DETAILED ACTION
This Non-Final Office action is in response to Applicant’s Amendment on 06/20/2024. Claims 1-16 are pending. The effective filing date of the claimed invention is 12/21/2021.
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 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.
Claims 1-16 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 (and similarly claim 10, 15, 16) recites the limitation “based the quantity of input material. . . .” This renders the claim indefinite as it appears the claim is missing “based on. . . .” It is unclear if this was intended or simply a mistake. Appropriate correction is required.
Claim 3 recites “the physical entity” in line 2. There is a lack of proper antecedent basis for this limitation, thereby rendering the claim indefinite. Appropriate correction is required.
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 1-16 are rejected under 35 U.S.C. 101 because the claims are found to be directed to abstract idea.
Step 1 – Claims 1-14 are process claims; claims 15-16 are apparatus claims. Step 1 is satisfied.
Step 2A Prong 1 – Exemplary claim 1 (and similarly claims 10, 15-16) is found to recite the following abstract idea: method for registering at least one input material associated with at least one environmental attribute, wherein the input material is used in a chemical production network deriving one or more output material(s) from the input material (see MPEP 2106.04(a)(2)(III)), the method comprising:
providing an input material to the chemical production network (see MPEP 2106.04(a)(2)(II)(C), (III)),
providing at least one input material identifier associated with the respective input material, at least one environmental attribute associated with the respective input material and an quantity of input material provided to the chemical production network (see MPEP 2106.04(a)(2)(II)(C), (III)), and
based the quantity of input material allocating the environmental attribute to an input material account associated with the respective environmental attribute (MPEP 2106.04(a)(2)(I) and (III)).
When viewed alone and in ordered combination, these limitations are found to recite abstract idea.
Step 2A Prong 2 – Exemplary claim 1 is not found to integrate the abstract idea into practical application. Claim 1 recites the additional limitations of computer-implemented and a production network. However, merely reciting the words “apply it” (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f), is not found to be sufficient. When viewed alone and in ordered combination, the additional limitations are not found to integrate into practical application, therefore are found to be directed to abstract idea.
Step 2B – Exemplary claim 1 is not found to include significantly more. The additional limitations analysis of Step 2A Prong 2 is equally applied to Step 2B. Furthermore, Another consideration when determining whether a claim recites significantly more than a judicial exception is whether the additional element(s) are well-understood, routine, conventional activities previously known to the industry. This consideration is only evaluated in Step 2B of the eligibility analysis. See MPEP 2106.05(d). The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity:
The claimed receiving and transmitting/sending data between devices, found to be WURC,
The claimed performing repetitive calculations has been found to be WURC.
When viewed alone and in ordered combination, these additional limitations are not found to be significantly more, and therefore are found to be directed to abstract idea.
Dependent Claims – Claims 2-9, 11-14 recites more abstract idea. MPEP 2106.04(a)(2)(I, II, III). All claims are found to be directed to abstract idea.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1-16 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by US Pat Pub No 2022/0237628 to Wollack et al. (“Wollack”).
With regard to claims 1, 10, 15, 16, Wollack discloses the claimed computer-implemented (Wollack, e.g. [0070-71] method for registering (Wollack, e.g. abstract, registry) at least one input material associated with at least one environmental attribute, wherein the input material is used in a chemical production network deriving one or more output material(s) from the input material, the method comprising:
- providing an input material to the chemical production network (Wollack, e.g. Fig. 1A [0023] etc.),
- providing at least one input material identifier associated with the respective input material (Wollack, e.g. [0043] [0046] [0050-51], see also [0020] batch information such as identification information of the inputs,), at least one environmental attribute associated with the respective input material (Wollack e.g. [0020] The additional blockchain entries can include unique product identifiers that associate each product with a batch of material. In some embodiments, carbon credits associated with the production of the batch of materials may be divided amongst the individual products.) and an quantity of input material provided to the chemical production network (Wollack, e.g. [0020] In some embodiments, aspects of the present disclosure may additionally enable an owner of a product to view the results of a life-cycle assessment (LCA), which may also be referred to as a life-cycle analysis, for that product that is supported by a verified tracking of the various inputs to the LCA as recorded in the blockchain ledger. It will be appreciated that the given variant of LCA performed may depend on the embodiment. For example, the LCA performed in one embodiment may be a “cradle to grave” approach (such as an assessment including use of the product and through to the disposal of the product), while in another embodiment a “cradle to gate” approach (such as an assessment up to a point prior to transport of the product to a consumer) may be employed; [0029] As an example, the reaction vessel 110 may include sensors 111 that measure and record the amount, quality, and/or type of air, chemicals and reagents 102, biogas 104, batched media 106, and/or seed culture 108 input into the reaction vessel 110 for a given batch of polymers.), and
- based the quantity of input material allocating the environmental attribute to an input material account associated with the respective environmental attribute (Wollack, e.g. [0004-5] carbon credits based on the measured inputs; [0045] the production results in a net reduction of greenhouse gases in the atmosphere and can earn the producer carbon-credits. [0049] [0053-54] [0056-57]).
With regard to claims 2, 11, Wollack further discloses upon allocating the environmental attribute to the input material account the environmental attribute is decoupled from the physical flow of input material(s) for production of the output material by the chemical production network (Wollack e.g. [0020] In some embodiments, carbon credits associated with the production of the batch of materials may be divided amongst the individual products. These and other aspects of the present disclosure may enable an owner of one or more of the products to track and claim ownership of a properly divided share of the carbon credits generated from production of the carbon-sequestering material those products were produced from. The credit exists as a separately managed digital quantity decoupled from the input flow).
With regard to claim 3, Wollack further discloses where the input material identifier is associated with the physical entity of the input material entering the chemical production network (Wollack, [0028] [0044] [0066] batch identification, Figs. 1A, 1B, 5).
With regard to claim 4, Wollack further discloses the at least one input material identifier (polymer batch identifier), the at least one environmental attribute associated with the respective input material identifier (carbon credit for the identified polymer batch) and the quantity of input material are provided on entry of the input material to the chemical production network (weight or amount used).
With regard to claim 5, Wollack further discloses providing the quantity of input material includes providing a measured quantity of input material fed into a material storage or fed into a plant of the chemical production network for producing one or more output material(s) from the input material(s) (Wollack e.g. [0058]).
With regard to claim 6, Wollack further discloses the material identifier relates to a LOT number assigned to a certain quantity or group of input material(s) (Wollack e.g. [0028] batch identification) and/or the material identifier relates to an order number assigned to the transfer of a certain quantity or group of input material(s) for the chemical production network.
With regard to claim 7, Wollack further discloses the input material identifier is associated with a certificate certifying the environmental attribute (Wollack e.g. [0043]).
With regard to claim 8, Wollack further discloses where the at least one environmental attribute and the quantity of input material provided to the chemical production network are associated with the input material identifier and authentication information (Wollack, e.g. [0006] certifying and selling carbon credits).
With regard to claim 9, Wollack further discloses providing the input material to the chemical production network triggers generation of a transaction record assigning the input material identifier from an input material producer identifier to an input material consumer identifier (Wollack, e.g. [0046-49] [0065-66] disclosing blockchain records generated for identified polymer batches that include the batch identification, quantity, environmental credit info, and id of the polymer producer.further that a downstream resin producer receives and processes the identified polymer, that the downstream blockchain entry is tied to the upstream polymer batch entry, and that recording the downstream entry may transfer ownership of the associated carbon credits from the polymer producer to the resin producer.).
With regard to claim 12, Wollack further discloses the environmental attribute(s) linked to the output material identifier are determined based on the number of environmental attribute(s) linked to the one or more input material(s) used for producing the output material (Wollack, e.g. [0037]).
With regard to claim 13, Wollack further discloses the output material associated with the output material identifier is provided physically (Wollack, e.g. [0032-33]) and the at least one output environmental attribute associated with the output material identifier is provided virtually (Wollack, e.g. [0007], [0044-45] [0066] [0079]).
With regard to claim 14, Wollack further discloses the at least one environmental attribute associated with the output material identifier is provided as decentral asset including a decentral identifier, cryptographic information and the at least one output environmental attribute (Wollac, e.g. [0031-33], [0028], etc.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Peter Ludwig whose telephone number is (571)270-5599. The examiner can normally be reached Mon-Fri 9-5.
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, Fahd Obeid can be reached at 571-270-3324. 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.
/PETER LUDWIG/Primary Examiner, Art Unit 3627
Prosecution Insights