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 .
Status of Claims
This Office action is in response to correspondence received March 19, 2024. Applicant has filed this application as a divisional of Application number 17/590,430.
Claims 1-10 are pending and have been examined.
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 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim(s) 1 and 10, which are similar in scope, recite(s):
A method for authenticating an item , the method comprising: [reading] a scannable code disposed on a packaging label of an item to be authenticated and producing a data signal representing the scannable code; decoding the data signal representing the scannable code into a decoded data signal, the decoded data signal ; processing the decoded data signal to extract a code; processing the extracted code to obtain a unique identification (ID) associated with the item from the forwarding the unique ID in an authentication request to validate the item associated with the token; if the is able to authenticate, receiving an acknowledgement that the item is authentic along with preselected data that was used to generate the ; and [presenting] an indication that the item has been authenticated along with the preselected data.
Claim 6 recites:
A method of authenticating an item , the method comprising: receiving an authentication request the authentication request comprising a unique identifier (ID) obtained, disposed on a packaging label of a package or container for the item; processing the unique ID to determine whether or not the item is authentic; if a determination is made that the item is authentic, retrieving preselected data that was used to create the NFT and forwarding the preselected data that was used to create the NFT
The abstract idea is a certain method of organizing human activity – a commercial interaction – because the steps are first, for counterfeit prevention by generating a token (which is any data to represent data, such as a serial number) that characterizes the item. The characterization simply means the token needs to somehow represent the item, like a VIN number for a vehicle. Then, the token has to be encoded into a code “to be disposed on a packaging label.” The encoding could be under a broadest reasonable interpretation any code system including codes that people can do in their minds or on paper, such as Dewey decimal or CPC codes. That the code is scannable could be any code that is human readable as scannable code is merely code that could be read by a person, such as numbers and letters. Then there are rules that compare when codes were scanned to determine that something “should not be trusted,” which is a rule created outside of technology and is a human judgment . For example, there is no rule grounded in technology that a consumer scanning multiple times in a certain period means anything except what this abstract idea assigns to it. Therefore, the limitations above are an abstract idea that is a certain method of organizing human activity.
This judicial exception is not integrated into a practical application. The additional elements of claim 1 are:
using a blockchain network
with a handheld device:
scanning, in one or more processors of the handheld device:
comprising a nonfungible token (NFT) associated with the item, the NFT being linked to the blockchain network
the NFT
to one or more processors of the blockchain network to be processed by said one or more processors of the blockchain network
NFT
Displaying on a display device of the handheld device
The additional elements of claim 10 are similar to claim 1, but are directed to a handheld device.
The additional elements of claim 6 are:
in a blockchain network
in one or more processors of the blockchain network:
from/to a handheld device,
a nonfungible token (NFT) that was embedded in a scannable code
from one or more memory devices
These additional elements both alone and in combination are mere instructions to apply the abstract idea to a computer or other machinery (in this case, specific computer applications and “scanning device”) operating in their ordinary capacity. See MPEP 2106.05(f)(2). The blockchain and NFT operate in their ordinary capacity to store information or identify uniquely a thing. A scannable code and handheld device are merely operating in their ordinary capacity as well, as is encryption algorithms that encrypt (performing the function that they are described to perform, without specific steps defining the function). A handheld device can be taught by a mobile unit, see MPEP 2106.05(f)(2), TLI Communications. Likewise disposing a code on a package, or a code that is “to be” disposed on a package, is using a code in its ordinary capacity and is ordinary machinery being used in its ordinary capacity. See MPEP 2106.05(f)(2). In combination, they are no more than the sum of their individual parts and therefore the additional elements in combination are apply it instructions. Therefore, the combination of additional elements are not a practical application of an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the reasoning in prong 2, above, is carried over here. For the same reasons that the additional elements are not alone and in combination a practical application, they are not significantly more.
Claims 2-5 and 7-9 describe the information that identifies or certifies the item such as information stored about an item’s characteristics, which is a part of the abstract idea as it is information that describes an item.
Therefore, claims 1-10 are rejected under 35 USC 101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 5-7, 9, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kube et al., US PGPUB 2019/0342085 A1 (“Kube”), in view of Clark et al., US PGPUB 2023/0139878 A1 (“Clark”).
Per claims 1 and 10, which are similar in scope, Kube teaches a method for authenticating an item using a blockchain network, the method comprising: with a handheld device: scanning a scannable code disposed on a packaging label of an item to be authenticated using the blockchain network and producing a data signal representing the scannable code; in one or more processors of the handheld device: in par 060: “The consumer can access some of these functions by using a consumer interface including a mobile phone application to scan a QR code or other machine readable indicia (e.g. GS1 barcode) or enter a brand and lot number to retrieve the public information block for the product..” This teaches a handheld device that scans (teaching claim 10). Data signal representing the scannable code is taught where the data URL is retrieved.
Then, Kube teaches using a blockchain network is taught in par 032: “In some embodiments, a universal identifier (e.g. UUID) and a hash of lot or product data can be recorded as blocks in a block chain, entries in a cryptographic ledger, or in a database (e.g. of management platform 100). For example, cryptographic ledger token platform 100 can create a standard database table, with two or three columns, in an example embodiment. The key(ed) column can be in the format of a UUID, and the data column which can be either text blob or even binary blob. A third column can store a shasum (e.g. SHA512) of the second column's contents, for easier comparison”
Then, Kube teaches decoding the data signal representing the scannable code into a decoded data signal in par 060: “The mobile phone application can use the public information block to retrieve the Data URL. The application can verify the content of the Data URL by calculating its hash and comparing it to the stored hash in the public information block”
Then, Kube teaches and displaying an indication on a display device of the handheld device that the item has been authenticated along with the preselected data in par 0119: “At 806, an analytics database receives the package data for storage and generates lot data. At 808, the lot data is used for package validation, along with package registration details received generated by a package database at 810. At 812, validation results are presented, by for example, updating an interface at a display device with validation result data. Once the query has been processed and verification is completed, the results can be returned to the consumer's keypair-based identity management application for viewing, for example.”
Kube does not teach the decoded data signal comprising a nonfungible token (NFT) associated with the item, the NFT being linked to the blockchain network; processing the extracted NFT to obtain a unique identification (ID) associated with the item from the NFT; forwarding the unique ID in an authentication request to one or more processors of the blockchain network to be processed by said one or more processors of the blockchain network to validate the item associated with the NFT; if the said one or more processors of the blockchain network is able to authenticate, receiving an acknowledgement from the blockchain network that the item is authentic along with preselected data that was used to generate the NFT.
Clark teaches a system for authentication using NFT and blockchain. See abstract.
Clark teaches the decoded data signal comprising a nonfungible token (NFT) associated with the item, the NFT being linked to the blockchain network in par 032: “In general, in one or more embodiments, the NFT 306 comprises one or more hashed identification elements required and/or desired in the NFT for authenticating the NFT's connection with a unique object 307. For example, and discussed further below, the NFT 306 includes hashed authenticity elements, hashed contractual elements, hashed provenance elements, and hashed additional elements. As such, the identification elements used to create the NFT 306, including hashes to identifying information stored off-chain, the identification elements serve as a source of authentication as to the relationship of the NFT 306 with reference to a unique object 307 and as an indication of the authenticity of the NFT 306 itself.”
Then, Clark teaches processing the extracted NFT to obtain a unique identification (ID) associated with the item from the NFT in par 031: “In various embodiments, the NFT 306 is accessible via a corresponding private key of an asymmetric cryptographic key pair to the public address 312.” This teaches that the NFT is processed.
Then, Clark teaches forwarding the unique ID in an authentication request to one or more processors of the blockchain network to be processed by said one or more processors of the blockchain network to validate the item associated with the NFT in par 035: “In one or more embodiments the NFT 306 can include an NFT certificate 412. In one or more embodiments the NFT certificate 412 is a digital certificate issued by a certifying authority that indicates that the NFT 306 itself has been authenticated by a certifying authority. As such, in one or more embodiments the NFT certificate 412 can be quickly used to verify the authenticity of the NFT without requiring one to validate the contents of off-chain storage. In one or more embodiments the NFT certificate 412 can further include a unique certificate serial number that can be used to identify the NFT 306.” The blockchain network is taught in par 031: “Referring to FIG. 3C, an example blockchain 304 is depicted including an NFT 306 formed in accordance with one or more embodiments of the disclosure. FIG. 3C depicts an example NFT 306 formed in association with either a corresponding physical or digital object 307 (307A or 307B) while FIG. 3A-B depict an example off-chain storage used during minting the NFT 306 for such a physical object 307A and digital object 307B.”
Then, Clark teaches if the said one or more processors of the blockchain network is able to authenticate, receiving an acknowledgement from the blockchain network that the item is authentic along with preselected data that was used to generate the NFT; in par 039: “these elements being collected and stored on an off-chain storage 321. Like shown in the example, said elements at least part of which represent unique characteristics of the physical object 307A may comprise subject elements 325 such as images, videos, etc. 330 representing the object 307A, authenticity elements 326 of the object 307A along with any unique characteristics of the object, provenance elements 327, contractual elements 328, and additional elements 329. The authenticity elements 326 can include physical identifying features 340 of the object 307A along with any unique characteristics of the object, any authentication documents 342, such as certificates of authenticity or other documents 342 indicating analysis of the object 307A. In certain embodiments, the authenticity elements 326 can include images, video, or audio 344 of the object 307A. For example, recording unique physical features or designs or sounds of operation. In certain embodiments this data could additionally include frequency domain signatures 346 of the image, video, or audio data or any other type of object analysis 348 allowing authentication of the object 307A.” This is performed using the blockchain network as taught in par 031. That it is received is taught in par 033: “In various embodiments, the certificate 324 is generated as evidence that the identifying elements included in the NFT and off-chain storage are correct and accurate. As such, in various embodiments the certificate 324 can include various information which can verify that the contents of the corresponding off-chain storage such as a list of all identifying elements 323.”
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the blockchain teaching of Kube with the NFT processing teaching of Clark because Clark teaches in par 007 that there is no assurance in the current state of the art that an NFT will be able to authenticate an object over a long period of time. Clark’s teaching provides a solution to this which would motivate one ordinarily skilled to modify Kube because it would enable a longtime solution to NFT authentication.
Per claims 2 and 7, which are similar in scope, Kube and Clark teach the limitations of claims 1, above, and 6, below. Kube further teaches the item comprises at least one of something that was grown, something that was raised, something that was manufactured and something that was created in par 094: “When the commodity is packaged for wholesale shipment, the platform 700 writes the properties to a database record whose primary key can a salted cryptographic hash of the product's meta-data (such as, for example, strain location, biological data, branding information, growing conditions, particular handlers/trimmers). The hash is then written to the blockchain or another cryptographic ledger via entities 750a. The producer can choose to register the record with one or more “Reward Exchanges”, resulting in a competitive market for the producer data. The producer may also be obliged by regulation to register the record with government or other tracking systems, or choose to as part of a “Seed to Sale” regulated inventory management system.”
Per claim 5, Kube and Clark teach the limitations of claim 2, above. Kube further teaches the item comprises something that was manufactured or created, and wherein the preselected data comprises at least one of (1) information identifying what the item is, (2) information identifying the manufacturer or creator, (3) information identifying the manufacturing facility, (4) information identifying a batch to which the item belongs, (5) information identifying a part number, model number or name for the item, (6) information identifying a style of the item, (7) any brand name associated with the item, (8) information identifying any certifications associated with the item, (9) information identifying any tests that have been performed on the item or the batch, (10) information identifying any testing results associated with testing of the item or the corresponding batch in par 051 where any test results and identifying a batch is taught: “the data record can include information such as the assigned lot number, brand name, strain name, chemical analysis, genetic analysis, lot volume (grams), photographs, staff involved in production (grower, trimmer, packager).”
Per claim 6, Kube teaches A method of authenticating an item in a blockchain network, the method comprising: in one or more processors of the blockchain network: receiving an authentication request from a handheld device, the authentication request comprising a unique identifier (ID) that was embedded in a scannable code disposed on a packaging label of a package or container for the item in par 060: “The consumer can access some of these functions by using a consumer interface including a mobile phone application to scan a QR code or other machine readable indicia (e.g. GS1 barcode) or enter a brand and lot number to retrieve the public information block for the product..” This teaches a handheld device that scans. Unique identifier taught in par 060: “The mobile phone application can use the public information block to retrieve the Data URL. The application can verify the content of the Data URL by calculating its hash and comparing it to the stored hash in the public information block” Embedded in a scannable code disposed on a packaging label is taught in par 028: “A producer 104 initiates the tracking of the commodity or product packaged for sale, either retail or wholesale, by submitting a registration request through a producer interface. Producer and lot information is printed on packages, in some embodiments in a machine-readable format such as a barcode, QR code, or other device. The lot and/or package details are posted to the management platform 100 through an API 108 and recorded in a database.” Label further taught in par 038: “front of the package.” See par 054 sticker to place on the outside of the package.
Kube then teaches processing the unique ID to determine whether or not the item is authentic in par 072: “At 508, the processor implements Package Validation. The processor uses the package private key to look up the package record in the Management platform internal database and confirm the match with the expected package serial number to establish package authenticity.” See also par 028: “The producer 104 may want to provide attestation that the product was produced by them for supply chain authentication. The producer 104 may want to provide detailed information about the product, including its brand name, a lot number, chemical composition, genetic information, photos, and/or other attributes (e.g. the staff involved in its production) that is accessible to the consumer 106. The producer 104 may also want to gather consumption information regarding the product.”
Kube then teaches [sending an indication of authenticity] to the handheld device in par 0119: “At 806, an analytics database receives the package data for storage and generates lot data. At 808, the lot data is used for package validation, along with package registration details received generated by a package database at 810. At 812, validation results are presented, by for example, updating an interface at a display device with validation result data. Once the query has been processed and verification is completed, the results can be returned to the consumer's keypair-based identity management application for viewing, for example.”
Kube does not teach a unique identifier (ID) obtained from a nonfungible token (NFT); if a determination is made that the item is authentic, retrieving preselected data that was used to create the NFT from one or more memory devices and forwarding the preselected data that was used to create the NFT.
Clark teaches a unique identifier (ID) obtained from a nonfungible token (NFT) in par 032: “In general, in one or more embodiments, the NFT 306 comprises one or more hashed identification elements required and/or desired in the NFT for authenticating the NFT's connection with a unique object 307. For example, and discussed further below, the NFT 306 includes hashed authenticity elements, hashed contractual elements, hashed provenance elements, and hashed additional elements. As such, the identification elements used to create the NFT 306, including hashes to identifying information stored off-chain, the identification elements serve as a source of authentication as to the relationship of the NFT 306 with reference to a unique object 307 and as an indication of the authenticity of the NFT 306 itself.” Hashes to identifying information stored off chain teach a unique identifier (ID) obtained from a nonfungible token (NFT).
Clark then teaches if a determination is made that the item is authentic, retrieving preselected data that was used to create the NFT from one or more memory devices and forwarding the preselected data that was used to create the NFT in par 039: “these elements being collected and stored on an off-chain storage 321. Like shown in the example, said elements at least part of which represent unique characteristics of the physical object 307A may comprise subject elements 325 such as images, videos, etc. 330 representing the object 307A, authenticity elements 326 of the object 307A along with any unique characteristics of the object, provenance elements 327, contractual elements 328, and additional elements 329. The authenticity elements 326 can include physical identifying features 340 of the object 307A along with any unique characteristics of the object, any authentication documents 342, such as certificates of authenticity or other documents 342 indicating analysis of the object 307A. In certain embodiments, the authenticity elements 326 can include images, video, or audio 344 of the object 307A. For example, recording unique physical features or designs or sounds of operation. In certain embodiments this data could additionally include frequency domain signatures 346 of the image, video, or audio data or any other type of object analysis 348 allowing authentication of the object 307A.” This is performed using the blockchain network as taught in par 031. That it is received is taught in par 033: “In various embodiments, the certificate 324 is generated as evidence that the identifying elements included in the NFT and off-chain storage are correct and accurate. As such, in various embodiments the certificate 324 can include various information which can verify that the contents of the corresponding off-chain storage such as a list of all identifying elements 323.”
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the blockchain teaching of Kube with the NFT processing teaching of Clark because Clark teaches in par 007 that there is no assurance in the current state of the art that an NFT will be able to authenticate an object over a long period of time. Clark’s teaching provides a solution to this which would motivate one ordinarily skilled to modify Kube because it would enable a longtime solution to NFT authentication.
Per claim 9, Kube and Clark teach the limitations of claim 7, above. Kube further teaches something that was grown, and wherein the preselected data comprises at least one of (1) information identifying what the item is, (2) information identifying a particular farm where the item was grown, (3) a date that the item was harvested, (4) any brand associated with the item, information identifying a batch to which the item belongs, (5) information identifying a party or association that grew the batch, (6) information identifying any certifications associated with the item, (7) information identifying any tests that have been performed on the item or on the corresponding batch, and (8) any test results associated with testing of the item or the corresponding batch in par 051 where any test results and identifying a batch is taught: “the data record can include information such as the assigned lot number, brand name, strain name, chemical analysis, genetic analysis, lot volume (grams), photographs, staff involved in production (grower, trimmer, packager).”
Claim(s) 3, 4, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kube et al., US PGPUB 2019/0342085 A1 (“Kube”), in view of Clark et al., US PGPUB 2023/0139878 A1 (“Clark”), further in view of Cabigon et al., US PGPUB 20220076273 A1 (“Cabigon”).
Per claims 3 and 8, which are similar in scope, Kube and Clark teach the limitations of claims 2 and 7, above.
Kube does not teach that was grown is selected from the group comprising fruit, vegetables and cannabis, wherein said something that is raised is selected from the group comprising poultry, meat and fish, wherein said something that is manufactured is selected from the group comprising clothing, personal accessories and jewelry, and wherein said something that has been created is selected from the group comprising art work, a music recording and a video recording
The italicized limitation is an optional limitation because it further limits one of the group that was not selected in claim 4. Therefore no art is applied to this limitation as it was made optional by claim 4.
Cabigon teaches blockchain network to track cannabis from seed to product. See abstract.
Cabigon teaches that was grown is selected from the group comprising fruit, vegetables and cannabis in pars 012-016. See par 014: “The system comprises a seed broker 100 that supplies cannabis seeds to growers. The system is capable of verifying the identity of the seed broker 100, using a passcode, biometrics, private cryptography key, and receives verification from a third-party verification network. A seed blockchain 101 ledger logs seed data, quality data (e.g., data relating to quality assurance or quality checks) and shipping data (e.g., end point location, transfer of custody, data loggers and shipping manifests, in-transit product state from smart packaging or carrier sensors, carrier, route, and environmental data) at the point of origin (i.e., seed broker 100) and at final destination, and may be partially or completely public, private, or some combination thereof. A portion of the seed blockchain 101 may contain a shipping log of each location the logged seeds are shipped to, as well as associated shipping data, which may include, for example, end point location, transfer of custody, data loggers and shipping manifests, in-transit product state from smart packaging or carrier sensors, carrier, route, and environmental data. A seed blockchain log 102 is portion of the seed blockchain 101 containing a log of each seed and associated data, the associated data may include breeder, genetic ID, date the seed was isolated, as well as quality data, such as data relating to quality assurance or quality checks, etc. A seed distribution system 103 is provided for distributing seeds for growing cannabis. A payment module 104 allows growers 107 to pay for cannabis seeds. A unique seed label 105 for a single or multiple cannabis seeds containing all or a portion of the associated blockchain hash, allowing a shipper, extractor 115, product manufacturer, user and/or grower 107 to identify the associated seed data in the seed blockchain 101. A seed database 106 of associated seed data the seed broker 100 may draw from to log the associated seed data in the seed blockchain 101 is provided. Shipping data is created based on notification, seed label 105, and other data from the seed database 106 and is sent to the seed blockchain 101.”
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the product tracking teaching of Kube with the cannabis blockchain teaching of Cabigon because Cabigon teaches that an immutable record for cannabis would help with determining quality issues and to determine trends in cannabis. See par 006. As this would improve the supply chain of cannabis, and notably Kube appears to teach tracking for cannabis see par 029, 051 (seed, strain name, trimmer), one would be motivated to combine Kube with Cabigon.
Per claim 4, Kube, Clark, and Cabigon teach the limitations of claim 3, above. Kube further teaches something that was grown, and wherein the preselected data comprises at least one of (1) information identifying what the item is, (2) information identifying a particular farm where the item was grown, (3) a date that the item was harvested, (4) any brand associated with the item, information identifying a batch to which the item belongs, (5) information identifying a party or association that grew the batch, (6) information identifying any certifications associated with the item, (7) information identifying any tests that have been performed on the item or on the corresponding batch, and (8) any test results associated with testing of the item or the corresponding batch in par 051 where any test results and identifying a batch is taught: “the data record can include information such as the assigned lot number, brand name, strain name, chemical analysis, genetic analysis, lot volume (grams), photographs, staff involved in production (grower, trimmer, packager).”
Therefore, claims 1-10 are rejected under 35 USC 103.
Prior Art Made of Record
The following prior art is considered relevant but is not relied upon in the above rejection:
Vosseller et al., US PGPUB 2023/0109574 A1 teaches in par 028 generating an NFT which certifies a product. See also par 034.
McDowell, Maghan, The Blockchain Playbook: From LVMH’s Aura to Arianee, Vogue Business [online], published on April 26, 2021, available at: < https://www.vogue.com/article/the-blockchain-playbook-from-lvmhs-aura-to-arianee >
Teaches on pages 5 and 6 where blockchain is used to track e-warranties so that if an object is stolen then scanning it for the warranty will show the warranty is voided.
Conclusion
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/RICHARD W. CRANDALL/ Primary Examiner, Art Unit 3619