DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-14 are currently pending. Claims 12-14 have been withdrawn in response to the restriction requirement. Claims 1-11 have been examined in this application. This communication is the first action on the merits.
Election/Restrictions
Claims 12-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 18, 2025.
Claim Interpretation Note
Claim 11 recites:
enabling a purchase offer receiver
in a case where the second sales offer is received, to receive only a second purchase offer from another user among a first purchase offer for offering to purchase the set of the ownership and the resale right of the item from the first user and the second purchase offer for offering to purchase only the ownership of the item from the first user, and
in a case where the first sales offer is received, to receive the first purchase offer or the second purchase offer from another user according to a choice of the another user; and
a step of causing an information manager
to register first information indicating that a second user has the ownership and the resale right of the item in a user information database in a case where the first purchase offer is received from the second user, and
to register second information indicating that the second user has the ownership of the item but does not have the resale right in the user information database in a case where the second purchase offer is received from the second user,
wherein the sales offer receiver
is capable of receiving a third sales offer for offering to sell the set of the ownership and the resale right of the item to another user and a fourth sales offer for offering to sell only the ownership of the item to another user from the second user in a case where the first information is registered, and
is incapable of receiving the third sales offer and the fourth sales offer from the second user in a case where the second information is registered.
However, these “in a case” limitations are merely conditional and not necessarily performed. Given the conditional nature of the claim language noted above, such language has been afforded appropriate patentable weight during examination.
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 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA , the applicant, regards as the invention.
Claim 1, and similarly claims 10 and 11, recites “capable of receiving the first purchase offer or the second purchase offer from another user according to a choice of the another user [emphasis added]” but then further recites “where the first purchase offer is received from the second user [emphasis added]” and “receiving a third sales offer for offering to sell the set of the ownership and the resale right of the item to another user and a fourth sales offer for offering to sell only the ownership of the item to another user from the second user [emphasis added].” As recited, it is unclear whether the “another user” and the “second user” are the same or different users. Particularly, at times the “another user” and the “second user” are used interchangeably and at other times they are differentiated. Consequently, one of ordinary skill in the art cannot determine how to avoid infringement of these claims because the metes and bounds of these claims are unclear.
Claims 2-9 depend from claim 1 and thus inherit the deficiencies of claim 1.
Claim 9 recites “wherein an available area in the VR space of the item to be lent is set in the lending offer [emphasis added].” As recited, this limitation is unclear as items do not have VR spaces, environments do. Consequently, one of ordinary skill in the art cannot determine how to avoid infringement of these claims because the metes and bounds of these claims are unclear. For examination purposes, the Examiner has interpreted this claim as merely the item to be lent is set in the lending offer.
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 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1. When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter.
Step 2A – Prong One. If the claims fall within one of the statutory categories, it must then be determined whether the claims recite an abstract idea, law of nature, or natural phenomenon.
Step 2A – Prong Two. If the claims recite an abstract idea, law of nature, or natural phenomenon, it must then be determined whether the claims recite additional elements that integrate the judicial exception into a practical application. If the claims do not recite additional elements that integrate the judicial exception into a practical application, then the claims are directed to a judicial exception.
Step 2B. If the claims are directed to a judicial exception, it must be evaluated whether the claims recite additional elements that amount to an inventive concept (i.e. “significantly more”) than the recited judicial exception.
In the instant case, claims 1-9 are directed to a machine; claim 10 is directed to a manufacture; claim 11 is directed to a process.
A claim “recites” an abstract idea if there are identifiable limitations that fall within at least one of the groupings of abstract ideas enumerated in MPEP 2106. In the instant case, claim 1, and similarly claims 10 and 11, recites the steps of: a sales offer receiver capable of receiving, from a first user having ownership and a sale right of the item, a first sales offer for offering to sell a set of the ownership and a resale right of the item to another user, and a second sales offer for offering to sell only the ownership of the item to another user; a purchase offer receiver in a case where the second sales offer is received, capable of receiving only a second purchase offer from another user among a first purchase offer for offering to purchase the set of the ownership and the resale right of the item from the first user and the second purchase offer for offering to purchase only the ownership of the item from the first user, and in a case where the first sales offer is received, capable of receiving the first purchase offer or the second purchase offer from another user according to a choice of the another user; and an information manager that registers first information indicating that a second user has the ownership and the resale right of the item in a user information database in a case where the first purchase offer is received from the second user, and registers second information indicating that the second user has the ownership of the item but does not have the resale right in the user information in a case where the second purchase offer is received from the second user, wherein the sales offer receiver is capable of receiving a third sales offer for offering to sell the set of the ownership and the resale right of the item to another user and a fourth sales offer for offering to sell only the ownership of the item to another user from the second user in a case where the first information is registered, and is incapable of receiving the third sales offer and the fourth sales offer from the second user in a case where the second information is registered -- these claim limitations set forth certain methods of organizing human activity, particularly, agreements in the form of contracts and commercial interactions including advertising, marketing, and sales activities/behaviors.
Further, the limitations of the claims are not indicative of integration into a practical application. Taking the independent claim elements separately, the additional elements of performing the steps via a database merely implement the abstract idea on a computer environment. Additionally, taking the dependent claim elements separately, the additional elements of performing the steps via VR also merely implement the abstract idea on a computer environment. Considered in combination, the steps of Applicant’s method add nothing that is not already present when the steps are considered separately.
Thus, claims 1-11 are directed to an abstract idea.
Regarding the independent claims, the technical elements of performing the steps via a database merely implement the abstract idea on a computer environment. Additionally, regarding the dependent claims, the technical elements of performing the steps via VR is recited at a high level of generality and thus does not amount to significantly more.
When considering the elements and combinations of elements, the claim(s) as a whole, do not amount to significantly more than the abstract idea itself. This is because the claims do not amount to an improvement to another technology or technical field; the claims do not amount to an improvement to the functioning of a computer itself; the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment; the claims merely amounts to the application or instructions to apply the abstract idea on a computer; or the claims amounts to nothing more than requiring a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry.
The analysis above applies to all statutory categories of invention. Accordingly, claims 1-11 are rejected as ineligible for patenting under 35 USC 101 based upon the same rationale.
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 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)(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.
Claims 1, 3, and 7-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sundaresan (US PGP 2015/0356531).
As per claim 1, Sundaresan teaches [a]n item distribution control device that controls distribution of an item usable in a VR space, the item distribution control device comprising:
a sales offer receiver capable of receiving, from a first user having ownership and a sale right of the item, (Sundaresan: [0030] (In another example, a second user may request to sell or gift the digital good that, in this example, may be owned by the second user. The transfer module 250 may facilitate the transfer of the digital good from the second user to the first user.);
a first sales offer for offering to sell a set of the ownership and a resale right of the item to another user, and (Sundaresan: [0030] (In another example, a second user may request to sell or gift the digital good that, in this example, may be owned by the second user.); Fig. 7; [0064] (User interface element 740 may be a button that, upon activation, may provide the user with the option to sell the digital good, for example, on a secondary marketplace provided by the secondary marketplace system 123.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher . . .); [0063]; [0034]-[0036](ownership restriction may be a transfer restriction . . . allow for the transfer of the digital good))
a second sales offer for offering to sell only the ownership of the item to another user; (Sundaresan: [0030] (In another example, a second user may request to sell or gift the digital good that, in this example, may be owned by the second user.); Fig. 7; [0064] (User interface element 740 may be a button that, upon activation, may provide the user with the option to sell the digital good, for example, on a secondary marketplace provided by the secondary marketplace system 123.); [0063] (At operation 630, the transfer module 250 may present the price floor and/or available inventory for the digital good to the first user. . . . A particular consumer, such as the first user, may then decide whether to purchase a particular digital good with many ownership restrictions (e.g., from the secondary market) at a lower price or few ownership restrictions (e.g., from the primary market) at a higher price.); [0029] (The ownership module 230 may determine ownership criteria associated with the ownership restrictions. Various actions and authorizations may be performed based, at least in part, on the determined ownership criteria. For example, the ownership restrictions may include a transfer limitation restriction that may prevent the transfer of the digital good after a predefined number of transfers (e.g., one-time transfer); [0034]-[0036] (In this way, the digital good that may be subject to the transfer restriction may be transferred a limited number of times and thereafter prevented from being transferred.); [0038]-[0039] (Many other varieties of ownership restrictions may be implemented to restrict and/or limit ownership and/or prevent user actions associated with the digital good.); Examiner notes that if the original owner has only one transfer, the next owner will have ownership but be prevented from transfer.)
a purchase offer receiver
in a case where the second sales offer is received, capable of receiving only a second purchase offer from another user among (Sundaresan: [0030] (In another example, a second user may request to sell or gift the digital good that, in this example, may be owned by the second user.); Fig. 7; [0064] (User interface element 740 may be a button that, upon activation, may provide the user with the option to sell the digital good, for example, on a secondary marketplace provided by the secondary marketplace system 123.); [0029] (The ownership module 230 may determine ownership criteria associated with the ownership restrictions. Various actions and authorizations may be performed based, at least in part, on the determined ownership criteria. For example, the ownership restrictions may include a transfer limitation restriction that may prevent the transfer of the digital good after a predefined number of transfers (e.g., one-time transfer); [0034]-[0036] (In this way, the digital good that may be subject to the transfer restriction may be transferred a limited number of times and thereafter prevented from being transferred.); [0038]-[0039] (Many other varieties of ownership restrictions may be implemented to restrict and/or limit ownership and/or prevent user actions associated with the digital good.); Examiner notes that if the original owner has only one transfer, the next owner will have ownership but be prevented from transfer.); [0033])
a first purchase offer for offering to purchase the set of the ownership and the resale right of the item from the first user and (Sundaresan: [0063] (At operation 630, the transfer module 250 may present the price floor and/or available inventory for the digital good to the first user. . . . A particular consumer, such as the first user, may then decide whether to purchase a particular digital good with many ownership restrictions (e.g., from the secondary market) at a lower price or few ownership restrictions (e.g., from the primary market) at a higher price.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher . . .); [0034]-[0036](ownership restriction may be a transfer restriction . . . allow for the transfer of the digital good))
the second purchase offer for offering to purchase only the ownership of the item from the first user, and (Sundaresan: [0063] (At operation 630, the transfer module 250 may present the price floor and/or available inventory for the digital good to the first user. . . . A particular consumer, such as the first user, may then decide whether to purchase a particular digital good with many ownership restrictions (e.g., from the secondary market) at a lower price or few ownership restrictions (e.g., from the primary market) at a higher price.); [0029] (The ownership module 230 may determine ownership criteria associated with the ownership restrictions. Various actions and authorizations may be performed based, at least in part, on the determined ownership criteria. For example, the ownership restrictions may include a transfer limitation restriction that may prevent the transfer of the digital good after a predefined number of transfers (e.g., one-time transfer); [0034]-[0036] (In this way, the digital good that may be subject to the transfer restriction may be transferred a limited number of times and thereafter prevented from being transferred.); [0038]-[0039] (Many other varieties of ownership restrictions may be implemented to restrict and/or limit ownership and/or prevent user actions associated with the digital good.); Examiner notes that if the original owner has only one transfer, the next owner will have ownership but be prevented from transfer.))
in a case where the first sales offer is received, capable of receiving the first purchase offer or the second purchase offer from another user according to a choice of the another user; and (Sundaresan: [0063] (At operation 630, the transfer module 250 may present the price floor and/or available inventory for the digital good to the first user. . . . A particular consumer, such as the first user, may then decide whether to purchase a particular digital good with many ownership restrictions (e.g., from the secondary market) at a lower price or few ownership restrictions (e.g., from the primary market) at a higher price.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher than the price of a digital good that implements more ownership restrictions.); [0034]-[0036]( The ownership restriction may be one of many different types of ownership restrictions. In an example embodiment, the ownership restriction may be a transfer restriction that limits the number of transfers of the digital good. For instance, the transfer restriction may limit the number of transfers of the digital good to a designated number of transfers.); [0029] (The ownership module 230 may determine ownership criteria associated with the ownership restrictions. Various actions and authorizations may be performed based, at least in part, on the determined ownership criteria. For example, the ownership restrictions may include a transfer limitation restriction that may prevent the transfer of the digital good after a predefined number of transfers (e.g., one-time transfer); [0034]-[0036] (In this way, the digital good that may be subject to the transfer restriction may be transferred a limited number of times and thereafter prevented from being transferred.); [0038]-[0039] (Many other varieties of ownership restrictions may be implemented to restrict and/or limit ownership and/or prevent user actions associated with the digital good.))
an information manager that
registers first information indicating that a second user has the ownership and the resale right of the item in a user information database in a case where the first purchase offer is received from the second user, and (Sundaresan: [0033] (In various example embodiments, the digital good may be subject to an ownership restriction, and/or multiple ownership restrictions, stored in association with the digital good. The ownership restriction may be information stored, for example, in the digital good (e.g., embedded in the digital good), locally on a device (e.g., client device(s) 110), in a separate file, in a database, in an application server (e.g., online marketplace system 120), in a third party server, or elsewhere. In an example embodiment, the ownership module 230 may manage and implement the ownership restriction for the digital good.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher . . .); [0034]-[0036] In an example embodiment, the ownership restriction may be a transfer restriction that limits the number of transfers of the digital good. . . . In various example embodiments, the ownership module 230 may update the ownership restriction, stored in association with the digital good, for each transfer of the digital good))
registers second information indicating that the second user has the ownership of the item but does not have the resale right in the user information database in a case where the second purchase offer is received from the second user, (Sundaresan: [0033] (In various example embodiments, the digital good may be subject to an ownership restriction, and/or multiple ownership restrictions, stored in association with the digital good. The ownership restriction may be information stored, for example, in the digital good (e.g., embedded in the digital good), locally on a device (e.g., client device(s) 110), in a separate file, in a database, in an application server (e.g., online marketplace system 120), in a third party server, or elsewhere. In an example embodiment, the ownership module 230 may manage and implement the ownership restriction for the digital good.); [0029] (The ownership module 230 may determine ownership criteria associated with the ownership restrictions. Various actions and authorizations may be performed based, at least in part, on the determined ownership criteria. For example, the ownership restrictions may include a transfer limitation restriction that may prevent the transfer of the digital good after a predefined number of transfers (e.g., one-time transfer); [0034]-[0036] (In various example embodiments, the ownership module 230 may update the ownership restriction, stored in association with the digital good, for each transfer of the digital good. In this way, the digital good that may be subject to the transfer restriction may be transferred a limited number of times and thereafter prevented from being transferred.); [0038]-[0039] (Many other varieties of ownership restrictions may be implemented to restrict and/or limit ownership and/or prevent user actions associated with the digital good.); Examiner notes that if the original owner has only one transfer, the next owner will have ownership but be prevented from transfer.))
wherein the sales offer receiver
is capable of receiving a third sales offer for offering to sell the set of the ownership and the resale right of the item to another user and a fourth sales offer for offering to sell only the ownership of the item to another user from the second user in a case where the first information is registered, and (Sundaresan: [0030] (In another example, a second user may request to sell or gift the digital good that, in this example, may be owned by the second user. The transfer module 250 may facilitate the transfer of the digital good from the second user to the first user.); Fig. 7; [0064] (User interface element 740 may be a button that, upon activation, may provide the user with the option to sell the digital good, for example, on a secondary marketplace provided by the secondary marketplace system 123.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher than the price of a digital good that implements more ownership restrictions.); [0063] (At operation 630, the transfer module 250 may present the price floor and/or available inventory for the digital good to the first user. . . . A particular consumer, such as the first user, may then decide whether to purchase a particular digital good with many ownership restrictions (e.g., from the secondary market) at a lower price or few ownership restrictions (e.g., from the primary market) at a higher price.); [0045]; [0034]-[0036]; [0059] (When there are no more criteria to evaluate at the operation 510, then at operation 540, the ownership module 230 may allow the transfer of the digital good and the authorization of access to the digital good. For instance, if the ownership criteria are satisfied at operation 510, then the digital good may be transferred at the operation 340 and authorizing access to the digital good may be performed at the operation 330.))
is incapable of receiving the third sales offer and the fourth sales offer from the second user in a case where the second information is registered. (Sundaresan: [0030] (In another example, a second user may request to sell or gift the digital good that, in this example, may be owned by the second user. The transfer module 250 may facilitate the transfer of the digital good from the second user to the first user.); Fig. 7; [0064] (User interface element 740 may be a button that, upon activation, may provide the user with the option to sell the digital good, for example, on a secondary marketplace provided by the secondary marketplace system 123.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher than the price of a digital good that implements more ownership restrictions.); [0045]; [0029] (The ownership module 230 may determine ownership criteria associated with the ownership restrictions. Various actions and authorizations may be performed based, at least in part, on the determined ownership criteria. For example, the ownership restrictions may include a transfer limitation restriction that may prevent the transfer of the digital good after a predefined number of transfers (e.g., one-time transfer). The ownership criteria may include a criterion based on a count of the transfers of the digital good. In this instance, the ownership criteria may indicate that the digital good has exceeded the predefined number of transfers.); [0034]-[0036] (In this way, the digital good that may be subject to the transfer restriction may be transferred a limited number of times and thereafter prevented from being transferred.); [0038]-[0039] (Many other varieties of ownership restrictions may be implemented to restrict and/or limit ownership and/or prevent user actions associated with the digital good.); [0056]-[0057] (The evaluation of the ownership criteria may be used to perform or prevent actions associated with the digital good. In an example embodiment, at operation 520, the ownership module 230 may not allow the transfer of the digital good and/or the authorizing of access to the digital good if, for example, the ownership criterion is not satisfied at the operation 510. For instance, if the ownership criteria include a particular ownership criterion that has not been satisfied, then actions associated with the digital good may be prevented.))
As per claim 3, Sundaresan teaches wherein the purchase offer receiver is
in a case where the fourth sales offer is received, capable of receiving only a fourth purchase offer from another user among (Sundaresan: [0030] (In another example, a second user may request to sell or gift the digital good that, in this example, may be owned by the second user.); Fig. 7; [0064] (User interface element 740 may be a button that, upon activation, may provide the user with the option to sell the digital good, for example, on a secondary marketplace provided by the secondary marketplace system 123.); [0029] (The ownership module 230 may determine ownership criteria associated with the ownership restrictions. Various actions and authorizations may be performed based, at least in part, on the determined ownership criteria. For example, the ownership restrictions may include a transfer limitation restriction that may prevent the transfer of the digital good after a predefined number of transfers (e.g., one-time transfer); [0034]-[0036] (In this way, the digital good that may be subject to the transfer restriction may be transferred a limited number of times and thereafter prevented from being transferred.); [0038]-[0039] (Many other varieties of ownership restrictions may be implemented to restrict and/or limit ownership and/or prevent user actions associated with the digital good.); Examiner notes that if the original owner has only one transfer, the next owner will have ownership but be prevented from transfer.); [0033];
a third purchase offer for offering to purchase the set of the ownership and the resale right of the item from the second user and (Sundaresan: [0063] (At operation 630, the transfer module 250 may present the price floor and/or available inventory for the digital good to the first user. . . . A particular consumer, such as the first user, may then decide whether to purchase a particular digital good with many ownership restrictions (e.g., from the secondary market) at a lower price or few ownership restrictions (e.g., from the primary market) at a higher price.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher . . .); [0034]-[0036](ownership restriction may be a transfer restriction . . . allow for the transfer of the digital good))
the fourth purchase offer for offering to purchase only the ownership of the item from the second user, and (Sundaresan: [0063] (At operation 630, the transfer module 250 may present the price floor and/or available inventory for the digital good to the first user. . . . A particular consumer, such as the first user, may then decide whether to purchase a particular digital good with many ownership restrictions (e.g., from the secondary market) at a lower price or few ownership restrictions (e.g., from the primary market) at a higher price.); [0029] (The ownership module 230 may determine ownership criteria associated with the ownership restrictions. Various actions and authorizations may be performed based, at least in part, on the determined ownership criteria. For example, the ownership restrictions may include a transfer limitation restriction that may prevent the transfer of the digital good after a predefined number of transfers (e.g., one-time transfer); [0034]-[0036] (In this way, the digital good that may be subject to the transfer restriction may be transferred a limited number of times and thereafter prevented from being transferred.); [0038]-[0039] (Many other varieties of ownership restrictions may be implemented to restrict and/or limit ownership and/or prevent user actions associated with the digital good.); Examiner notes that if the original owner has only one transfer, the next owner will have ownership but be prevented from transfer.))
in a case where the third sales offer is received, capable of receiving the third purchase offer or the fourth purchase offer from another user according to a choice of the another user, and (Sundaresan: [0063] (At operation 630, the transfer module 250 may present the price floor and/or available inventory for the digital good to the first user. . . . A particular consumer, such as the first user, may then decide whether to purchase a particular digital good with many ownership restrictions (e.g., from the secondary market) at a lower price or few ownership restrictions (e.g., from the primary market) at a higher price.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher than the price of a digital good that implements more ownership restrictions.); [0034]-[0036]( The ownership restriction may be one of many different types of ownership restrictions. In an example embodiment, the ownership restriction may be a transfer restriction that limits the number of transfers of the digital good. For instance, the transfer restriction may limit the number of transfers of the digital good to a designated number of transfers.); [0029] (The ownership module 230 may determine ownership criteria associated with the ownership restrictions. Various actions and authorizations may be performed based, at least in part, on the determined ownership criteria. For example, the ownership restrictions may include a transfer limitation restriction that may prevent the transfer of the digital good after a predefined number of transfers (e.g., one-time transfer); [0034]-[0036] (In this way, the digital good that may be subject to the transfer restriction may be transferred a limited number of times and thereafter prevented from being transferred.); [0038]-[0039] (Many other varieties of ownership restrictions may be implemented to restrict and/or limit ownership and/or prevent user actions associated with the digital good.))
the information manager
registers third information indicating that a third user has the ownership and the resale right of the item in the user information database in a case where the third purchase offer is received from the third user, and (Sundaresan: [0033] (In various example embodiments, the digital good may be subject to an ownership restriction, and/or multiple ownership restrictions, stored in association with the digital good. The ownership restriction may be information stored, for example, in the digital good (e.g., embedded in the digital good), locally on a device (e.g., client device(s) 110), in a separate file, in a database, in an application server (e.g., online marketplace system 120), in a third party server, or elsewhere. In an example embodiment, the ownership module 230 may manage and implement the ownership restriction for the digital good.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher . . .); [0034]-[0036] In an example embodiment, the ownership restriction may be a transfer restriction that limits the number of transfers of the digital good. . . . In various example embodiments, the ownership module 230 may update the ownership restriction, stored in association with the digital good, for each transfer of the digital good))
registers fourth information indicating that the third user has the ownership of the item but does not have the resale right in the user information database in a case where the fourth purchase offer is received from the third user. (Sundaresan: [0033] (In various example embodiments, the digital good may be subject to an ownership restriction, and/or multiple ownership restrictions, stored in association with the digital good. The ownership restriction may be information stored, for example, in the digital good (e.g., embedded in the digital good), locally on a device (e.g., client device(s) 110), in a separate file, in a database, in an application server (e.g., online marketplace system 120), in a third party server, or elsewhere. In an example embodiment, the ownership module 230 may manage and implement the ownership restriction for the digital good.); [0029] (The ownership module 230 may determine ownership criteria associated with the ownership restrictions. Various actions and authorizations may be performed based, at least in part, on the determined ownership criteria. For example, the ownership restrictions may include a transfer limitation restriction that may prevent the transfer of the digital good after a predefined number of transfers (e.g., one-time transfer); [0034]-[0036] (In various example embodiments, the ownership module 230 may update the ownership restriction, stored in association with the digital good, for each transfer of the digital good. In this way, the digital good that may be subject to the transfer restriction may be transferred a limited number of times and thereafter prevented from being transferred.); [0038]-[0039] (Many other varieties of ownership restrictions may be implemented to restrict and/or limit ownership and/or prevent user actions associated with the digital good.); Examiner notes that if the original owner has only one transfer, the next owner will have ownership but be prevented from transfer.))
As per claim 7, Sundaresan teaches further comprising:
a lending offer receiver capable of receiving, from the first user, a lending offer for offering to lend the item to another user; and (Sundaresan: [0030] (In another example, a second user may request to sell or gift the digital good that, in this example, may be owned by the second user.); Fig. 7; [0064] (User interface element 740 may be a button that, upon activation, may provide the user with the option to sell the digital good, for example, on a secondary marketplace provided by the secondary marketplace system 123.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher . . .); [0063]; [0034]-[0036](In further example embodiments, the ownership restriction may be a temporal restriction. . . . In another example embodiment, the temporal restriction may be such that the digital good may expire and no longer be accessible to some entities after expiration. For example, the temporal restriction may allow for the digital good to be accessible for a five-year period that begins on the date the digital good was first transferred. The ownership module 230 may determine the starting time and duration of the temporal restriction using a variety of schemes. For instance, the ownership module 230 may determine the start time for the temporal restriction to be the time of transfer of the digital good or dynamically determined.); see also Block [0130]-[0137] (disclosing temporary transfers))
a borrowing offer receiver capable of receiving, from another user, a borrowing offer for offering to borrow the item from the first user, (Sundaresan: [0063] (At operation 630, the transfer module 250 may present the price floor and/or available inventory for the digital good to the first user. . . . A particular consumer, such as the first user, may then decide whether to purchase a particular digital good with many ownership restrictions (e.g., from the secondary market) at a lower price or few ownership restrictions (e.g., from the primary market) at a higher price.); [0060]; [0034]-[0036] (In further example embodiments, the ownership restriction may be a temporal restriction. . . . In another example embodiment, the temporal restriction may be such that the digital good may expire and no longer be accessible to some entities after expiration. For example, the temporal restriction may allow for the digital good to be accessible for a five-year period that begins on the date the digital good was first transferred. The ownership module 230 may determine the starting time and duration of the temporal restriction using a variety of schemes. For instance, the ownership module 230 may determine the start time for the temporal restriction to be the time of transfer of the digital good or dynamically determined.); see also Block [0130]-[0137] (disclosing temporary transfers))
wherein the information manager registers fifth information indicating that a fourth user has temporary ownership of the item in the user information database in a case where the borrowing offer is received from the fourth user in response to the lending offer. (Sundaresan: [0033] (In various example embodiments, the digital good may be subject to an ownership restriction, and/or multiple ownership restrictions, stored in association with the digital good. The ownership restriction may be information stored, for example, in the digital good (e.g., embedded in the digital good), locally on a device (e.g., client device(s) 110), in a separate file, in a database, in an application server (e.g., online marketplace system 120), in a third party server, or elsewhere. In an example embodiment, the ownership module 230 may manage and implement the ownership restriction for the digital good.); [0034]-[0036] In various example embodiments, the ownership module 230 may update the ownership restriction, stored in association with the digital good, for each transfer of the digital good. . . . In further example embodiments, the ownership restriction may be a temporal restriction. . . . In another example embodiment, the temporal restriction may be such that the digital good may expire and no longer be accessible to some entities after expiration. For example, the temporal restriction may allow for the digital good to be accessible for a five-year period that begins on the date the digital good was first transferred. The ownership module 230 may determine the starting time and duration of the temporal restriction using a variety of schemes. For instance, the ownership module 230 may determine the start time for the temporal restriction to be the time of transfer of the digital good or dynamically determined.); see also Block [0130]-[0137] (disclosing temporary transfers))
As per claim 8, Sundaresan teaches a lending time for lending the item to another user is set in the lending offer, and (Sundaresan: [0030]; [0060]; [0063]; [0034]-[0036](In further example embodiments, the ownership restriction may be a temporal restriction. . . . In another example embodiment, the temporal restriction may be such that the digital good may expire and no longer be accessible to some entities after expiration. For example, the temporal restriction may allow for the digital good to be accessible for a five-year period that begins on the date the digital good was first transferred. The ownership module 230 may determine the starting time and duration of the temporal restriction using a variety of schemes. For instance, the ownership module 230 may determine the start time for the temporal restriction to be the time of transfer of the digital good or dynamically determined.); see also Block [0130]-[0137] (disclosing temporary transfer of two days))
the information manager registers sixth information indicating that the fourth user does not have primary ownership of the item in the user information database when a period of time according to the lending time elapses from the registration of the fifth information. (Sundaresan: [0033] (In various example embodiments, the digital good may be subject to an ownership restriction, and/or multiple ownership restrictions, stored in association with the digital good. The ownership restriction may be information stored, for example, in the digital good (e.g., embedded in the digital good), locally on a device (e.g., client device(s) 110), in a separate file, in a database, in an application server (e.g., online marketplace system 120), in a third party server, or elsewhere. In an example embodiment, the ownership module 230 may manage and implement the ownership restriction for the digital good.); [0034]-[0036] In various example embodiments, the ownership module 230 may update the ownership restriction, stored in association with the digital good, for each transfer of the digital good. . . . In further example embodiments, the ownership restriction may be a temporal restriction. . . . In another example embodiment, the temporal restriction may be such that the digital good may expire and no longer be accessible to some entities after expiration. For example, the temporal restriction may allow for the digital good to be accessible for a five-year period that begins on the date the digital good was first transferred. The ownership module 230 may determine the starting time and duration of the temporal restriction using a variety of schemes. For instance, the ownership module 230 may determine the start time for the temporal restriction to be the time of transfer of the digital good or dynamically determined.); see also Block [0130]-[0137] (disclosing temporary transfers where after the period of two days has elapsed, authorized access to the digital book is automatically reverted back to Jeff))
As per claim 9, Sundaresan teaches wherein an available area in the VR space of the item to be lent is set in the lending offer. (Sundaresan: [0030] (In another example, a second user may request to sell or gift the digital good that, in this example, may be owned by the second user.); Fig. 7; [0064] (User interface element 740 may be a button that, upon activation, may provide the user with the option to sell the digital good, for example, on a secondary marketplace provided by the secondary marketplace system 123.); [0060] (In some example embodiments, the price may be determined based on the ownership restrictions. For instance, a digital good without any, or very few, ownership restrictions may correspond to a price that is higher . . .); [0063]; [0034]-[0036](In further example embodiments, the ownership restriction may be a temporal restriction. . . . In another example embodiment, the temporal restriction may be such that the digital good may expire and no longer be accessible to some entities after expiration. For example, the temporal restriction may allow for the digital good to be accessible for a five-year period that begins on the date the digital good was first transferred. The ownership module 230 may determine the starting time and duration of the temporal restriction using a variety of schemes. For instance, the ownership module 230 may determine the start time for the temporal restriction to be the time of transfer of the digital good or dynamically determined.); see also Block [0130]-[0137] (disclosing temporary transfers))
As per claims 10 and 11, these claims recite limitations substantially similar to claim 1 and are therefore rejected in the same manner as this claim, as set forth above.
Claim Rejections - 35 USC § 103
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 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 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 of this title, 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.
Claims 2 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Sundaresan in view of Block (US PGP 2013/0060661).
As per claim 2, Sundaresan teaches the invention of claim 1 as set forth above.
Additionally, Sundaresan teaches further comprising a settlement manager . . . (Sundaresan: [0020]-[0021] (The payment system(s) 122 may likewise provide a number of functions to perform or facilitate payments and transactions.); [0045] (In further example embodiments, the transfer of the digital good may comprise a purchase of the digital good by the first user for a price. For example, the second user may own the digital good and sell the digital good to the first user for a price. In this example, the second user may list the digital good for sale at an e-commerce website, make a direct sale to the first user, and/or employ another sale structure (e.g., third party escrow).)
Sundaresan, however, does not explicitly disclose that this settlement manager collects a consideration. Still, one of ordinary skill in the art would have recognized such features to be obvious, as they were well established at the time of invention.
For example, Block teaches
further comprising a settlement manager that collects a consideration for the item from the second user and gives at least a part of the consideration to the first user in a case where the first purchase offer or the second purchase offer is received from the second user. (Block: [0041] (For example, Jeff purchases a digital book from intermediary 120.); [0091] (For example, Jeff purchases digital content item 202 from intermediary 120 for $10.); [0089] (Alternatively, intermediary 120 has access to an account for each such publisher, whether the account is maintained by that publisher or by a third party, such as a bank or other licensed financial institution. In either embodiment, intermediary 120 stores publisher association data that associates, for each of multiple digital content items, the publisher that provided that digital content item to intermediary 120. Thus, when intermediary 120 receives (e.g., from device 230 or device 240) transaction data that identifies a digital content item, intermediary 120 analyzes the publisher association data to determine which publisher provided the digital content item to intermediary 120. In response to identifying the appropriate publisher, intermediary 120 causes funds, from the resale of the digital content item, to be credited to the account of that publisher.); [0085]-[0088] (Payment may be received by each party in numerous ways. Embodiments of the invention are not limited to any particular payment mechanism.))
This known technique is applicable to the method of Sundaresan as they both share characteristics and capabilities, namely, they are directed to the management and sale of products.
One of ordinary skill in the art at the time of filing would have recognized that applying the known technique of Block would have yielded predictable results and resulted in an improved method. It would have been recognized that applying the technique of Block to the teachings of Sundaresan would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such collection features into similar methods. Further, applying the settlement manager that collects a consideration for the item from the second user and gives at least a part of the consideration to the first user in a case where the first purchase offer or the second purchase offer is received from the second user to the settlement manager of Sundaresan would have been recognized by those of ordinary skill in the art as resulting in an improved method that would allow parties to receive proceeds from a sale (Block: [0085]-[0088])
As per claim 4, Sundaresan teaches the invention of claim 3 as set forth above.
Additionally, Sundaresan teaches further comprising a settlement manager . . . (Sundaresan: [0020]-[0021] (The payment system(s) 122 may likewise provide a number of functions to perform or facilitate payments and transactions.); [0045] (In further example embodiments, the transfer of the digital good may comprise a purchase of the digital good by the first user for a price. For example, the second user may own the digital good and sell the digital good to the first user for a price. In this example, the second user may list the digital good for sale at an e-commerce website, make a direct sale to the first user, and/or employ another sale structure (e.g., third party escrow).)
gives a part of the second consideration to the first user . . . (Sundaresan: [0045] (In further example embodiments, the transfer of the digital good may comprise a purchase of the digital good by the first user for a price. A commission may be added to the price. At least a portion of the commission may be allocated to the publisher of the digital good and the distributor of the digital good.))
Sundaresan, however, does not explicitly disclose that this settlement manager collects consideration. Still, one of ordinary skill in the art would have recognized such features to be obvious, as they were well established at the time of invention.
For example, Block teaches
collects a first consideration for the item from the second user and gives at least a part of the first consideration to the first user in a case where the first purchase offer or the second purchase offer is received from the second user, and (Block: [0041] (For example, Jeff purchases a digital book from intermediary 120.); [0091] (For example, Jeff purchases digital content item 202 from intermediary 120 for $10.); [0089] (Alternatively, intermediary 120 has access to an account for each such publisher, whether the account is maintained by that publisher or by a third party, such as a bank or other licensed financial institution. In either embodiment, intermediary 120 stores publisher association data that associates, for each of multiple digital content items, the publisher that provided that digital content item to intermediary 120. Thus, when intermediary 120 receives (e.g., from device 230 or device 240) transaction data that identifies a digital content item, intermediary 120 analyzes the publisher association data to determine which publisher provided the digital content item to intermediary 120. In response to identifying the appropriate publisher, intermediary 120 causes funds, from the resale of the digital content item, to be credited to the account of that publisher.); [0085]-[0088] (Payment may be received by each party in numerous ways. Embodiments of the invention are not limited to any particular payment mechanism.))
collects a second consideration for the item from the third user, gives a part of the second consideration to the first user, and gives at least a remaining part to the second user in a case where the third purchase offer or the fourth purchase offer is received from the third user. (Block: [0085]-[0089] (Payment may be received by each party in numerous ways. Embodiments of the invention are not limited to any particular payment mechanism. For example, Jeff and Sally may each have a user account established with intermediary 120. Intermediary 120 receives transaction data that indicates Sally agreed to purchase a digital movie from Jeff for $10. In response, intermediary 120 (1) deducts $10 from the account associated with Sally, (2) credits $5 to the account associated with Jeff, (3) credits $3 to an account associated with publisher 110, which originally provided the digital movie to intermediary 120 for sale to end-users, and (4) retains $2 of the $10 for itself.))
The motivation for applying the known techniques of Block to the teachings of Sundaresan is the same as that set forth above, in the rejection of Claim 1.
As per claim 5, Sundaresan teaches the invention of claim 1 as set forth above.
Additionally, Sundaresan teaches wherein
information indicating that the first user has the ownership and the sale right of the item is registered in the user information database before the first sales offer or the second sales offer is received from the first user, and (Sundaresan: Figs. 3-4; [0033] (In various example embodiments, the digital good may be subject to an ownership restriction, and/or multiple ownership restrictions, stored in association with the digital good. The ownership restriction may be information stored, for example, in the digital good (e.g., embedded in the digital good), locally on a device (e.g., client device(s) 110), in a separate file, in a database, in an application server (e.g., online marketplace system 120), in a third party server, or elsewhere. In an example embodiment, the ownership module 230 may manage and implement the ownership restriction for the digital good.); [0034]-[0036] In an example embodiment, the ownership restriction may be a transfer restriction that limits the number of transfers of the digital good. . . . In various example embodiments, the ownership module 230 may update the ownership restriction, stored in association with the digital good, for each transfer of the digital good); [0014] (The first user may be authorized to access the digital good based, at least in part, on the determined ownership criteria.); [0022] (determine ownership criteria associated with the ownership restrictions, authorize a user to access the digital good, facilitate the transfer of the digital good); [0030] (In another example, a second user may request to sell or gift the digital good that, in this example, may be owned by the second user.); Fig. 7; [0064] (The presentation device 700 may display and/or present the digital good 720 to a user. . . User interface element 740 may be a button that, upon activation, may provide the user with the option to sell the digital good, for example, on a secondary marketplace provided by the secondary marketplace system 123. User interface element 750 may be a button that, upon activation, may present the user with ownership information corresponding to the digital good such as ownership restrictions. The user interface element 750 may also provide the user with the option to modify the ownership restrictions for a price.); The Examiner notes that if first user must be authorized to access the digital good to sell and transfer it based on the determined ownership criteria (that is stored), then ownership criteria must be registered in the database before the sales offers).
Sundaresan does not explicitly disclose the following known technique which is taught by Block:
the information indicating that the first user has the ownership and the sale right of the item is maintained in both cases where the first information is registered and where the second information is registered. (Block: [0041] (In some embodiments, content access metadata 250 includes history data that indicates information about one or more previous owners of a digital content item or one or more previous access authorization transfers of the digital content item. For example, Jeff purchases a digital book from intermediary 120. Content access metadata 250 of the digital book is created (or updated) to reflect that Jeff owns the digital book. Later, Sally obtains, from Jeff, ownership rights in the digital book, e.g., in exchange for monetary value. In response to the change in ownership, content access metadata 250 of the digital book is updated to indicate that Sally owns the digital book while still indicating that another user (i.e. Jeff) had previously been authorized to access the digital book.); [0040] (Content access metadata 250 may further indicate when any transfer of authorized access to another end-user (e.g., Sally) occurs. Additionally, if there were multiple previous owners, content access metadata 250 may indicate the date of each previous access authorization transfer, and data that identifies the parties involved in the transfer.))
This known technique is applicable to the method of Sundaresan as they both share characteristics and capabilities, namely, they are directed to the management and sale of products.
One of ordinary skill in the art at the time of filing would have recognized that applying the known technique of Block would have yielded predictable results and resulted in an improved method. It would have been recognized that applying the technique of Block to the teachings of Sundaresan would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such information maintenance features into similar methods. Further, applying the information indicating that the first user has the ownership and the sale right of the item is maintained in both cases where the first information is registered and where the second information is registered to the information of Sundaresan would have been recognized by those of ordinary skill in the art as resulting in an improved method that would allow review by a current or prospective owners to see who had previous access to the item in order to inquire additional information from a previous owner. (Block: [0042])
As per claim 6, Sundaresan teaches the invention of claim 1 as set forth above. Sundaresan does not explicitly disclose the following known technique which is taught by Block:
wherein the purchase offer receiver is capable of receiving the first purchase offer or the second purchase offer from a plurality of other users. (Block: [0065] (Intermediary 120 may store a single copy of a digital content item that is purchased by multiple users. Thus, intermediary 120 may stream the same copy of a digital movie to all authorized purchasers.); [0098] (According to an embodiment of the invention, a digital content item that is owned by one user may be copied and provided to multiple users, such as friends of the user or people with whom the user has come into contact. Thus, both the owner and the receiver have access to the digital content item at the same time. However, the digital content item may be copied only a limited number of times, such as one time or three times. Content access metadata associated with the digital content item may indicate the number of times. Further, different digital content items offered for sale by intermediary 120 may be associated with different threshold values. For example, a digital book may be copied two times, while a digital movie may be copied one time.))
This known technique is applicable to the method of Sundaresan as they both share characteristics and capabilities, namely, they are directed to the management and sale of products.
One of ordinary skill in the art at the time of filing would have recognized that applying the known technique of Block would have yielded predictable results and resulted in an improved method. It would have been recognized that applying the technique of Block to the teachings of Sundaresan would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such purchase offers from a plurality of users features into similar methods. Further, applying the purchase offer receiver is capable of receiving the first purchase offer or the second purchase offer from a plurality of other users to the purchase offer receiver of Sundaresan would have been recognized by those of ordinary skill in the art as resulting in an improved method that would allow an item to be purchased by multiple users. (Block: [0065])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Stoddard (US 2021/0073881) -- controlling sales permissions pertaining to sales activities by users of an online game
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/JENNIFER V LEE/Examiner, Art Unit 3688
/Jeffrey A. Smith/Supervisory Patent Examiner, Art Unit 3688