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 .
Specification
The use of the trademarks BLUETOOTH [paragraph 0075]; GOOGLE [paragraphs 0070, 0071]; PAYPAL [paragraphs 0070, 0090]; VENMO [paragraphs 0070, 0090]; ZELLE [paragraph 0070]; SQUARE [paragraphs 0070, 0090]; WEPAY [paragraph 0070]; SKRILL [paragraph 0070]; PAYZA [paragraph 0070]; STRIPE [paragraph 0070]; DWOLLA [paragraph 0070]; AMAZON PAY [paragraph 0070]; 2CHECKOUT [paragraph 0070]; SIRI [paragraph 0071]; ALEXA [paragraph 0071]; CORTANA [paragraph 0071]; DWOLLA [paragraphs 0070, 0090]; QUICKEN [paragraph 0090], have been noted in this application. They should be capitalized wherever they appear and be accompanied by the generic terminology.
Although the use of trademarks is permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as trademarks.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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.
Claims 1-2, 5-6, 9-11, 16-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Molinari et al., (US 20170011460 A1) hereinafter referred to as Molinari.
Regarding Claims 1 and 16, Molinar discloses A method for registering a claim of ownership rights, comprising: receiving data associated with an asset in a data registry system; [paragraph 0073, An individual, entity or other user 105 may submit a request to become an issuer on the system 100. The user 105 may be required to fill out an input form that is made accessible via the platform 150 or the cryptographic wallets 125, and which permits the user 105 to provide information and upload documents pertaining to the user 105. The information submitted by the potential issuer may be stored on the platform 150 and/or embedded on the blockchain ledger 175]
automatically assigning a unique identifier for the data; automatically identifying and classifying the data; [paragraph 0073, An administrator user 105 may review the information submitted and determine whether the user 105 is eligible to be an issuer. If the administrator determines the potential issuer is eligible to be an issuer, the user 105 may be assigned a unique issuer ID] [paragraph 0073, All or a portion of the above-described onboarding activities may be performed in connection with a smart contract that gathers the above-described information – describes automated or “automatic” execution of the assigning and identifying of the data]
authenticating and verifying the data, asset, and a potential claim associated with the asset; [paragraph 0088, Prior to being added to the blockchain ledger 175, the new data block 275 being added to the blockchain ledger 175 may be validated and authenticated across the distributed peer-to-peer network 190]
creating a digital representation of the asset including at least a claim in the data registry system; storing the claim in a digital ledger associated with the data registry system; and answering requests for information associated with the claim. [paragraph 0042, in addition to storing virtual currencies, the cryptographic wallet 125 utilized by the system 100 may be additionally configured to implement a “cryptographic portfolio” that can create, store, transfer and manage virtual data tokens associated with securities and other related information]
Regarding Claim 2, Molinari discloses further comprising: receiving user preferences from a user specifying how the data may be utilized. [paragraph 0043, The cryptographic wallets 125 utilize complex cryptography to protect the assets of the users 105, and further include code or instructions that implement a protocol for exchanging data tokens, creating new security offerings, transferring ownership of the securities, pooling investments, and/or performing any other associated activities (e.g., such as generating and utilizing cryptographic keys, generating local and network messages, updating ledgers, etc.)… the protocols can decrypt the necessary information associated with the appropriate blocks on the blockchain ledger 175 and validate the transactions among sellers and purchasers by checking the information stored in the blockchain ledger 175. The cryptographic wallets 125 may also be used for administering and transferring currencies or funds (e.g., crypto currencies or non-crypto currencies and funds), which can be used to purchase assets that are listed on the system 100]
Regarding Claims 5, 11, and 17, Molinari discloses wherein the digital representation is a blockchain token. [paragraph 0042, in addition to storing virtual currencies, the cryptographic wallet 125 utilized by the system 100 may be additionally configured to implement a “cryptographic portfolio” that can create, store, transfer and manage virtual data tokens associated with securities and other related information]
Regarding Claims 6 and 20, Molinari discloses wherein the asset is a tangible asset or intangible asset. [paragraph 0043, The cryptographic wallets 125 utilize complex cryptography to protect the assets of the users 105, and further include code or instructions that implement a protocol for exchanging data tokens, creating new security offerings, transferring ownership of the securities, pooling investments, and/or performing any other associated activities (e.g., such as generating and utilizing cryptographic keys, generating local and network messages, updating ledgers, etc.)… the protocols can decrypt the necessary information associated with the appropriate blocks on the blockchain ledger 175 and validate the transactions among sellers and purchasers by checking the information stored in the blockchain ledger 175. The cryptographic wallets 125 may also be used for administering and transferring currencies or funds (e.g., crypto currencies or non-crypto currencies and funds), which can be used to purchase assets that are listed on the system 100]
Regarding Claim 9, Molinari discloses wherein the data is retrieved from a third-party source. [paragraph 0101, Likewise, the smart contract can also analyze the blocks 275 to determine whether a third party having a right of first refusal had previously been offered the contact and automatically confirm or deny the contract based on whether this condition was satisfied]
Regarding Claim 10, Molinari discloses A system for registering a claim for an asset, comprising: a plurality of electronic devices executing a data application, the data application is configured to capture the data associated with a user; and a data registry accessible by the plurality of electronic devices executing the data application through one or more networks, wherein the data registry receive data associated with an asset, [paragraph 0073, An individual, entity or other user 105 may submit a request to become an issuer on the system 100. The user 105 may be required to fill out an input form that is made accessible via the platform 150 or the cryptographic wallets 125, and which permits the user 105 to provide information and upload documents pertaining to the user 105. The information submitted by the potential issuer may be stored on the platform 150 and/or embedded on the blockchain ledger 175]
automatically assigning a unique identifier for the data, automatically identify and classify the data, [paragraph 0073, An administrator user 105 may review the information submitted and determine whether the user 105 is eligible to be an issuer. If the administrator determines the potential issuer is eligible to be an issuer, the user 105 may be assigned a unique issuer ID] [paragraph 0073, All or a portion of the above-described onboarding activities may be performed in connection with a smart contract that gathers the above-described information – describes automated or “automatic” execution of the assigning and identifying of the data]
authenticate and verify the data, asset, and a potential claim associated with the asset, [paragraph 0088, Prior to being added to the blockchain ledger 175, the new data block 275 being added to the blockchain ledger 175 may be validated and authenticated across the distributed peer-to-peer network 190]
tokenizes the data associated with the asset including at least a claim in the data registry, store the claim in a digital ledger associated with the data registry, and answer requests for information associated with the claim. [paragraph 0042, in addition to storing virtual currencies, the cryptographic wallet 125 utilized by the system 100 may be additionally configured to implement a “cryptographic portfolio” that can create, store, transfer and manage virtual data tokens associated with securities and other related information]
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 3-4, 7-8, 12, 15, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Molinari, as applied to Claims 1, 10, and 16, respectively, above, in view of Kolb et al., (US 20180218456 A1) hereinafter referred to as Kolb.
Regarding Claim 3, Molinari does not explicitly teach further comprising: requesting additional data in response to determining the data is incomplete.
Kolb teaches further comprising: requesting additional data in response to determining the data is incomplete. [paragraph 0119, Agents and carriers may send requests to policyholders for additional data needed to underwrite risk. After selecting a data element needed and sending it to the policyholder, the policyholder may then input that data into the servicing portal directly rather than requiring an agent to collect it and send it to the carrier. The system also provides for incentivizing any participant in the network system to improve data quality by paying them when they add missing data, mark data as incorrect, validate that data is correct, or provide corrected data, for example – additional data is requested when more data is needed “to underwrite risk” which means the data is incomplete]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Kolb with the disclosure of Molinari. The motivation or suggestion would have been to provide a means to obtain necessary data. (paragraph 0119)
Regarding Claim 4, Molinari does not explicitly teach wherein the request is a query.
Kolb teaches wherein the request is a query. [paragraph 0119, Agents and carriers may send requests to policyholders for additional data needed to underwrite risk. After selecting a data element needed and sending it to the policyholder, the policyholder may then input that data into the servicing portal directly rather than requiring an agent to collect it and send it to the carrier. The system also provides for incentivizing any participant in the network system to improve data quality by paying them when they add missing data, mark data as incorrect, validate that data is correct, or provide corrected data, for example]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Kolb with the disclosure of Molinari. The motivation or suggestion would have been to provide a means to obtain necessary data. (paragraph 0119)
Regarding Claims 7 and 18, Molinari does not explicitly teach wherein the asset is classified utilizing NAICS codes, IPC, WIPO, or other industry classifications or standards.
Kolb teaches wherein the asset is classified utilizing NAICS codes, IPC, WIPO, or other industry classifications or standards. [paragraph 0110, The policy issuance tool provides for managing carrier appetite. By defining appetite at a market level, carriers may define the business that they are sent at a very granular level. This tool includes the ability to set desirability, gates, and alerts for business in a given market. Carriers may manage their appetites by defining markets that they have interest in. Traditionally this would be done by creating a spreadsheet that defines how they will react to a quote with certain characteristics. These characteristics would typically revolve around a SIC or NAICS code, and would map to how the carrier will handle a submission for this type of business]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Kolb with the disclosure of Molinari. The motivation or suggestion would have been to provide a means to obtain necessary data. (paragraph 0119)
Regarding Claims 8, 15, and 19, Molinari does not explicitly teach further comprising: updating the data and the associated claim in response to changes to the data.
Kolb teaches further comprising: updating the data and the associated claim in response to changes to the data. [paragraph 0119, Agents and carriers may send requests to policyholders for additional data needed to underwrite risk. After selecting a data element needed and sending it to the policyholder, the policyholder may then input that data into the servicing portal directly rather than requiring an agent to collect it and send it to the carrier. The system also provides for incentivizing any participant in the network system to improve data quality by paying them when they add missing data, mark data as incorrect, validate that data is correct, or provide corrected data, for example]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Kolb with the disclosure of Molinari. The motivation or suggestion would have been to provide a means to obtain necessary data. (paragraph 0119)
Regarding Claim 12, Molinari discloses and wherein the data registry includes a relational database. [paragraph 0009, Each of the computing devices includes a processor and a physical storage medium that stores at least a portion of a distributed blockchain ledger that includes a distributed database that records information associated with security transactions that occur on the peer-to-peer communication network]
Molinari does not explicitly teach wherein the request is a query.
Kolb teaches wherein the request is a query, [paragraph 0119, Agents and carriers may send requests to policyholders for additional data needed to underwrite risk. After selecting a data element needed and sending it to the policyholder, the policyholder may then input that data into the servicing portal directly rather than requiring an agent to collect it and send it to the carrier. The system also provides for incentivizing any participant in the network system to improve data quality by paying them when they add missing data, mark data as incorrect, validate that data is correct, or provide corrected data, for example]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Kolb with the disclosure of Molinari. The motivation or suggestion would have been to provide a means to obtain necessary data. (paragraph 0119)
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Molinari, as applied to Claim 10, above, in view of Gaddam et al., (US 20220050897 A1) hereinafter referred to as Gaddam.
Regarding Claim 13, Molinari does not explicitly teach wherein the data registry utilizes artificial intelligence and/or machine learning to identify, classify, authenticate, and verify the data associated with the asset.
Gaddam teaches wherein the data registry utilizes artificial intelligence and/or machine learning to identify, classify, authenticate, and verify the data associated with the asset. [paragraph 0044, A “machine learning model” may include an application of artificial intelligence that provides systems with the ability to automatically learn and improve from experience without explicitly being programmed. A machine learning model may include a set of software routines and parameters that can predict an output of a process (e.g., identification of an attacker of a computer network, authentication of a computer, a suitable recommendation based on a user search query, etc.) based on a “feature vector” or other input data. A structure of the software routines (e.g., number of subroutines and the relation between them) and/or the values of the parameters can be determined in a training process, which can use actual results of the process that is being modeled, e.g., the identification of different classes of input data. Examples of machine learning models include support vector machines, models that classify data by establishing a gap or boundary between inputs of different classifications, as well as neural networks, collections of artificial “neurons” that perform functions by activating in response to inputs] [paragraph 0109, The microservice evaluator 704 may parse each microservice identifier and determine if a machine learning model that corresponds to that microservice exists. The microservice evaluator 704 can verify the existence of a corresponding machine learning model by querying a machine learning model database using the microservice identifier or other metadata. The machine learning model database may store records or instances of machine learning models organized in relation to the microservice identifiers or other features. If a machine learning model corresponding to a particular microservice does not exist, the microservice evaluator 704 can generate a new record in the database and begin training a machine learning model corresponding to that microservice]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Gaddam with the disclosure of Molinari. The motivation or suggestion would have been for generating security policies for services. (Abstract)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Molinari in view of Gaddam, as applied to Claim 13, above, and further in view of Kolb.
Regarding Claim 14, the combination of Molinari and Gaddam does not explicitly teach wherein the asset is classified utilizing NAICS codes, IPC, WIPO, or other industry classifications or standards.
Kolb teaches wherein the asset is classified utilizing NAICS codes, IPC, WIPO, or other industry classifications or standards. [paragraph 0110, The policy issuance tool provides for managing carrier appetite. By defining appetite at a market level, carriers may define the business that they are sent at a very granular level. This tool includes the ability to set desirability, gates, and alerts for business in a given market. Carriers may manage their appetites by defining markets that they have interest in. Traditionally this would be done by creating a spreadsheet that defines how they will react to a quote with certain characteristics. These characteristics would typically revolve around a SIC or NAICS code, and would map to how the carrier will handle a submission for this type of business]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Kolb with the disclosures of Molinari and Gaddam. The motivation or suggestion would have been to provide a means to obtain necessary data. (paragraph 0119)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J STEINLE whose telephone number is (571)272-9923. The examiner can normally be reached M-F 10am-6pm CT.
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/ANDREW J STEINLE/Primary Examiner, Art Unit 2497