DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on November 26, 2025 has been entered. Applicant has amended claims 1 and 10. Claims 1 1-3, 5, 6, and 10 are now pending, have been examined and currently stand rejected.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-3, 5-6, and 10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is indefinite because it is unclear to one of ordinary skill in the art whether Applicants are claiming the subcombination of a “a system comprising a first user device comprising a processor, a memory and a user-specific wallet application” or the combination of a “a system comprising a first user device comprising a processor, a memory and a user-specific wallet application”, “a server” and “a distributed ledger”. If it is Applicants’ intent to claim only the subcombination, the body of the claims must be amended to remove any positive recitation of the combination. If it is Applicants’ intent to claim the combination, the preamble of the claim must be amended to be consistent with the language in the body of the claim. For Examination purposes, Examiner is considering the scope currently set by the preamble of the claims. Dependent claims 2, 5 and 6 are also rejected since they depend on claim 1.
In claim 1, the term “the fungible tokens” as in “the fungible tokens are toy fungible tokens based on a directed…”, lacks of antecedent basis because is unclear whether it is directed to "first", "second" or a combination of the first and second fungible tokens.
Dependent claims 2, 5 and 6 are also rejected since they depend on claim 1.
Similarly, in claim 10, the term “the fungible tokens” as in “the fungible tokens are toy fungible tokens based on a directed…”, lacks of antecedent basis because is unclear whether it is directed to "first", "second" or a combination of the first and second fungible tokens.
Claim 1 recites, in part, “the fungible tokens are toy fungible tokens based on a directed acyclic graph-structured distributed ledger.” It is unclear if this “directed acyclic graph-structured distributed ledger” refers to the same previously recited distributed ledger or a different ledger.
Dependent claims 2, 5 and 6 are also rejected since they depend on claim 1.
Similarly, 10 recites, in part, “the fungible tokens are toy fungible tokens based on a directed acyclic graph-structured distributed ledger.” It is unclear if this “directed acyclic graph-structured distributed ledger” refers to the same previously recited distributed ledger or a different ledger.
Claim 10 recite, in part, “non-transitory computer readable storage medium comprising instructions adapted to cause one or more processors to…”. Furthermore, the claim recites steps attributed to “a server (e.g., acquiring, aggregating and outputting…). The phrase “one or more processors” covers the possibility that a single processor is performing all of the recited steps. However, as the claims are recited, they cannot be performed by a single processor alone.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-3, 5-6, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vijayan et al. (US 2020/0005284 A1) “Vijayan”, in view of Traweek III (US 20230109125 A1), “Traweek” in view of Singh et al. (US 11,928,689 B2), “Singh”.
Regarding claim 1: Vijayan disclose:
A system comprising:
a first user device comprising: (See at least Vijayan, Fig. 1; [0023]; [0015]; [0023]; [0026];[ 0029])
a processor; (See at least Vijayan, [0011]; Fig. 11-15)
a memory; and (See at least Vijayan, [0120]; Fig. 11-15)
a user-specific wallet application comprising non-transitory program instructions stored in the memory that when executed by the processor cause it to: (See at least Vijayan, Abs.; Fig. 7; Fig. 9; Fig. 11; [0011]; [0118])
receive a user input indicating user-created electronic content data; (See at least Vijayan, [0011] [0048]; [0057] [0065-0066] For example, if a movie studio owns a virtual media property, like an animated character from a movie, that studio can utilize the content engagement platform to mint an NFT to tokenize the character into a digital collectible).
generate a non-fungible token and add the non-fungible token to the electronic content data as individual identification information; (See at least Vijayan, [0011] [0048]; [0057] [0065-0066] For example, if a movie studio owns a virtual media property, like an animated character from a movie, that studio can utilize the content engagement platform to mint an NFT to tokenize the character into a digital collectible).
generate a public field comprising the electronic content data with the nonfungible token added thereto; (See at least Vijayan, [0120]; In several embodiments, entries in the register include a unique serial number and a pointer to a location of a smart contract corresponding to the NFT in the NFT blockchain. In other embodiments, any of a variety of sets of data can be recorded in the register maintained by an NFT register application as appropriate to the requirements of a given application.)
generate a webpage comprising a plurality of selectable with the nonfungible token added thereto;(See at least Vijayan, [0120]; In several embodiments, entries in the register include a unique serial number and a pointer to a location of a smart contract corresponding to the NFT in the NFT blockchain. In other embodiments, any of a variety of sets of data can be recorded in the register maintained by an NFT register application as appropriate to the requirements of a given application.)
generate a webpage comprising a plurality of selectable indicators of transmission purposes and a link to the public field; (See at least Vijayan, [0011]; [0020]; [0106] where a [interface] (i.e., user interface) is generated (i.e., presented) comprising a plurality of selectable indicators of transmission purposes (i.e., a user instruction).)
receive at least one of a plurality of instructions input by a user on the webpage, the plurality of instructions comprising: (See at least Vijayan, [0011]; [0020]; [0106])
a first instruction that selects a first selectable indicator corresponding to an exchange purpose, (See at least Vijayan, [0012]; [0071]; [0086]. In certain embodiments, the digital exchange 210 enables users to quickly purchase and/or sell NFTs in a distributed fashion while honoring fee distribution rules incorporated within the smart contract underlying the NFT by the content creator 204 that originally minted the NFT.)
a second instruction that selects a second selectable indicator corresponding to a support purpose, the second instruction comprising fungible tokens as a gift; (See at least Vijayan, [0074] As is discussed further below, content owners 104 can provide the NFTs 106 to users to reward and/or incentivize engagement with particular pieces of content.)
send, to a server, a ranking request configured to instruct the server to aggregate a ranking: (See at least Vijaya, [0075; 0076]; In a number of embodiments, the media consumption data is captured actively in response to user interaction with a smart wallet user interface instructing that observations be collected and/or manually inputting information concerning media consumption that can be verified through capture of observations. the content engagement platform can, in many embodiments, generate engagement rankings based upon user behavior that can be published via mechanisms including (but not limited to) leaderboards.
the distributed ledger being configured to:
in response to the first instruction, generate and store the first number of fungible tokens and the non-fungible token, (See at least Vijayan, [0015]; [0023]; [0026-0029] In still another embodiment, the at least one immutable ledger comprises an NFT blockchain and the at least one computer system configured as an NFT registry service is configured to mint NFTs to the NFT blockchain; In yet another embodiment, the media wallet applications are capable of enabling purchase of NFTs using fungible tokens via at least one distributed exchange.)
in response to the second instruction, generate and store the second number of fungible tokens, and send, to the first user device via the network the second number of fungible tokens as the gift (See at least Vijayan, [0074]; [0086] [0086] Once minted, the NFTs can be offered directly to individual users and/or made available for purchase by way of an NFT exchange 210. In many embodiments, an NFT exchange is administered by a content engagement platform administrator 205.)
the first user device being configured to connect to a server via the network, the server being configured to in response to a ranking request from one of the plurality of user devices, the server is configured to: (See at least Vijayan, [0106-0107])
acquire, with an explorer script, information on an amount of fungible tokens and/or the non-fungible token recorded and stored in the distributed ledger; (See at least Vijaya, [0107] e.g., when the user interface comprising the dashboard is presented)
aggregate a ranking based on the information; and (See at least Vijayan, [0107] In several embodiments, a first user interface context is a dashboard (see, for example, FIG. 4A) that can include lists of tokens owned by the user, rank and/or status of the user with respect to particular fan leaderboards and/or metrics.)
output the ranking to at least the first user device. (See at least Vijayan, [0107] In several embodiments, a first user interface context is a dashboard (see, for example, FIG. 4A) that can include lists of tokens owned by the user, rank and/or status of the user with respect to particular fan leaderboards and/or metrics.)
Vijayan differs from the claimed invention, in part, because although Vijayan disclose (See Vijayan, [0013]; [0020]; [0027-0029]; [0040] In a further embodiment, the processor is capable of being configured by the media wallet application to enable purchase of NFTs using fungible tokens via at least one distributed exchange. In yet another embodiment again, the media wallet applications are capable of presenting offers to users via a user interface, where acceptance of an offer causes a media wallet application to initiate a transfer of tokens to the media wallet application in exchange…). Vijayan does not explicitly disclose the exchange between different devices e.g., send to the first user device via the network the first number of fungible tokens send, to another user device of the plurality of user devices, the non-fungible token and send, to the first user device via the network the second number of fungible tokens. However, examiner notes that these limitations (e.g., receiving, at the webpage, at least one of a first instruction comprising an input… or a second instruction…”. Further, the claims recite: “in response to the first instruction, generating…, sending…, sending,… and in response to the second instruction, generating…, sending…”) are contingent limitations that only needs to happen if one of the instructions are selected.
Vijayan disclose the media wallet applications are capable of enabling purchase of NFTs using
fungible tokens via at least one distributed exchange. Vijayan, [0028]; [0071]; [0086]; [0089-0090]. However, Vijayan does not explicitly disclose a first selectable indicator corresponding to an exchange purpose, the first instruction comprising an input of a first number of fungible tokens equivalent to a consideration for receiving the non-fungible token; and an input of a second number of fungible tokens as a gift.
Traweek, on the other hand, teaches that it was known in the art before the effective filling date of the instant claim to specify an amount of cryptocurrency (e.g., fungible token) in exchange for non-fungible token. (See at least Traweek, [0048-0050])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Vijayan that performs an exchange of fungible token to non-fungible token and include Traweek’s teachings in order to provide transactional clarity.
The combination of Vijayan and Traweek does not explicitly disclose the first user device being configured to connect to a distributed ledger via a network, the distributed ledger being constructed using a tangle-type directed acyclic graph structure.
Singh, on the other hand teaches the first user device being configured to connect to a distributed ledger via a network, the distributed ledger being constructed using a tangle-type directed acyclic graph structure. (See at least Singh, Col. 7 Lines 63-67; Col 8 lines 9-14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination and include Singh’s teachings in order to ensure consistency and data integrity.
The combination of Vijaya, Traweek and Singh does not explicitly disclose the fungible tokens are toy fungible tokens based on a directed acyclic graph-structured distributed ledger. However, this limitation is found non-functional descriptive material language as it only describes the fungible tokens.
Regarding claim 2: The combination of Vijayan, Traweek and Singh disclose the communication system of to claim 1. The combination further disclose perform a registration process comprising receiving authentication information input by the user and sending the authentication information to the server for storage, and perform a login process comprising receiving a login input by the user, querying the server for authentication information stored on the server, and comparing the login input against the authentication information. (See at least Vijayan, [0023]; [0084]; [0094]; [0045]; [0069]; authenticating content creator credentials.)
Regarding claim 3: The combination of Vijayan, Traweek and Singh disclose wherein the amount of fungible tokens recorded and stored in the distributed ledger comprises an electronic crypto asset that can be used only within the system. (See at least Vijayan, [0086]; [0088]; [0107]. In several embodiments, additional interactions in this context can expose additional functionality enabling the user to buy and/or sell fungible tokens and NFTs via distributed exchanges.)
Regarding claim 5: The combination of Vijayan, Traweek and Singh disclose the communication system of to claim 1. The combination further disclose, aggregate the ranking comprising at least one of a ranking of an amount of transmissions and receptions of fungible tokens, a ranking of a number of users who sent fungible tokens to the webpage, a ranking of an amount of fungible tokens purchased or donated, or a ranking of an amount of fungible tokens owned by each user. (See at least Vijayan, [0075]; 0107]; engagement ranking)
Regarding claim 6: The combination of Vijayan, Traweek and Singh disclose the communication system of to claim 5. The combination further disclose, wherein the server is further configured to output to at least one of the plurality of user devices information comprising at least one of an operating cost of the system, a total amount of fungible tokens issued, a total amount of fungible tokens purchased, a rate at which fungible tokens are purchased, or a total amount of fungible tokens being used in real time. (See at least Vijayan, [0075]; 0107]; engagement ranking)
Regarding claim 10: Vijayan disclose:
receiving, at a user-specific wallet application of a user device, a user input indicating user created electronic content data; (See at least Vijayan, [0011] [0048]; [0057] [0065-0066] For example, if a movie studio owns a virtual media property, like an animated character from a movie, that studio can utilize the content engagement platform to mint an NFT to tokenize the character into a digital collectible).
generating a non-fungible token and adding the non-fungible token to the electronic content data as individual identification information; (See at least Vijayan, [0011] [0048]; [0057] [0065-0066] For example, if a movie studio owns a virtual media property, like an animated character from a movie, that studio can utilize the content engagement platform to mint an NFT to tokenize the character into a digital collectible).
generating a public field comprising the electronic content data with the non-fungible token added thereto; ;(See at least Vijayan, [0120]; In several embodiments, entries in the register include a unique serial number and a pointer to a location of a smart contract corresponding to the NFT in the NFT blockchain. In other embodiments, any of a variety of sets of data can be recorded in the register maintained by an NFT register application as appropriate to the requirements of a given application.)
generating a webpage comprising a plurality of selectable indicators of transmission purposes and a link to the public field; (See at least Vijayan, [0011]; [0020]; [0106] where a [interface] (i.e., user interface) is generated (i.e., presented) comprising a plurality of selectable indicators of transmission purposes (i.e., a user instruction) receive at least one of a plurality of instructions input by a user on the webpage, the plurality of instructions
sending, to a server, a ranking request configured to instruct the server to aggregate a ranking by: (See at least Vijaya, [0075; 0076]; In a number of embodiments, the media consumption data is captured actively in response to user interaction with a smart wallet user interface instructing that observations be collected and/or manually inputting information concerning media consumption that can be verified through capture of observations. the content engagement platform can, in many embodiments, generate engagement rankings based upon user behavior that can be published via mechanisms including (but not limited to) leaderboards.
acquiring, with an explorer script, information on an amount of fungible tokens and/or the non-fungible token recorded and stored in the distributed ledger; (See at least Vijaya, [0107] e.g., when the user interface comprising the dashboard is presented)
aggregating a ranking based on the information; and (See at least Vijayan, [0107] In several embodiments, a first user interface context is a dashboard (see, for example, FIG. 4A) that can include lists of tokens owned by the user, rank and/or status of the user with respect to particular fan leaderboards and/or metrics.)
outputting the ranking to at least the first user device; (See at least Vijayan, [0107] In several embodiments, a first user interface context is a dashboard (see, for example, FIG. 4A) that can include lists of tokens owned by the user, rank and/or status of the user with respect to particular fan leaderboards and/or metrics.)
receiving, at the webpage, at least one of a first instruction comprising [a transaction and an exchange]; (See at least Vijayan, [0012]; [0071]; [0074]; [0086]. In certain embodiments, the digital exchange 210 enables users to quickly purchase and/or sell NFTs in a distributed fashion while honoring fee distribution rules incorporated within the smart contract underlying the NFT by the content creator 204 that originally minted the NFT; content owners 104 can provide the NFTs 106 to users to reward and/or incentivize engagement with particular pieces of content.)
in response to the first instruction:
generating and storing, by a distributed ledger the first number of fungible tokens and the nonfungible token, and (See at least Vijayan, [0015]; [0023]; [0026-0029] In still another embodiment, the at least one immutable ledger comprises an NFT blockchain and the at least one computer system configured as an NFT registry service is configured to mint NFTs to the NFT blockchain; In yet another embodiment, the media wallet applications are capable of enabling purchase of NFTs using fungible tokens via at least one distributed exchange.)
in response to the second instruction:
generating and storing, by the distributed ledger, the second number of fungible tokens, and sending and receiving the second number of fungible tokens as the gift between the plurality of user devices via the network. (See at least Vijayan, [0074]; [0086] [0086] Once minted, the NFTs can be offered directly to individual users and/or made available for purchase by way of an NFT exchange 210. In many embodiments, an NFT exchange is administered by a content engagement platform administrator 205.)
Vijayan differs from the claimed invention, in part, because although Vijayan disclose (See Vijayan, [0013]; [0020]; [0027-0029]; [0040] In a further embodiment, the processor is capable of being configured by the media wallet application to enable purchase of NFTs using fungible tokens via at least one distributed exchange. In yet another embodiment again, the media wallet applications are capable of presenting offers to users via a user interface, where acceptance of an offer causes a media wallet application to initiate a transfer of tokens to the media wallet application in exchange…). Vijayan does not explicitly disclose the exchange between different devices e.g., send to the first user device via the network the first number of fungible tokens send, to a second user device, the non-fungible token and send, to the first user device via the network the second number of fungible tokens. However, examiner notes that these limitations (e.g., receiving, at the webpage, at least one of a first instruction comprising an input… or a second instruction…”. Further, the claims recite: “in response to the first instruction, generating…, sending…, sending,… and in response to the second instruction, generating…, sending…”) are contingent limitations that only needs to happen if one of the instruction are selected.
Vijayan disclose the media wallet applications are capable of enabling purchase of NFTs using
fungible tokens via at least one distributed exchange. Vijayan, [0028]; [0071]; [0086]; [0089-0090]. However, Vijayan does not explicitly disclose a first selectable indicator corresponding to an exchange purpose, the first instruction comprising an input of a first number of fungible tokens equivalent to a consideration for receiving the non-fungible token; and an input of a second number of fungible tokens as a gift.
Traweek, on the other hand, teaches that it was known in the art before the effective filling date of the instant claim to specify an amount of cryptocurrency (e.g., fungible token) in exchange for non-fungible token. (See at least Traweek, [0048-0050])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Vijayan that performs an exchange of fungible token to non-fungible token and include Traweek’s teachings in order to provide transactional clarity.
The combination of Vijayan and Traweek disclose the processor is capable of being configured by the media wallet application to manage accounts on multiple immutable ledgers. Vijaya, [0014]. However, the combination does not specifically disclose the distributed ledger constructed using a tangle-type directed acyclic graph structure.
Singh, on the other hand teaches the distributed ledger constructed using a tangle-type directed acyclic graph structure. (See at least Singh, Col. 7 Lines 63-67; Col 8 lines 9-14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above combination and include Singh’s teachings in order to ensure consistency and data integrity.
The combination of Vijaya, Traweek and Singh does not explicitly disclose the fungible tokens are toy fungible tokens based on a directed acyclic graph-structured distributed ledger. However, this limitation is found non-functional descriptive material language as it only describes the fungible tokens.
Rejection under 35 U.S.C. § 112(b)
Applicant’s arguments with respect to the 112(b) rejections. (Remarks, p. 6) were considered but they are not persuasive. The amendments the claims with the intend to overcome the 112(b) rejections raised clarity issues. For example, is not clear whether Applicants are claiming the subcombination of a “a system comprising a first user device comprising a processor, a memory and a user-specific wallet application” or the combination of a “a system comprising a first user device comprising a processor, a memory and a user-specific wallet application”, “a server” and “a distributed ledger”. See rejection above, in the 112 rejections section.
Rejection under 35 U.S.C. § 103
Applicant argues that Applicant respectfully submits that Vijayan, Traweek, and Patterson fail to disclose all the recited features of amended independent claims 1 and 10,. (Remarks, p. 7). However, upon further consideration of the newly introduced language, a new ground(s) of rejection is made in view of Vijayan, Traweek and Singh Examiner notes this feature is disclosed by “Singh”.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARLYANNIE M GARCIA whose telephone number is (571)272-6950. The examiner can normally be reached Monday - Friday 7:30am - 4:30-pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patrick McAtee can be reached at (571) 272-7575. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.G.M/Examiner, Art Unit 3698
/EDUARDO CASTILHO/Primary Examiner, Art Unit 3698
Prosecution Insights