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 the Application
Claims 1-3, 9, 10, 29, 57 are amended.
Claims 8, 13-16, 21, 30-56, and 58-84 are canceled.
Claims 1-7, 9-12, 17-20, 22-29 and 57 are examined herein.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7, 9-12, 17-20, 22-29 and 57 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 29 and 57 recites the limitation "the blockchain is generated" in line 19. There is insufficient antecedent basis for this limitation in the claim. The requirement of the claim is to generate a block of a blockchain, therefore it is unclear if the applicant had a typographical error and intended to recite “wherein the block is generated” or if the applicant intends to claim generating a blockchain, improperly introducing the generation of a blockchain. For examination purposes the claim is interpreted as best understood.
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 1-7, 9-12, 17-20, 22-29 and 57 are rejected under 35 U.S.C. 101 because the claims are directed to an abstract idea without significantly more.
With respect to Step 1 of the eligibility inquiry (as explained in MPEP 2106), it is first noted that the method, system and product are directed to at least one potentially eligible category of subject matter. Thus, Step 1 of the Subject Matter Eligibility test for claims 1-84 is satisfied.
With respect to Step 2A Prong One, it is next noted that the claims recite an abstract idea that falls under the “Certain Methods Of Organizing Human Activity” group within the enumerated groupings of abstract ideas set forth in the MPEP 2106 since the claims set forth steps that recite commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). Claims 1, 29 and 57 recites the abstract idea of exchanging confidential information between parties, confidential information such as trade secrets and Non-disclosure Agreements (see paragraphs 002-003).
This idea is described by the following claim steps (taking claim 1 as representative):
-a legal document provider configured to provide a legal document; and
-obtain a signed legal document for a company, wherein the signed legal document is based on a signature applied for the legal document;
-obtain subscription information for the company, and register the company as a subscriber for the network of companies based on the subscription information;
-generate a record based on the signed legal document and also based on the company being registered as the subscriber for the network of companies, and wherein the record is generated in association with signed legal documents of respective companies in the network of companies, thereby linking confidentially confidentiality obligations under the signed legal documents among the companies in the network of companies to create a verifiable fabric of confidentiality to enable the companies in the network of companies to exchange information with each other based on the confidentiality obligations.
This idea falls within the certain methods of organizing human activity grouping of abstract ideas because it is directed towards legal interactions (including agreements in the form of contracts; legal obligations) such that as required when exchanging trade secrets and NDAs. The noted abstract idea is also directed to managing interactions between people such as that required during communications when exchanging confidential information conforms to the requirements of more than one party.
Because the above-noted limitations recite steps falling within the Certain Methods Of Organizing Human Activity abstract idea groupings of the MPEP 2106, they have been determined to recite at least one abstract idea when evaluated under Step 2A Prong One of the eligibility inquiry.
Therefore, because the limitations above set forth activities falling within the Certain Methods Of Organizing Human Activity abstract idea groupings described in the MPEP 2106, the additional elements recited in the claims are further evaluated, individually and in combination, under Step 2A Prong Two and Step 2B below. Claim 29 and 57 recites similar limitations as claim 1 and are therefore determined to recite the same abstract idea.
With respect to Step 2A Prong Two, the judicial exception is not integrated into a practical application. The additional elements that fail to integrate the abstract idea into a practical application are:
an electronic system;
a network of companies;
an electronic legal document provider;
an electronic signature;
a subscription engine; and
a processing unit configured to communicatively couple with a blockchain generator;
generate a block of a blockchain;
cryptographically;
However, using a computer environment such as a network, electronic signature, engine and blockchain technology amounts to no more than generally linking the use of the abstract idea to a particular technological environment. Exchanging confidential information can reasonably be performed by pencil and paper until limited to a computerized environment by requiring a digital signature and generally using blockchain technology.
These additional elements have been evaluated, but fail to integrate the abstract idea into a practical application because they amount to using generic computing elements or computer-executable instructions (software) to perform the abstract idea, similar to adding the words “apply it” (or an equivalent), and alternatively serve to link the use of the judicial exception to a particular technological environment. See MPEP 2106.05(f) and 2106.05(h).
Regarding “generate a block of a blockchain based on the signed legal document…, wherein the block of the blockchain represents an addition of the company to the network of companies and wherein the blockchain is generated in association with signed legal documents of respective companies in the network of companies, thereby cryptographically linking confidentiality obligations”, the examiner views these additional elements as results-oriented steps given that there is no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result are currently present such that this is viewed as equivalent to “apply it” for merely implementing the abstract idea using generic computing components (See Id.).
In addition, these limitations fail to provide an improvement to the functioning of a computer or to any other technology or technical field, fail to apply the exception with a particular machine, fail to apply the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, fail to effect a transformation of a particular article to a different state or thing, and fail to apply/use the abstract idea in a meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, because the Step 2A Prong One and Prong Two analysis resulted in the conclusion that the claims are directed to an abstract idea, additional analysis under Step 2B of the eligibility inquiry must be conducted in order to determine whether any claim element or combination of elements amount to significantly more than the judicial exception.
With respect to Step 2B of the eligibility inquiry, it has been determined that the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As noted above, the claims as a whole merely describes a method, computer system, and computer program product that generally “apply” the concepts discussed in prong 1 above. (See MPEP 2106.05 f (II)) In particular applicant has recited the computing components at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using generic computer components. As the court stated in TLI Communications v. LLC v. AV Automotive LLC, 823 F.3d 607, 613 (Fed. Cir. 2016) merely invoking generic computing components or machinery that perform their functions in their ordinary capacity to facilitate the abstract idea are mere instructions to implement the abstract idea within a computing environment and does not add significantly more to the abstract idea. Accordingly, these additional computer components do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Therefore, even when viewed as a whole, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea and as a result the claim is not patent eligible.
In addition, when taken as an ordered combination, the ordered combination adds nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements integrates the abstract idea into a practical application. Their collective functions merely provide generic computer implementation. Therefore, when viewed as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a practical application of the abstract idea or that, as an ordered combination, amount to significantly more than the abstract idea itself.
For the reasons identified with respect to Step 2A, prong 2, claims 1, 29 and 57 fail to recite additional elements that amount to an inventive concept. For example, use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a commercial or legal interaction or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more (see MPEP 2106.05(g)). In addition, limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application (see MPEP 2106.05(h)).
Dependent claims 2-7, 9-12, 17-20, and 22-28 recite the same abstract idea as recited in the independent claims, and when evaluated under Step 2A Prong One are found to merely recite details that serve to narrow the same abstract idea recited in the independent claims accompanied by the same generic computing elements or software as those addressed above in the discussion of the independent claims, which is not sufficient to amount to a practical application or add significantly more, or other additional elements that fail to amount to a practical application or add significantly more, as noted above.
The dependent claims further limits the abstract idea and link the judicial exception to a particular technological environment by introducing limitations directed to a blockchain technology. However, further embellishing that the invention is capable of processing information in a generic computing environment does not integrate the abstract idea into a practical application or adds significantly more to the abstract idea since such elements are recited at a high level of generality, without providing restriction on how the result is accomplished and no description of the mechanism for accomplishing the result. Therefore, those elements are viewed as equivalent to “apply it” for merely implementing the abstract idea using generic computing components (See Id.).
The ordered combination of elements in the dependent claims (including the limitations inherited from the parent claim(s)) add nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology, and the collective functions merely provide high level of generality computer implementation. Therefore, whether taken individually or as an order combination, the claims are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
For more information see MPEP 2106.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-9, 11-26 and 28-29 and 57 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FAN (US Patent Publication 2021/0351938).
Regarding claims 1, 29 and 57, FAN discloses an electronic system, method and a product for creating and maintaining a network of companies having legal obligations with each other (abstract, [007]), the electronic system comprising:
an electronic legal document provider configured to electronically provide a legal document ([0024] The method for sharing data based on a blockchain network may be executed by a blockchain node in the blockchain network. The method may include: in response to a sharing transaction request including target data of a data provider, performing a chaining operation on the target data for storing the target data; calling a sharing smart contract to generate a sharing certificate including an identifier of a source organization, an identifier of a target organization and a storage identifier of the target data, and performing the chaining operation on the sharing certificate for storing the sharing certificate; and sharing the target data with the target organization based on the sharing certificate. [0025] With embodiments of the disclosure, data sharing of the target data may be implemented between the source organization and the target organization without issuing or confirming a paper certificate for authorization, improving the data sharing efficiency. Meanwhile, the sharing certificate is generated by calling the sharing smart contract, thereby reducing the impact of human operations on the accuracy of the sharing certificate, and improving the accuracy of the sharing certificate. [0169] a sharing certificate chaining module 602, [0171] The sharing certificate chaining module 602 is configured to call a sharing smart contract, to generate a sharing certificate including an identifier of a source organization, an identifier of a target organization and a storage identifier of the target data, and perform the chaining operation on the sharing certificate for storing the sharing certificate. );
and electronically obtain a signed legal document for a company, wherein the signed legal document is based on an electronic signature applied for the legal document ([0034] Performing the chaining operation on the sharing certificate for storing the sharing certificate may include: sending the sharing certificate to the source organization, to allow the source organization to sign the sharing certificate through a private key of the source organization; and obtaining a digital signature of the sharing certificate from the source organization, associating the digital signature with the sharing certificate, and performing the chaining operation on the digital signature and the sharing certificate for storing the digital signature and the sharing certificate. [0035] Obtaining the target data based on the storage identifier of the target data and the identifier of the source organization in the sharing certificate and feeding the target data back to the target organization may include: performing verification on the digital signature from the source organization based on the identifier of the source organization in the sharing certificate; and obtaining the target data based on the storage identifier of the target data and the identifier of the source organization in the sharing certificate and feeding the target data back to the target organization when the digital signature passes the verification. [0036] The source organization may perform the digital signature on the sharing certificate when the chaining operation is performed on the sharing certificate for storing the sharing certificate, such that the target organization may verify a validity of the sharing certificate based on the identifier of the source organization in the sharing certificate when obtaining the sharing certificate.);
a subscription engine configured to electronically obtain subscription information for the company, and electronically register the company as a subscriber for the network of companies based on the subscription information ([0024] The method for sharing data based on a blockchain network may be executed by a blockchain node in the blockchain network. The method may include: in response to a sharing transaction request including target data of a data provider, performing a chaining operation on the target data for storing the target data; calling a sharing smart contract to generate a sharing certificate including an identifier of a source organization, an identifier of a target organization and a storage identifier of the target data, and performing the chaining operation on the sharing certificate for storing the sharing certificate; and sharing the target data with the target organization based on the sharing certificate. [0046] At block S101, in response to a sharing transaction request including target data of a data provider, a chaining operation is performed on the target data for storing the target data. [0049] In some embodiments, the target data may be sent to the source organization when the data provider has a data sharing requirement, and the source organization may initiate the sharing transaction request to the blockchain network based on the target data obtained. [0050] In some examples, the source organization or the data provider may initiate the sharing transaction request including the target data to the blockchain network. Correspondingly, the blockchain node may receive and process the sharing transaction request to perform chaining operation on the target data for storing the target data. [0051] In some implementations, the blockchain node performs the chaining operation on the target data for storing the target data by calling a smart contract. [0058] At block S102, a sharing smart contract is called to generate a sharing certificate including an identifier of the source organization, an identifier of the target organization and a storage identifier of the target data, and the chaining operation is performed on the sharing certificate for storing the sharing certificate. [0059] The identifier of the source organization may be a name of the source organization or a blockchain account of the source organization in the blockchain network. The identifier of the target organization may be a name of the target organization or a blockchain account of the target organization in the blockchain network.); and
a processing unit configured to communicatively couple with a blockchain generator;
wherein the blockchain generator is configured to generate a block of a blockchain based on the signed legal document and also based on the company being electrically registered as the subscriber for the network of companies (See Fig. 5 and [0138] With embodiments of the disclosure, the target organization device may obtain the sharing certificate including the identifier of the source organization, the identifier of the target organization and the storage identifier of the target data. The sharing certificate may be generated by the blockchain node by calling the sharing smart contract after performing the chaining operation on the target data for storing the target data in response to the sharing transaction request including the target data. The data obtaining transaction request including the sharing certificate may be initiated, to allow the blockchain node to share the target data with the target organization based on the sharing certificate. With the above technical solution, the chaining operation is performed on the sharing certificate for storing the sharing certificate by calling the sharing smart contract, to allow the target organization to obtain the target data based on the sharing certificate stored on the chain. In this way, data sharing of the target data may be realized between the source organization and the target organization, without issuing or confirming a paper certificate to get an authorization and permission, thereby improving the data sharing efficiency. Meanwhile, the sharing certificate is generated by calling the sharing smart contract, thereby reducing the impact of human operations on the accuracy of the sharing certificate and improving the accuracy of the sharing certificate. [0152] At block S508, the referral certificate that is digitally signed may be fed back to the block producing node. [0153] At block S509, the block producing node may perform the chaining operation on the referral certificate that is digitally signed for storing the referral certificate that is digitally signed. ), wherein the block of the blockchain represents an addition of the company to the network of companies, and wherein the blockchain is generated in association with signed legal documents of respective companies in the network of companies, thereby cryptographically linking confidentiality obligations under the signed legal documents among the companies in the network of companies to create a verifiable fabric of confidentiality to enable the companies in the network of companies to exchange information with each other based on the confidentiality obligations. (See Fig. 5 and [0138] With embodiments of the disclosure, the target organization device may obtain the sharing certificate including the identifier of the source organization, the identifier of the target organization and the storage identifier of the target data. The sharing certificate may be generated by the blockchain node by calling the sharing smart contract after performing the chaining operation on the target data for storing the target data in response to the sharing transaction request including the target data. The data obtaining transaction request including the sharing certificate may be initiated, to allow the blockchain node to share the target data with the target organization based on the sharing certificate. With the above technical solution, the chaining operation is performed on the sharing certificate for storing the sharing certificate by calling the sharing smart contract, to allow the target organization to obtain the target data based on the sharing certificate stored on the chain. In this way, data sharing of the target data may be realized between the source organization and the target organization, without issuing or confirming a paper certificate to get an authorization and permission, thereby improving the data sharing efficiency. Meanwhile, the sharing certificate is generated by calling the sharing smart contract, thereby reducing the impact of human operations on the accuracy of the sharing certificate and improving the accuracy of the sharing certificate. [0141] FIG. 5 is a flowchart illustrating a method for sharing data based on a blockchain network according to embodiments of the disclosure. [0161] At block S515, the block producing node may call a data obtaining interface of the sharing smart contract to perform verification on the validity of a digital signature from the source hospital based on the identifier of the source hospital in the referral certificate. [0166] At block S520, the target hospital may decrypt the diagnosis and treatment data by using the private key of the target hospital and the public key of the patient.).
Regarding claims 2, 30, and 58 FAN discloses
wherein the created block is linked together with other blocks of the blockchain via cryptography ([0040] The target data may be obtained by encrypting original content based on a key of the data provider and a key of the target organization. [0055] In some implementations, using the key of the data provider to encrypt its target data may be implemented when performing the chaining operation on the target data for storing the target data. In some implementations, before the data provider provides the target data to the source organization, original content of the target data may be encrypted with the key of the data provider to obtain encrypted target data, and the encrypted target data may be provided to the source organization. [0056] In some embodiments, in order to prevent the target data of the data provider from being leaked by organizations in the organization union other than the source organization and the target organization, the original content of the target data may be encrypted based on the key of the data provider and a key of the target organization.).
Regarding claims 3, 31 and 59, FAN discloses
wherein another block of the blockchain is associated with an other company in the network of companies ([0056] In some embodiments, in order to prevent the target data of the data provider from being leaked by organizations in the organization union other than the source organization and the target organization, the original content of the target data may be encrypted based on the key of the data provider and a key of the target organization. [0057] In some implementations, encrypting the original content of the target data based on the key of the data provider and the key of the target organization may be implemented when the chaining operation is performed on the target data for storing the target data. In some implementations, before the data provider provides the data to the source organization, the original content may be encrypted based on the key of the data provider and the key of the target organization to obtain encrypted target data, and the encrypted target data may be provided to the source organization.).
Regarding claim 4, 32, 60 FAN discloses
wherein the other block of the blockchain is associated with an event in which the other company joins the network of companies ([0058] At block S102, a sharing smart contract is called to generate a sharing certificate including an identifier of the source organization, an identifier of the target organization and a storage identifier of the target data, and the chaining operation is performed on the sharing certificate for storing the sharing certificate. [0059] The identifier of the source organization may be a name of the source organization or a blockchain account of the source organization in the blockchain network. The identifier of the target organization may be a name of the target organization or a blockchain account of the target organization in the blockchain network. [0060] The storage identifier of the target data is used to access the target data of the data provider in a storage space, to which the source organization belongs, of the blockchain..).
Regarding claims 6, 34, and 62 FAN discloses
wherein the legal document comprises a non-disclosure agreement ([0062] The sharing certificate may be used as a certification material for data sharing between the source organization and the target organization, and may also be used as a window for accessing the target data by the target organization. [0022] Generally, the data sharing may be performed between the organizations, and the authorization may be granted by means of issuing the paper certificate and the telephone confirmation. Therefore, the data sharing efficiency is low, and it is difficult to ensure the accuracy of the data in a sharing certificate. [0023] Therefore, embodiments of the disclosure provide a method and an apparatus for sharing data based on a blockchain network, a device and a medium, thereby sharing target data between a source organization and a target organization contained in an organization union, and improving a efficiency for sharing the target data.) The Examiner notes that the specific type of legal document is directed to non-functional descriptive material that adds little to nothing in terms of patentability since the system would perform the same regardless of the type of document managed.
Regarding claims 7, 35 and 63, FAN discloses
wherein the legal document is an agreement between the company and a provider or an owner of the electronic system ([0062] The sharing certificate may be used as a certification material for data sharing between the source organization and the target organization, and may also be used as a window for accessing the target data by the target organization. [0022] Generally, the data sharing may be performed between the organizations, and the authorization may be granted by means of issuing the paper certificate and the telephone confirmation. Therefore, the data sharing efficiency is low, and it is difficult to ensure the accuracy of the data in a sharing certificate. [0023] Therefore, embodiments of the disclosure provide a method and an apparatus for sharing data based on a blockchain network, a device and a medium, thereby sharing target data between a source organization and a target organization contained in an organization union, and improving a efficiency for sharing the target data.) The Examiner notes that the specific type of legal document is directed to non-functional descriptive material that adds little to nothing in terms of patentability since the system would perform the same regardless of the type of document managed.
Regarding claims 9, 37 and 65, FAN discloses
wherein the blockchain engine is associated with a blockchain-service provider ([0024] The method for sharing data based on a blockchain network may be executed by a blockchain node in the blockchain network. [0185] The above apparatus for sharing the data based on the blockchain network may execute the method for sharing the data based on the blockchain network according to any one of embodiments of the disclosure, and has corresponding functional modules and beneficial effects for executing the method for sharing the data based on the blockchain network.).
Regarding claims 11, 39, and 67 FAN discloses:
further comprising an extractor configured to extract information from the signed legal document, provide the extracted information to the blockchain-service provider, and obtain the blockchain information, wherein the block of the blockchain is provided by the blockchain-service provider based on the extracted information (See Fig. 5 and [0147] At block S504, a block producing node may call a data storage interface of a sharing smart contract and perform a chaining operation on the diagnosis and treatment data for storing the diagnosis and treatment data. [0148] Corresponding storage spaces in the blockchain network may be set for different hospitals. The diagnosis and treatment data may be stored in a key-value way. In order to distinguish the diagnosis and treatment data of different patients, the diagnosis and treatment data may be stored based on a dimension of patients. [0149] At block S505, a referral certificate generating interface of the sharing smart contract may be called, to calculate a digital digest of the diagnosis and treatment data and generate a referral certificate including the source hospital, the target hospital, a storage identifier of the diagnosis and treatment data and the digital digest. [0150] At block S506, the referral certificate may be sent to the source hospital. [0151] At block S507, the source hospital may digitally sign the referral certificate by employing a private key of the source hospital. [0152] At block S508, the referral certificate that is digitally signed may be fed back to the block producing node.).
Regarding claims 12, FAN discloses
wherein the electronic legal document provider is configured to interface with a document-service provider, and wherein the electronic legal document provider is configured to obtain the signed legal document from the document-service provider ([0179] Further, the target data chaining module 601 is configured to: when performing the chaining operation on the sharing certificate for storing the sharing certificate, send the sharing certificate to the source organization, to allow the source organization to sign the sharing certificate through a private key of the source organization; and obtain a digital signature of the sharing certificate from the source organization, associate the digital signature with the sharing certificate, and perform the chaining operation on the digital signature and the sharing certificate for storing the digital signature and the sharing certificate. ).
Regarding claim 17, FAN discloses
wherein the non-transitory medium is configured to store the blockchain information in association with company information of the company ([0207] As the non-transitory computer readable storage medium, the memory 902 may be configured to store non-transitory software programs, non-transitory computer executable programs and modules, such as program instructions/module (such as the target data chaining module 601, the sharing certificate chaining module 602, and the target data sharing module 603 illustrated in FIG. 6; the target data obtaining module 701 and the sharing transaction request initiating module 702 illustrated in FIG. 7; or the sharing certificate obtaining module 801 and the transaction request initiating module 802 illustrated in FIG. 8) corresponding to the method for sharing the data based on the blockchain network according to embodiments of the disclosure. The processor 901 is configured to execute various functional applications and data processing of the server by operating non-transitory software programs, instructions and modules stored in the memory 902, that is, implements the method for sharing the data based on the blockchain network according to the above method embodiments.).
Regarding claim 18, FAN discloses
wherein the electronic system is configured to obtain company information for the company, and wherein the company information comprises one or more of: a name of the company, an address of the company, a jurisdiction of the company, or contact information of the company ([0059] The identifier of the source organization may be a name of the source organization or a blockchain account of the source organization in the blockchain network. The identifier of the target organization may be a name of the target organization or a blockchain account of the target organization in the blockchain network.).
Regarding claim 19 FAN discloses
wherein the blockchain information comprises one or more of: a block address, a digest, a digest tip address, or hash information ([0032] The sharing certificate may further include a digital digest of the target data. Correspondingly, obtaining the target data based on the storage identifier of the target data and the identifier of the source organization in the sharing certificate includes: searching for the target data based on the storage identifier of the target data and the identifier of the source organization in the sharing certificate; performing verification on the target data found based on the digital digest; and obtaining the target data and feeding the target data back to the target organization when the target data passes the verification. [0033] Therefore, the accuracy of the target data may be verified based on the digital digest during obtaining the target data. [0084] Encoding different pieces of target data with the set encoding function may obtain different digital digests. Therefore, the digital digest may be used as a unique identifier of the target data and used to verify the accuracy of the target data subsequently when the target data is obtained.).
Regarding claim 20 FAN discloses
wherein the electronic legal document provider is configured to electronically generate the legal document based on company information of the company ([0143] At block S501, diagnosis and treatment data may be encrypted with a private key of the patient and a public key of a target hospital by a patient. [0144] In detail, an encryption key may be generated through an elliptic curve Diffie-Hellman (ECDH) algorithm by using the private key of the patient and the public key of the target hospital. The diagnosis and treatment data may be encrypted by employing the encryption key to obtain encrypted diagnosis and treatment data. [0145] At block S502, the patient may send the encrypted diagnosis and treatment data to a source hospital. ).
Regarding claims 22 FAN discloses
wherein the signed legal document is secured in a blockchain ledger of the blockchain ([0110] Based on the technical solutions of the above embodiments, in order to facilitate the verification on the validity of the sharing certificate, performing the chaining operation on the sharing certificate at the blockchain node for storing the sharing certificate may include the following. The sharing certificate is sent to the source organization. Accordingly, the source organization signs the sharing certificate sent by the blockchain node with the private key of the source organization to obtain a digital signature of the sharing certificate, and feeds the digital signature back to the blockchain node to allow the blockchain node to associate the digital signature with the sharing certificate, and perform the chaining operation on the digital signature and the sharing certificate for storing the digital signature and the sharing certificate. [0112] It may be understood that, in a case that the sharing certificate contains the digital signature from the source organization, the validity of the sharing certificate may be verified when the blockchain node shares the target data with the target organization based on the sharing certificate.).
Regarding claim 23 FAN discloses
further comprising a user-interface generator configured to provide a user-interface ([0205] As illustrated in FIG. 9, the electronic device includes: one or more processors 901, a memory 902, and interfaces for connecting various components, including a high-speed interface and a low-speed interface. Various components are connected to each other via different buses, and may be mounted on a common main board or in other ways as required. The processor may process instructions executed within the electronic device, including instructions stored in or on the memory to display graphical information of the GUI (graphical user interface) on an external input/output device (such as a display device coupled to an interface).).
Regarding claim 24 FAN discloses
wherein the user-interface is configured to allow a user to enter company information of the company, and to provide the electronic signature for the legal document ([0205] As illustrated in FIG. 9, the electronic device includes: one or more processors 901, a memory 902, and interfaces for connecting various components, including a high-speed interface and a low-speed interface. Various components are connected to each other via different buses, and may be mounted on a common main board or in other ways as required. The processor may process instructions executed within the electronic device, including instructions stored in or on the memory to display graphical information of the GUI (graphical user interface) on an external input/output device (such as a display device coupled to an interface). ).
Regarding claim 25 FAN discloses
wherein the user-interface is also configured to allow a user to provide the subscription information for the company ([0205] As illustrated in FIG. 9, the electronic device includes: one or more processors 901, a memory 902, and interfaces for connecting various components, including a high-speed interface and a low-speed interface. Various components are connected to each other via different buses, and may be mounted on a common main board or in other ways as required. The processor may process instructions executed within the electronic device, including instructions stored in or on the memory to display graphical information of the GUI (graphical user interface) on an external input/output device (such as a display device coupled to an interface).).
Regarding claim 26 FAN discloses
wherein the user-interface is configured to allow a user to view a list of companies in the network of companies ([0205] As illustrated in FIG. 9, the electronic device includes: one or more processors 901, a memory 902, and interfaces for connecting various components, including a high-speed interface and a low-speed interface. Various components are connected to each other via different buses, and may be mounted on a common main board or in other ways as required. The processor may process instructions executed within the electronic device, including instructions stored in or on the memory to display graphical information of the GUI (graphical user interface) on an external input/output device (such as a display device coupled to an interface).). The Examiner notes the use of non-functional descriptive material in the claim, wherein the data displayed have little to no patentable weight since the user interface would perform the same regardless of the data been displayed.
Regarding claim 28 FAN discloses
wherein the user-interface is configured to allow a user to enter document information regarding another signed legal document for authentication of the other signed legal document ([0205] As illustrated in FIG. 9, the electronic device includes: one or more processors 901, a memory 902, and interfaces for connecting various components, including a high-speed interface and a low-speed interface. Various components are connected to each other via different buses, and may be mounted on a common main board or in other ways as required. The processor may process instructions executed within the electronic device, including instructions stored in or on the memory to display graphical information of the GUI (graphical user interface) on an external input/output device (such as a display device coupled to an interface).).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over FAN (US Patent Publication 2021/0351938) in view of SHI (CN 202210787986).
Regarding claim 5, FAN discloses a method and apparatus for sharing data based on blockchain wherein users can subscribe to the system, however fails to teach unsubscribing to the system.
SHI which also relates to blockchain technology further teaches:
wherein the other block of the blockchain is associated with an event in which the other company leaves the network of companies (S301, receiving the cancellation instruction of the block chain node to be unregistered. In this embodiment, the need to the block chain network in any block chain node to log out, the user can through the Web front end to the BaaS platform server sends the cancellation instruction of the block chain node to be unregistered. S302, according to the cancellation instruction query the to-be-cancelled block chain node related to all block chain account. In this embodiment, the BaaS platform server can request database, query blockchain account book to be unregistered block chain node related to the node information of the block chain node to be unregistered from all the blockchain account book S303, the to-be-unregistered block chain node related to all block chain account book logout the node information of the block chain node to be unregistered. In this embodiment, for the to-be-cancelled block chain node related to any block chain account block link node information of the block chain node, namely the to-be-unregistered block chain node is determined as invalid node in the blockchain account book, for example, a certain blockchain account book A is deployed on the block chain node 0 to 4, when needing to log out block chain node 1, for blockchain account book A can be query to 5 block chain node, by the cancellation process, it can make the effective node only block chain node 0, 2 to 4, block chain node 1 is invalid node, block chain node 0. 2 to 4 no longer heartbeat detection with the block chain node 1. Specifically, the BaaS platform server can pass through block chain agent node traversing all the blockchain account book chain node related to the block chain node related to the node information of the block chain node, namely, BaaS platform server can send the cancellation instruction to block chain node to be unregistered to block chain agent node of block chain network, so that the block chain agent node to be unregistered block chain node related to the block chain node node information of block chain node. ).
Therefore, it would be obvious to one of ordinary skill in the art at the time the invention was made to include in the system of FAN “wherein the other block of the blockchain is associated with an event in which the other company leaves the network of companies” since such modification represents a well-known improvement in a similar system (i.e. blockchain) rendering well-known benefits such as recording all user activity such as making a client inactive or no longer participating within the system thereby improving and assuring data integrity and security.
Regarding claim 27, SHI further teaches
wherein the user-interface is configured to allow a user to un-subscribe the company for the network of companies (S301, receiving the cancellation instruction of the block chain node to be unregistered. In this embodiment, the need to the block chain network in any block chain node to log out, the user can through the Web front end to the BaaS platform server sends the cancellation instruction of the block chain node to be unregistered.).
Therefore, it would be obvious to one of ordinary skill in the art at the time the invention was made to include in the system of FAN “wherein the user-interface is configured to allow a user to un-subscribe the company for the network of companies” since such modification represents a well-known improvement in a similar system rendering well-known benefits such as allowing a user to become client inactive or to no longer participate within the system thereby improving and assuring customer service.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over FAN (US Patent Publication 2021/0351938) in view of AWS Database Blog (Amazon QLDB data streaming via AWS CDK, 07 JUN 2021).
Regarding claim 10, FAN discloses the use of blockchain technology within the system, however does not specifically disclose wherein the blockchain-service provider is Amazon Quantum Ledger Database (QLDB).
AWS Database Blog which is directed to explaining the benefits of Amazon QLDB as a service provider.
AWS Database Blog further teaches:
wherein the blockchain-service provider is Amazon Quantum Ledger Database (QLDB) (Amazon Quantum Ledger Database (Amazon QLDB) is a fully managed ledger database that provides a transparent, immutable, and cryptographically verifiable transaction log. You can use Amazon QLDB to track each application data change, and it maintains a complete and verifiable history of changes over time. Because of those key features, banking customers have adopted Amazon QLDB as a database of choice to store attestation records for preventive auditing and scanning results for release information during the application deployment cycle.. This provides an immutable and auditable history record of every preventative attestation throughout application lifecycles. However, because Amazon QLDB does not yet support an end-to-end backup with restore solution, we need to explore other approaches to improve data resiliency. This post shows how to use the AWS Cloud Development Kit (AWS CDK) to set up Amazon QLDB, populate the Amazon QLDB data using AWS Lambda functions, and set up Amazon QLDB streaming to provide data resiliency of the data stored in the Amazon QLDB ledger. We also extend the architecture to replay the data into another Amazon QLDB ledger to provide extra data resiliency. ).
Therefore, it would have been obvious to one or ordinary skill in the art to include the Amazon Quantum Ledger Database (QLDB) as a blockchain service provider since such improvement in the system of FAN is a modification that provides well known benefits such as a transparent, immutable, and cryptographically verifiable transaction log to track each application data change, and it maintain a complete and verifiable history of changes over time as disclosed by AWS Database Blog.
Response to Arguments
Applicant's arguments filed 10/20/2025 have been fully considered but they are not persuasive.
In regards to the previously presented 35 USC 101 Applicant argues:
Page 16 “Applicant respectfully notes that the broadest reasonable interpretation of the above features, when reading the claim as a whole, should not encompass subject matter performed by a mental step. This is because the above claim language explicitly requires (1) an electronic legal document provider to electronically provide a legal document and to electronically obtain a signed legal document, (2) a subscription engine to electronically obtain subscription information and to electronically register the company as a subscriber based on the subscription information, and (3) a processing unit configured to communicatively couple with a blockchain generator configured to generate a block of a blockchain…Accordingly, none of the features recited in claim 1 is performed by mental step in view of the amended language of claim 1 ” Examiner notes the applicant is arguing the additional elements analyzed under prong two of step 2A. The limitations describing the abstract idea are “a legal document provider configured to provide a legal document; obtaining a signed legal document for a company, wherein the signed legal document is based on a signature applied for the legal document; obtaining subscription information for the company, and register the company as a subscriber for the network of companies based on the subscription information; generating a record based on the signed legal document and also based on the company being registered as the subscriber for the network of companies, and wherein the record is generated in association with signed legal documents of respective companies in the network of companies, thereby linking confidentially confidentiality obligations under the signed legal documents among the companies in the network of companies to create a verifiable fabric of confidentiality to enable the companies in the network of companies to exchange information with each other based on the confidentiality obligations.” As identified in the analysis above, these limitations are generally linking the use of the judicial exception to a particular technological environment by requiring the use of an electronic documents and blockchain and using the technology as a tool to perform an abstract idea.
Page 17 “The features in claim 1 regarding the blockchain being generated in association with signed legal documents of respective companies to thereby cryptographically link confidentiality obligations to create a verifiable fabric of confidentiality is advantageous and an improvement in the technical field because it implements and maintains confidentiality obligations among companies in a way that significantly reduces time and efforts. Such features also enable the companies in the network of companies to exchange information, thereby achieving a practical utility. Accordingly, the subject matter of claim is tied to the physical real world and provides a practical utility in the real world. Therefore, claim 1 as a whole should satisfy 101”. Examiner asserts that practical utility and abstract idea are different analysis and analyzing if the claim is a process, machine, manufacture or composition of matter is step 1 in the abstract idea analysis under 35 USC 101. As part of step 1, the examiner needs to identify if the claim is directed to one of the statutory categories, within this analysis and to satisfy 35 U.S.C. 101, an invention must be "useful.” “Practical utility is a shorthand way of attributing "real-world" value to claimed subject matter. In other words, one skilled in the art can use a claimed discovery in a manner which provides some immediate benefit to the public.” See MPEP 2107.01. After this determination, then the examiner proceeds to steps 2A and 2B of the abstract idea analysis. In the instant case the examiner determined that yes, the claims fall within one of the statutory categories and thereby had a practical utility, proceeding with step 2A to identify that the claims were directed to an abstract idea and 2B to identify the additional elements of the claim.
Page 18 “thus, claim 1 recites an improvement to a technical field” Examiner respectfully disagrees. The lack of prior art does necessarily not indicate an improvement to a technical field. Applicant have failed to articulate a reasoning as to how the argued limitations are improving the technology.
Page 19 “Given the specific, concrete limitations recited in the subject claims, Applicant respectfully submits that the claims may be more suitable for streamlined eligibility analysis under Section I.B.3. of the Interim Eligibility Guidance. Under that streamlined eligibility analysis, Applicants respectfully submit that the claims clearly recite eligible subject matter.” Examiner respectfully disagrees. For purposes of efficiency in examination, examiners may use a streamlined eligibility analysis (Pathway A) when the eligibility of the claim is self-evident, e.g., because the claim clearly improves a technology or computer functionality. However, if there is doubt as to whether the applicant is effectively seeking coverage for a judicial exception itself, the full eligibility analysis (the Alice/Mayo test described in MPEP § 2106, subsection III) should be conducted to determine whether the claim integrates the judicial exception into a practical application or recites significantly more than the judicial exception. See MPEP 2106.06 In the instant case, the examiner understand that the claims at hand does not clearly improves a technology or computer functionality, therefore the streamlined eligibility analysis does not apply.
In regards to the previously presented 35 USC 102; Applicant' s arguments with respect to claim(s) 1-7, 9-12, 17-20, 22-29 and 57 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
ZHANG, US Patent Publication 2022/0182443 MINIMIZING THE IMPACT OF MALFUNCTIONING PEERS ON BLOCKCHAIN [0121] According to the example embodiments, each of the organizations that intend to share documents with other organizations uses a blockchain document processor connected to a blockchain network.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA C SANTOS-DIAZ whose telephone number is (571)272-6532. The examiner can normally be reached Monday-Friday 8:00AM-5:00PM.
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/MARIA C SANTOS-DIAZ/Primary Examiner, Art Unit 3629