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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/24/2025 has been entered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent claim 1 recites a method of organizing human activity because the claim recites a method that includes electronically processing an electronic collection of at least one electronic distributed computer app node service of the electronically implemented, automatically executed electronic computerized FSM wherein each of said at least one electronic distributed computer app node service comprises a single state of the electronically implemented, automatically executed electronic computerized FSM, wherein each of said at least one electronic distributed computer app node service comprises at least one or more of electronic implementation or electronic deployment as an independent operating electronic distributed computer service comprising electronic data indicative of at least one electronic business rule for said each of said at least one electronic distributed computer app node service; electronically executing said electronic data indicative of said at least one electronic business rule; electronically obtaining the electronic data indicative of the at least one electronic event data of the at least one shipment (in at least one electronic nonfungible token (NFT)); electronically combining at least one incoming of the at least one electronic data indicative of the at least one electronic event data with the at least one electronic data indicative of any at least one electronic existing shipment data (in the at least one electronic NFT); electronically processing said electronic data indicative of said at least one electronic business rule; electronically receiving the electronic data indicative of at least one transaction event, and electronically determining, upon receipt of the electronic data indicative of said at least one transaction event, at least one electronic NFT state of the at least one electronic NFT and electronically routing the electronic data indicative of said at least one transaction event to at least one appropriate of said at least one electronic distributed computer app node service, wherein said at least one appropriate of said at least one electronic distributed computer app node service comprises: electronically processing said at least one electronic NFT state; electronically processing at said at least one appropriate of said at least one electronic distributed computer app node service, electronically combining the electronic data indicative of the electronic event data with the at least one electronic data indicative of the any at least one electronic existing shipment data (in the at least one electronic NFT) and at least one electronic data indicative of at least one electronic associated rule set of said electronic data indicative of said at least one electronic business rule, and electronically processing said at least one electronic data indicative of said at least one electronic associated rule set on the at least one electronic data indicative of the any at least one electronic existing shipment data (in the at least one electronic NFT), comprising: electronically evaluating of said at least one electronic business rule or said at least one electronic data indicative of said at least one electronic associated rule set using at least one artificial intelligence (AI) or machine learning (ML) electronic model comprising: electronically evaluating at least one condition of at least one or more of: the electronic data indicative of the at least one electronic event data, or the any at least one electronic existing shipment data (in the at least one electronic NFT); and electronically providing via at least one graphical user interface (GUI), interactive access comprising at least one or more of: electronically reporting of, electronically reviewing of, electronically auditing of, or electronically displaying of, at least one or more of: said electronically evaluating, the electronic data indicative of the at least one electronic event data, said at least one electronic data indicative of said at least one electronic associated rule set, or the electronic data indicative of said at least one transaction event; electronically combining at least one electronic data indicative of at least one value and at least one electronic data indicative of at least one action identifier into at least one electronic data indicative of at least one electronic transaction action request, after electronic completion of said electronically processing of the at least one data indicative of at least one electronic associated rule set of said at least one appropriate of said at least one electronic distributed computer app node service; electronically routing said at least one electronic data indicative of said at least one electronic transaction action
request said at least one electronic distributed computer app node service, and upon electronically authenticating said at least one electronic data indicative of said at least one electronic transaction action request, electronically executing said at least one electronic data indicative of said at least one electronic transaction action request, based on at least one electronic data detail included in said at least one electronic data indicative of said at least one electronic transaction action request; electronically executing an after state electronic processor, after said electronically routing has been routed, and electronically determining at least one electronic state transition comprising performing as required at least one or more of: electronically performing at least one electronic update save to the at least one electronic data indicative of the any at least one electronic existing shipment data (in the at least one electronic NFT); electronically logging at least one electronic data indicative of at least one electronic activity transaction; electronically posting at least one electronic data indicative of at least one electronic activity transaction; electronically transmitting at least one electronic notification message; electronically determining the at least one electronic data indicative of at least one electronic
fulfillment criteria for at least one electronic current state; or electronically receiving at least one electronic instruction that may override at least one electronic data indicative of at least one electronic processing instruction for the at least one electronic current state; and electronically placing stateless said at least one electronic distributed computer app node service, after said electronically executing of
said at least one electronic data indicative of said at least one electronic transaction action request is complete, and electronically clearing out any electronic data electronically processed for the at least one electronic data indicative of any at least one electronic existing shipment data (in the at least one
electronic NFT) and the at least one electronic data indicative of the at least one electronic transaction event received. This is a method of managing interactions between people (e.g., the shipper, the recipient, customs). The mere nominal recitation of an electronically implemented, automatically executed computerized finite state machine (FSM), an electronic distributed, application (app) computing environment system device, at least one electronic computer processor device, at least one electronic memory storage device, at least one communications network interface, at least one external electronic data communications network, at least one electronic rules engine device, at least one electronic shipment record database device, an after state electronic processor, and at least one electronic blockchain device does not take the claim out of the method of organizing human activity grouping. Thus, the claim falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. The claim as a whole merely describes how to generally “apply” the concepts of electronically processing; electronically executing; electronically combining; electronically processing; electronically receiving; electronically determining; electronically routing; electronically processing; electronically combining; electronically processing; electronically combining; electronically routing; electronically executing; electronically; and electronically determining in a computer environment. The claimed electronically implemented, automatically executed computerized finite state machine (FSM), distributed, application (app) computing environment system device, electronic computer processor device, electronic memory storage device, communications network interface, external electronic data communications network, electronic rules engine device, electronic shipment record database device, after state electronic processor, and electronic blockchain device are merely invoked as tools to perform the claimed method, whether viewed individually or in combination. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A, the claim as a whole merely describe how to generally “apply” the concepts of electronically processing; electronically executing; electronically combining; electronically processing; electronically receiving; electronically determining; electronically routing; electronically processing; electronically combining; electronically processing; electronically combining; electronically routing; electronically executing; electronically; and electronically determining in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
Claim 2 recites a method of organizing human activity because the claim recites a method that includes electronically process an electronic collection of at least one electronic distributed computer app node service of the electronic FSM electronic circuitry wherein each of said at least one electronic distributed computer app node service comprises an electronic single state of the electronic FSM electronic circuitry wherein each of said at least one electronic distributed computer app node services comprises at least one or more of implementation or deployment as an independent operating electronic distributed computer service comprising electronic data indicative of at least one electronic business rule for said each of said at least one electronic distributed computer app node service; electronically execute said electronic data indicative of said at least one electronic business rule; electronically obtain the electronic data indicative of the at least one electronic data of the at least one shipment (in at least one electronic nonfungible token (NFT)); electronically combine at least one incoming of the at least one electronic data indicative of the at least one electronic event data with the at least one electronic data indicative of any at least one electronic existing shipment data (in the at least one electronic NFT); electronically process said electronic data indicative of said at least one electronic business rule; electronically receive the electronic data indicative of at least one electronic transaction event, and electronically determine upon electronic receipt of the electronic data indicative of said at least one electronic transaction event, at least one electronic NFT state of the at least one electronic NFT and electronically route the electronic data indicative of said at least one electronic transaction event to at least one appropriate of said at least one electronic app node services for electronic processing said at least one electronic NFT state; electronically process at said appropriate of said at least one electronic distributed computer app node service, electronically combine the electronic data indicative of electronic event data with the at least one electronic data indicative of the any at least one electronic existing shipment data (in the at least one electronic NFT) and at least one electronic data indicative of at least one electronic associated rule set of said electronic data indicative of said at least one electronic business rule, and electronically process said at least one electronic data indicative of said at least one electronic associated rule set on the at least one electronic data indicative of any at least one electronic existing shipment data (in the at least one electronic NFT) comprising being configured to: electronically evaluate said at least one electronic business rule or said at least one electronic data indicative of said at least one electronic associated rule set using at least one artificial intelligence (AI) or machine learning (ML) electronic model comprising being configured to: electronically evaluate at least one condition of at least one or more of: the electronic data indicative of the at least one electronic event data, or the any at least one electronic existing shipment data (in the at least one electronic NFT); and electronically provide via at least one graphical user interface (GUI), interactive access comprising being configured to at least one or more of: electronically report, electronically review, electronically audit, or electronically display, at least one or more of: said electronically evaluate, the electronic data indicative of the at least one electronic event data, said at least one electronic data indicative of said at least one electronic associated rule set, or the electronic data indicative of said at least one transaction event; electronically combine at least one electronic data indicative of at least one electronically determined value and at least one electronic data indicative of at least one action identifier into at least one electronic data indicative of at least one electronic transaction action request, after electronic completion of said electronically processing of the at least one data indicative of at least one electronic associated rule set of said at least one appropriate of said at least one electronic distributed computer app node service; electronically route said at least one electronic data indicative of said at least one electronic transaction action request, and upon electronically authenticating said at least one electronic data indicative of said at least one electronic transaction action request, electronically execute said at least one electronic data indicative of said at least one electronic transaction action request, based on at least one electronic data detail included in said at least one electronic data indicative of said at least one electronic transaction action request; electronically execute an electronic after state electronic machine, after said electronically route has been electronic routed, and electronically determine at least one electronic state transition comprising being electronically configured to electronically perform as required at least one or more of: electronically perform at least one electronic update save to the at least one electronic data indicative of the any at least one electronic existing shipment data (in the at least one electronic NFT); electronically log at least one electronic data indicative of at least one electronic activity transaction; electronically post at least one electronic data indicative of at least one electronic activity transaction; electronically transmit at least one electronic notification message; electronically determine at least one electronic data indicative of at least one electronic fulfillment criteria for at least one electronic current state; or electronically receive or electronically not receive at least one electronic instruction for electronically processing in the at least one electronic current state; and electronically place stateless said at least one electronic distributed computer app node service, after said electronically execute of said at least one electronic data indicative of said at least one electronic transaction action request is electronically complete, and electronically clear out any electronic data electronically processed for the at least one electronic data indicative of any at least one electronic existing shipment data (in the at least one electronic NFT) and the at least one electronic data indicative of the at least one electronic transaction event electronically received. This is a method of managing interactions between people (e.g., the shipper, the recipient, customs). The mere nominal recitation of an electronic finite state machine (FSM) electronic circuitry configured to electronically process electronic data indicative of at least one electronic data or at least one electronic event data of at least one shipment of at least one cargo at least one port as the at least one shipment moves through customs; an electronic distributed, application (app) computing environment system device; at least one electronic computer processor, coupled to at least one electronic memory storage device and coupled via at least one electronic communications network interface, configured to be coupled to at least one electronic data communications network, at least one electronic rules engine device, and at least one electronic blockchain device does not take the claim out of the method of organizing human activity grouping. Thus, the claim falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. The claim as a whole merely describes how to generally “apply” the concepts of electronically processing; electronically executing; electronically obtaining; electronically combining; electronically processing; electronically receiving; electronically determining; electronically routing; electronically processing; electronically combining; electronically processing; electronically combining; electronically routing; electronically executing; electronically executing; electronically determining; electronically performing; electronically logging; electronically posting; electronically transmitting; electronically determining; electronically receiving or not receiving; electronically placing; and electronically clearing in a computer environment. The claimed finite state machine (FSM) electronic circuitry configured to electronically process electronic data indicative of at least one data or at least one event of at least one shipment of at least one cargo at at least one port as the at least one shipment moves through customs; a distributed, application (app) computing environment system device; at least one electronic computer processor, coupled to at least one electronic memory storage device and coupled via at least one electronic communications network interface, configured to be coupled to at least one electronic data communications network, at least one electronic rules engine device, at least one electronic blockchain device are merely invoked as tools to perform the claimed method, whether viewed individually or in combination. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A, the claim as a whole merely describe how to generally “apply” the concepts of electronically processing; electronically executing; electronically obtaining; electronically combining; electronically processing; electronically receiving; electronically determining; electronically routing; electronically processing; electronically combining; electronically processing; electronically combining; electronically routing; electronically executing; electronically executing; electronically determining; electronically performing; electronically logging; electronically posting; electronically transmitting; electronically determining; electronically receiving or not receiving; electronically placing; and electronically clearing in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
Claim 3 recites a method of organizing human activity because the claim recites a method that includes electronically processing an electronic collection of at least one electronic distributed computer app node service of the electronically implemented, automatically executed computerized FSM wherein each of said at least one electronic distributed computer app node service comprises a single state of the electronically implemented, automatically executed electronic computerized FSM, wherein each of said at least one electronic distributed computer app node service comprises at least one or more of
implementation or deployment as an independent operating electronic distributed computer service comprising electronic data indicative of at least one electronic business rule for said each of said at least one electronic distributed computer app node service; electronically executing said electronic data indicative of said at least one electronic business rule; electronically obtaining the electronic data indicative of the at least one electronic data of the at least one shipment (in at least one electronic nonfungible token (NFT)); electronically combining at least one incoming of the at least one electronic data indicative of the at least one electronic event data with the at least one electronic data indicative of any at least one electronic existing shipment data (in the at least one electronic NFT); electronically processing said electronic data indicative of said at least one electronic business rule; electronically receiving the electronic data indicative of at least one electronic transaction event, and electronically determining upon receipt of the electronic data indicative of said at least one electronic transaction event, at least one electronic NFT state of the at least one electronic NFT and electronically routing the electronic data indicative of said at least one electronic transaction event to at least one appropriate of said at least one electronic distributed computer app node service, wherein said at least one appropriate of said at least one electronic distributed computer app node service comprises: electronically processing said at least one electronic NFT state; electronically processing at said at least one appropriate of said at least one electronic distributed computer app node service, electronically combining the electronic data indicative of electronic event data with the at least one electronic data indicative of the any at least one electronic existing shipment data (in the at least one electronic NFT)
and at least one electronic data indicative of at least one electronic associated rule set of said electronic data indicative of said at least one electronic business rule, and electronically processing said at least
one electronic data indicative of said at least one electronic associated rule set on the at least one electronic data indicative of the any at least one electronic existing shipment data (in the at least one electronic NFT), comprising: electronically evaluating of said at least one electronic business rule or said
at least one electronic data indicative of said at least one electronic associated rule set using at least one artificial intelligence (AI) or machine learning (ML) electronic model comprising: electronically evaluating at least one condition of at least one or more of: the electronic data indicative of the at least one electronic event data, or the any at least one electronic existing shipment data (in the at least one electronic NFT); and electronically providing via at least one graphical user interface (GUI), interactive access comprising at least one or more of: electronically reporting of, electronically reviewing of, electronically auditing of, or electronically displaying of, at least one or more of: said electronically evaluating, the electronic data indicative of the at least one electronic event data, said at least one electronic data indicative of said at least one electronic associated rule set, or the electronic data indicative of said at least one transaction event; electronically combining at least one electronic data indicative of at least one electronic value and at least one electronic data indicative of at least one action identifier into at least one electronic data indicative of at least one electronic transaction action
request, after electronic completion of said electronically processing of the at least one electronic data indicative of at least one electronic associated rule set of said at least one appropriate of said at least one electronic distributed computer app node service rules set; electronically routing at least one electronic data indicative of said at least one electronic transaction action request, and upon electronically authenticating said at least one electronic data indicative of said at least one electronic transaction action request, electronically executing said at least one electronic data indicative of said at least one electronic transaction action request, based on at least one electronic data detail included in said at least one electronic data indicative of said at least one electronic transaction action request; electronically executing an after state electronic processor, after said electronically routing has been electronically routed, and electronically determining at least one electronic state transition comprising performing as required at least one or more of: electronically performing at least one electronic update save to the at least one electronic data indicative of the any at least one electronic existing shipment data (in the at least one electronic NFT); electronically logging at least one electronic data indicative of at least one electronic activity transaction; electronically posting at least one electronic data indicative of at least one electronic activity transaction; electronically transmitting at least one electronic notification message; electronically determining at least one electronic data indicative of at least one electronic fulfillment criteria for at least one electronic current state; or electronically receiving or not receiving at least one electronic instruction that may electronically override at least one electronic data indicative of at least one electronic processing instruction for the at least one electronic current state; and electronically placing stateless said at least one electronic distributed computer app node service, after said electronically executing of said at least one electronic data indicative of said at least one electronic transaction action request is electronically complete, and electronically clearing out any electronic data processed for the at least one electronic data indicative of any at least one electronic existing shipment data (in the at least one electronic NFT) and the at least one electronic data indicative of the at least one electronic transaction event electronically received. This is a method of managing interactions between people (e.g., the shipper, the recipient, customs). The mere nominal recitation of a computer accessible nontransitory storage medium, at least one electronic computer processor device, an electronically implemented, automatically executed computerized finite state machine (FSM), a distributed, application (app) computing environment system device comprising the at least one electronic computer processor device coupled to at least one electronic memory storage device and coupled to at least one communications network interface, at least one external electronic data communications network, at least one electronic rules engine device, at least one electronic shipment record database device, an after state electronic processor, and at least one electronic blockchain device does not take the claim out of the method of organizing human activity grouping. Thus, the claim falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. The claim as a whole merely describes how to generally “apply” the concepts of electronically processing; electronically executing; electronically obtaining; electronically combining; electronically processing; electronically receiving; electronically determining; electronically routing; electronically processing; electronically processing; electronically combining; electronically processing; electronically combining; electronically routing; electronically executing; electronically executing; electronically determining; electronically performing; electronically logging; electronically posting; electronically transmitting; electronically determining; electronically receiving or not receiving; electronically placing; and electronically clearing out in a computer environment. The claimed computer accessible nontransitory storage medium, at least one electronic computer processor device, an electronically implemented, automatically executed computerized finite state machine (FSM), a distributed, application (app) computing environment system device comprising the at least one electronic computer processor device coupled to at least one electronic memory storage device and coupled to at least one communications network interface, at least one external electronic data communications network, at least one electronic rules engine device, at least one electronic shipment record database device, an after state electronic processor, and at least one electronic blockchain device are merely invoked as tools to perform the claimed method, whether viewed individually or in combination. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A, the claim as a whole merely describe how to generally “apply” the concepts of electronically processing; electronically executing; electronically obtaining; electronically combining; electronically processing; electronically receiving; electronically determining; electronically routing; electronically processing; electronically processing; electronically combining; electronically processing; electronically combining; electronically routing; electronically executing; electronically executing; electronically determining; electronically performing; electronically logging; electronically posting; electronically transmitting; electronically determining; electronically receiving or not receiving; electronically placing; and electronically clearing out in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
Dependent claims 4-20 are directed to substantially the same abstract idea as claims 1-3 and are rejected for substantially the same reasons. Claims 4-6 further narrow the abstract idea of claims 1-3, respectively, by, e.g., further defining the stateless service and the FSM device. Claims 7-12 further narrow the abstract idea of claims 1-3 by, e.g., further defining the at least one electronic regulatory customs process step. Claims 13-15 further narrow the abstract idea of claims 1-3, respectively, by, e.g., further defining that the at least one port comprises at least one shipping port. Claims 16-18 further narrow the abstract idea of claims 1-3, respectively, by, e.g., further defining electronically providing interactive access by the process of providing a GUI. Claims 19-20 further narrow the abstract idea of claims 1-3, respectively, by, e.g., further defining that the electronic evaluation is performed via a process of using at least one artificial intelligence (AI) or machine learning (ML) electronic model. These limitations are all directed to a method of managing interactions between people (e.g., the shipper, the recipient, customs). Thus, claims 4-20 are directed to substantially the same abstract idea as claims 1-3 and do not add any additional elements to evaluate at Steps 2A prong two or 2B. Therefore, claims 4-20 describe neither a practical application of nor significantly more than the abstract idea.
Novel & Non-Obvious Subject Matter
Claims 1-20 would be allowable if rewritten to overcome the 35 U.S.C. 101 rejections.
The following is a statement of reasons for the indication of allowable subject matter:
Independent claims 1-3 would be allowable for each disclosing a method including electronically combining, by the at least one electronic computer processor device, at least one electronic data indicative of at least one value and at least one electronic data indicative of at least one action identifier into at least one electronic data indicative of at least one transaction action request, after completion of said electronically processing of the at least one data indicative of at least one associated rule set of said at least one appropriate of said at least one distributed computer app node service, by said at least one electronic rules engine device; electronically routing, by the at least one electronic computer processor device, said at least one electronic data indicative of said at least one transaction action request to at least one matched electronic action service device of said at least one distributed computer app node services, and upon electronically authenticating said at least one electronic data indicative of said at least one transaction action request, electronically executing, by the at least one electronic computer processor device, said at least one electronic data indicative of said at least one transaction action request, based on at least one electronic data detail included in said at least one electronic data indicative of said at least one transaction action request.
Scarselli US 20220253868 teaches a method for registering title to an item to provide verified ownership information of the item, comprising: a) performing at least one of associating or updating information, including ownership information, with respect to the item on a distributed ledger; and, b) recording the associated and/or updated information on at least one medium, wherein the item has been previously tagged or marked with an identification and that identification has been registered on the distributed ledger.
Carey US 20190080319 teaches a method for provisioning a token for a credit card account to an electronic wallet. The method receives to provision the identifier, i.e. token, for the account associated with the customer. The identifier is generated and association of the identifier and the account is created. A cryptogram is received from the issuer; and, the cryptogram and the association of the identifier and the account are electronically communicated to the computer program.
Yantis US 20220058633 teaches a method for tokenizing incompatible currencies, wherein a currency bridge that receives a request to tokenize an amount of currency for a user verifies that the user has the defined amount of currency and that the currency has been locked in an account. In response to verifying that the defined amount of currency has been locked, generation of an NFT is requested in accordance with a tokenization protocol that represents the locked currency. The NFT is generated and associated with an account of the user on a cryptographic ledger that stores NFTs that are defined in accordance with the protocol, thereby allowing the user to transact using the NFT.
Nevertheless, the prior art fails to teach electronically combining a value and an action identifier into a transaction action request, after completion of the electronically processing of the appropriate rules set by a rules engine; electronically routing the transaction action request to a matched action service of an app node service; and, upon authenticating the transaction action request, executing the transaction action request based on data details included in the transaction action request. In addition, the prior art fails to teach such features in combination with a process of placing the matched action service of the app node service stateless, after the transaction action request is complete, and electronically clearing out any data processed for the existing shipment data and the transaction event received.
Response to Arguments
Applicant’s assertions with respect to the 35 U.S.C. 101 rejections have been fully considered but they are not persuasive. Applicant argues that:
similarly to Ex Parte Hultberg et al. (ACCUMULATE AB) (May 14, 2017), Applicant's system is also directed to a specific method for overcoming a problem necessarily rooted in computer technology, improvement in computer functionality, such as here, where Applicant provides a technological solution, the electronic system graphical user interface (GUI) and the artificial intelligence machine learning (AI/ML) electronic evaluations an electronic automated system for performing various electronic processing of electronic triggers, electronic transitions between electronic states, and providing for electronic state based electronic FSM machines and rules based automated processing (analogous to technological artificial intelligence), and therefore is not directed to an abstract idea.
(p. 34 (emphasis in original)). The Examiner disagrees. Contrary to the position taken by Applicant, the claims do not provide an “improvement in computer functionality” and do not provide “a technical solution” (via AI/ML and the GUI). Instead, such alleged improvements are at best improvements to the commercial process (processing of data and events for shipments of various cargo) implemented via the generically recited devices and not an improvement to any of those devices or any technology associated with those devices.
Applicant argues that:
the Action fails to prove a proper primafacie case, because the rejection fails to point out the underlying facts, but instead relies on mere conclusory statements with little or no proof regarding key points. The Action is not addressing the claims in context of the claimed technology. It would be apparent to those skilled in the relevant art, that the claims, set forth a concept already including technology, more appropriately considered under the second-prong. The rejection appears to over-simplify the steps of claim 1, as amended, for example, in characterizing the claim as an abstract idea. The rejection must provide factual proof that the idea is abstract
(p. 40 (emphasis added)). The Examiner disagrees, and references Applicant to pages 2-4 of the Final Office action dated 08/22/2025.
Applicant argues that:
The claimed invention is not directed to organizing human activity, Applicant's claimed invention as exemplified by claim 1, as amended, sets forth a computer solution to a computer based problem relating to electronic NFTs configured to store electronic data related to electronic transaction data and electronic event data.
(p. 40 (emphasis added)). The Examiner disagrees. Contrary to the position taken by Applicant, the claims do not provide an “computer solution to a computer based problem.” Instead, the alleged problem and solution are at best a problem and solution to the commercial process (processing of data and events for shipments of various cargo) implemented via the generically recited devices and not an improvement to any of those devices or any technology associated with those devices.
Applicant argues that “[f]actual evidence supporting the assertion that Applicant's claimed invention is merely "organizing human activity," has not been offered (p. 40). The Examiner disagrees, and references Applicant to pages 2-4 of the Final Office action dated 08/22/2025.
Applicant argues that:
Applicant's system is a computer based solution to a computer based problem. This is not something that one can do in a person's head, human activity is not electronic, to allege electronic processing is mere organizing human activity is flatly wrong, and factually incorrect. Applicant's claimed invention sets forth a tailored specific computer solution to a computer-based problem, as set forth, e.g., in Applicants' independent claims such as, e.g., claim 1, as amended.
(p. 41). The Examiner disagrees. Contrary to the position taken by Applicant, the claims do not provide a “computer based solution to a computer based problem.” Instead, the alleged problem and solution are at best a problem and solution to the commercial process (processing of data and events for shipments of various cargo) implemented via the generically recited devices and not an improvement to any of those devices or any technology associated with those devices.
Applicant argues that:
the claim, as noted above, has been carefully tied to the specific machine, as claimed, and does not preempt the allegedly abstract idea, because, for example, it only applies to a computer system, method and computer program product as specifically claimed. The claims are directed to a practical, useful, concrete and tangible system, method, and computer program product, and thus allowance is also justified as a policy matter, satisfying the machine-or-transformation test, as required by Helios Software. Clearly Applicants' claimed invention substantially transforms its received inputs to produce useful, concrete, and tangible results, which may be outputted via various technological methods as exemplified in claim 1
(pp. 41-42). The Examiner disagrees.
First of all, contrary to the position taken by Applicant, the claim is not tied to a specific machine. As described more fully above, the mere nominal recitation of an electronically implemented, automatically executed computerized finite state machine (FSM), an electronic distributed, application (app) computing environment system device, at least one electronic computer processor device, at least one electronic memory storage device, at least one communications network interface, at least one external electronic data communications network, at least one electronic rules engine device, at least one electronic shipment record database device, an after state electronic processor, and at least one electronic blockchain device does not take the claim out of the method of organizing human activity grouping.
In addition, “transformation” of an article means that the “article” has changed to a different state or thing. Changing to a different state or thing usually means more than simply using an article or changing the location of an article. A new or different function or use can be evidence that an article has been transformed. Purely mental processes in which thoughts or human based actions are “changed” are not considered an eligible transformation. For data, mere “manipulation of basic mathematical constructs [i.e.,] the paradigmatic ‘abstract idea,’” has not been deemed a transformation. CyberSource v. Retail Decisions, 654 F.3d 1366, 1372 n.2, 99 USPQ2d 1690, 1695 n.2 (Fed. Cir. 2011) (quoting In re Warmerdam, 33 F.3d 1354, 1355, 1360, 31 USPQ2d 1754, 1755, 1759 (Fed. Cir. 1994)). Tilghman v. Proctor, 102 U.S. 707 (1881), provides an example of effecting a transformation of a particular article to a different state or thing. In that case, the claim was directed to a process of subjecting a mixture of fat and water to a high degree of heat and included additional parameters relating to the level of heat, the quantities of fat and water, and the strength of the mixing vessel. See MPEP 2106.05(c).
Applicant argues that “the claims, as amended, are both novel and nonobvious over the applied references and other references of record, and therefore, Applicant believes that it is improper to characterize Applicant's claimed inventions as "well-understood, routine and conventionally known to the pertinent industry" (p. 42).
The Examiner disagrees. The question of whether a particular claimed invention is novel or obvious is “fully apart” from the question of whether it is eligible. Diamond v. Diehr, 450 U.S. 175, 190, 209 USPQ 1, 9 (1981). For example, claims may exhibit an improvement over conventional computer functionality even if the improvement lacks novelty over the prior art. See MPEP 2106.05(d).
Conclusion
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/D.N.M./Examiner, Art Unit 3628
/GEORGE CHEN/Primary Examiner, Art Unit 3628