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 June 21, 2024.
By preliminary amendment, Claims 1-16 are canceled and claims 17-32 are newly added. Claims 17-32 are pending and have been examined.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
In Claim 28:
A balancing module configured to provide…
An attribution module configured to provide…
A target provider configured to provide…
An outbound allocator configured to: select…, determine…, and assign….
In claim 30:
An assignor configured to assign…
A material provider configured to provide…
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Specification support for the means plus function substitutes is found in the following:
In Claim 28:
A balancing module configured to provide… in par 051: “The account for balancing environmental attributes may refer to a digital storage structure that stores data related to environmental attributes.”
An attribution module configured to provide…in par 051: “The account may be associated with meta data identifying the input or target material the account is associated with. The account may be part of a balancing system including multiple accounts. The account may hold environmental attributes for transaction. Environmental attributes may be attributed, added, deleted, withdrawn or deducted from the account. The at least one attribution rule may specify the attribution scheme associated with the account for balancing environmental attributes. The at least one attribution rule may specify the attribution of environmental attributes associated with input materials and the chemical production network to environmental attributes associated with target materials. The at least one attribution rule may depend on a target material identifier and an environmental attribute. The at least one attribution rule may include instructions for attributing environmental attributes from input materials to at least one account for balancing environmental attributes.”
A target provider configured to provide… in par 074: “In another embodiment the attribution rule includes instructions determining a validity date of the environmental attribute(s) to be attributed to the target material. On providing the input material(s) the environmental attribute(s) may be registered to the account for balancing environmental attributes. The environmental attribute(s) may be provided in association with a validity date. The environmental attribute(s) may be provided in association with the validity date and an input material identifier. Based on the validity date the environmental attribute(s) to be attributed to the target material identifier may be selected. The environmental attribute(s) associated with a valid validity date and/or the oldest validity date may be attributed to the target material identifier. By selecting the environmental attributes based on validity date, environmental attributes can be effectively managed.”
An outbound allocator configured to: select…, determine…, and assign…. In par 0110: “The operating system may be configured to register inbound environmental attributes, to assign outbound environmental attributes and to manage inbound registration as well as outbound assignment via attribution rules.”
In claim 30:
An assignor configured to assign…par 059: “In another embodiment the at least one attribution rule depends on a target material type and an environmental attribute type, wherein at least one account for assigning or attributing environmental attributes and environmental units to be transacted from the respective account to the target material identifier are determined via the at least one attribution rule.”
A material provider configured to provide… par 0112, waste stream: “The chemical production network may comprise a pyrolysis unit for pyrolysis of recycled waste. A recycled waste stream may feed the pyrolysis unit. Waste stream may include plastics, rubber (including tires), textiles, wood, biowaste, modified celluloses, wet laid products, and any other material suitable for pyrolysis. The waste stream may include a stream containing at least in part post-industrial, or post-consumer, or both post-industrial and post-consumer materials. A post-consumer material is one that has been used at least once for its intended application for any duration of time regardless of wear, or has been sold to an end use customer, or which is discarded into a recycle bin by any person or entity other than a manufacturer or business engaged in the manufacture or sale of the material.”
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.
Claim 17-32 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The claim(s) recite(s)
Claims 17 and 28, which are similar in scope:
A method for assigning or attributing one or more environmental attribute(s) associated with input material(s) to target material(s), wherein the target material(s) are produced by a chemical production network using at least one of the input material(s), wherein the chemical production network chemically converts input materials via chemical intermediates to target material(s) that exit the chemical production network, the method comprising: providing at least one account for balancing environmental attributes and at least one attribution rule for attributing environmental attributes to target material(s), wherein the environmental attributes are associated with input material(s), wherein the one or more environmental attribute(s) may be added or withdrawn from the at least one account; providing a target material identifier associated with a target material and at least one target environmental attribute; based on the target material identifier and the at least one target environmental attribute selecting the at least one attribution rule; determining via the at least one attribution rule at least one account for attributing the one or more environmental attribute(s) from the at least one account to the target material identifier, and assigning or attributing the one or more environmental attribute(s) of the input materials from the at least one account for balancing the one or more environmental attribute(s) to the target material identifier, wherein the target material identifier is associated with the physical entity of the target material, and wherein the target material identifier is a virtual identifier uniquely linked to the target material.
Claim 29: A method for providing at least one target material associated with one or more environmental attribute(s) and produced by a chemical production network, the method comprising:; assigning or attributing at least one environmental attribute associated with the one or more input material(s) to the at least one target material identifier(s) according to the abstract idea of claim 17,
Claim 30:
to assign at least one environmental attribute associated with the one or more input material(s) to the target material identifier(s) according to the abstract idea of claim 17,
Claim 31:
A method to provide at least one discrete product identifier relating at least one discrete product in association to one or more environmental attribute(s) comprising using the one or more environmental attribute(s) assigned to the target material identifier as provided by the abstract idea of claim 17.
Claim 32:
A method to produce at least one discrete product associated with one or more environmental attribute(s) comprising using the at least one target material associated with one or more environmental attribute(s) as provided by the abstract idea of claim 29.
Per claims 17 and 28, which are similar in scope, the claims recite a mental process because the steps are observation and judgment steps. First, the preamble that discusses the target materials produced by a chemical production network describes the intended use of the method and apparatus steps, as the steps do not further limit the actual (physical) production of materials by the network. See MPEP 2111.02(II). Then, providing an account to balance attributes or add or withdraw is a ledger that can be performed on pen and paper, which is a mental process of observation and judgment (recordation). Then, providing an identifier for a target material is a mental process of a judgment such as naming something or giving something a serial number. Then, based on the identifier and attribute, selecting an attribution rule, is a further mental judgment. This is decision making step where one follows pre-set rules in order to arrive at some conclusion, something that people do mentally. Then, determining via a rule an account for attributing the attributes from an account is further mental process: rules or guidelines are being followed in order to move something from one ledger (account) to another ledger (account) in a certain way. One can do this mentally as it could be taught by accounting principles (subtract here, add there). Then assigning attributes from an input material to a target material identifier is a mental process step because it is matching information about an identifier to the input material, in other words, describing the material in a certain way (following rules). That the material identifier is a “virtual” identifier “uniquely linked” is a further mental process step as a virtual identifier could be taught by a number and that it is uniquely linked could be taught by only assigning one number to each different target material. In combination these steps amount to following rules for describing materials and following how materials are going through a production process. For these reasons, claims 17 and 28 recite an abstract idea that is a mental process.
Claim 29, while an independent claim, incorporates claim 17, which recite an abstract idea. Therefore claim 29 also recites the abstract idea with the additional abstract idea step of assigning or attributing an attribute to a material identifier, which is similar to the steps described in claim 17 of describing materials and “material identifiers” (the name of a material), a mental process of rule following, decision making, and judgment. Claim 30 is similar to claim 29 except that it is dependent on claim 28.
Claim 31 recites: A method to provide at least one discrete product identifier relating at least one discrete product in association to one or more environmental attribute(s) comprising using the one or more environmental attribute(s) assigned to the target material identifier as provided by the method of claim 17. This is an abstract idea as this is a process to provide an identifier based on information, which is a mental process as it is a decision making step, (observation – what is the rule; judgment – apply the rule).
Similarly, claim 32 is an independent claim but recites that the attributes are provided by the method of claim 29 and therefore recites the abstract idea of claim 29, which recites the abstract idea of claim 17.
Therefore, claims 29-32 recite an abstract idea because they recite the “method” or “apparatus” of claims 17 and 29, incorporating their limitations.
. This judicial exception is not integrated into a practical application. The claims recite apply it limitations of generic computing components or other ordinary machinery performing in its ordinary capacity. The independent claims recite the following:
Claim 17:
Computer-implemented method
Claim 28:
An apparatus for, the apparatus comprising
a balancing module configured to
an attribution module configured to
a target provider configured to
an outbound allocator configured to
Claim 29:
producing the at least one target material that is produced from one or more input material(s) entering the chemical production network
providing the at least one target material in association with the at least one environmental attribute.
Claim 30:
A apparatus for, the apparatus comprising
providing at least one target material associated with one or more environmental attribute(s) and produced by a chemical production network
a chemical production network configured to produce the at least one target material that is produced from one or more input material(s) entering the chemical production network
an assignor configured
a material provider configured to provide the at least one produced target material in association with the at least one environmental attribute.
Claim 32:
A method to produce at least one discrete product associated with one or more environmental attribute(s) comprising using the at least one target material associated with one or more environmental attribute(s)
Claims 17 and 28 recite generic computing components such as a computer-implemented method, an apparatus, and modules and other means plus function substitutes which as shown it the claim interpretation section refer to “accounts” which are ledgers which could be spreadsheets or other organized data which is used here in an apply it way (in its ordinary capacity). Claims 29, 30, and 32 further describe producing and providing the chemical, and this is done with incorporating the method of claim 17 or apparatus of claim 28. However, the production here only describe the functional outcome or result as there are no steps that limit how the production is performed in a physical sense. Especially considering that the abstract idea of claims 17 or 28 solely consists of accounting steps (using ledgers) and determining identifiers. There are no limitations as to how the production would physically occur and therefore these are apply it steps of production.
Alternatively, the production limitations in claims 29, 30, and 32 are a field of use, see MPEP 2106.05(h), Parker v Flook, because the production limitations here are similar to “a process comprising the catalytic chemical conversion of hydrocarbons.” Like Parker, these production steps limit the use of the abstract idea to the chemical industry. This is a token addition as the limitations merely state that inputs are provided and then an output is produced. Therefore, alternative from an apply it step, these steps are field of use limitations.
In combination, the additional elements are not a practical application because they are a combination of generic computing components which perform the abstract idea steps, and a field of use or apply it steps of producing a chemical. Taken together, they perform no more than their discrete contributions: the computer components (computer implemented method/ apparatus) and “accounts” (the structure provided by means-plus-function substitutes perform the mental process steps, and then there is a “token add on” of producing the chemicals with no limitations on how the chemicals are physically produced, only that they are produced. Therefore, the combination is not a practical application.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the reasoning from the practical application step is carried over and applied here. For the same reason that the combination of additional elements are not a practical application, they are not significantly more than the abstract idea.
Per claims 18-23 and 25-27, the steps further detail the abstract idea of claim 17. The limitations further define the abstract idea elements such as accounts, identifiers, and attributes.
Per claim 24, the steps further detail the abstract idea of claim 22, however it should be clarified that the broadest reasonable interpretation of claim 22, where attributes are “decoupled from a material flow through the chemical production network by attribution” are also a detail of the abstract idea as this further limits the information decision-making process of claim 22. Decoupling information from a production process, like material flow, is reasonably understood to be limited to the informational planning aspects of the production process. Therefore, like the other dependent claims, claim 24 further describes the abstract idea of claim 17.
Therefore, claims 17-32 are rejected under 35 USC 101.
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)(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) 17-26 and 28-32 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by Wollack et al., US PGPUB 20220237628 A1 (“Wollack”).
Per claims 17 and 28, which are similar in scope, Wollack teaches
Per claim 17, a computer implemented method in par 019: “Aspects of the present disclosure address this need in various manners, including a method of creating carbon credits by converting greenhouse gas emissions into useful compounds used in the manufacture of durable goods, associating a percentage of those carbon credits based on weight to the durable good and transferring title to the carbon credits associated with a durable good to the purchaser of the durable good. Still further there exists a need for an improved carbon trading system which makes it possible for individuals and smaller carbon emitters to participate in carbon credit trading.” See also par 040 which describes computer implemented method: “At some point in the fabrication process, fabricator 162 may send a packet such as third packet 150c to the blockchain 150 (e.g., via an API or other method that results in one or more blockchain nodes writing to the node's copy of a distributed ledger).”
Per claim 28, an apparatus for is taught in par 070: “FIG. 6 illustrates a general architecture of a computing environment 600 in which aspects of the present disclosure may be implemented, according to some embodiments. As depicted in FIG. 6, the computing environment 600 may include a computing system 604. The general architecture of the computing system 604 may include an arrangement of computer hardware and software components used to implement aspects of the present disclosure. The computing system 604 may include many more (or fewer) elements than those shown in FIG. 6. It is not necessary, however, that all of these generally conventional elements be shown in order to provide an enabling disclosure.”
Then, per claims 17 and 28, Wollack teaches A computer-implemented method for assigning or attributing one or more environmental attribute(s) associated with input material(s) to target material(s), wherein the target material(s) are produced by a chemical production network using at least one of the input material(s), wherein the chemical production network chemically converts input materials via chemical intermediates to target material(s) that exit the chemical production network, the method comprising in par 20: “During production of the materials, greenhouse gases such as methane and/or carbon dioxide are destroyed (or sequestered) through the conversion of methane to carbon dioxide, carbon dioxide to oxygen, and other processes. Various sensors and user input devices may monitor a production process and record production details such as the weight of material produced, the amount of greenhouse gas destroyed or sequestered, the amount of power used (e.g., electricity, fuel, or other resources consumed during production), the amount of water used in production, working conditions (e.g., the average wages and average working hours of workers involved in production of the carbon-sequestering raw materials), other production inputs, an expected rate of decay of the carbon-sequestering matter, and batch information (e.g., identification information).” Power, water are input materials. Target material is material produced.
See also par 023: “Receiving operations 100 may receive and store chemicals and reagents 102 and a carbon-containing gas such as, but not limited to, biogas 104, flue gas, natural gas, methane emissions from coal mines, carbon dioxide sequestered from air, air, landfill gas, etc. In at least some embodiments, biogas 104 may be methane or carbon dioxide collected from carbon emitters (e.g., methane from agricultural or municipal waste, carbon dioxide from energy facilities, carbon dioxide from direct air capture, methane from landfill emissions, etc.). If desired, the chemicals and reagents 102 may be processed into batched media 106. While the present application generally refers to the carbon-containing gas as “biogas,” the present disclosure is equally applicable to non-biologically-generated carbon-containing gases and any reference to biogas should be understood as alternatively referencing such non-biologically-generated carbon-containing gases. In at least some contexts herein, biogas may refer to any greenhouse gas regardless of source.”
See Fig 1A for a chemical production network.
See par 031 for intermediate materials: “Following production of a polymer (such as described in connection with FIG. 1A), a vendor, or other entity, may reprocess the polymer, optionally adding additional materials, to produce an intermediate product such as a thermoplastic resin. FIG. 1B is a schematic diagram showing illustrative processes that may occur at such a vendor.”
Then, Wollack teaches providing at least one account for balancing environmental attributes and at least one attribution rule for attributing environmental attributes to target material(s), wherein the environmental attributes are associated with input material(s), wherein the one or more environmental attribute(s) may be added or withdrawn from the at least one account in par 27: “Following weighing of the polymer, protein, or other reaction product, the producer may send first packet 150a to blockchain 150 (e.g., to a series of blockchain nodes maintaining a distributed blockchain ledger).” See also par 028: “The first packet 150a may include information such as the finished weight of polymer (or other product such as protein), the amount of carbon dioxide (or other greenhouse gas) destroyed or otherwise sequestered, the amount of power used, and batch identification.” The information in the first packet teaches amount of CO_2 sequestered which teaches an environmental attribute to a target material, associated with an input material (because the CO_2 is input and is then sequestered in the final material).
Per claims 43-44, the account which takes the packet inputs allow under a broadest reasonable interpretation the possibility (“may add”) that environmental attributes are added or withdrawn from at least one account: “In some embodiments, data from the blockchain 150 (such as data associated with the first, second, and third packets 150a, 150b, and 150c) for a particular product may be provided to a life-cycle analysis system 170, which may be operated by or associated with a life-cycle analysis service or auditor. For example, the blockchain 150 may store sufficient data in some embodiments that a life-cycle analysis auditing service may complete a life-cycle analysis for the product based on the verified data within the blockchain. The result of the life-cycle analysis 174 as generated by the life-cycle analysis system 170 may also be placed in the blockchain 150 and associated with the corresponding unique product identifier, such as including a certificate or other verified information reflecting the results of the lifecycle analysis.
The life-cycle analysis may be based on environmental impacts associated with the life of the product as determined from the information included in a plurality of ledger entries associated with the corresponding unique product identifier stored in the ledger(s). In an example embodiment, the inputs associated with a given product that are provided from the blockchain 150 to the life-cycle analysis system 170 may include but are not limited to one or more facility names, facility address, electricity purchased, steam purchased, natural gas used, light fuel oil used, heavy fuel oil used, propane used, water withdrawn, water discharged, net water use, the amount of air emissions by type (which may include the amount of each of various greenhouse gases, such as CO.sub.2, CO, CH.sub.4, N.sub.2O, HFCs, etc.), recycled wastes, wastes that are sold, non-hazardous wastes produced, hazardous wastes produced, and/or other data.”
See also par 045: “FIG. 2 is a flow diagram of an illustrative method 200 for tracking carbon credits on a per-unit basis for products made from polymers. The illustrative method 200 begins at block 202, where a producer creates a polymer (or other material) in a process that destroys or sequesters greenhouse gases. Since the production of the polymer process destroys or otherwise sequesters greenhouse gases (in an amount that exceeds the carbon emissions associated with production such as the electrical consumption), the production results in a net reduction of greenhouse gases in the atmosphere and can earn the producer carbon-credits.”
See also par 049: “In at least some embodiments, the blockchain entries recorded at block 208 are associated with (e.g., reference or are otherwise tied to) the blockchain entries recorded at block 204 such that the particular polymers used in creating a batch of resins is known and recorded. With arrangements of this type, it may be possible to track the carbon-credits (earned during production of the polymers) even after the polymers are re-formed or processed into other products such as resins.”
Wollack then teaches providing a target material identifier associated with a target material and at least one target environmental attribute in par 29: “In at least some embodiments, some or all of the equipment described in FIG. 1A may be automated and/or may include sensors that record information regarding the processing of biogas 104 and other reactants into finished polymer. 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. Additionally, sensors 111 may measure and record conditions within the pressure vessel 110 during processing (e.g., temperature, pressure, weight, etc.) and may measure and record electrical consumption.”
See also par 33: “In at least some embodiments, vendor 130 may send a materials packet such as second 150b. Second packet 150b may include any desired information including, but not limited to, the identity of the vendor (sometimes referred to as a fabricator), a unit count, an indication of the amount of polymer used, an indication of the amount of resins products, a production date, a ship date, a type of carbon-sequestering material or resin produced, and an amount of power consumed by the vendor during processing of the polymer. As discussed in connection with FIG. 1A, data in the packet 150b may be collected by various automated sensors to isolate the system from the potential of user manipulation.” A type of carbon-sequestering material or resin produced is a target material identifier because the type is associated with the target material. An amount of power consumed is a target environmental attribute.
Then Wollack teaches based on the target material identifier and the at least one target environmental attribute selecting the at least one attribution rule in par 037: “In other embodiments, carbon-sequestering materials other than polymers and resins may be created such as carbon-sequestering proteins. Additionally, final useful products, which may include anything that ends up in a final product, such as a leather good, cutlery, etc., may be created from carbon-sequestering proteins, carbon-sequestering polymers, carbon-sequestering resins, and/or other carbon-sequestering materials. In other embodiments, such embodiments may also be assigned with other environmental attributes, such as a quantifiable and product-specific credit associated for reductions in water, energy, and/or other environmentally impactful inputs or impacts.” The attribution rule is based on the target material identifier and the at least one target environmental attribute because it is a product-specific credit and is associated with the related reductions in water energy or other environmentally impactful inputs for that product.
Then Wollack teaches determining via the at least one attribution rule at least one account for attributing the one or more environmental attribute(s) from the at least one account to the target material identifier, and assigning or attributing the one or more environmental attribute(s) of the input materials from the at least one account for balancing the one or more environmental attribute(s) to the target material identifier in pars 043: “In some embodiments, data from the blockchain 150 (such as data associated with the first, second, and third packets 150a, 150b, and 150c) for a particular product may be provided to a life-cycle analysis system 170, which may be operated by or associated with a life-cycle analysis service or auditor. For example, the blockchain 150 may store sufficient data in some embodiments that a life-cycle analysis auditing service may complete a life-cycle analysis for the product based on the verified data within the blockchain. The result of the life-cycle analysis 174 as generated by the life-cycle analysis system 170 may also be placed in the blockchain 150 and associated with the corresponding unique product identifier, such as including a certificate or other verified information reflecting the results of the lifecycle analysis.
The life-cycle analysis may be based on environmental impacts associated with the life of the product as determined from the information included in a plurality of ledger entries associated with the corresponding unique product identifier stored in the ledger(s). In an example embodiment, the inputs associated with a given product that are provided from the blockchain 150 to the life-cycle analysis system 170 may include but are not limited to one or more facility names, facility address, electricity purchased, steam purchased, natural gas used, light fuel oil used, heavy fuel oil used, propane used, water withdrawn, water discharged, net water use, the amount of air emissions by type (which may include the amount of each of various greenhouse gases, such as CO.sub.2, CO, CH.sub.4, N.sub.2O, HFCs, etc.), recycled wastes, wastes that are sold, non-hazardous wastes produced, hazardous wastes produced, and/or other data.”
See also par 051: “In some embodiments, the carbon-credits associated with production of the polymer may be tracked and split (or even combined) such that amount of carbon-credit associated with a single unit can be determined.” As the carbon credits are tracked or combined they are assigned.
See further par 057 where based on entries a carbon credit can be provided to a third party. This teaches balanced as the product is tied to a plurality of raw materials and therefore a final amount or balance is determined. Par 057: “At block 310, a blockchain node may, in response to a third party request including a unique product identifier, provide an indication of a verified amount of carbon credit associated with the unique product identifier. As an example, the blockchain node may identify relevant entries (e.g., one or more of the entries stored in blocks 304 and 308) that tie the unique product identifier to a particular batch of raw materials, may determine, based on the relevant entries, the amount of carbon credit uniquely associated with the unique product identifier, and may provide a response to the third party with the amount of carbon credit uniquely associated with the unique product identifier.”
Then, Wollack teaches wherein the target material identifier is associated with the physical entity of the target material in par 053: “The packet received in block 302 may include information such as a finished weight of raw materials, an amount of carbon-dioxide (or other greenhouse gas) consumed (e.g., destroyed or otherwise sequestered), an amount of power used, an amount of greenhouse gases produced as a result of the production, and identification information such as information identifying a batch of raw materials or identifying the producer of the raw materials, as examples (though not each is required in every embodiment).” The batch or raw materials teaches the physical entity of the target material and it is the target material identifier as it identifies the batch of raw materials as taught here.
Wollack then teaches and wherein the target material identifier is a virtual identifier uniquely linked to the target material in par 055: “The packet received in block 306 may include information such as a plurality of unique product identifiers, a product type, a number of units of goods produced, and a production date, as examples.” Unique product identifier teaches virtual identifier uniquely linked to the material because it is 1) unique 2) virtual because it is a packet received in a block and is 3) linked to the target material because it is received detailing the fabrication of a plurality of goods.
Per claim 18, Wollack teaches the limitations of claim 17, above. Wollack further teaches wherein the account for balancing environmental attributes and/or the at least one attribution rule is associated with account metadata relating to at least one environmental attribute type, at least one chemical production network, at least one production chain of the chemical production network, at least one attribution scheme, at least one input material type, at least one target material type, or combinations thereof in par 076 where account metadata, which is data about data, is taught by run_id, carbon_credit_number, carbon_credit_approval_date: “The data portion of the JSON file for a finished polymer data packet may include, in one example instance, the following key/value pairs: “start_date”: 5/23/19 14:25:43-700; “end_date”: 5/25/19 14:25:42-700; “run_id”: “18058723A-E2”; “co2_lot_number”: “18054”; “co2_source”: “source92”; “co2_in”: 3452 cfm/kgs; “co2_out”: 2342 cfm/kgs; “manufacture_location”: “22.3292, −21.32”; “dry_weight”: 234 kg; “weight_measured_by”: “user921”; “dry_weight_date”: 5/25/19 14:25:42-700; “power_consumed”: 10.4 kW; “carbon_credit_number”: “180105-AA”; “carbon_credit_approval_date”: “105-AA”.”
Per claim 19, Wollack teaches the limitations of claim 17, above. Wollack further teaches wherein the at least one attribution rule includes instructions determining a validity date of the one or more environmental attribute(s) to be attributed to the target material in par 076 where end_date and carbon_credit_approval_date are taught, these teach validity date under a broadest reasonable interpretation in light of the specification because either date would indicate when carbon credits would, or could, be available: ““start_date”: 5/23/19 14:25:43-700; “end_date”: 5/25/19 14:25:42-700; “run_id”: “18058723A-E2”; “co2_lot_number”: “18054”; “co2_source”: “source92”; “co2_in”: 3452 cfm/kgs; “co2_out”: 2342 cfm/kgs; “manufacture_location”: “22.3292, −21.32”; “dry_weight”: 234 kg; “weight_measured_by”: “user921”; “dry_weight_date”: 5/25/19 14:25:42-700; “power_consumed”: 10.4 kW; “carbon_credit_number”: “180105-AA”; “carbon_credit_approval_date”: “105-AA.” Further these are instructions determining because this is a JSON which has key value pairs, in other words, a key (end_date) and a corresponding value (the date that satisfies) which teaches an instruction determining a date.
Per claim 20, Wollack teaches the limitations of claim 17, above. Wollack further teaches wherein the at least one attribution rule depends on a target material type and an environmental attribute type in par 043: in par 043: “In some embodiments, data from the blockchain 150 (such as data associated with the first, second, and third packets 150a, 150b, and 150c) for a particular product may be provided to a life-cycle analysis system 170, which may be operated by or associated with a life-cycle analysis service or auditor. For example, the blockchain 150 may store sufficient data in some embodiments that a life-cycle analysis auditing service may complete a life-cycle analysis for the product based on the verified data within the blockchain. The result of the life-cycle analysis 174 as generated by the life-cycle analysis system 170 may also be placed in the blockchain 150 and associated with the corresponding unique product identifier, such as including a certificate or other verified information reflecting the results of the lifecycle analysis.” The life cycle analysis is the attribution rule (attributing carbon credits for the lifecycle of a product, for example) and the attribution rule is based on the verified data which includes the target material type and an environmental attribute type.
Wollack then teaches wherein at least one account for assigning or attributing environmental attributes and environmental units to be transacted from the at least one account to the target material identifier are determined via the at least one attribution rule in par 049: “In at least some embodiments, the blockchain entries recorded at block 208 are associated with (e.g., reference or are otherwise tied to) the blockchain entries recorded at block 204 such that the particular polymers used in creating a batch of resins is known and recorded. With arrangements of this type, it may be possible to track the carbon-credits (earned during production of the polymers) even after the polymers are re-formed or processed into other products such as resins. Thus, an owner of the resins may be able to determine how many carbon credits were earned in production of the source-material (i.e., the polymers). In various embodiments, ownership of the carbon-credits may also be tracked with the blockchain ledger and recording entries at block 208 may involve transferring ownership of carbon-credits from the polymer-producer to the resin-producer (e.g., in an amount determined by the amount of polymer used by the resin-producer).” See also pars 050-052.
Per claim 21, Wollack teaches the limitations of claim 17, above. Wollack further teaches wherein the at least one attribution rule includes instructions to determine one or more account(s) accessible for at least one target material and/or one or more environmental units accessible for the at least one target material in par 051: “At block 212, information associated with the production of the products (produced in step 210) is recorded via at least one entry into the blockchain ledger. As examples, the blockchain entries recorded at block 212 may include any unique product identifiers, the type of product, the number of units of product produced, the production date, the ship date, etc. The blockchain entries may also be tied to (or otherwise associated with) the blockchain entries recorded at blocks 204 and 208. In particular, the blockchain entries may be tied together such that an entity may be able to use the unique product identifier for a given unit of product to identify the blockchain entry for that unit (or for the batch of units including that unit) and identify the corresponding entry (or entries) for the intermediate resin and the original polymer. In some embodiments, the carbon-credits associated with production of the polymer may be tracked and split (or even combined) such that amount of carbon-credit associated with a single unit can be determined.”
Per claim 22, Wollack teaches the limitations of claim 17, above. Wollack further teaches wherein the at least one attribution rule includes instructions to determine based on the at least one target material input material(s) used to produce the target material and one or more accessible environmental attributes associated with respective input material(s) in par 049: “In at least some embodiments, the blockchain entries recorded at block 208 are associated with (e.g., reference or are otherwise tied to) the blockchain entries recorded at block 204 such that the particular polymers used in creating a batch of resins is known and recorded.” See also pars 050-052; 043-049.
Per claim 23, Wollack teaches the limitations of claim 17, above. Wollack further teaches wherein the at least one attribution rule includes instructions determining the environmental attributes accessible for the at least one target material based on input material(s) used to produce the target material, a quantity of input material used to produce the target material, the environmental attributes associated with input material(s) used to produce the target material or combinations thereof in par 044: “In an example embodiment, the inputs associated with a given product that are provided from the blockchain 150 to the life-cycle analysis system 170 may include but are not limited to one or more facility names, facility address, electricity purchased, steam purchased, natural gas used, light fuel oil used, heavy fuel oil used, propane used, water withdrawn, water discharged, net water use, the amount of air emissions by type (which may include the amount of each of various greenhouse gases, such as CO.sub.2, CO, CH.sub.4, N.sub.2O, HFCs, etc.), recycled wastes, wastes that are sold, non-hazardous wastes produced, hazardous wastes produced, and/or other data.”
Per claim 24, Wollack teaches the limitations of claim 22, above. Wollack further teaches wherein input material(s) used to produce the target material include input material(s) associated with environmental attribute(s) in par 028: “The first packet 150a may include information such as the finished weight of polymer (or other product such as protein), the amount of carbon dioxide (or other greenhouse gas) destroyed or otherwise sequestered, the amount of power used, and batch identification. In at least some embodiments, the first packet 150a is cryptographically signed by the entity responsible for the production of the polymer (e.g., in order to certify the contents of the packet in the name of the producer). In some other embodiments, the first packet 150a is cryptographically signed, partly or fully, by various automated sensors that recorded information within the first packet 150a. " CO_2 is an input material associated with environmental attributes as it measures it being destroyed or otherwise sequestered.
and input material(s) not associated with environmental attribute(s) in par 024: “The producer may also circulate air through the reaction vessel such that oxygen in the air can be a reagent within the reaction vessel 110. The resulting reaction products may include proteins and/or thermoplastic polymers such as polyhydroxyalkanoates (PHAs), with carbon from the biogas 104 effectively sequestered within the polymers. In some embodiments, the polymer produced in the arrangement of FIG. 1A is, by weight, approximately 40% oxygen from air and approximately 60% carbon from biogas 104.” The oxygen in air is not associated with environmental attributes as it is only a reagent in the process.
wherein the environmental attribute(s) are decoupled from a material flow through the chemical production network by attribution to the at least one account for balancing the environmental attributes in par 033: “As discussed in connection with FIG. 1A, data in the packet 150b may be collected by various automated sensors to isolate the system from the potential of user manipulation. Additionally, data in the packet 150b may be cryptographically signed by a computing system of the vendor 130 and/or by various sensors collecting data within the packet.”
Per claim 25, Wollack teaches the limitations of claim 17, above. Wollack further teaches wherein the at least one account includes environmental attributes attributed to the at least one account on providing input material(s) associated with environmental attributes to an entry point of the chemical production network in par 028: “the amount of carbon dioxide (or other greenhouse gas) destroyed or otherwise sequestered, the amount of power used, and batch identification…. As examples, the scale 122 may cryptographically sign a data block containing the finished polymer weight, energy monitors may cryptographically sign data blocks indicating the amount of power consumed, and biogas sensors that monitor the consumption of biogas in the reaction vessel 110 may cryptographically sign data blocks indicating the amount of biogas consumed”
Per claim 26, Wollack teaches the limitations of claim 17, above. Wollack further teaches wherein the at least one attribution rule includes instructions to determine at least one combination of accounts and the respective environmental units to reach the at least one target environmental attribute in par 051: “. In some embodiments, the carbon-credits associated with production of the polymer may be tracked and split (or even combined) such that amount of carbon-credit associated with a single unit can be determined.”
Per claims 29 and 30, which are similar in scope, Wollack teaches A method for providing at least one target material associated with one or more environmental attribute(s) and produced by a chemical production network, the method comprising: producing the at least one target material that is produced from one or more input material(s) entering the chemical production network in pars 023-024: “Receiving operations 100 may receive and store chemicals and reagents 102 and a carbon-containing gas such as, but not limited to, biogas 104, flue gas, natural gas, methane emissions from coal mines, carbon dioxide sequestered from air, air, landfill gas, etc. In at least some embodiments, biogas 104 may be methane or carbon dioxide collected from carbon emitters (e.g., methane from agricultural or municipal waste, carbon dioxide from energy facilities, carbon dioxide from direct air capture, methane from landfill emissions, etc.). If desired, the chemicals and reagents 102 may be processed into batched media 106. While the present application generally refers to the carbon-containing gas as “biogas,” the present disclosure is equally applicable to non-biologically-generated carbon-containing gases and any reference to biogas should be understood as alternatively referencing such non-biologically-generated carbon-containing gases. In at least some contexts herein, biogas may refer to any greenhouse gas regardless of source.
The biogas 104 may be processed in a reaction vessel 110, along with some of batched media 106 and seed culture 108. The seed culture 108 may be a micro-organism or other catalyst that converts the biogas 104 into a useful product such as one or more proteins and/or a plastic polymer in a fermentation-like process. The producer may also circulate air through the reaction vessel such that oxygen in the air can be a reagent within the reaction vessel 110. The resulting reaction products may include proteins and/or thermoplastic polymers such as polyhydroxyalkanoates (PHAs), with carbon from the biogas 104 effectively sequestered within the polymers. In some embodiments, the polymer produced in the arrangement of FIG. 1A is, by weight, approximately 40% oxygen from air and approximately 60% carbon from biogas 104.”
Wollack then teaches assigning or attributing at least one environmental attribute associated with the one or more input material(s) to the at least one target material identifier(s) according to the method of claim 17 in par 027: “Following weighing of the polymer, protein, or other reaction product, the producer may send first packet 150a to blockchain 150 (e.g., to a series of blockchain nodes maintaining a distributed blockchain ledger).” Then see par 028 and teachings of claims 17 and 28 for assigning or attributing the environmental attribute.
Providing the at least one target material in association with the at least one environmental attribute in par 032: “As shown in FIG. 1B, vendor 130 may receive a materials order 132 or a resin order 146, requesting shipment of specified carbon-sequestering materials or resins. Upon receipt of an order, the vendor may combine polymers from polymer inventory 136, with optional materials from materials inventory 138, and with various chemicals 140 in accordance with a resin formula 142 or some other recipe. The combined materials may be passed through an extruder 144 to produce carbon-sequestering materials such as resins 148. The resin order 152 may then be fulfilled by shipping 154 the appropriate amount of resins to a customer.”
See also par 036: “Fabricator 162 may process the resins 148 into useful products. In at least some embodiments, the resins 148 may be thermoformed into useful products including, but not limited to, packaging films, golf tees, paper and board coatings, housings (e.g., for electronic items), hygiene articles, utensils, fibers, fabrics, blow molded, extruded, injection molded, foamed articles, and/or many others. In general, the resins 148 may have similar physical properties as fossil fuel-based thermoplastics and may therefore be used in forming most, if not all, products previously made of fossil fuel-based thermoplastics. After the fabricator 162 fabricates a plurality of unique products, the products may be sent to receiving 165 and eventually shipped by a shipping service 168 to a customer. In some embodiments, information regarding environmental impacts associated with the receiving 165 and shipment 168 processes (such as mileage tracking and/or fuel consumed in transportation) may be tracked and provided to the blockchain 150 for subsequent use in a life-cycle analysis performed by the life-cycle analysis system 170.”
Per claim 31, Wollack teaches A method to provide at least one discrete product identifier relating at least one discrete product in association to one or more environmental attribute(s) comprising using the one or more environmental attribute(s) assigned to the target material identifier in par 038: “Fabricator 162 may, if desired, apply unique product identifiers to each product produced from the carbon-sequestering resins or, alternatively, may include unique product identifiers in materials (e.g., manuals, inserts, etc.) included with each product or the packaging applied to each product. As examples, the fabricator 162 may print a unique barcode, QR code, or other code onto each product or onto something included with each product.”
Wollack then teaches as provided by the method of claim 17 see claim 17 above.
Per claim 32, Wollack teaches A method to produce at least one discrete product associated with one or more environmental attribute(s) comprising using the at least one target material associated with one or more environmental attribute(s) in par 038: “Fabricator 162 may, if desired, apply unique product identifiers to each product produced from the carbon-sequestering resins or, alternatively, may include unique product identifiers in materials (e.g., manuals, inserts, etc.) included with each product or the packaging applied to each product. As examples, the fabricator 162 may print a unique barcode, QR code, or other code onto each product or onto something included with each product.”
Wollack then teaches as provided by the method of claim 29 see claim 29, above.
Therefore, claims 17-26 and 28-32 are rejected under 35 USC 102.
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) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wollack et al., US PGPUB 20220237628 A1 (“Wollack”) in view of Lagge et al., US PGPUB 20200334751 A1 (“Lagge”).
Per claim 27, Wollack teaches the limitations of claim 17, above. Wollack does not teach wherein the at least one attribution rule includes instructions to determine a combination of accounts with compatible attribution schemes.
Lagge teaches providing renewable capacity credits for an energy source. See abstract.
Lagge teaches wherein the at least one attribution rule includes instructions to determine a combination of accounts with compatible attribution schemes in par 041: “At step 206, the particular product, facility, service, or process is matched with the appropriate number of ARCCs to power the product, facility, service, or process for a period of time (e.g. the device's lifetime), and those ARCCs are generated (e.g., tokenized) into the market, for example using block-chain technology. As described above, for example, block-chain technology may be used to verify to a user that each ARCC is traceable to a watt of additional renewable energy capacity and that the energy reduced is traceable to greenhouse gases. At step 208, the number of matched ARCCs can be represented as an amount of CO.sub.2 reduction. For example, each kilowatt hour produced by a fossil fuel plant in the United States is approximately 0.4759 kg of CO.sub.2. This amount will increase or decrease based on various operating factors, but for sake of example, the number of kilowatt hours per year can be converted into kilograms of CO.sub.2 reduction by multiplying the number of kilowatt hours per year by 0.4759.”
See also par 069: “Operation 406 provides an option for a blockchain audit. This operation may be tied to Integrity of Purchase—providing the ability to trace the origin of individual or bundled ARCCs to their source/initial purchase/provision date, time, etc. The operation may, for example, be used in connection with the certification/validity of ARCC purchases.”
Bundling ARCCs and teaching “each ARCC is traceable” teaches a combination of accounts that are compatible because each account is a credit that is on a blockchain and they are owned by different entities and are combinable.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the target and environmental attribute teaching of Wollack with the combination teaching of Lagge because Lagge teaches I par 017 that: “For instance, users 80 and companies 50, 90 alike may utilize the ARCC marketplace to acquire and assign ARCCs 20 to electronic devices, facilities, process, and consumer goods, in the marketplace. An ARCC 20 is created when a renewable energy provider 60 installs, certifies and operates a renewable generation asset that is converted into ARCCs 20. Each watt of capacity becomes an ARCC 20 and each ARCC 20 will become a token\security\credit in the marketplace. The ARCC 20 may, for example, be a contract right, having the form and appearance of a renewable portfolio standard or carbon credit.” Lagge’s teaching would motivate one ordinarily skilled to combine with Wollack so that the credits are applicable to many different areas, not only to production processes like Wollack. This would enable further flexibility in making use of carbon credits. For these reasons one would be motivated to modify Lagge with Wollack.
Therefore claim 27 is rejected under 35 USC 103.
Prior Art Considered Relevant
The following prior art is considered relevant to Applicant’s disclosure but is not relied on in the above rejection:
Papageorgiou et al., US PGPUB 20200184401 A1, teaches in pars 031-038 creating a “breakeven production process” using raw materials and a production process.
TraceX, “Reduce Carbon Footprints through Data Management with Blockchain,” [online] published on December 9, 2021, available at: < https://tracextech.com/blockchain-helping-companies-reduce-carbon-footprints-with-data-management/ >
Teaches on pages 11-12 that carbon data can be accounted for and therefore ensure compliance with regulatory requirements to hit emissions targets and track emissions.
Conclusion
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/RICHARD W. CRANDALL/ Primary Examiner, Art Unit 3619