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 .
1. Claims 1-20 have been examined.
Claim Interpretation
2. For claims 1-2, 5, 8-9, 12, 15-16 and 19, the phrase “one or more” has been given the broadest, reasonable interpretation of only requiring a single element in order to satisfy the requirements of the limitation.
3. 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pardo (U.S. Patent Application Publication 2023/0034621; hereafter “Pardo”).
For claims 1, 8 and 15, Pardo teaches a method, system and non-transitory computer-readable medium storing instructions comprising:
one or more processors (note paragraphs [0149], [0152] and [0187], processor); and
a non-transitory computer-readable medium storing instructions that when executed by the one or more processors cause the one or more processors to perform operations (note paragraphs [0145], [0149], [0187] and [0228], memory storing instructions for processor execution) including:
maintaining a digital ledger containing a plurality of allocation nodes (note paragraphs [0003], [0099], [0117], blockchain, i.e. digital ledger, contains blocks with NFTs which shows ownership of a digital asset, i.e. allocation node);
executing an exchange between a first allocation node and a second allocation node, wherein the first allocation node transfers ownership of a package of data to the second allocation node (note paragraphs [0130], [0199], [0202], NFTs are transferred from one owner to another through blockchain transactions), and wherein the first allocation node is associated with a first user device and wherein the second allocation node is associated with a second user device (note paragraph [0121], transfer of NFT creates an added block that indicates NFT transfer and contains wallet address of new owner);
generating one or more data factors, wherein generating the one or more data factors includes comparing the package of data to an individual data bundle of the second user device (note paragraphs [0130]-[0137] and [0171], after transfer, rules are executed comparing the transferred NFT to other NFTs owned by the new owner, i.e. data bundle of the second user); and
generating a modified package of data, wherein generating a modified package of data includes applying the data factors to the package of data (note paragraphs [0101], [0142], [0172]-[0173] and [0202], based on the comparison and the rules, NFT metadata may be modified or a new NFT may be minted).
For claims 2, 9 and 16, Pardo teaches claims 1, 8 and 15, further comprising:
analyzing the individual data bundle of the second user device comprised of one or more packages of data (note paragraphs [0130]-[0137] and [0171], after transfer, rules are executed comparing the transferred NFT to other NFTs owned by the new owner, i.e. analyzing data bundle of second user); and
notifying a third party about characteristics of the individual data bundle of the second user device, including the modified package of data (note paragraphs [0216]-[0223], based on executed rules, prizes or royalties may be distributed to winners or an original owner, i.e. notifying third parties).
For claims 3, 10 and 17, Pardo teaches claims 1, 8 and 15, further comprising:
merging the modified package of data with a pre-existing package of data in the individual data bundle of the second allocation node (note paragraphs [0125], [0142] and [0205], based on rules, NFTs may be made from merging or fusing transferred NFT and NFTs owned by the user).
For claims 4, 11 and 18, Pardo teaches claims 1, 8 and 15, further comprising:
adding an additional package of data to the individual data bundle of the second user device upon receipt of the modified package of data (note paragraph [0129] and [0146]-[0147], transferred NFT may be added to receiving user’s wallet address with other owned NFTs).
For claims 5, 12 and 19, Pardo teaches claims 1, 8 and 15, further comprising:
identifying one or more external data factors, wherein identifying the external data factors includes analyzing the digital ledger and the plurality of allocation nodes (note paragraphs [0159] and [0171]-[0172], smart contracts and owner wallet address are on the blockchain and are analyzed for data factors); and
updating the data factors to include the external data factors (note paragraphs [0130] and [0171]-[0172], data factors including data retrieved from blockchain are used in the rules evaluation).
For claims 6, 13 and 20, Pardo teaches claims 1, 8 and 15, further comprising:
integrating the modified package of data and the individual data bundle of the second user device using the data factors, creating a personalized package of data (note paragraphs [0125]-[0127], [0142] and [0205], based on rules, NFTs may be made from merging or fusing transferred NFT and NFTs owned by the user, i.e. personalized NFTs).
For claims 7 and 14, Pardo teaches claims 1 and 8, further comprising:
receiving input from the second user device (note paragraphs [0171] and [0192], receiving client device may execute rules, i.e. receiving an input from the second device); and
modifying the modified package of data based on the input (note paragraphs [0172] and [0192], new NFT may be minted based on execution of rules).
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tremmaglia et al. (U.S. Patent Application Publication 2024/0346483) discloses transferring NFTs (note paragraphs [0053] and [0066]) which generates collection metrics of the new user’s collection (note paragraphs [0058]-[0060] and [0069]).
Dashkov (U.S. Patent Application Publication 2024/0078536) discloses transferring a digital asset to user wallet and automatically modifying an NFT (note paragraph [0084]).
Kim et al. (U.S. Patent Application Publication 2023/0177628) discloses transferring ownership of a resource (note paragraph [0062]) and updating a value of an NFT (note paragraphs [0066]-[0069]).
Shapiro et al. (U.S. Patent Application Publication 2022/0309491) discloses modifying an NFT metadata with new owner information when an NFT is purchased (note paragraphs [0165]-[0166]); the NFT is decrypted and then re-encrypted with the new owner’s key (note paragraphs [0183]-[0184]).
Lu et al. (U.S. Patent Application Publication 2019/0251080) discloses transfer of a smart asset (note paragraphs [0062]-[0065]) and then merger of smart assets for the new owner (note paragraphs [0052]-[0055] and [0070]-0074]).
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PEARSON whose telephone number is (571)272-0711. The examiner can normally be reached 8:30 - 6:00 pm; Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Thiaw can be reached at (571)270-1138. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID J. PEARSON
Primary Examiner
Art Unit 2407
/David J Pearson/Primary Examiner, Art Unit 2407