim 5, the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 3 above. Furthermore, Async Art discloses the method/system, wherein the at least some of the one or more additional non-fungible digital assets [See figure 1, the second layer/non-digital assets that is generated shown on figure 1, see the third layer/non-digital assets shown on figure 1 that represents part of the non-digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets. Both these layers NFT that shown on figure 1, meets the limitation, “one or more additional non-fungible digital assets”] are configured to be located at [See figure 1, the first Layers that is generated that includes the face above the neck. This first layer NFT meets the limitation, “a base layer non-fungible digital asset”. See page 1 and figure 1 where each layers are combined and located at a specific position to generate the Master. Examiner Note: As shown on figure 1, Async Art is a digital art platform that introduced programmable art, where an artwork is composed of different "Layers" that can be individually owned and manipulated to affect the overall appearance of a single "Master" image. The layers are dynamically combined to create the master work, which changes as its underlying layers are updated]
The combination of Async Art and Collen doesn’t disclose the following underlined claim limitation: wherein “…to be located at a user selected position with respect to the base layer non-fungible digital asset when combined with the base layer non- fungible digital asset”
However, Cryptovoxels discloses the above underline claim limtiation:
“…be located at a user selected position with respect to the base layer non-fungible digital asset when combined with the base layer non- fungible digital asset [See Creating a wearable collection; Minting wearables on Cryptovoxels & OpenSea and Submitting a wearable collection and see how your own Cryptovoxels wearables NFTs can be used, sold or traded by adjusting the position/scale/rotation where each wearable can specify a position, rotation and scale values relative to the avatar anchor point/Metadata. See also where You can attach wearables to different parts of the body: Hips, Spine, Neck, Head, Shoulders, Arms, Hands, Legs & feet….a lot of options!. Examiner Note: Cryptovoxels wearables can be used, sold, and traded as NFTs. To create your own, you can mint a wearable by creating a
VOX file and using the in-game "Mint" button to upload it, set the number of issues, and agree to the terms of service. The resulting NFTs can be traded on marketplaces like OpenSea. ]
Async Art, Collen and Cryptovoxels are an analogous in the same field of endeavor as they all are directed to non-fungible token (NFTs) and blockchain technology.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement in the system of Async Art and Collen additional feature such as “….to be located at a user selected position with respect to the base layer non-fungible digital asset when combined with the base layer non- fungible digital asset” as per teaching of Cryptovoxels for creating your own Cryptovoxels wearables that can be used, sold, and traded as NFTs. [See Cryptovoxels, title, Create your own Cryptovoxels wearables to use, sell or trade as (NFTs)]
As per dependent claim 10, dependent claim 10 has the same scope as claim 4 and is rejected for the same reason as that of the above dependent claim 4.
As per dependent claim 11, the combination of Async Art, Collen and ERC-998 discloses the method/system as applied to claim 10 above. Furthermore, Async Art discloses the method/system, further comprising facilitating, by the digital asset management system, the one or more additional non-fungible digital assets [See figure 1, the second layer/non-digital assets that is generated shown on figure 1, see the third layer/non-digital assets shown on figure 1 that represents part of the non-digital assets/layer that is used to generate the Master/Collectible non-fungible digital assets. Both these layers NFT that shown on figure 1, meets the limitation, “one or more additional non-fungible digital assets”] assuming located [See figure 1, the first Layers that is generated that includes the face above the neck. This first layer NFT meets the limitation, “non-fungible digital asset”. See page 1 and figure 1 where each layers are combined and located at a specific position to generate the Master. Examiner Note: As shown on figure 1, Async Art is a digital art platform that introduced programmable art, where an artwork is composed of different "Layers" that can be individually owned and manipulated to affect the overall appearance of a single "Master" image. The layers are dynamically combined to create the master work, which changes as its underlying layers are updated]
However, Cryptovoxels discloses the above underlined claim limitation:
“..assuming the predefined position with respect to the non-fungible digital asset [See Creating a wearable collection; Minting wearables on Cryptovoxels & OpenSea and Submitting a wearable collection and see how your own Cryptovoxels wearables NFTs can be used, sold or traded by adjusting the position/scale/rotation where each wearable can specify a position, rotation and scale values relative to the avatar anchor point/Metadata. See also where You can attach wearables to different parts of the body: Hips, Spine, Neck, Head, Shoulders, Arms, Hands, Legs & feet….a lot of options!. Examiner Note: Cryptovoxels wearables can be used, sold, and traded as NFTs. To create your own, you can mint a wearable by creating a
VOX file and using the in-game "Mint" button to upload it, set the number of issues, and agree to the terms of service. The resulting NFTs can be traded on marketplaces like OpenSea. ]
Async Art, Collen and Cryptovoxels are an analogous in the same field of endeavor as they all are directed to non-fungible token (NFTs) and blockchain technology.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement in the system of Async Art and Collen additional feature option such as “...assuming the predefined position with respect to the non-fungible digital asset…” as per teaching of Cryptovoxels for creating your own Cryptovoxels wearables that can be used, sold, and traded as NFTs. [See Cryptovoxels, title, Create your own Cryptovoxels wearables to use, sell or trade as (NFTs)]
As per dependent claim 13, dependent claim 13 has the same scope as claim 5 and is rejected for the same reason as that of the above dependent claim 5.
As per dependent claim 18, dependent claim 18 has the same scope as claim 4 and is rejected for the same reason as that of the above dependent claim 4.
As per dependent claim 19, dependent claim 19 has the same scope as claim 5 and is rejected for the same reason as that of the above dependent claim 5.
10. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over NPL Document, titled “What is Async Art? Programmable Crypto Art, (What is Async Art? Programmable Crypto Art, trade NFT artworks that can update dynamically over time and react to their owners) Dec. 27, 2020 (herein after referred as Async Art) view of Bennett Collen (US Publication No. 2022/0292588 A1) (Herein after referred as Collen) and and further in view of NPL document, titled, “ERC-998 Composable Non-Fungible Token Standard" Pub. Date: 04/15/2018 (hereafter referred as ERC-998) and further in view of NPL document, titled, “ERC-721: Non-Fungible Token Standard” Ethereum Improvement Proposals (herein after referred as ERC-721) (Created on 01/24/2018)
As per dependent claim 15, the combination of Async Art, Collen and ERC-998 doesn’t disclose the method/system, further comprising: determining, by the digital asset management system, that a user of the computer system does not currently own at least some non-fungible digital assets included in the set of collectible non-fungible digital assets; and providing, by the digital asset management system to the user of the computer system, a notification indicating which of the at least some non-fungible digital assets the user does not currently own.
However ERC-721 does discloses:
determining, by the digital asset management system, that a user of the computer system does not currently own at least some non-fungible digital assets included in the set of collectible non-fungible digital assets; and providing, by the digital asset management system to the user of the computer system, a notification indicating which of the at least some non-fungible digital assets the user does not currently own.[See Specification where Interface emits when ownership of any NFT changes by any mechanism…. not the current owner. Throws if `_to` is the zero address. Throws if….See also abstract, NFTs being owned and transacted by individuals as well as consignment to third party brokers/wallets/auctioneers (“operators”). NFTs can represent ownership over digital or physical assets]
Async Art, Collen and ERC-721 are an analogous in the same field of endeavor as they all are directed to non-fungible token (NFTs) and blockchain technology.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement in the system of Async Art and Collen additional feature such as “determining, by the digital asset management system, that a user of the computer system does not currently own at least some non-fungible digital assets included in the set of collectible non-fungible digital assets; and providing, by the digital asset management system to the user of the computer system, a notification indicating which of the at least some non-fungible digital assets the user does not currently own” as per teaching of ERC-721 for proving a standard interface that track an arbitrarily large number of NFTs and allows wallet/broker/auction applications to work with any NFT on a blockchain or Ethereum. [See ERC-721, Motivation, A standard interface allows wallet/broker/auction applications to work with any NFT on Ethereum. We provide for simple ERC-721 smart contracts as well as contracts that track an arbitrarily large number of NFTs.]
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A, US Publication No. 20220358186 to Deuel discloses techniques for generating and issuing secondary digital assets based on ownership of primary assets. These techniques include determining that a recipient owns a first asset relating to an entity, and identifying a second asset relating to the entity, where the second asset includes a token and an associated digital asset, and where information relating to the second asset is included in a blockchain. The techniques further include, based on the determining that the recipient owns the first asset, distributing the second asset to the recipient, including recording data in the blockchain, the data relating to distribution of the second asset to the recipient. The techniques further include modifying the second asset based on a change relating to the first asset.
B. US Publication No. 2021/0133700 A1 to Williams discloses a system and corresponding method exchange a nonfungible token (NFT) via blockchain cross-chain fungible token transfers. The system comprises first and second blockchains. The first blockchain holds the NFT in a first escrow digital wallet. The NFT is available for trade by a seller and is associated with a trade value. The first blockchain monitors a balance of fungible tokens, owned by a buyer, that are transferred from a second blockchain to a second escrow digital wallet of the first blockchain. In response to detecting that the balance monitored represents the trade value, the first blockchain transfers, simultaneously, (i) the NFT from the first escrow digital wallet to a first digital wallet of the first blockchain, the first digital wallet owned by the buyer, and (ii) the balance of fungible tokens from the second escrow digital wallet to a second digital wallet of the second blockchain, the second digital wallet owned by the seller.
C. US Patent No. 11,075,891 B1 to Long discloses methods and systems that are described for implementing decentralized digital rights management (DRM) within a decentralized network, satisfying an important need of content owners. First, the method implemented by a source cacher node includes broadcasting, to one or more viewer peer nodes in the decentralized network, a notification of the source cacher node's intent to transmit a data stream. Then, recording a smart contract on a blockchain associated with the decentralized network, the smart contract associated with the data stream and allowing the authentication of a viewer peer node through the smart contract by an ownership of a non-fungible token (NFT) in order to receive a data key to decrypt the data stream. Next, receiving a request from an authenticated viewer peer node for receiving the data stream. Finally, generating an encrypted data stream based on the data stream and the data key to decrypt the data stream, and transmitting the encrypted data stream and the data key to the authenticated viewer peer node.
D. See the other cited references.
12. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMSON B LEMMA whose telephone number is 571-272-3806. The examiner can normally be reached on M-F 8am-10pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Yin-Chen Shaw can be reached on 571-272-8878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMSON B LEMMA/Primary Examiner, Art Unit 2498
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