DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on January 13, 2026 has been entered. Applicant has amended 1, 4, and 5. Applicant has cancelled claims 2-3 and 11-12. Applicant added claim 14. Claims 1, 4-10 and 13-14 are now pending, have been examined and currently stand rejected.
Claim Interpretation
Non-Functional language:
In claim 1, the phrase “wherein the digital profits comprises advertising profits for a certain category of product, franchise platform licensing fees, or platform operating fees” is non-functional descriptive material, as it only describes the digital profits.
In claim 6, the term “Da-Tie” is non-functional descriptive material, as it only describes, the binding format.
Similarly, in claim 10, the term “DA-Send” is non-functional descriptive material, as it only describes, the sending form.
It has been held that non-functional descriptive material will not distinguish the invention from the prior art in terms of patentability.
Examiner has provided prior art, where available, for these intended use and/or non-functional phrases/limitations, however, these phrases/limitations will not distinguish the invention from the prior art in terms of patentability. Accordingly, the prior art is only provided in the interest of compact prosecution.
Intended-Use/Result Language:
In claim 1, the phrase “so that the first terminal owns the product rights corresponding to the minted non-fungible tokens” is the intended use result of the first terminal making payment and non-fungible tokens are minted. For example, the phrase merely indicates the intended result of the transaction.
In claim 10, the phrase “so that the third terminal owns the required product rights” is the intended use result of the third terminal making payment and non-fungible tokens are minted. For example, the phrase merely indicates the intended result of the transaction.
In claim 8, the phrase “to destroy the non-fungible tokens corresponding to the product rights to be exchanged” is the intended use of calling the smart contract. For example, the clams fails to positively recite a step where the non-fungible tokens are destroyed.
The applicant is reminded that these portions, i.e., intended use/result, do not further limit the scope of the claim as the limitations, or portions thereof, do not claim the functions as being positively recited actions or functions, and/or they do not add any meaning or purpose to the associated manipulative step(s). See MPEP 2103 C and 2111.04. Simply because the limitation recites something as being "for ... [performing a specific functionality]", etc. does not mean that the functions are required to be performed, or are actually performed.
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, 4-10 and 13-14 are rejected under 35 U.S.C. 101 because the claimed invention recites and is directed to a judicial exception to patentability (i.e., an abstract idea) and does not provide an integration of the recited abstract idea into a practical application nor include an inventive concept that is “significantly more” than the recited abstract idea to which the claim is directed. MPEP §2106.
In determining subject matter eligibility in an Alice rejection under 35 U.S.C. §101, it is first determined as Step 1 whether the claims are directed to one of the four statutory categories of an invention (i.e., a process, a machine, a manufacture, or a composition of matter). MPEP §2106.03.
Here, the claims are directed to the statutory category of a process (Claims 1, 4-10 and 13) and a machine (claim 14). Therefore, we proceed to Step 2A, Prong 1. MPEP §2106.
Under a Step 2A, Prong 1 analysis, it must be determined whether the claims recite an abstract idea that falls within one or more enumerated categories of patent ineligible subject matter that amounts to a judicial exception to patentability. MPEP §2106.04. Independent Claim 1 is selected as being representative of the independent claims in the instant application. Claim 1 recites:
A blockchain-based decentralized payment method comprising:
a first terminal obtaining entry information of a transaction space of a second terminal; wherein the first terminal is a user terminal of a consumer, and the second terminal is a merchant terminal;
the first terminal skipping to a page of the transaction space of the second terminal based on the entry information, wherein the page is configured to display product rights owned by the second terminal, and the product rights are bound to non-fungible tokens; the first terminal associating a first digital wallet of the first terminal with the transaction space of a second terminal;
the first terminal making payment in the transaction space of the second terminal using the first digital wallet based on transaction amount of the product rights selected by a user, and minting the non-fungible tokens bound to the product rights selected by the user, so that the first terminal owns the product rights corresponding to the minted non-fungible tokens;
wherein the step of the first terminal obtaining the entry information of the transaction space of the second terminal comprises: the first terminal obtaining a transaction link for product rights of a designated category owned by the second terminal, wherein a page of the transaction space of the second terminal is configured to display the product rights of the designated category owned by the second terminal;
wherein the step of the first terminal obtaining a transaction link for product rights of a designated category owned by the second terminal comprises: the first terminal taking a photo of advertising images on a projection screen showing a product, and obtaining a transaction link for product rights of a designated category corresponding to the displayed product based on the projection screen;
the method further comprises the following steps:
obtaining digital profits to be distributed and determining non-fungible tokens corresponding to the digital profits, wherein the digital profits comprises advertising profits for a certain category of product, franchise platform licensing fees, or platform operating fees;
determining beneficiaries corresponding to the digital profits based on the non-fungible tokens corresponding to the digital profits;
obtaining holding amounts and durations of the product rights owned by the beneficiaries;
obtaining a contribution record of the beneficiaries to the product rights;
calculating contribution values of the beneficiaries based on a preset contribution value calculation method, according to the holding amounts, holding durations, and the contribution records of the beneficiaries;
calling the second smart contract, calculating income value distributed to each beneficiary, and distributing the digital profits to be distributed to the beneficiaries, based on the contribution value of each beneficiary.
Here, the claims recite an abstract idea, or combination of facilitating payment and ownership transfer using tokens representing product rights and determining digital profits to be distributed and determining beneficiaries. This concept/abstract idea, which is identified in the bolded sections seen above, falls within the Certain Methods of Organizing Human Activity grouping because it describes a commercial or legal interactions (e.g., transfer of rights).
Accordingly, it is determined that the claims recite an abstract idea since they fall within one or more of the three enumerated categories of patent ineligible subject matter. MPEP §2106.04.
Since it is determined that the claim(s) contain a judicial exception, it must then be determined, under Step 2A, Prong 2, whether the judicial exception is integrated into a practical application of the exception. MPEP §2106.04. In order to make this determination, the additional element(s) are analyzed to determine if the claim as a whole integrates the recited judicial exception into a practical application of that exception. Here claim 1 recites the additional elements of terminals, non-fungible tokens and a digital wallet. Independent claim 14 recite the additional elements of a system of terminals, non-fungible tokens and a digital wallet. These additional elements are all recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception, or a portion thereof, using a generic computer component. See MPEP 2106.05(f). Additionally, Examiner finds no indication in the Specification, that the operations recited in the independent claims require any specialized computer hardware or other inventive computer components, i.e., a particular machine, invoke any allegedly inventive programming, or that the claimed invention is implemented using other than generic computer components to perform generic computer functions. Furthermore, there is no indication in the claim(s) use of a system of terminals, non-fungible tokens and a digital wallet in combination with the abstract idea leads to an improvement of the processor, memory, another technology, or to a technical field. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Looking at the elements as a combination does not add anything more than the elements analyzed individually. Examiner further notes that even though the claims may not preempt all forms of the abstraction, this alone, does not make them any less abstract.
When analyzed under step 2B, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a generic computing component (e.g., a system of terminals, non-fungible tokens and a digital wallet) to implement the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept or significantly more than the judicial exception. Considered as an ordered combination, the additional elements recited in the claim(s) add nothing that is not already present when the steps are considered separately.
Therefore, claims 1 and 14 is rejected under 35 U.S.C. §101 and are not patent eligible. Dependent claims 4-10 and 13 when analyzed are held to be patent ineligible under 35 U.S.C. §101 because the additional recited limitation(s) fail to establish that the claim(s) is/are not directed to an abstract idea.
Dependent claims 4-5 further refine the abstract idea by determining a category a product, and access payment platform. These claims fail to include any new additional elements that integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Dependent claim 6 further refine the abstract idea by describing how the second terminal uploads right data. This claim fail to include any new additional elements that integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Dependent claim 7 further refine the abstract idea by describing the product right data. This claim fail to include any new additional elements that integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Dependent claim 8 further refine the abstract idea by describing an exchange method of NFT and product right. This claim fail to include any new additional elements that integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Dependent claim 9 further refine the abstract idea by indicating pick-up and delivery method of the product rights to be exchanged. This claim fail to include any new additional elements that integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Dependent claim 10 further refine the abstract idea by describing an exchange process between the first terminal and a third terminal. This claim fail to include any new additional elements that integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Dependent claim 13 further refine the abstract idea by determining product rights value and amount to be paid for it. This claim fail to include any new additional elements that integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
In summary, the dependent claims considered both individually and as an ordered combination do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract ideas itself. The claims do not recite an improvement to another technology or technical field, an improvement to the functioning of the computer itself, or provide meaningful limitations beyond generally linking an abstract idea to a particular technological environment. Therefore, the dependent claims are also not patent eligible.
Accordingly, it is determined that all claims are directed to non-statutory subject matter under 35 U.S.C. 101 and are ineligible
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.
Claims 1, 4, 7 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Blevins, (US 2022/0027992 A1), in view of Lee (US 2024/0378591 A1), in view of Kotch (US 2020/0320554 A1) in view of Smith (US 11663646 B2) hereinafter “Smith”.
Regarding claims 1 and 14: Blevins disclose:
Claim 1: A blockchain-based decentralized payment method comprising:
Claim 14: A decentralized payment system comprising a first terminal and a second terminal, wherein the first terminal is a user terminal of a consumer, and the second terminal is a merchant terminal (See at least Blevins, Fig. 1; [0026]; [0030], the system is configured to realize the following steps:
a first terminal obtaining entry information of a transaction space of a second terminal; (See at least Blevins, [0023]; [0026]; [0037]; [0057-0060]. Blevins disclose a first terminal (i.e., client/user device) obtaining entry information of a transaction space of a second terminal (e.g., by using an URL associated with an applications server or platform).)
wherein the first terminal is a user terminal of a consumer, and the second terminal is a merchant terminal; (See at least Blevins, Fig. 1; [0026]; [0030] wherein the first terminal is a user terminal of a consumer (i.e., client device) and the second terminal is a merchant terminal (i.e., application server 120 to utilize the platform 140 for listing trees or trading the tree tokens on the platform.)
the first terminal skipping to a page of the transaction space of the second terminal based on the entry information, wherein the page is configured to display product rights owned by the second terminal, and the product rights are bound to non-fungible tokens; the first terminal associating a first digital wallet of the first terminal with the transaction space of a second terminal; (See at least Blevins, [0039-0041]; [0057-0058]; [0060]; Blevins disclose the first terminal skipping to a page of the transaction space of the second terminal (e.g., access a link from the tree listing to buy the tree token) based on the entry information (e.g., In some embodiments, the native application 105 may be configured to interact with the platform 140, such as by submission of a transaction (e.g., request to process the transaction) onto the platform) wherein the page is configured to display product rights owned by the second terminal (i.e., The registration service may allow users, such as tree owners or other users interesting in adopting trees by trading tree tokens associated with trees, to register via the application server 120 to utilize the platform 140 for listing trees or trading the tree tokens on the platform) the first terminal associating a first digital wallet of the first terminal with the transaction space of a second terminal (i.e., a user may have an account with the application server 120 and an account, like a wallet, established on the platform).)
the first terminal making payment in the transaction space of the second terminal using the first digital wallet based on transaction amount of the product rights selected by a user, and minting the non-fungible tokens bound to the product rights selected by the user, so that the first terminal owns the product rights corresponding to the minted non-fungible tokens. (See at least Blevins, [0060-0061] Blevins disclose the first terminal (i.e., mobile device of the user) making payment in the transaction space of the second terminal (e.g., when user selects the tree token from platform’s listings) using the first digital wallet based on transaction amount of0the product rights selected by a user (i.e., buying the tree token using their digital wallet) and minting the0. non-fungible tokens bound to the product rights selected by the user, so that the first terminal owns the product rights corresponding to the minted non-fungible tokens.)
wherein the step of the first terminal obtaining the entry information of the transaction space of the second terminal comprises: the first terminal obtaining a transaction link for product rights of a designated category owned by the second terminal, wherein a page of the transaction space of the second terminal is configured to display the product rights of the designated category owned by the second terminal; (See at least Blevins, [0023]; [0045]; [0060] [0075]; The trees may be classified into various types and the listing service may require different data for different types of trees. For example, some different types of tees may have at least some different properties corresponding to the respective type of tree. For example, one such classification may classify a tree into one of three types-street trees, significant trees, and ecologically beneficial trees.)
wherein the step of the first terminal obtaining a transaction link for product rights of a designated category owned by the second terminal comprises: the first terminal taking a photo of advertising images on a projection screen showing a product, and obtaining a transaction link for product rights of a designated category corresponding to the displayed product based on the projection screen; (See at least Blevins, [0045]; [0060] Blevins disclose the first terminal (i.e., user device) taking a photo of a projection screen showing a product (e.g., when scans identifier and/or QR code of the tree) and obtaining a transaction link for product rights of a designated category corresponding to the displayed product based on the projection screen (e.g., which may cause the mobile device to request a listing of the particular tree at a uniform resource locator (URL) that resolves to an IP address of the platform, which may respond to the request with a GUI having a listing of the particular tree rendered in the mobile device (e.g., via a web browser or mobile application.) Note that trees have different types of classifications (e.g., categories).
Blevins does not explicitly disclose, however, Lee taches the following steps:
obtaining digital profits to be distributed and determining non-fungible tokens corresponding to the digital profits, wherein the digital profits comprises advertising profits for a certain category of product, franchise platform licensing fees, or platform operating fees; (See at least Lee, [0025]; [0027]; [0029]; where digital profits (i.e., profit generated) are obtained to be distributed and determining the non-fungible tokens (i.e., NFTs) corresponding to the digital profits (i.e., the collected profits converted in NFTs)
determining beneficiaries corresponding to the digital profits based on the non-fungible tokens corresponding to the digital profits; (See at least Lee, [0027]; [0029-0036]; The blockchain company 40 may issue n NFTs as profit-making securities, which are issued under a contract concluded with the live asset right holder, to a plurality of investors (Investor 1, Investor 2, Investor 3, ... , and Investor m).
obtaining holding amounts and durations of the product rights owned by the beneficiaries; obtaining holding amounts and durations of the product rights owned by the beneficiaries; (See at least Lee, [0029-0031])
calling the second smart contract, calculating income value distributed to each beneficiary, and distributing the digital profits to be distributed to the beneficiaries, based on the contribution value of each beneficiary. (See at least Lee, [0039]; [0050-0051]; [0065]; Since the system 20 for providing a profit distribution service according to the one embodiment includes the kind of smart contract concept that is the same as the act of sharing a contract between contracting while ensuring transparency of the blockchain in the process of reviewing, signing and notarizing the contents of the contract, the investor owning the NFT according to one embodiment may request distribution of profits to the live asset right holder based on the NET token even when intermediaries such as the bloc kc ha in issuers or exchanges disappear.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination (representing ownership or fractional ownership using tree tokens) and include Lee's teaching in order so that investors can request profit distribution on N FT from asset owners based tokens even when intermediaries such as the blockchain issuers or exchanges disappear and credibility and fundamental values can be given to the blockchain profit-making securities using NFT. Lee, [0017].
The combination of Blevins and Lee does not explicitly disclose; however Kotch teaches obtaining a contribution record of the beneficiaries to the product rights; (see at least Kotch, [0011]; [0024-0026]; [0031] The system 10 then calculates a qualified capital contribution amount for the seller (step 6). The qualified capital contribution amount is a monetary sum that the investor makes available to the seller via the control account 46. The qualified capital contribution amount is calculated based upon a sum of the future seller product value for each accepted seller product. The qualified capital contribution amount may be disbursed in one of a variety of disbursement processes. For example, for qualified capital contribution)
calculating contribution values of the beneficiaries based on a preset contribution value calculation method, according to the holding amounts, holding durations, and the contribution records of the beneficiaries; (see at least Kotch, [0011]; [0024-0026]; [0031] The system 10 then calculates a qualified capital contribution amount for the seller (step 6). The qualified capital contribution amount is a monetary sum that the investor makes available to the seller via the control account 46. The qualified capital contribution amount is calculated based upon a sum of the future seller product value for each accepted seller product. The qualified capital contribution amount may be disbursed in one of a variety of disbursement processes. For example, for qualified capital contribution.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination and include Kotch's teachings in order to provide transparency and trust and increasing efficiency.
The combination of Blevins, Lee and Kotch disclose the user of non-fungible tokens that represents trees and ownership (e.g., product rights), Blevins, [0053]. However, Blevins does not explicitly disclose, minting the tokens after the products rights being purchased.
Smith, on the other hand, teaches minting the tokens after the products rights being purchased. See at least Smith, Claim 1. a purchase order request for a selected item in the catalogue of items, generating an identification token associated with the selected item).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Blevins and include the teachings of Smith in order to ensure that the NFTs accurately reflect finalized ownership.
Regarding claim 4: The combination of Blevins, Lee, Kotch and Smith disclose the decentralized payment method according to claim 1. The combination further disclose wherein the step of the first terminal obtaining a transaction link for product rights of a designated category owned by the second terminal comprises: the first terminal taking a photo of a displayed product, identifying the photo to determine a category of the displayed product, and obtaining a transaction link for the product rights of a specified category corresponding to the displayed product. (See at least Blevins, [0045]; [0060]. Blevins disclose the first terminal taking a photo of a displayed product (i.e., user/mobile device take a picture of the tree) identifying the photo to determine a category of the displayed product, and obtaining a transaction link for the product rights of a specified category corresponding to the displayed product (e.g., which may execute logic to automatically identify the tree (e.g., using image recognition or other methods) and to cause a GUI having the listing of the particular tree rendered in the mobile device (e.g., in a web browser or the mobile application). Note that trees have different types of classifications (e.g., categories).)
Regarding claim 5: The combination of Blevins, Lee, Kotch and Smith disclose the decentralized payment method according to claim 1. The combination further disclose wherein the step of the first terminal obtaining a transaction link for product rights of a designated category owned by the second terminal comprises:
the first terminal logging into a payment platform, wherein the payment platform is configured with an application programming interface, and the second terminal is configured to access the payment platform through a created decentralized application or through an Internet e-commerce sales platform, and upload product right data owned by the second terminal to the blockchain; (See at least Blevins, [0040-0043]; [0093]. Blevins disclose the first terminal logging into a payment platform (e.g., The registration process may involve creation of user accounts for the users. In some embodiments, users may register with the platform, such as by creating an account, like a wallet, associated with the user. In some embodiments, users may register via a native application 105 or via a website associated with the application server 120, which may facilitate the creation of one or more accounts (e.g., a user may have an account with the application server 120 and an account, like a wallet, established on the platform).); wherein the payment platform is configured with an application programming interface (e.g., disclose API call is performed to process a request of the user to purchase a tree) the second terminal is configured to access the payment platform through a created decentralized application or through an Internet e-commerce sales platform, and upload product right data owned by the second terminal to the blockchain (e.g., In some examples, such as after registration as a tree owner, a user may enter or upload details about a tree 130A; In some embodiments, listing service privileges for a tree may be dependent on a requirement that the tree owner certify ownership of the tree).
the first terminal retrieving and obtaining product rights of a specified category or corresponding smart contracts through the payment platform, and obtaining the transaction link for the product rights of the specified category in the decentralized application. (See at least Blevins, Fig. 3A element 305; [0060]; wallet. In another example, the user may access the online marketplace (e.g., via a web browser, such as browser 119 by using an URL associated with the platform or via the mobile application, such as native application 105), select one of the tree tokens listed in the online marketplace, and proceed with buying the tree token using the digital wallet. The user may optionally access the link associated with the tree token to view the information about the tree). Note: Examiner will interpretate “retrieving and obtaining product rights” as “view product rights” as recited in the Specification, [0047].
Regarding claim 6: The combination of Blevins, Lee, Kotch and Smith disclose the decentralized payment method according to claim 1. The combination further disclose wherein before the first terminal obtaining the entry information of the transaction space of a second terminal, the method further comprises the following steps: the second terminal uploading the product right data owned by the second terminal to the blockchain, and binding each product right with non-fungible tokens in a DA-Tie format. (See at least Blevins, [0020]; [0025]; [0052]; [0055] The tokenization service, such as a smart contract 145 by which tree tokens are generated, may associate each generated tree token with one or more attributes, such as a unique token identifier ( e.g., as an identifier or based on an identifier of the tree for which the tree token is created), association of the tree token identifier with an identifier ( e.g., like a unique address) of the smart contract, name (e.g., which may be the identifier of the tree, and may be unique), genus and species of the tree, an image of the tree, a link to the tree listing in the platform, a smart contract, etc.)
Regarding claim 7: The combination of Blevins, Lee, Kotch and Smith disclose the decentralized payment method according to claim 6. The combination further disclose wherein the product right data at least comprises product category, product number, product specification, and production information corresponding to each product right. (See at least Blevins, [0040] In some examples, such as after registration as a tree owner, a user may enter or upload details about a tree 130A, or a plurality of trees 130, and their corresponding properties 135 (e.g., tree 130A may have properties 135A, tree 130B may properties 135B, etc., and different ones of the trees may have different properties.)
Regarding claim 13: The combination of Blevins, Lee, Kotch and Smith disclose the decentralized payment method according to claim 1. The combination further disclose wherein before the step of the first terminal making payment in the transaction space of the second terminal using the first digital wallet based on the value of the product rights selected by a user, the method further comprises the following steps:
determining amount of product rights selected by the user; (See at least Blevins, [0022]; [0045-0048])
based on a preset product right value calculation method, determining a unit price of the product rights and the value of the product rights selected by the user, with the value comprising transaction amount of payable tokens and/or transaction amount of non-fungible tokens. (See at least Blevins [0022]; [0029]; [0045-0048];) to continually develop and improve a model (or formula) that is used to estimate values ( e.g., based on properties of a tree) that are indicative of the ecological benefits
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Blevins, Lee, Kotch and Smith as applied to claim 6 above, and further in view of Wong et al (US 20230169593 A1), “Wong”.
Regarding claim 8: The combination of Blevins, Lee, Kotch and Smith disclose the decentralized payment method according to claim 6. The combination further disclose wherein after the first terminal owns the product rights corresponding to the minted non-fungible tokens, the method further comprises the following steps: the first terminal receiving a product exchanging instruction from the user, determining the product rights to be exchanged and product acquisition method; after receiving a successful product exchange instruction, the first terminal calling a first smart contract to destroy the non-fungible tokens corresponding to the product rights to be exchanged. (See at least Blevins, [0054-0056]; the first terminal receiving a product exchanging instruction from the user, determining the product rights to be exchanged and product acquisition method; after receiving a successful product exchange instruction (e.g., In addition to generating a tree token, the smart contract 145 may define or control the distribution of funds from a sale and transfer of the tree token with various entities such as the tree owner, other users associated with the platform that may purchase or trade tree tokens; For example, a buyer may select one or more tree tokens from the online marketplace to purchase and request the tree tokens be delivered to their digital wallet.) However, Blevins in view of Smith does not explicitly disclose calling a smart contract to destroy the non-fungible tokens corresponding to the product rights to be exchanged.
Wong, on the other hand, teaches calling a smart contract to destroy the non-fungible tokens corresponding to the product rights to be exchanged. (See at least Wong, [0026] In addition, the manner of destroying the tokens is to transfer the tokens to an address, or execute the destroy function of the smart contract to destroy the tokens.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination by including Wong’s teachings in order to enhance integrity and prevent reuse or fraud.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Blevins, Lee, Kotch, Smith and Wong as applied to claim 8 above, and further in view of Quigley, (US 2023/0196341 A1)
Regarding claim 9: The combination of Blevins, Lee, Kotch, Smith and Wong disclose the decentralized payment method according to claim 8. However, the combination does not specifically disclose, wherein after the step of determining the product rights to be exchanged and product acquisition method, the method further comprises the following steps:
if the product acquisition method of the product is for the user to pick up the product, based on the non-fungible tokens bound to the product rights to be exchanged, the first terminal obtaining and displaying a location of the product corresponding to the product rights to be exchanged; (See at least Smith, Col. 7 line 62-66; Col. 10 lines 13-34).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Blevins and include the teachings of Smith in order to provide users with the flexibility in retrieving goods and thereby improving user experience.
The combination of Blevins and Smith does not disclose; however Quigley teaches:
if the product acquisition method of the product is logistics delivery, based on the nonfungible tokens bound to the product rights to be exchanged, the first terminal obtaining information of a product supplier corresponding to the product rights to be exchanged, obtaining the user's address bound to the first terminal, generating a logistics delivery order, and pushing the order to a corresponding logistics management system of the product supplier. (See at least Quigley, [0273]; [0287]; [0470]. In some of these embodiments, the process includes obtaining shipping information for a recipient of a redeemable item. In some of these embodiments, the process includes arranging logistics for delivery of a redeemable item.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Blevins and include the teachings of Quigley in order to provide users with the flexibility in retrieving goods and thereby improving user experience.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Blevins, Lee, Kotch and Smith as applied to claim 8 above, and further in view of Bakshi et al. (US 2024/0020665 A1).
Regarding claim 10: The combination of Blevins, Lee, Kotch and Smith disclose the decentralized payment method according to claim 1. The combination further disclose. In another example, a user may sell a tree token ( e.g., bought from a tree owner) to another user in the online marketplace. In yet another example, a tree owner may buy back the tree token from a user currently holding the tree token. Blevins, [0056]. However, the combination does not explicitly disclose but Bakshi teaches:
the first terminal disclosing entry information of a transaction space of the first terminal or sending the entry information corresponding to the product rights to a third terminal in a form of DA-Send; (See at least Bakshi, [0063] At block 520, the creator may then advertise the availability of the NFT for purchase, lease, or trade by sharing the link to the NFT dApp with fans and potential buyers, for example, via social media ( e.g., as part of a post on a social media platform (e.g., social media platform170) and/or one or more other social media platforms), email, text message, or other electronic means.).
the third terminal skipping to a page of the transaction space of the first terminal based on the entry information, making payment and minting non-fungible tokens corresponding to required product rights using a third digital wallet associated with the third terminal, so that the third terminal owns the required product rights. (See at least Bakshi, [0063-0069] FIG. 6 is a flow diagram illustrating operations for purchasing an NFT ( e.g., NFT 135) minted by a proof of creation facilitator service ( e.g., proof of creation facilitator service 120) according to some embodiments. At block 640, after the digital artifact has been successfully transferred to the buyer's data vault, the buyer releases the funds from escrow, for example, by signing the transaction with their crypto wallet ( e.g., Metamask or the like) and the reator's smart contract then updates the ownership of the NFT).
One of ordinary skill in the art would have recognized that applying the known technique of Bakshi would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of sharing NFT for purchase of Bakshi to the teachings of the above combination would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such data processing features into similar systems. Further, by advertise the availability of the NFT for purchase to the above combination, would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow more community engagement.
Response to Arguments
Claim Rejections under 35 USC §112
Applicant’s amendments has corrected the previously identifier issues. Accordingly, rejections under 35 USC §112(b) has been withdrawn.
Claim Rejections under 35 USC §101
Prong 1 of Step 2A: Applicant asserts that the claim elements underlined above do not concern mental processes because it is apparent such elements cannot be "performed in the human mind, or by a human using a pen and paper. Amendment pp. 11-13. Examiner respectfully disagrees. The claims recite the abstract idea of facilitating payment and ownership transfer using tokens representing product rights and determining digital profits to be distributed and determining beneficiaries.
Prong 2 of Step 2A: Applicant asserts that the claimed invention integrates the potential exception into a practical application. Amendment p. 13. Examiner respectfully disagrees. The element of “wherein the step of the first terminal obtaining a transaction link for product rights of a designated category owned by the second terminal comprises: the first terminal taking a photo of advertising images on a projection screen showing a product, and obtaining a transaction link for product rights of a designated category corresponding to the displayed product based on the projection screen” is merely identifying a product from an advertisement and retrieving a purchase transaction link for it. This is part of the recited abstract idea related to marketing and purchasing products. The terminal is used as a tool to facilitate this activity. Furthermore, the camera use is only a generic data-collection step.
Step 2B: Applicant asserts that additional limitations relate to an improved user terminal that directly takes photos of a projection screen and directly identifying the designated category based on the photo of the advertising images. Amendment, p.14. Examiner respectfully disagrees. The claims do not recite any specific technological mechanism that achieves these alleged improvements. Instead, the claims broadly recites generic components (i.e., terminal with a camera sensor and processor) performing the recited abstract idea. The terminal recognizing a category represents collecting information and retrieving related information. “claims directed to an abstract idea because “[t]he advance they purport to make is a process of gathering and analyzing information of a specified content, then displaying the results, and not any particular assertedly inventive technology for performing those functions”. See Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d 1350, 1354 (Fed. Cir. 2016).
Claim Rejections under 35 U.S.C. §103
Applicant's arguments filed on January 13, 2026 have been fully considered but they are not persuasive.
Applicant asserts that None of Blevins, Smith, Lee and Kotch discloses the above special features (see Arguments, page 15-18). Examiner respectfully disagrees. (See at least Blevins, [0045]; [0060] Blevins disclose the first terminal (i.e., user device) taking a photo of a projection screen showing a product (e.g., when scans identifier and/or QR code of the tree) and obtaining a transaction link for product rights of a designated category corresponding to the displayed product based on the projection screen (e.g., which may cause the mobile device to request a listing of the particular tree at a uniform resource locator (URL) that resolves to an IP address of the platform, which may respond to the request with a GUI having a listing of the particular tree rendered in the mobile device (e.g., via a web browser or mobile application.) Note that trees have different types of classifications (e.g., categories).
Furthermore, See at least Lee, [0025]; [0027]; [0029]; where digital profits (i.e., profit generated) are obtained to be distributed and determining the non-fungible tokens (i.e., NFTs) corresponding to the digital profits (i.e., the collected profits converted in NFTs). Lee further disclose determining beneficiaries corresponding to the digital profits based on the non-fungible tokens corresponding to the digital profits; and obtaining holding amounts and durations of the product rights owned by the beneficiaries; obtaining holding amounts and durations of the product rights owned by the beneficiaries; (See at least Lee, [0027]; [0029-0036]; The blockchain company 40 may issue n NFTs as profit-making securities, which are issued under a contract concluded with the live asset right holder, to a plurality of investors (Investor 1, Investor 2, Investor 3, ... , and Investor m). Lee further disclose calling the second smart contract, calculating income value distributed to each beneficiary, and distributing the digital profits to be distributed to the beneficiaries, based on the contribution value of each beneficiary. (See at least Lee, [0039]; [0050-0051]; [0065]; Since the system 20 for providing a profit distribution service according to the one embodiment includes the kind of smart contract concept that is the same as the act of sharing a contract between contracting while ensuring transparency of the blockchain in the process of reviewing, signing and notarizing the contents of the contract, the investor owning the NFT according to one embodiment may request distribution of profits to the live asset right holder based on the NET token even when intermediaries such as the bloc kc ha in issuers or exchanges disappear.)
Furthermore, Kotch teaches obtaining a contribution record of the beneficiaries to the product rights; and calculating contribution values of the beneficiaries based on a preset contribution value calculation method, according to the holding amounts, holding durations, and the contribution records of the beneficiaries (see at least Kotch, [0011]; [0024-0026]; [0031] The system 10 then calculates a qualified capital contribution amount for the seller (step 6). The qualified capital contribution amount is a monetary sum that the investor makes available to the seller via the control account 46. The qualified capital contribution amount is calculated based upon a sum of the future seller product value for each accepted seller product. The qualified capital contribution amount may be disbursed in one of a variety of disbursement processes. For example, for qualified capital contribution).
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.
/K.G.M/Examiner, Art Unit 3698
/EDUARDO CASTILHO/Primary Examiner, Art Unit 3698
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