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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4 and 6-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention..
The specification fails to provide a detailed or clear explanation of how to make and use the claimed invention with the claimed “smart contract”, “blockchain marketplace”, “digital ledger”, “immutable database”, “engineered infrastructure”, “tokenized smart contract”, “shared database”, “mathematical model” and/or analytical prediction performance of the infrastructure”. Both the specification and the claims are narrative.
The specification also fails to recite how an event occurs over space.
A detailed explanation of these claimed features in a compact computerized system is not provided or adequately described in the specification as to enable one of ordinary skill in the art to make and use the invention as claimed.
Claims 1-4 and 6-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
It is unclear as to what is meant by “other means” as found in claim 8.
Claims not directly addressed are rejected based on their dependencies.
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 and 6-20 remain rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Subject Matter Eligibility Standard
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter.
Specifically, claim 4 is directed to a method. Claims 1 and 7 are directed to a system. Each of the claims falls under one of the four statutory classes of invention.
If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea).
The claims recite the following abstract idea, absent the bolded limitations.
Claim 1 recites:
one or more sensors or data from one or more digital storage databases, and one or more infrastructure or infrastructures in a watershed or airshed that is subject to events consisting of a pollutant load or a hazard, the one or more digital storage databases informing, or one or more sensors measuring, the pollutant load or hazard in one or more infrastructure, infrastructures, or in the environment of the watershed or airshed, wherein the infrastructure reduces the risk, damage, or loss from the pollutant load or hazard in the environment of the watershed or airshed; and
one or more computing devices configured to
receive data regarding the reduction, of risk, of damage, or of loss, including from mitigation or adaptation with one or more infrastructure or infrastructures of the informed or measured pollutant load or hazard within the watershed or airshed from the one or more sensors or one or more digital ledgers or digital storage databases;
determine using a model or from analysis, a performance, or a prediction of performance of the one or more engineered infrastructure;
with the performance or prediction of performance resulting in one or more triggers that incentivizes the performance of the one or more infrastructure or a payout between two parties,
evaluate whether or not one or more present triggers for, the risk, the damage, or the loss, or, the reduction of risk, damage, or loss, from the pollutant load or hazard in the environment of the watershed or airshed, has been met within a specific timeframe or upon the occurrence of a detected event based on the data from one or more digital storage databases or one or more sensors measuring the pollutant load or hazard regarding mitigation or adaptation of the informed or measured pollutant load or hazard within the watershed or airshed from the one or more digital storage databases or one or more sensors in comparison with the risk, loss, or damage in the absence of the infrastructure or a mathematical model or analytical prediction of performance of the infrastructure;
based on a determination that the one or more preset triggers, set for the performance, or using the mathematical model or analytical prediction of performance, has been met or not met based on this comparison, generate digital currency, or token, or tokens within a, blockchain, digital ledger, or a centralized database; and
provide a value for the digital currency or generated token or tokens based on the data regarding mitigation or adaptation of the measured or informed pollutant load or hazard within the watershed or airshed from the one or more databases or one or more sensors with the prediction,
the value of said digital currency, token or tokens incentivizing a payout between two or more parties, or incentivizing the improvement in performance of the infrastructure,
where the said digital currency, generated token or generated tokens are transferred within a blockchain platform integrated with a project platform for project performance monitoring.
Claim 2 recites wherein the event, events or performance occurs within a space or time, over multiple spaces or times, or integrated over space or time.
Claim 3 recites wherein one or more of said sensors are fixed, or mounted, on a satellite or in a drone or a buoy or a water vehicle.
Claim 4 recites:
A method comprising the steps of:
a. informing on or measuring a pollutant load or hazard in an infrastructure or infrastructures projects and the environment of the watershed or airshed in a watershed by one or more digital storage databases or one or more sensors, in a watershed or airshed that is subject to events consisting of a pollutant load or a hazard;
b. receiving, by one or more computing devices data, regarding the reduction of risk, loss, or damage, including mitigation or adaptation of the informed or measured pollutant load or hazard, within the watershed or airshed from the one or more digital databases or one more sensors;
c. evaluating, by one or more computing devices data, whether or not one or more preset triggers, set using a model or prediction of performance of the infrastructure or infrastructures, has been met, and
wherein said evaluating is based on comparing the data regarding mitigation or adaptation of the measured pollutant load or hazard within the watershed or airshed from the one or more sensors or one or more digital storage databases with the preset trigger; wherein a determination is made whether the one or more preset triggers has been met or not met within a specific timeframe or upon the occurrence of a detected event, and further comprising the steps of:
d. issuing, by the one or more computing devices digital currency or a token or tokens within a blockchain or a ledger or a centralized platform; and
e. providing a valuation of the issued digital currency or token or tokens, by the one or more computing devices, based on the data regarding mitigation or adaptation of the measured pollutant load or hazard within the watershed or airshed from the one or more digital storage databases or one or more sensors, the value of said digital currency or token or tokens incentivizing a payout between two or more parties, or incentivizing the improvement in performance of the infrastructure
f. approving the transfer of the tokens to a receiver based on a smart contract within a blockchain network based on a performance of an infrastructure project in an integrated system.
Claim 6 recites wherein said evaluating is based on the data regarding mitigation or adaptation of the measured pollutant load or hazard within the watershed or airshed from the one or more sensors and a modeled loss analysis, modeled risk analysis or a modeled loss mitigation or adaptation analysis and further comprising the step of:
providing the tokens or digital currency as payout based on the data regarding mitigation or adaptation of the measured pollutant load or hazard within the watershed or airshed from the modeled loss analysis, modeled risk analysis or modeled loss mitigation or adaptation analysis.
Claim 7 recites:
A system comprising:
one or more sensors, and one or more infrastructure or infrastructures in a watershed or airshed that is subject to events consisting of a pollutant load or a hazard, the one or more sensors measuring the pollutant load or hazard in one or more infrastructure or infrastructures or the environment of the watershed or airshed, wherein the infrastructure reduces the risk, loss, or damage of the pollutant load or hazard in the environment of the watershed or airshed utilizing a ledger to tabulate improvements, removals, or risk, loss or damage reduction; and
one or more computing devices configured to
to receive data, regarding the reduction of risk, loss, or damage, including mitigation or adaptation with one or more infrastructure or infrastructures of the measured pollutant load or hazard within the watershed or airshed from the one or more sensors;
determine using a model or from analysis, a performance or a prediction of performance of the one or more infrastructure, with the performance or prediction of performance resulting in one or more triggers that incentivizes the performance of the one or more infrastructure or a payout between two parties,
evaluate whether or not one or more present triggers for, the risk, loss, or damage, or, the reduction of risk, loss or damage, of the pollutant load or hazard in the environment of the watershed or airshed, has been met within a specific timeframe or upon the occurrence of a detected event based on the data from one or more sensors measuring the pollutant or hazard, regarding mitigation or adaptation of the measured pollutant or hazard within the watershed or airshed from the one or more sensors in comparison with the risk, loss, or damage in the absence of the infrastructure, or a model or prediction of performance;
wherein based on a determination whether the one or more preset triggers has been met or not met within a specific timeframe or upon the occurrence of a detected event, incentivizing a payout between two or more parties, or incentivizing the improvement in performance of the infrastructure,
where the said digital currency, generated token or generated tokens are transferred within a blockchain platform integrated with a project platform for project performance monitoring.
Claim 8 recites wherein the payout is a digital currency linked to a centralized platform.
Claim 9 recites wherein a hazard results in a loss or damage, or an improvement associated with a hazard mitigates a loss or damage or adapts to prevent or reduce a loss or damage.
Claim 10 recites wherein the event or performance occurs in a space or time, or over multiple space or time, or integrated over space or time.
Claim 11 recites wherein whether or not one or more present triggers has been met is evaluated based on the data regarding mitigation or adaptation of the measured pollutant load or hazard within the watershed or airshed from the one or more sensors and a modeled loss analysis or modeled loss mitigation or adaptation analysis, and
the value of the digital currency or generated token or tokens is provided based on the data regarding mitigation or adaptation of the informed or measured pollutant load or hazard within the watershed or airshed from the one or more digital storage databases or one or more sensors and the modeled loss analysis or modeled loss mitigation or adaptation analysis.
Claim 12 recites
wherein said blockchain is a marketplace exchange system for
financing a mitigation or adaptation using green, grey or built infrastructure associated with a natural or environment system, including an airshed, a watershed, or a natural disaster, that comprises one or more of the following:
a. issued contracts upon conditional accomplishment of said mitigation or adaptation, and the value or quantity of token or tokens that are approved or transferred increases or decreases:
based on the relative or absolute hazard or pollution and the corresponding accrued benefits associated with mitigation of said hazard or pollution, or based on a prioritization or weighting of said hazard or pollution or its adaptation or mitigation, including transferring tokens to said receiver for having conducted said adaptation or mitigation, and the receiver thereby trading said tokens or otherwise receiving
b. associated beneficiary payments that is at least 20% and preferably 50% of overall payments over the lifetime of the assessment accrued from decrease in insurance costs, decrease in said hazard or pollution, or incentives, fees, taxes, levies or direct fiat transfers from increase in value of land, real estate, tourism or health, or
c. associated hazard or polluter payments including associated fees or levies associated with increasing or causing said hazard or pollution.
Claim 13 recites: wherein said blockchain is a marketplace exchange system comprising at least two or more groups of the following:
a sponsor or sponsors, an insurer or a syndicate of insurers, an investor or a syndicate of investors, an issuer or issuers, or builder or builders, contractor or contractors, farmers, residents, dischargers, individuals, governmental and non-governmental agencies, businesses, regulators or third party beneficiaries, wherein:
a. an environment or energy related warranty, performance or insurance is transacted, and/or related financial investment bond, stock, annuity, hybrid annuity, fund or target date fund is transacted directly or within a trust or trusts or special purpose vehicle or vehicles in a modular approach as desired, and
b. a sponsor or sponsors establishes an insurance need or request and issuers or multiple issuers underwriting or compete to underwrite this need or request that contains conditions, and/or a sponsor or sponsors establishes a need or requirement to build an environment or energy project or associated built or natural infrastructure that contains conditions, and
c. insurer, reinsurers, or multiple insurers, or multiple reinsurers can invest or divest the insurance in a single, multiple or a series of transactions, and/or where investors, builders, contractors, businesses or individuals can invest or divest in the said project or infrastructure in a single, multiple or a series of transactions, and
d. beneficiaries make payments or repayments in the form of premiums, coupons, or otherwise directly using funds derived from special purpose vehicles or trusts, or from fees, levies, interest, income, or equities or
e. a database is transparent to all the stakeholders, or
f. a contract or contracts are used to automatically process said transaction, investments, coupons or premiums to investor or syndicate of investors, and/or to insurer or syndicate of insurers, and/or to builders or contractors or businesses or individuals through crowdsourcing or other means, or
g. every transaction and changes are permanently recorded in a database, or
h. the message protocol for real-time processing and visualization.
Claim 14 recites where the risk or hazard can be de-risked and/or transacted in an instrument in bond which results in protection, savings or payouts to sponsor or sponsors using a combination of
a. a warranty or surety associated with a built adaptation or mitigation infrastructure cost is less than one-third to half of full hazard insurance value, and
b. an additional insurance instrument or combination of insurance instruments including a reverse pay for performance insurance or a residual hazard insurance wherein the reverse insurance value is less than one-third to half of full hazard insurance value.
Claim 15 recites wherein the sensing is any one of water quantity or quality of watershed or of associated infrastructure; air quantity or quality of airshed or of associated infrastructure; soil quality, mudslides, earthquakes or fire or associated infrastructure.
Claim 16 recites wherein said transactions include:
a. performance guarantees, contingent and conditional instruments
b. sureties and insurances including warranties, surety bonds, disaster bonds, catastrophe bonds, parametric insurance, indemnity insurance, modeled or modeled loss insurance, resilience bonds,
c. contingent convertible financial instruments, bonds, stocks, equity or debt instruments, restoration bonds,
d. beneficial repayments including tax increment financing, betterment levies, real estate funds or trusts or special purpose vehicles, travel or tourism fees or dues, mortgage bonds, restoration bonds, performance bonds, hybrid annuity or bank guarantees or insurance savings, or
e. polluter fees and payments including municipal or industrial discharge fees, stormwater fees.
Claim 17 recites wherein said data is in the form of text, numbers, single media or multimedia, alphanumeric, photos or videos and sensing can be audio, visual, vibration, touch or through the detection of chemical or heat signatures.
Claim 18 recites wherein said infrastructure is for:
a. a grey or green infrastructure asset types,
b. flood or drought management infrastructure including reservoirs, groundwater, levees, dams or wall construction performance and levee, dams or wall operation and maintenance performance,
c. pollution management infrastructure including a treatment plant construction performance, a treatment plant operation performance, a dam performance, a fire protection performance or earthquake protection infrastructure performance, or
d. the performance of an energy grid or performance of an energy generation project.
Claim 19 recites the steps of mounting or fixing the one or more sensors are on a satellite or in a drone or a buoy or a water vehicle.
Claim 20 recites one or more sensors are fixed, or mounted, on a satellite or in a drone or a buoy or a water vehicle.
Here, the claimed concept falls into the category involving mental processes such as concepts or steps performed by a human and/or in the human mind including an observation, evaluation, judgment and/or opinion.
The BRI of the claimed limitations describe functions of :
“evaluate whether or not one or more present triggers for, the risk, the damage, or the loss, or, the reduction of risk, damage, or loss, from the pollutant load or hazard in the environment of the watershed or airshed, has been met within a specific timeframe or upon the occurrence of a detected event based on the data from one or more digital storage databases or one or more sensors measuring the pollutant load or hazard regarding mitigation or adaptation of the informed or measured pollutant load or hazard within the watershed or airshed from the one or more digital storage databases or one or more sensors in comparison with the risk, loss, or damage in the absence of the infrastructure or a model or prediction of performance of the infrastructure, and provide a valued of a digital currency incentivizing a payout between two or more parties” as noted in claims 1 and 7 and as similarly recited in independent claim 4.
Step 2A, Prong Two: The judicial exception is not integrated into a practical application, In particular, the clams recite the above bolded limitations understood to be the additional limitations.
The limitations of:
“evaluate…” and “provide…” functions of claims 1 and 7, and the ‘evaluating…” and
“comparing…” functions of claim 4,
merely amount to instructions to implement an abstract idea on a computer or merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(1) ), also see applicant's specification for guiding interpretation of these claim features, describing implementation with generic commercially available devices or any machine capable of executing a set of instructions, similarly describing usage of general and special purpose computer and “any kind of digital computer” including generic commercially available devices.
The functions of the claimed computing devices for receiving data, evaluating, comparing and processing data are similarly understood in light of applicant's specification as mere usage of any arrangement of computer software or hardware intermediate components potentially using networks to communicate data among computers "now available or later developed may be used” which is properly understood to be mere instructions to apply the abstraction using a computer or device.
Furthermore, using sensors to gather data or using a computing device to receive or send data amounts io insignificant extra-solution activity of data gathering data and transmitting data - see MPEP Z106.05(g}. The result of receiving data also amounts to a data gathering function.
The claims also recite issuing, by the one or more computing devices digital currency or a token or tokens within a blockchain or a digital ledger or a centralized platform is merely a function of making a payment.
Performing steps or functions by a generic machine, machine learning or device or blockchain, server or computer processors with memories merely limits the abstraction to computer field by execution by generic computers. See MPEP 2106.05(h).
As noted in MPEP 2106.04(d), limitations which amount to instructions to implement an abstract idea on a computer, or processor or merely using a computer as a tool, limitations which amount to insignificant extra-solution activity, and limitations which amount to generally linking to a particular technological environment do not integrate a practical exception into a practical application.
The breadth of these limitations reasonably includes receiving data, evaluating data and comparing data using a computing device. These functions are similar to Alappat, which as noted in MPEP 2106. 05(b)(1) is superseded, and the correct analysis is to look whether the added elements integrate the exception into a practical application or provide significantly more than the judicial exception. The claims in the instant application are performed by one or more processors which receive data.
Consideration of these steps as a combination does not change the analysis as they do not add anything compared to when the steps are considered separately. The claims recite a particular sequence of functions to arrive at a final function of providing an incentive to one or more parties.
Performance of these steps or functions technologically may present a meaningful limit to the scope of the claim does not reasonably integrate the abstraction into a practical application.
Step 2B: The elements discussed above with respect to the practical application in Step 2A, prong 2 are equally applicable to consideration of whether the claims amount to significantly more. Accordingly, the clams fail to recite additional elements which, when considered individually and in combination, amount to significantly more. Reconsideration of these elements identified as insignificant extra-solution activity as part of Step 2B does not change the analysis.
Receiving data by electronic means or hardware amounts to receiving and transmitting information over a network has been recognized by the courts as well- understood, routine, and conventional (See MPEP 2106.05(d)(II), citing Symantec, 835 F.3d at 1321, 120 OSPQ2d at 1362 (Utilizing an intermediary computer to forward information); TL Communications LEC v. AV Auto. LLC, 823 F.3d 607, G10, L18 USPO2d 1744, 1748 (ed. Cir. 2016) Casing a telephone for image transmission); OFF Techs., fac. v. Amazon.com, fic., 788 B.Ad 1359, 1363, LiS USPO2d 1090, 1093 (ed, Cir. 2015) (sending messages over a network}, buySAFE, fic. v. Google, Inc.. 768 F.3d 1350, 1355, 112 USPQ2d 1093, 1996 (Pod, Cyr. 2014) (computer receives and sends information over a network).
Positively reciting a computing device or a sensor or database storage and blockchain network as claimed does not change the analysis as these aspects are properly considered as additional elements which amount to instructions to apply it with a computer.
These claimed elements also as found in the dependent claims are also recited at a high level of generality such that they amount to no more than mere instructions to apply the exception using a generic component.
In processing the claims, it is noted that the recitation of these additional elements do not impact the analysis of the claims because these elements in combination are noted only to be a general purpose computer for performing basic or routine computer functions. These claimed elements are noted to a be a generic computer collecting data and performing routine and conventional functions. These additional elements do not overcome the analysis as these elements are merely considered as additional elements which amount to instructions to be applied to the generic computer.
The judicial exception is not integrated into a practical application. In particular, the claimed “ledger”, “database”, “computing device”, data storage”, “sensor”, “blockchain network” and “blockchain” are recited at a high level of generality such they amount to no more than mere instructions to apply the exception using generic components. 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.
Accordingly, claims 1, 4 and 7 are directed to an abstract idea.
The dependent claim(s) when analyzed and each taken as a whole are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea.
The prior art taken alone or in combination failed to teach or suggest:
“evaluate whether or not one or more present triggers for, the risk, the damage, or the loss, or, the reduction of risk, damage, or loss, from the pollutant load or hazard in the environment of the watershed or airshed, has been met within a specific timeframe or upon the occurrence of a detected event based on the data from one or more digital storage databases or one or more sensors measuring the pollutant load or hazard regarding mitigation or adaptation of the informed or measured pollutant load or hazard within the watershed or airshed from the one or more digital storage databases or one or more sensors in comparison with the risk, loss, or damage in the absence of the infrastructure or a mathematical model or analytical prediction of performance of the infrastructure, and ”
provide a valuation of the issued digital currency or token or tokens, by the one or more computing devices, based on the data regarding mitigation or adaptation of the measured pollutant load or hazard within the watershed or airshed from the one or more digital storage databases or one or more sensors, the value of said digital currency or token or tokens incentivizing a payout between two or more parties, or incentivizing the improvement in performance of the infrastructure and approve the transfer of the tokens to a receiver based on a smart contract within a blockchain network based on a performance of an infrastructure project in an integrated system” as recited in independent claims 1 and 7.
“wherein said evaluating is based on comparing the data regarding mitigation or adaptation of the measured pollutant load or hazard within the watershed or airshed from the one or more sensors or one or more digital storage databases with the preset trigger, wherein a determination is made whether the one or more preset triggers has been met or not met within a specific timeframe or upon the occurrence of a detected event, and further comprising the steps of: d. issuing, by the one or more computing devices digital currency or a token or tokens within a blockchain or a ledger or a centralized platform, and providing a valuation of the issued digital currency or token or tokens, by the one or more computing devices, based on the data regarding mitigation or adaptation of the measured pollutant load or hazard within the watershed or airshed from the one or more digital storage databases or one or more sensors, the value of said digital currency or token or tokens incentivizing a payout between two or more parties, or incentivizing the improvement in performance of the infrastructure, approving the transfer of the tokens to a receiver based on a smart contract within a blockchain network based on a performance of an infrastructure project in an integrated system”, as recited in independent claim 4.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANTZY POINVIL whose telephone number is (571)272-6797. The examiner can normally be reached M-Th 7:00AM to 5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Anderson can be reached on 571-270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/fp/
/FRANTZY POINVIL/Primary Examiner, Art Unit 3693
September 3, 2025