Detailed Action
Claims 1-20 are pending and are examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-14 are currently amended.
Claims 15-20 are newly added.
Response to Remarks
35 U.S.C. § 101
The claims are reasonably characterized as methods of organizing human activity, as they are directed to assigning digital tokens to wallets, associating those tokens with digital assets, and managing access rights and conditions governing how those assets may be processed. These activities relate to the management and control of digital rights and permission, which fall within recognized abstract idea groupings. Applicant further argues that the claims require the use of a particular device and provide a technical improvement by ‘securing the overall processing applied to the digital asset while keeping record of the different processing steps’. However, the claims merely recite generic components, such as an electronic device communicatively connected to a server, without specifying any particular technical implementation or improvement to the functioning of those components. The claims primarily describe information content stored in a digital token (e.g. input access conditions and post-processing access conditions), rather than reciting concrete processing steps or a specific technical mechanism that transforms the digital asset in a non-conventional manner. The claimed ‘processing’ step is not technically detailed, and the claims do not explain how the recited access conditions are enforced in a way that improves computer or network functionality. Accordingly, this contention is unpersuasive.
U.S.C. § 102 and § 103
Remark 1: Applicant argues “the art fails to disclose or suggest the claimed features. For example, none of the references teaches or suggests, at least, the concepts of an initial digital token comprising post-processing access conditions to the input digital asset after the execution of the processing step, the post-processing access conditions corresponding to access conditions set for performing changes to the input digital asset after the execution of the processing step, as is recited in amended Claim 1. The outstanding Office Action asserts that Long teaches post-processing conditions. . . The Long reference, however, does not mention (nor is it concerned with) having post-processing access conditions set forth in the NFT, these conditions corresponding to access conditions set for performing changes to the input digital asset after the execution of the processing step, as set forth by Applicant's Claim 1. . .Consequently, Long does not (and cannot) disclose or somehow suggest at least creating an initial digital token comprising post-processing access conditions to the input digital asset after the execution of the processing step, the post-processing access conditions corresponding to access conditions set for performing changes to the input digital asset after the execution of the processing step, as recited by Applicant's Claim 1. Although the Office did not rely on Meilich to show such concepts, Applicant respectfully submits that Meilich fails to cure the deficiencies of Meilich.” (Applicant Arguments, 2025-09-19).
Response to Remark 1: Examiner respectfully disagrees, as the cited references (e.g. Long and Meilich) still teach the amended independent claims, as shown at least in column 6, lines 17-20, 26-31, and 37-40 of Long, and paragraphs 10, and 16-17 of Meilich, and as further outlined in paragraphs 42-45 of this action. Indeed, Long teaches that, following a content processing step such encryption and delivery, access control policies are applied that explicitly govern whether modification, reproduction, or other changes to the digital asset are permitted, thereby constituting post-processing access conditions corresponding to permissions for performing changes to the input digital asset. Accordingly, this contention is unpersuasive.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-5
Step 1
Claim 1 is directed to a computer-implemented method (i.e., process). Therefore, these claims fall within the four statutory categories of invention, and thus must be further analyzed at Step 2A to determine if the claims are directed to a judicial exception (See MPEP 2106.03, subsection II).
Step 2A Prong One
In Prong One examiners evaluate whether the claim recites a judicial exception, i.e., whether a law of nature, natural phenomenon, or abstract idea is set forth or described in the claim. Claim 1 recites (i.e., sets forth or describes) an abstract idea of enforcing blockchain access using NFTs. Specifically, but for the additional elements, the claim under its broadest reasonable interpretation recites limitations grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The certain method of organizing human activity grouping is used to describe fundamental economic principles or practices, commercial or legal interactions, and managing personal behavior or relationships or interactions between people. Fundamental economic principles or practices are relating to the economy and commerce, or recite hedging, insurance, and mitigating risks. Commercial or legal interactions recite agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. Managing personal behavior or relationships or interactions between people recite social activities, teaching, and following rules or instructions. See MPEP § 2106.04(a)(2), subsection II. The claim limitations reciting the abstract ideas are grouped within the “certain methods of organizing human activity” grouping of abstract ideas because the limitations recite fundamental economic principles or practices, as they recite mitigating risk, commercial or legal interactions, as they recite sales activities or behaviors. More specifically, the following underlined claim elements recite abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a).
A method for securing processing of an initial digital asset according to at least one processing step delivering an output digital asset from an input digital asset which is a function of said initial digital asset, said input digital asset and said output digital asset being associated to corresponding access conditions, said at least one processing step being executed by at least one processor electronic device communicatively connected to at least one server implementing a blockchain, the method comprising:
creating, by a producer electronic device communicatively connected to the at least one server,
creating an initial digital token assigned to a producer wallet associated with said producer electronic device in said blockchain, said initial digital token being associated with said initial digital asset, said digital token comprising:
input access conditions to the initial digital asset before execution of a first processing step among said at least one processing step, said first processing step delivering a first output digital asset from said initial digital asset; and
for said at least one processing step delivering an output digital asset from an input digital asset which is a function of said initial digital asset, said initial digital token comprises:
post-processing access conditions to the input digital asset after the execution of the processing step; and
output access conditions to the output digital asset delivered by the processing step, the post-processing access conditions corresponding to access conditions set for performing changes to the input digital asset after the execution of the processing step; and
assigning, by the producer electronic device the initial digital token to a wallet, in said blockchain, associated with a first processor electronic device implementing said first processing step
Step 2A Prong Two
In Prong Two, examiners evaluate whether the claim as a whole integrates the exception into a practical application of that exception. A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. Here, claim 1 as a whole, looking at the identified additional elements individually and in combination, does not integrate the judicial exception into a practical application. First, the non-underlined additional elements merely serve as a tool to perform the abstract idea (MPEP § 2106.05(f)). Additionally, regarding the specification and claims, there is no improvement in the functioning of a computer or an improvement to other technology or technical field present (MPEP §§ 2106.04(d)(1) and 2106.05(a)), there is no applying or using the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition present (MPEP § 2106.04(d)(2)), there is no implementing the judicial exception with or using the judicial exception in conjunction with a particular machine or manufacture that is integral to the claim present (MPEP § 2106.05(b)), there is no effecting a transformation or reduction of a particular article to a different state or thing present (MPEP § 2106.05(c)), and there is no applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment present, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP § 2106.05(e)). Thus, the claim as a whole is directed to a judicial exception and thus requires further analysis at Step 2B to determine if the claim as a whole, amounts to significantly more than the exception itself (See MPEP 2106.04, subsection II).
Step 2B
Step 2B determines whether the claim as a whole amount to significantly more than the exception itself. Evaluating additional elements to determine whether they amount to an inventive concept requires considering them both individually and in combination to ensure that they amount to significantly more than the judicial exception itself. Here, the additional elements, taken individually and in combination, do not result in claim 1, as a whole, amounting to significantly more than the judicial exception. As discussed previously with respect to Step 2A, the additional elements merely serve as a tool to perform an abstract idea, and generally links the use of the judicial exception to a particular technological environment. Thus, there is no inventive concept in the claim and thus the claim is not eligible, warranting a rejection for lack of subject matter eligibility and concluding the eligibility analysis.
Dependent Claims:
Claims 2-5 have also been analyzed. However, the subject matter of these claims also fails to recite patent eligible subject matter for the following reasons:
Claim 2 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of granting or denying processing rights. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
assigning, by the producer electronic device, access rights to said at least one processor electronic device for having said processor electronic device allowed or not to execute all or part of said at least one processing step according to said access conditions.
Claim 3 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of producing a notification. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
receiving, by the producer electronic device from said blockchain, an information indicating that a derivative digital token has been assigned by a second processor electronic device to the producer wallet, the second processor electronic device implementing at least one second processing step among said at least one processing step, the second processing step delivering a second output digital asset from the first output digital asset, said derivative digital token being associated with said second output digital asset and comprising access conditions to said second output digital asset.
Claim 4 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of derivative NFT cascades inherited conditions. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
input access conditions to the second output digital asset before execution of a third processing step among said at least one processing step, said third processing step delivering a third output digital asset from said second output digital asset, said input access conditions to the second output digital asset before execution of the third processing step being the output access conditions to the second output digital asset delivered by the second processing step; and
for at least one further processing step among said at least one processing step, the further processing step delivering a further output digital asset from a further input digital asset which is a function of said initial digital asset, said derivative digital token comprises:
post-processing access conditions to said further input digital asset after the execution of the further processing step; and
output access conditions to said further output digital asset delivered by the further processing step,
at least one of said further input digital asset being said second output digital asset, the respective further output digital asset being said third output digital asset.
Claim 5 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of facilitating the downstream journey of the NFT. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
assigning, by the producer electronic device, the derivative digital token to a wallet, in said blockchain, associated with a third processor electronic device implementing said third processing step delivering a third output digital asset from said second output digital asset.
Claims 6-12
Step 1
Claim 6 is directed to a computer-implemented method (i.e., process). Therefore, these claims fall within the four statutory categories of invention, and thus must be further analyzed at Step 2A to determine if the claims are directed to a judicial exception (See MPEP 2106.03, subsection II).
Step 2A Prong One
In Prong One examiners evaluate whether the claim recites a judicial exception, i.e., whether a law of nature, natural phenomenon, or abstract idea is set forth or described in the claim. Claim 6 recites (i.e., sets forth or describes) an abstract idea of enforcing blockchain access using NFTs. Specifically, but for the additional elements, the claim under its broadest reasonable interpretation recites limitations grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The certain method of organizing human activity grouping is used to describe fundamental economic principles or practices, commercial or legal interactions, and managing personal behavior or relationships or interactions between people. Fundamental economic principles or practices are relating to the economy and commerce, or recite hedging, insurance, and mitigating risks. Commercial or legal interactions recite agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. Managing personal behavior or relationships or interactions between people recite social activities, teaching, and following rules or instructions. See MPEP § 2106.04(a)(2), subsection II. The claim limitations reciting the abstract ideas are grouped within the “certain methods of organizing human activity” grouping of abstract ideas because the limitations recite fundamental economic principles or practices, as they recite mitigating risk, commercial or legal interactions, as they recite sales activities or behaviors. More specifically, the following underlined claim elements recite abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a).
A method for securing processing of an initial digital asset according to at least one processing step delivering an output digital asset from an input digital asset which is a function of said initial digital asset, said input digital asset and said output digital asset being associated to corresponding access conditions, said at least one processing step being executed by at least one processor electronic device communicatively connected to at least one server implementing a blockchain,
wherein a processor electronic device implements at least one processing step among said at least one processing step, the processing step delivering a output digital asset from a input digital asset function of said initial digital asset, the method comprising:
receiving, by the processor electronic device from said blockchain, an information indicating that an input digital token has been assigned to a wallet, in said blockchain, associated with the processor electronic device, said input digital token being associated with said input digital asset, said input digital token comprising:
input access condition, to the input digital asset before execution of the processing step;
for at least one further processing step among said at least one processing step, the further processing step delivering a further output digital asset from a further input digital asset which is a function of said initial digital asset, said input digital token comprises:
post-processing access conditions to the further input digital asset after the execution of the processing step, the post-processing access conditions corresponding to access conditions set for performing changes to the input digital asset after the execution of the processing step; and
output access conditions to the further output digital asset,
at least one of said further input digital asset being said input digital asset, the respective further output digital asset being said output digital asset;
comparing, by the processor electronic device, the input access conditions to the input digital asset with access rights previously assigned to the processor electronic device delivering an information representative of the processor electronic device being allowed or not to execute said processing step:
when said information is representative of the processor electronic device being allowed to execute said processing step:
executing said processing step; and
generating a derivative digital token, in said blockchain, associated with said output digital asset, said derivative digital token comprising access conditions to said output digital asset.
Step 2A Prong Two
In Prong Two, examiners evaluate whether the claim as a whole integrates the exception into a practical application of that exception. A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. Here, claim 1 as a whole, looking at the identified additional elements individually and in combination, does not integrate the judicial exception into a practical application. First, the non-underlined additional elements merely serve as a tool to perform the abstract idea (MPEP § 2106.05(f)). Additionally, regarding the specification and claims, there is no improvement in the functioning of a computer or an improvement to other technology or technical field present (MPEP §§ 2106.04(d)(1) and 2106.05(a)), there is no applying or using the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition present (MPEP § 2106.04(d)(2)), there is no implementing the judicial exception with or using the judicial exception in conjunction with a particular machine or manufacture that is integral to the claim present (MPEP § 2106.05(b)), there is no effecting a transformation or reduction of a particular article to a different state or thing present (MPEP § 2106.05(c)), and there is no applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment present, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP § 2106.05(e)). Thus, the claim as a whole is directed to a judicial exception and thus requires further analysis at Step 2B to determine if the claim as a whole, amounts to significantly more than the exception itself (See MPEP 2106.04, subsection II).
Step 2B
Step 2B determines whether the claim as a whole amount to significantly more than the exception itself. Evaluating additional elements to determine whether they amount to an inventive concept requires considering them both individually and in combination to ensure that they amount to significantly more than the judicial exception itself. Here, the additional elements, taken individually and in combination, do not result in claim 6, as a whole, amounting to significantly more than the judicial exception. As discussed previously with respect to Step 2A, the additional elements merely serve as a tool to perform an abstract idea, and generally links the use of the judicial exception to a particular technological environment. Thus, there is no inventive concept in the claim and thus the claim is not eligible, warranting a rejection for lack of subject matter eligibility and concluding the eligibility analysis.
Dependent Claims:
Claims 7-12 have also been analyzed. However, the subject matter of these claims also fails to recite patent eligible subject matter for the following reasons:
Claim 7 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of reporting access denial. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
wherein when said information is representative of the processor electronic device not being allowed to execute said processing step, the processor electronic device executes:
sending, by the processor electronic device to said blockchain, an information indicating that the processor electronic device is not allowed to execute said processing step.
Claim 8 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of an NFT setting rules. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
input access conditions to the output digital asset before execution of a further processing step among said at least one processing step, the further processing step delivering a further output digital asset from a further input digital asset which is a function of said initial digital asset, said further input digital asset being said output digital asset delivered by the processing step, said input access conditions to the further input digital asset before execution of the further processing step being the output access conditions to the output digital asset; and
for at least one further processing step among said at least one processing step, the further processing step delivering a further output digital asset from a further input digital asset which is a function of said initial digital asset, said derivative digital token comprises:
post-processing access conditions to said further input digital asset after the execution of the further processing step; and
output access conditions to said further output digital asset delivered by the further processing step,
at least one of said further input digital asset being said output digital asset, the respective further output digital asset being said further output digital asset.
Claim 9 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of rights assignment. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
wherein the processor electronic device executes:
receiving, by the processor electronic device from a producer electronic device communicatively connected to said at least one server, said access rights for having said processor electronic device allowed or not to execute said at least one processing step according to said access conditions.
Claim 10 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of transfers of an NFT downstream. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
assigning, by the processor electronic device, the derivative digital token to a wallet, in said blockchain, associated with a further processor electronic device implementing said further processing step among said at least one processing step.
Claim 11 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of returning an NFT to its producer. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
assigning, by the processor electronic device, the derivative NFT to a wallet, in said blockchain, associated with said producer electronic device.
Claim 12 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of software embodying the blockchain-permission method. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
A non-transitory computer-readable storage medium including computer executable instructions, wherein the instructions, when executed by a computer, cause the computer to perform the method according to claim 1.
Claim 13:
Step 1
Claim 13 is directed to a computer-implemented system (i.e., machine, and manufacture). Therefore, this claim falls within the four statutory categories of invention, and thus must be further analyzed at Step 2A to determine if the claims are directed to a judicial exception (See MPEP 2106.03, subsection II).
Step 2A Prong One
In Prong One examiners evaluate whether the claim recites a judicial exception, i.e., whether a law of nature, natural phenomenon, or abstract idea is set forth or described in the claim. Claim 13 recites (i.e., sets forth or describes) an abstract idea of enforcing blockchain access using NFTs. Specifically, but for the additional elements, the claim under its broadest reasonable interpretation recites limitations grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The certain method of organizing human activity grouping is used to describe fundamental economic principles or practices, commercial or legal interactions, and managing personal behavior or relationships or interactions between people. Fundamental economic principles or practices are relating to the economy and commerce, or recite hedging, insurance, and mitigating risks. Commercial or legal interactions recite agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. Managing personal behavior or relationships or interactions between people recite social activities, teaching, and following rules or instructions. See MPEP § 2106.04(a)(2), subsection II. The claim limitations reciting the abstract ideas are grouped within the “certain methods of organizing human activity” grouping of abstract ideas because the limitations recite fundamental economic principles or practices, as they recite mitigating risk, commercial or legal interactions, as they recite sales activities or behaviors. More specifically, the following underlined claim elements recite abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a).
An producer electronic device, named producer electronic device, for securing processing of an initial digital asset, according to at least one processing step delivering an output digital asset from an input digital asset which is a function of said initial digital asset, said input digital asset and said output digital asset being associated to corresponding access conditions, said at least one processing step being executed by at least one processor electronic device communicatively connected to at least one server implementing a blockchain, said producer electronic device being communicatively connected to said at least one server, comprising:
processing circuitry configured for:
create an initial digital token assigned to a producer wallet, in said blockchain, said producer wallet being associated with said producer electronic device and said initial digital token being associated with said initial digital asset, said initial digital token comprising:
input access condition to the initial digital asset before execution of a first processing step among said at least one processing step, said first processing step delivering a first output digital asset from said initial digital asset, and
for said at least one processing step delivering an output digital asset from an input digital asset which is a function of said initial digital asset, said initial digital token comprises:
post-processing access conditions to the input digital asset after the execution of the processing step, the post-processing access conditions corresponding to access conditions set for performing changes to the input digital asset after the execution of the processing step; and
output access conditions to the output digital asset delivered by the processing step,
at least one of said input digital asset being said initial digital asset, the respective output digital asset being said first output digital asset; and
assign the initial digital token to a wallet, in said blockchain, associated with a first processor electronic device implementing said first processing step.
Step 2A Prong Two
In Prong Two, examiners evaluate whether the claim as a whole integrates the exception into a practical application of that exception. A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. Here, claim 13 as a whole, looking at the identified additional elements individually and in combination, does not integrate the judicial exception into a practical application. First, the non-underlined additional elements merely serve as a tool to perform the abstract idea (MPEP § 2106.05(f)). Additionally, regarding the specification and claims, there is no improvement in the functioning of a computer or an improvement to other technology or technical field present (MPEP §§ 2106.04(d)(1) and 2106.05(a)), there is no applying or using the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition present (MPEP § 2106.04(d)(2)), there is no implementing the judicial exception with or using the judicial exception in conjunction with a particular machine or manufacture that is integral to the claim present (MPEP § 2106.05(b)), there is no effecting a transformation or reduction of a particular article to a different state or thing present (MPEP § 2106.05(c)), and there is no applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment present, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP § 2106.05(e)). Thus, the claim as a whole is directed to a judicial exception and thus requires further analysis at Step 2B to determine if the claim as a whole, amounts to significantly more than the exception itself (See MPEP 2106.04, subsection II).
Step 2B
Step 2B determines whether the claim as a whole amount to significantly more than the exception itself. Evaluating additional elements to determine whether they amount to an inventive concept requires considering them both individually and in combination to ensure that they amount to significantly more than the judicial exception itself. Here, the additional elements, taken individually and in combination, do not result in claim 13, as a whole, amounting to significantly more than the judicial exception. As discussed previously with respect to Step 2A, the additional elements merely serve as a tool to perform an abstract idea, and generally links the use of the judicial exception to a particular technological environment. Thus, there is no inventive concept in the claim and thus the claim is not eligible, warranting a rejection for lack of subject matter eligibility and concluding the eligibility analysis.
Dependent Claims:
Claims 17-18 have also been analyzed. However, the subject matter of these claims also fails to recite patent eligible subject matter for the following reasons:
Claim 17 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of claim 13. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
wherein the processing circuitry is configured to assign access rights to said at least one processor electronic device for having said processor electronic device allowed or not to execute all or part of said at least one processing step according to said access conditions.
Claim 18 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of claim 13. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
wherein the processing circuitry is configured to receive, from said blockchain, information indicating that a derivative digital token has been assigned by a second processor electronic device to the producer wallet, the second processor electronic device implementing at least one second processing step among said at least one processing step, the second processing step delivering a second output digital asset from the first output digital asset, said derivative digital token being associated with said second output digital asset and comprising access conditions to said second output digital asset.
Claim 14:
Step 1
Claim 14 is directed to a computer-implemented system (i.e., machine, and manufacture). Therefore, this claim falls within the four statutory categories of invention, and thus must be further analyzed at Step 2A to determine if the claims are directed to a judicial exception (See MPEP 2106.03, subsection II).
Step 2A Prong One
In Prong One examiners evaluate whether the claim recites a judicial exception, i.e., whether a law of nature, natural phenomenon, or abstract idea is set forth or described in the claim. Claim 14 recites (i.e., sets forth or describes) an abstract idea of enforcing blockchain access using NFTs. Specifically, but for the additional elements, the claim under its broadest reasonable interpretation recites limitations grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The certain method of organizing human activity grouping is used to describe fundamental economic principles or practices, commercial or legal interactions, and managing personal behavior or relationships or interactions between people. Fundamental economic principles or practices are relating to the economy and commerce, or recite hedging, insurance, and mitigating risks. Commercial or legal interactions recite agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations. Managing personal behavior or relationships or interactions between people recite social activities, teaching, and following rules or instructions. See MPEP § 2106.04(a)(2), subsection II. The claim limitations reciting the abstract ideas are grouped within the “certain methods of organizing human activity” grouping of abstract ideas because the limitations recite fundamental economic principles or practices, as they recite mitigating risk, commercial or legal interactions, as they recite sales activities or behaviors. More specifically, the following underlined claim elements recite abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a).
A processor electronic device, for securing the processing of an initial digital asset according to at least one processing step delivering an output digital asset from an input digital asset which is a function of said initial digital asset, said input digital asset and said output digital asset being associated to corresponding access conditions, said at least one processing step being executed by at least one of said processor electronic device communicatively connected to at least one server implementing a blockchain, the processor electronic device comprising:
processing circuitry configured to:
receive from said blockchain, an information indicating that an input digital token has been assigned to a wallet, in said blockchain, associated with the processor electronic device, said input digital token being associated with said input digital asset, said input digital token comprising:
input access condition, to the input digital asset before execution of the processing step;
for at least one further processing step among said at least one processing step, the further processing step delivering a further output digital asset from a further input digital asset which is a function of said initial digital asset, said input digital token comprises:
post-processing access conditions, to the further input digital asset after the execution of the processing step, the post-processing access conditions corresponding to access conditions set for performing changes to the input digital asset after the execution of the processing step; and
output access conditions, to the further output digital asset,
at least one of said further input digital asset being said input digital asset, the respective further output digital asset being said output digital asset;
compare the input access conditions to the input digital asset with access rights previously assigned to the processor electronic device delivering an information representative of the processor electronic device being allowed or not to execute said processing step;
when said information is representative of the processor electronic device being allowed to execute said processing step, execute said processing step; and
generate a derivative digital token, in said blockchain, associated with said output digital asset, said derivative digital token comprising access conditions to said output digital asset.
Step 2A Prong Two
In Prong Two, examiners evaluate whether the claim as a whole integrates the exception into a practical application of that exception. A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. Here, claim 14 as a whole, looking at the identified additional elements individually and in combination, does not integrate the judicial exception into a practical application. First, the non-underlined additional elements merely serve as a tool to perform the abstract idea (MPEP § 2106.05(f)). Additionally, regarding the specification and claims, there is no improvement in the functioning of a computer or an improvement to other technology or technical field present (MPEP §§ 2106.04(d)(1) and 2106.05(a)), there is no applying or using the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition present (MPEP § 2106.04(d)(2)), there is no implementing the judicial exception with or using the judicial exception in conjunction with a particular machine or manufacture that is integral to the claim present (MPEP § 2106.05(b)), there is no effecting a transformation or reduction of a particular article to a different state or thing present (MPEP § 2106.05(c)), and there is no applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment present, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP § 2106.05(e)). Thus, the claim as a whole is directed to a judicial exception and thus requires further analysis at Step 2B to determine if the claim as a whole, amounts to significantly more than the exception itself (See MPEP 2106.04, subsection II).
Step 2B
Step 2B determines whether the claim as a whole amount to significantly more than the exception itself. Evaluating additional elements to determine whether they amount to an inventive concept requires considering them both individually and in combination to ensure that they amount to significantly more than the judicial exception itself. Here, the additional elements, taken individually and in combination, do not result in claim 14, as a whole, amounting to significantly more than the judicial exception. As discussed previously with respect to Step 2A, the additional elements merely serve as a tool to perform an abstract idea, and generally links the use of the judicial exception to a particular technological environment. Thus, there is no inventive concept in the claim and thus the claim is not eligible, warranting a rejection for lack of subject matter eligibility and concluding the eligibility analysis.
Dependent Claims:
Claims 15-16, and 19-20 have also been analyzed. However, the subject matter of these claims also fails to recite patent eligible subject matter for the following reasons:
Claim 15 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of claim 14. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
wherein when said information is representative of the processor electronic device not being allowed to execute said processing step, the processing circuitry is configured to send to said blockchain, information indicating that the processor electronic device is not allowed to execute said processing step.
Claim 16 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of claim 14. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
wherein the processing circuitry is configured to receive, from a producer electronic device communicatively connected to said at least one server, said access rights for having said processor electronic device allowed or not to execute said at least one processing step according to said access conditions.
Claim 19 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of claim 14. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
wherein said derivative digital token comprises:
input access conditions to the second output digital asset before execution of a third processing step among said at least one processing step, said third processing step delivering a third output digital asset from said second output digital asset, said input access conditions to the second output digital asset before execution of the third processing step being the output access conditions to the second output digital asset delivered by the second processing step, and for at least one further processing step among said at least one processing step, the further processing step delivering a further output digital asset from a further input digital asset which is a function of said initial digital asset, said derivative digital token comprises:
post-processing access conditions to said further input digital asset after the execution of the further processing step, and
output access conditions to said further output digital asset delivered by the further processing step,
at least one of said further input digital asset being said second output digital asset, the respective further output digital asset being said third output digital asset.
Claim 20 recites the following underlined claim elements as abstract ideas while the non-underlined claim elements recite additional elements according to MPEP 2106.04(a). The claim further recites the abstract idea of claim 14. The non-underlined additional elements fail to recite a practical application or significantly more than the abstract idea because it merely serves as a tool to perform the abstract idea (MPEP § 2106.05(f)).
wherein the processing circuitry is configured to assign the derivative digital token to a wallet, in said blockchain, associated with a third processor electronic device implementing said third processing step delivering a third output digital asset from said second output digital asset.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. Long et al. (US11075891) (hereinafter “Long”) in view of Meilich et al. (US20220016529A1) (hereinafter “Meilich”)
As per Claim 1, 6, and 13, Long teaches:
A method for securing processing of an initial digital asset according to at least one processing step delivering an output digital asset from an input digital asset which is a function of said initial digital asset, said input digital asset and said output digital asset being associated to corresponding access conditions, said at least one processing step being executed by at least one processor electronic device communicatively connected to at least one server implementing a blockchain, the method comprising: (“Methods and systems are described for implementing decentralized digital rights management (DRM) within a decentralized network, satisfying an important need of content owners.” (Abstract); “Then, recording a smart contract on a blockchain associated with the decentralized network, the smart contract associated with the data stream, and the smart contract allowing the authentication of a viewer 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 of the one or more viewer peer nodes 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 decrypt the data stream to the authenticated viewer peer node.” (col. 2, ln. 53-64); “At block 906, the disclosed systems can record, by the source cacher node, a smart contract on a blockchain associated with the decentralized network, the smart contract associated with the data stream, and the smart contract
allowing the authentication of a node to receive a data key to decrypt the data stream. In some aspects, the smart contract can include a computer program or a transaction protocol which is intended to automatically execute, control
or document relevant events and actions according to the terms of a contract or an agreement.” (col. 25, ln. 6-16); “In various embodiments, the disclosed systems may use and be integrated with a blockchain. In particular, the disclosed systems may use a form of decentralized ledgers and cryptographically-generated tokens, such as non-fungible tokens (NFTs), to verify that a given user (corresponding to a given node on the decentralized network) has been given access to a particular content and/or has purchased or rented a given content, for example, for the purposes of streaming.” (col. 8, ln. 6-14)
said initial NFT comprising: input access condition to the initial digital asset before execution of a first processing step among said at least one processing step, said first processing step delivering a first output digital asset from said initial digital asset; and for said at least one processing step delivering an output digital asset from an input digital asset which is a function of said initial digital asset, said initial NFT comprises: (“The computer-implemented method comprises steps for 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, where the decentralized network comprises a plurality of peer nodes connected via peer-to-peer (P2P) connections. Then, recording a smart contract on a blockchain associated with the decentralized network, the smart contract associated with the data stream, and the smart contract allowing the authentication of a viewer 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 of the one or more viewer peer nodes 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 decrypt the data stream to the authenticated viewer peer node.” (col. 2, ln-47-64); “In one aspect, one embodiment is a computer-implemented method utilized by a viewer peer node for implementing digital rights management (DRM) within a decentralized network, comprising receiving a notification of a source cacher node's intent to transmit a data stream, where the decentralized network comprises a plurality of peer nodes connected via peer-to-peer (P2P) connections; interacting with a smart contract on a blockchain associated with the decentralized network to obtain an authentication to receive a data key to decrypt the data stream, the smart contract associated with the data stream, and the smart contract allowing the authentication of the viewer peer by the viewer node's ownership of a non-fungible token (NFT); transmitting a request to the source cacher node to receive the data stream; receiving an encrypted data stream based on the data stream and the data key to decrypt the data stream; and decrypting the encrypted data stream using the data key.” (col. 26, ln. 27-34); “In various embodiments, the disclosed systems may use and be integrated with a blockchain. In particular, the disclosed systems may use a form of decentralized ledgers and cryptographically-generated tokens, such as non-fungible tokens (NFTs), to verify that a given user (corresponding to a given node on the decentralized network) has been given access to a particular content and/or has purchased or rented a given content, for example, for the purposes of streaming. Thus, the disclosed systems can, based on the verification, perform a data key distribution over the decentralized peer-to-peer content-distribution network. By implementing such a technique, the disclosed systems can reduce or eliminate the need for a central data key server for DRM. Therefore, the disclosed systems may serve as a form” (col. 8, ln. 6-19).
post-processing access conditions to the input digital asset after the execution of the processing step; and (“In one embodiment, the transmission of the encrypted data stream comprises a live stream, where the transmission of the encrypted data stream is relayed through an authenticated edge cacher node. Moreover, the computer-implemented method may further include locking, via the smart contract, a reward from the authenticated viewer peer node; and releasing, via the smart contract and to the source cacher node and the authenticated edge cacher node, respective portions of the reward over a predetermined time interval. A reward may include a digital asset designed to work as a medium of exchange where ownership records are stored in a ledger existing in a form of computerized database using strong cryptography to secure transaction records, to control the creation of additional currency, and to verify the transfer of ownership. In various embodiments, the disclosed systems can trigger the smart contract on the blockchain, for example, when performing a read operation by a viewer node.” (col 25, ln. 36-53);
the post-processing access conditions corresponding to access conditions set for performing changes to the input digital asset after the execution of the processing step (““digital rights management” and “DRM” refer to a set of access control technologies for restricting the use of digital content, such as copyrighted works. In some aspects, DRM can be used to control the use, modification, and/or distribution of copyrighted works (such as software and multimedia content).” (col. 6, ln. 26-31); (“Some DRM techniques can include encryption, scrambling of expressive material, and embedding of a tag, which is designed to control access and reproduction of information, including backup copies.” (col. 6, ln. 17-20); (“the DRM server can issue a decryption key to the user such that the user's device (e.g., mobile phone, laptop, television, etc.) can use the decryption key to decrypt the encrypted stream received.” (col. 6, ln. 37-40)
output access conditions to the output digital asset delivered by the processing step, at least one of said input digital asset being said initial digital asset, the respective output digital asset being said first output digital asset; and (“the streamed data is transferred in fractional units, while in the crypto art case, the transfer of data ( e.g., in the case in which it is moved from one node/server to another) is not fractional but rather in whole units (e.g., the entire crypto art piece). Further, in the disclosed embodiments, the disclosed systems can transfer streaming data from one node to many nodes ( e.g., in a broadcast or multicast of a movie or other content). Further, in some aspects, the streaming can last for a certain period of time ( e.g., it can be a temporary subscription, not a permanent one).” (col. 9, ln. 1-10); “Moreover, in a unified view of the data delivered within the network, different types of content may be generally considered as data files or data streams. A given caching node may store chunks, fragments, or slices of a data file or data stream, and may support "range requests" to avoid the need to download a large chunk of the file when only a small fraction is needed. For example, a CDN server or caching node may serve data contents as data blobs and/or chunks, while also supporting byte-range requests” (col 7, ln. 35-43 ); “In the hybrid network 100, whenever possible, peer nodes may pull data from each, other instead of from the POP server. That is, only a subset of nodes pull data streams from the POP server; other nodes simply pull data streams from their peer caching nodes, which provide better and more efficient connections. Caching nodes thus augment the traditional CDN backbones with more caching layers for end viewers geographically far away from POPs of the CDN backbones. This hybrid architecture applies to both video on demand and live streaming scenarios, as well as other data streaming and delivery setups.” (col 11, ln. 57-62).
assigning, by the producer electronic device, the initial digital token to a wallet, in said blockchain, associated with a first processor electronic device implementing said first processing step. (“Accordingly, such streaming events may not necessarily need to be recorded on the blockchain in real-time. In one embodiment, financial transactions such as bandwidth reward or token ( e.g., NFT) purchases may need consensus among at least a portion of the nodes of the network. In another embodiment, such transactions may not need to be settled on the blockchain immediately ( e.g., faster than a predetermined time period) because the off-chain payment channel may already offer one or more settlement guarantees.” (col. 20, ln. 34-44); “In various embodiments, the disclosed systems can include an NFT representing a ticket to an event, such as an online concert ticket. Accordingly, nodes that have the NFT can be permitted to access the data stream. In other words, the disclosed systems can use the infrastructure provided by the decentralized blockchain for data streaming. Alternatively or additionally, the disclosed systems can use existing infrastructure, including centralized content distribution servers, and can present credentials (e.g., NFT or a credential determined or derived based on the NFT) to present to the server for authorization to receive the streaming data (e.g., live concert data).” (col. 9, 11-21); “In some embodiments, the disclosed systems can be configured to operate in connection with a protocol to enable an online store-like blockchain-powered commerce with affiliate program. For example, the disclosed systems can be configured to permit the token (e.g., the NFT virtual ticket) to be used as an affiliation code since the token can be tied to a streamer/content producer” (col. 20, ln. 44-50).
Long does not disclose:
• “creating, by a producer electronic device communicatively connected to the at least one server, an initial digital token assigned to a producer wallet associated with said producer electronic device in said blockchain, said initial digital token being associated with said initial digital asset” (claim 1).
However, as per Claim 1, Meilich in the analogous art of securing blockchain transactions, teaches: “creating, by a producer electronic device communicatively connected to the at least one server, an initial digital token assigned to a producer wallet associated with said producer electronic device in said blockchain, said initial digital token being associated with said initial digital asset”. (See “One aspect of the invention relates to a computer-implemented system, method, and program to curate, issue, store, and transact NFTs (e.g., ERC-712 tokens) that represent game assets, in such a way that these game assets can be held and transacted within the centralized game environment prior to the token being transferred to the user. When a user desires to purchase a tokenized game asset, assets are deposited in, and held by, a smart contract deployed by the system and the system communicates with a centralized database management system (e.g., a game inventory management system) which is used to manage a players in-game inventory of game assets. Transacting the assets in a centralized environment may allow for a cost reduction down to 0, and little or no transaction wait time.” (Para. 0017); “players can transfer their . . . assets . . . into their own crypto wallets (if they have one) or other designated wallet, or deposit the assets from their wallet into the centralized environment.” (Para. 0016); “an ERC-721 token represents ownership of a game asset and the game assets are managed via an in-game asset management system.” (Para. 0010)
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the method of Jiang with the technique of Meilich to include NFT generation within a blockchain transaction platform. Therefore, the incentives of providing increased data accessible for the user provided a reason to make an adaptation, and the invention resulted from application of the prior knowledge in a predictable manner.
As per Claim 2 and 17, Long teaches:
The method according to claim 1, wherein the producer electronic device executes:
assigning access rights to said at least one processor electronic device for having said processor electronic device allowed or not to execute all or part of said at least one processing step according to said access conditions. (“In various embodiments, the disclosed systems can use the NFTs for a variety of other uses and/or applications in addition to verifying the node's authorization to access content as described above. For example, the NFTs can be associated with virtual assets including, but not limited to, virtual pets, virtual celebrities, virtual contacts, combinations thereof, and the like. In another embodiment, the disclosed systems can be configured to determine, assign, reassign, and/or use tokenized virtual assets using the DRM. In one embodiment, the disclosed systems can use the tokenized virtual assets using DRM to confer a temporal ownership (e.g., a subscription) to the virtual assets. In another embodiment, the disclosed systems can be configured to use the tokenized virtual assets using DRM to provide and/or exchange virtual tickets (e.g., virtual concert tickets, virtual ballgame tickets, etc.) between users.” (col. 8, ln. 40-55); “In some aspects, NFTs can be used to exchange crypto art; similarly, the disclosed systems can use an NTF to represent eligibility/authorization to receive/transmit streaming data that are tradable from one owner to another (e.g., one node to another). NFTs for crypto art can transfer between owners while the art itself resides on a server; accordingly, the token can be used to prove ownership, while the location of the crypto art does not change. However, here the video on demand and/or the live streaming aspect of the data being transferred is changing location from one node of the network to another” (col. 8, ln. 56-64); “In some embodiments, existing DRM services may be integrated to the THETA protocol, thereby allowing video platforms to enable video relaying while ensuring only legitimate users can decrypt video segments of specified licensed content. Accordingly, the disclosed systems can permit a THETA content partner (e.g., a given node on the network) to deliver live and on-demand content encrypted dynamically. In some embodiments, the content can be encrypted using any suitable protocol, including, but not limited to, an Advanced Encryption Standard (AES-128). In another embodiment, the disclosed systems and the associated THETA DRM platform can be configured” (col. 9, ln. 56-67).
As per Claim 3 and 18, Long teaches:
The method according to claim 1, wherein the producer electronic device executes: receiving, from said blockchain, an information indicative that a derivative NFT has been assigned by a second processor electronic device to the producer wallet, the second processor electronic device implementing at least one second processing step among said at least one processing step, the second processing step delivering a second output digital asset from the first output digital asset, said derivative NFT being associated with said second output digital asset and comprising access conditions to said second output digital asset.. (“An NFT is transferrable in terms of ownership. In contrast, other "fungible" cryptocurrencies, such as Bitcoin, are identical to each other and can be traded or exchanged as identical units and are usually infinitely subdividable. However, NFTs are unique and non-subdividable. They may function as unique certificates of authenticity, making them suitable for use to commodify or "tokenize" digital assets, such as copyrighted works. Thus, NFTs can be used in connection with the various described embodiments of the present disclosure because of the NFT's ability to function as a proof of ownership, for example, in authenticating ownership of copyrights, digital assets, and digital and real-world identities, combinations thereof, and the like” (col. 8, ln. 27-39); “Further, in the disclosed embodiments, the disclosed systems can transfer streaming data from one node to many nodes ( e.g., in a broadcast or multicast of a movie or other content). Further, in some aspects, the streaming can last for a certain period of time ( e.g., it can be a temporary subscription, not a permanent one).” (col.9, ln. 5-10); “NFTs for crypto art can transfer between owners while the art itself resides on a server; accordingly, the token can be used to prove ownership, while the location of the crypto art does not change.” (col. 8, ln. 60-64).
As per Claim 4 and 19, Long teaches:
The method according to claim 3, wherein said derivative NFT comprises; input access conditions to the second output digital asset before execution of a third processing step among said at least one processing step, said third processing step delivering a third output digital asset from said second output digital asset, said input access conditions to the second output digital asset before execution of the third processing step being the output access conditions to the second output digital asset delivered by the second processing step; and for at least one further processing step among said at least one processing step, the further processing step delivering a further output digital asset from a further input digital asset which is a function of said initial digital asset, said derivative NFT comprises: post-processing access conditions to said further input digital asset after the execution of the further processing step; and output access conditions to said further output digital asset delivered by the further processing step, at least one of said further input digital asset being said second output digital asset, the respective further output digital asset being said third output digital asset. (“wherein the transmission of the encrypted data stream is relayed through an authenticated edge cacher node, and wherein respective portions of the reward are released over a predetermined time interval, via the smart contract, to the source cacher node and the authenticated edge cacher node” (col. 30, ln. 21-26); “In another embodiment, the authenticated edge cacher node can determine at least a first portion of the reward from the viewer peer node and at least a second portion of the reward, where the first portion is released to the authenticated edge cacher node, and where the second portion is released to the source cacher node.” (col. 25, ln. 54-59)
As per Claim 5 and 20, Long teaches:
The method according to claim 4, wherein said producer electronic device executes:
assigning the derivative NFT to a wallet, in said blockchain, associated with a third processor electronic device implementing said third processing step delivering a third output digital asset from said second output digital asset. (“In some aspects, NFTs can be used to exchange crypto art; similarly, the disclosed systems can use an NTF to represent eligibility/authorization to receive/transmit streaming data that are tradable from one owner to another (e.g., one node to another). NFTs for crypto art can transfer between owners while the art itself resides on a server; accordingly, the token can be used to prove ownership, while the location of the crypto art does not change. However, here the video on demand and/or the live streaming aspect of the data being transferred is changing location from one node of the network to another ( e.g., source cacher node to peer viewer node).” (col. 8, ln. 56-67)
As per Claim 7 and 15, Long teaches:
The method according to claim 6, wherein if said information is representative of the processor electronic device not being allowed to execute said processing step, the processor electronic device executes: sending, to said blockchain, an information indicative that the processor electronic device is not allowed to execute said processing step. (“In various embodiments, the source cacher node can cause a smart contract to run when viewer node communicates ( e.g., transfers data to or from) the underlying blockchain. In some aspects, after the viewer node purchases an NFT, the source node can record relevant information to the blockchain (e.g., that a given user has possession of the NFT). Further, when the viewer node requests a data key from a source cacher node, the source cacher node can query the blockchain to determine ownership of the NFT by the viewer node. If it is determined that the viewer node has the NFT, then the source cacher node can provide a decryption key; if not, the source cacher node can ignore the request for the key.” (col. 17, ln. 35-47).
As per Claim 8, Long teaches:
The method according to claim 6, wherein said derivative NFT comprises: input access conditions to the output digital asset before execution of a further processing step among said at least one processing step, the further processing step delivering a further output digital asset from a further input digital asset which is a function of said initial digital asset, said further input digital asset being said output digital asset delivered by the processing step, said input access conditions to the further input digital asset before execution of the further processing step being the output access conditions to the output digital asset; and for at least one further processing step among said at least one processing step, the further processing step delivering a further output digital asset from a further input digital asset which is a function of said initial digital asset, said derivative NFT comprises: post-processing access conditions to said further input digital asset after the execution of the further processing step; and output access conditions to said further output digital asset delivered by the further processing step, at least one of said further input digital asset being said output digital asset, the respective further output digital asset being said further output digital asset. (“In one embodiment, the transmission of the encrypted data stream comprises a live stream, where the transmission of the encrypted data stream is relayed through an authenticated edge cacher node. Moreover, the computer-implemented method may further include locking, via the smart contract, a reward from the authenticated viewer peer node; and releasing, via the smart contract and to the source cacher node and the authenticated edge cacher node, respective portions of the reward over a predetermined time interval.” (col. 25, ln. 35-43); “In one aspect, the disclosed systems may reward given nodes that serve as a stream/content provider, in accordance with example embodiments of the disclosure. In particular, the disclosed systems may enable the blockchain (e.g.,THETA blockchain) to provide a so-called native "splitcontract" which can split on-chain cryptocurrency-based (e.g., TFUEL-based) rewards, incentives, or payments to nodes associated with different parties according to a predetermined
ratio. For example, when a given streaming node advertises a particular stream, the streaming node can determine to set a given split (e.g., a 40/60 split) such that a given
percentage (e.g., 40%) of the cryptocurrency-based (e.g., TFUEL-based) reward is applied to the streaming node during a livestream session, while the remaining percentage ( e.g., 60%) of the cryptocurrency-based reward is applied to
the corresponding upstream relaying node. In this manner, the disclosed systems can serve to differentially split rewards (e.g., cryptocurrency) among nodes that serve different functions on the blockchain.” (col. 17, ln. 49-66); “wherein a reward from the authenticated viewer peer node is locked via the smart contract” (col. 30, ln. 11-12).
As per Claim 9 and 16, Long teaches:
The method according to claim 6, wherein the processor electronic device executes: receiving, from a producer electronic device communicatively connected to said at least one server, said access rights for having said processor electronic device allowed or not to execute said at least one processing step according to said access conditions. (“In some embodiments, the disclosed systems can be configured to operate in connection with a protocol to enable an online store-like blockchain-powered commerce with
affiliate program. For example, the disclosed systems can be configured to permit the token (e.g., the NFT virtual ticket) to be used as an affiliation code since the token can be tied to a streamer/content producer” (col. 20, ln. 44-50); “In some embodiments, the disclosed systems can be configured to handle one or more streaming events, that is,
events associated with streaming. Streaming can include multimedia that is constantly received by and presented to an end-user associated with a given node on the network
while being delivered by a provider (e.g., another node on the network). Through streaming, a given receiving node can start playing digital content before the entire file has been transmitted by the source node. For example, some streaming events that occur via the nodes of the P2P network can include more time-sensitive events such as a "stream starts" event; accordingly, such time-sensitive events may need to be sent to the subscribers of the P2P network ( e.g., subscribed nodes) in a relatively rapid manner. In another embodiment, such events may be propagated among the nodes using any suitable protocol, such as a gossip protocol or any other suitable classes of networking protocols. Nonlimiting examples of protocol classes can include virtual
synchrony, distributed state machines, Paxos algorithm, database transactions, and the like. Each class can include tens or even hundreds of protocols, differing in their details
and performance properties. Accordingly, such streaming events may not necessarily need to be recorded on the blockchain in real-time. In one embodiment, financial transactions such as bandwidth reward or token ( e.g., NFT) purchases may need consensus among at least a portion of the nodes of the network. In another embodiment, such transactions may not need to be settled on the blockchain immediately ( e.g., faster than a predetermined time period) because the off-chain payment channel may already offer one or more settlement guarantees.” (col. 20, ln. 12-44)
As per Claim 10, Long teaches:
The method according to claim 6, wherein the processor electronic device executes: assigning the derivative NFT to a wallet, in said blockchain, associated with a further processor electronic device implementing said further processing step among said at least one processing step. (“In other examples, a given node may be configured to relay a given stream without viewing the stream at the node itself. Accordingly, the disclosed systems can be configured to create different tokens ( e.g., NFT-based tokens) for different functions ( e.g., for viewing and for relaying). Further, the disclosed systems can be configured to sell the tokens for different prices. One advantage of such an approach can include a better user experience, for example, since more nodes can relay the streams. Further, such approaches can afford more opportunities for more nodes to earn bandwidth by sharing rewards between nodes” (col. 20, ln. 2-13)
As per Claim 11, Long teaches:
The method according to claim 6, wherein the processor electronic device executes:
assigning the derivative NFT to a wallet, in said blockchain, associated with said producer electronic device. (“In some embodiments, the disclosed systems can be
configured to operate in connection with a protocol to enable an online store-like blockchain-powered commerce with affiliate program. For example, the disclosed systems can be configured to permit the token (e.g., the NFT virtual ticket) to be used as an affiliation code since the token can be tied to a streamer/content producer.” (col. 20, ln. 44-50); “In other examples, a given node may be configured to relay a given stream without viewing the stream at the node itself. Accordingly, the disclosed systems can be configured to create different tokens ( e.g., NFT-based tokens) for different functions ( e.g., for viewing and for relaying). Further, the disclosed systems can be configured to sell the tokens for different prices. One advantage of such an approach can include a better user experience, for example, since more nodes can relay the streams. Further, such approaches can afford more opportunities for more nodes to earn bandwidth by sharing rewards between nodes” (col. 20, ln. 2-12)
As per Claim 12, Long teaches:
A computer program product comprising program code instructions for implementing the method according to claim 1. (“In various embodiments, a system including a hardware processor and a non-transitory storage medium storing program code is described. The program code can be executable by the hardware processor. Further, the program code when executed by the processor can execute a process utilized by a source cacher node for implementing decentralized DRM within a decentralized network.” (col. 4, ln. 11-14); “Other embodiments include non-transitory storage media, which store program code executable by a hardware processor, for implementing the methods and processes described herein.” (col. 4, ln. 35-38)
As per Claim 14, Long teaches:
An electronic device, named processor electronic device, for securing the processing of an initial digital asset according to at least one processing step delivering an output digital asset from an input digital asset which is a function of said initial digital asset, said input digital asset and said output digital asset being associated to corresponding access conditions, said at least one processing step being executed by at least one of said processor electronic device communicatively connected to at least one server implementing a blockchain, comprising: a processor or a dedicated computing machine configured for: receiving from said blockchain, an information indicative that an input NFT has been assigned to a wallet, in said blockchain, associated with the processor electronic device, said input NFT being associated with said input digital asset, said input NFT comprising: (“Methods and systems are described for implementing decentralized digital rights management (DRM) within a decentralized network, satisfying an important need of content owners.” (Abstract); “Then, recording a smart contract on a blockchain associated with the decentralized network, the smart contract associated with the data stream, and the smart contract allowing the authentication of a viewer 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 of the one or more viewer peer nodes 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 decrypt the data stream to the authenticated viewer peer node.” (col. 2, ln. 53-64); “At block 906, the disclosed systems can record, by the source cacher node, a smart contract on a blockchain associated with the decentralized network, the smart contract associated with the data stream, and the smart contract allowing the authentication of a node to receive a data key to decrypt the data stream. In some aspects, the smart contract can include a computer program or a transaction protocol which is intended to automatically execute, control or document relevant events and actions according to the terms of a contract or an agreement.” (col. 25, ln. 6-16); “In various embodiments, the disclosed systems may use and be integrated with a blockchain. In particular, the disclosed systems may use a form of decentralized ledgers and cryptographically-generated tokens, such as non-fungible tokens (NFTs), to verify that a given user (corresponding to a given node on the decentralized network) has been given access to a particular content and/or has purchased or rented a given content, for example, for the purposes of streaming.” (col. 8, ln. 6-14)
input access condition, to the input digital asset before execution of the processing step; for at least one further processing step among said at least one processing step, the further processing step delivering a further output digital asset from a further input digital asset which is a function of said initial digital asset, said input NFT comprises: (“The computer-implemented method comprises steps for 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, where the decentralized network comprises a plurality of peer nodes connected via peer-to-peer (P2P) connections. Then, recording a smart contract on a blockchain associated with the decentralized network, the smart contract associated with the data stream, and the smart contract allowing the authentication of a viewer 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 of the one or more viewer peer nodes 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 decrypt the data stream to the authenticated viewer peer node.” (col. 2, ln-47-64); “In one aspect, one embodiment is a computer-implemented method utilized by a viewer peer node for implementing digital rights management (DRM) within a decentralized network, comprising receiving a notification of a source cacher node's intent to transmit a data stream, where the decentralized network comprises a plurality of peer nodes connected via peer-to-peer (P2P) connections; interacting with a smart contract on a blockchain associated with the decentralized network to obtain an authentication to receive a data key to decrypt the data stream, the smart contract associated with the data stream, and the smart contract allowing the authentication of the viewer peer by the viewer node's ownership of a non-fungible token (NFT); transmitting a request to the source cacher node to receive the data stream; receiving an encrypted data stream based on the data stream and the data key to decrypt the data stream; and decrypting the encrypted data stream using the data key.” (col. 26, ln. 27-34); “In various embodiments, the disclosed systems may use and be integrated with a blockchain. In particular, the disclosed systems may use a form of decentralized ledgers and cryptographically-generated tokens, such as non-fungible tokens (NFTs), to verify that a given user (corresponding to a given node on the decentralized network) has been given access to a particular content and/or has purchased or rented a given content, for example, for the purposes of streaming. Thus, the disclosed systems can, based on the verification, perform a data key distribution over the decentralized peer-to-peer content-distribution network. By implementing such a technique, the disclosed systems can reduce or eliminate the need for a central data key server for DRM. Therefore, the disclosed systems may serve as a form” (col. 8, ln. 6-19).
post-processing access condition, to the further input digital asset after the execution of the processing step; and (“In one embodiment, the transmission of the encrypted data stream comprises a live stream, where the transmission of the encrypted data stream is relayed through an authenticated edge cacher node. Moreover, the computer-implemented method may further include locking, via the smart contract, a reward from the authenticated viewer peer node; and releasing, via the smart contract and to the source cacher node and the authenticated edge cacher node, respective portions of the reward over a predetermined time interval. A reward may include a digital asset designed to work as a medium of exchange where ownership records are stored in a ledger existing in a form of computerized database using strong cryptography to secure transaction records, to control the creation of additional currency, and to verify the transfer of ownership. In various embodiments, the disclosed systems can trigger the smart contract on the blockchain, for example, when performing a read operation by a viewer node.” (col 25, ln. 36-53);
output access conditions, to the further output digital asset, at least one of said further input digital asset being said input digital asset, the respective further output digital asset being said output digital asset; (“the streamed data is transferred in fractional units, while in the crypto art case, the transfer of data ( e.g., in the case in which it is moved from one node/server to another) is not fractional but rather in whole units (e.g., the entire crypto art piece). Further, in the disclosed embodiments, the disclosed systems can transfer streaming data from one node to many nodes ( e.g., in a broadcast or multicast of a movie or other content). Further, in some aspects, the streaming can last for a certain period of time ( e.g., it can be a temporary subscription, not a permanent one).” (col. 9, ln. 1-10); “Moreover, in a unified view of the data delivered within the network, different types of content may be generally considered as data files or data streams. A given caching node may store chunks, fragments, or slices of a data file or data stream, and may support "range requests" to avoid the need to download a large chunk of the file when only a small fraction is needed. For example, a CDN server or caching node may serve data contents as data blobs and/or chunks, while also supporting byte-range requests” (col 7, ln. 35-43 ); “In the hybrid network 100, whenever possible, peer nodes may pull data from each, other instead of from the POP server. That is, only a subset of nodes pull data streams from the POP server; other nodes simply pull data streams from their peer caching nodes, which provide better and more efficient connections. Caching nodes thus augment the traditional CDN backbones with more caching layers for end viewers geographically far away from POPs of the CDN backbones. This hybrid architecture applies to both video on demand and live streaming scenarios, as well as other data streaming and delivery setups.” (col 11, ln. 57-62).
comparing the input access conditions to the input digital asset with access rights previously assigned to the processor electronic device delivering an information representative of the processor electronic device being allowed or not to execute said processing step; if said information is representative of the processor electronic device being allowed to execute said processing step, executing said processing step: generating a derivative NFT, in said blockchain, associated with said output digital asset, said derivative NFT comprising access conditions to said output digital asset. (“Accordingly, such streaming events may not necessarily need to be recorded on the blockchain in real-time. In one embodiment, financial transactions such as bandwidth reward or token ( e.g., NFT) purchases may need consensus among at least a portion of the nodes of the network. In another embodiment, such transactions may not need to be settled on the blockchain immediately ( e.g., faster than a predetermined time period) because the off-chain payment channel may already offer one or more settlement guarantees.” (col. 20, ln. 34-44); “In various embodiments, the disclosed systems can include an NFT representing a ticket to an event, such as an online concert ticket. Accordingly, nodes that have the NFT can be permitted to access the data stream. In other words, the disclosed systems can use the infrastructure provided by the decentralized blockchain for data streaming. Alternatively or additionally, the disclosed systems can use existing infrastructure, including centralized content distribution servers, and can present credentials (e.g., NFT or a credential determined or derived based on the NFT) to present to the server for authorization to receive the streaming data (e.g., live concert data).” (col. 9, 11-21); “In some embodiments, the disclosed systems can be configured to operate in connection with a protocol to enable an online store-like blockchain-powered commerce with affiliate program. For example, the disclosed systems can be configured to permit the token (e.g., the NFT virtual ticket) to be used as an affiliation code since the token can be tied to a streamer/content producer” (col. 20, ln. 44-50)
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US20220182415 (Basu), discussing “A system and method of a blockchain platform for an intermediary, comprising: receiving an encrypted file from a user for storage on the blockchain platform; mapping the user to be the owner of the encrypted file; receiving one or more security policy parameters for the encrypted file from the owner; enforcing the security policy parameters for all access requests to the file on the blockchain platform; and optionally providing audit report of the encrypted file storage and access.” (Para. 0010)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin A. Jimenez whose telephone number is (571) 270-3080. The examiner can normally be reached on 8:30 AM - 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John W. Hayes can be reached on 571-272-6708. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Justin Jimenez/
Patent Examiner, Art Unit 3697
/JOHN W HAYES/Supervisory Patent Examiner, Art Unit 3697
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