Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Under Step 1, claims are directed to at least one statutory category a system, a method and a method, respectively.
Under Step 2A, Prong 1, claim 1 or claim 11 or claim 20 is directed to an abstract idea of determine, at a first time interval, a first request to process a first brokerage transaction, wherein the first request comprises first metadata indicating an approved transaction; determine, using the first metadata, a first smart contract template from a set of smart contract templates; generate a first smart contract for the first request using the first smart contract template; send the first smart contract to; send the first smart contract to; determine, using, that the first smart contract is executed via the first blockchain; determine, using data published on the first blockchain, that the first request is complete; and generate, at a second time interval, a settlement notification indicating the first brokerage transaction is settled. This concept falls under the abstract idea category of certain methods of organizing human activity, specifically commercial or legal interactions as it is directed to sales activities or behaviors.
Under Step 2A, Prong 2, this judicial exception is not integrated into a practical application because the recited additional elements of memory that stores computer-executable instructions; and at least one processor configured to access the memory and execute the computer-executable instructions; a first blockchain using a first oracle network; a second blockchain using a second oracle network; a third oracle network to are no more than merely generic computer components and steps applied to the abstract idea to perform the functionalities of the abstract idea steps. The application of the abstract idea to the generation and execution of smart contracts is merely limiting the abstract idea to one field of use and merely applying the blockchain technology.
Under Step 2B, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed as a whole, considering the additional elements individually and/or as an ordered combination, the additional elements of memory that stores computer-executable instructions; and at least one processor configured to access the memory and execute the computer-executable instructions; a first blockchain using a first oracle network; a second blockchain using a second oracle network; a third oracle network are no more than merely generic computer components and steps applied to the abstract idea to perform the functionalities of the abstract idea steps, such as determine, send, generate information is merely using generic computer systems and steps as tools to perform the abstract idea (“apply it”). Further the application of the generation and execution of smart contracts for multiple oracle networks technology is additionally merely limiting the field of use to generic blockchain technology. This is supported by the original specification paragraph [0071] any of the elements (for example, one or more user devices 602, one or more computing devices 610, one or more databases 620, and/or any other element described with respect to FIG. 6 or otherwise) of the system 600 may include any of the elements of the computing device 700 as well (such as the processor 702, memory 704, etc.). As to the insignificant extra-solution active, please see MPEP § 2106.05(d)(II): Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network). Therefore, independent claim 1 or claim 11 or claim 20 is not patent eligible.
As for dependent claims 2-10, these claims recite limitation that further define the same abstract idea noted in claim 1. Therefore, they are considered patent ineligible for the reasons given above.
As for dependent claims 12-19, these claims recite limitation that further define the same abstract idea noted in claim 11. Therefore, they are considered patent ineligible for the reasons given above.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bell et al. (US 2019/0114706 A1).
As per claim 1, Bell et al. teaches a system comprising: memory that stores computer-executable instructions ([0147]-[0148] and [0152]); and at least one processor configured to access the memory and execute the computer-executable instructions to ([0147]-[0148] and [0152]): determine, at a first time interval, a first request to process a first brokerage transaction, wherein the first request comprises first metadata indicating an approved transaction ([0042]-[0044}, [0073], [0092]-[0094]); determine, using the first metadata, a first smart contract template from a set of smart contract templates ([0023], [0025], [0031], [0044]-[0046], [0069], [0087] and [0132]); generate a first smart contract for the first request using the first smart contract template ([0023], [0025], [0031], [0044]-[0046], [0069], [0087] and [0132]); send the first smart contract to a first blockchain using a first oracle network ([0023], [0025], [0031], [0042]-[0046], [0069], [0087] and [0132]); send the first smart contract to a second blockchain using a second oracle network ([0023], [0025], [0031], [0042]-[0046], [0069], [0087] and [0132]); determine, using a third oracle network, that the first smart contract is executed via the first blockchain ([0023], [0025], [0031], [0042]-[0046], [0069], [0087] and [0132]); determine, using data published on the first blockchain, that the first request is complete ([0023], [0028], [0038], [0042]-[0046], [0069], [0087] and [0132]); and generate, at a second time interval, a settlement notification indicating the first brokerage transaction is settled ([0042]-[0046], [0073], [0089], [0092] and [0132]).
As per claim 2, Bell et al. teaches the system of claim 1 described above. Bell et al. teaches wherein the first oracle network is an inbound oracle network and the third oracle network is an outbound oracle network, and wherein the first, second, and third oracle networks are decentralized oracle networks ([0007], [0022]-[0026], [0031]-[0034], [0146]-[0148] and [0152]).
As per claim 3, Bell et al. teaches the system of claim 1 described above. Bell et al. teaches wherein the first smart contract is a no-code smart contract ([0025]-[0026]).
As per claim 4, Bell et al. teaches the system of claim 1 described above. Bell et al. teaches wherein an elapsed time between the first time interval and the second time interval is equal to or less than 6.5 hours ([0046], [0073] and [0132]).
As per claim 5, Bell et al. teaches the system of claim 1 described above. Bell et al. teaches wherein the at least one processor is further configured to access the memory and execute the computer-executable instructions to: determine, using a first datastore that is decoupled from the first oracle network, the second oracle network, and the third oracle network, an account identifier ([0023]- [0028], [0031], [0044]-[0046], [0069], [0087] and [0132]); determine that the first brokerage transaction can be executed using the account identifier ([0027], [0028], [0031], [0044]-[0046], [0069], [0094], [0096], and [0132]); and send a settlement approval notification to the first oracle network ([0042]-[0046], [0073], [0089], [0092] and [0132]).
As per claim 6, Bell et al. teaches the system of claim 5 described above. Bell et al. teaches wherein the at least one processor is further configured to access the memory and execute the computer-executable instructions to ([0147]-[0148] and [0152]): determine, via the first oracle network, that the first smart contract is not executed ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]); and generate an alert notification indicating the first smart contract is not executed ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]).
As per claim 7, Bell et al. teaches the system of claim 6 described above. Bell et al. teaches wherein the at least one processor is further configured to access the memory and execute the computer-executable instructions to ([0147]-[0148] and [0152]): determine that the first smart contract is not executed due to a manual operator action ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]); generate a message indicating manual operator action is required ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]); determine that the manual operator action is complete ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]); and determine that the first smart contract is executed ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]).
As per claim 8, Bell et al. teaches the system of claim 5 described above. Bell et al. teaches wherein the at least one processor is further configured to access the memory and execute the computer-executable instructions to ([0147]-[0148] and [0152]): determine, via the first oracle network, that the first smart contract is executed; determine that the first brokerage transaction is settled ([0025], [0042]-[0046], [0073], [0089], [0092] and [0132]); and generate a status update associated with the first brokerage transaction ([0021], [0042]-[0046], [0073], [0089], [0092] and [0132]).
As per claim 9, Bell et al. teaches the system of claim 5 described above. Bell et al. teaches wherein data associated with the first smart contract comprises time data, execution status data, account identifier data, and transaction amount data, and is devoid of institutional data ([0003], [0029]- [0031], [0043]-[0046], [0069], [0094] and [0132]).
As per claim 10, Bell et al. teaches the system of claim 5 described above. Bell et al. teaches wherein nodes associated with the first blockchain are disposed on-premises (abstract; [0025], [0044]-[0047]).
As per claim 11, claim 11 otherwise styled as method claim is equivalent of claim 1. Please see claim 2 rejection described above.
As per claim 12, claim 12 otherwise styled as method claim is equivalent of claim 2. Please see claim 2 rejection described above.
As per claim 13, claim 13 otherwise styled as method claim is equivalent of claim 3. Please see claim 3 rejection described above.
As per claim 14, claim 14 otherwise styled as method claim is equivalent of claim 4. Please see claim 4 rejection described above.
As per claim 15, claim 15 otherwise styled as method claim is equivalent of claim 5. Please see claim 5 rejection described above.
As per claim 16, claim 16 otherwise styled as method claim is equivalent of claim 6. Please see claim 6 rejection described above.
As per claim 17, claim 17 otherwise styled as method claim is equivalent of claim 7. Please see claim 7 rejection described above.
As per claim 18, claim 18 otherwise styled as method claim is equivalent of claim 8. Please see claim 8 rejection described above.
As per claim 19, claim 19 otherwise styled as method claim is equivalent of claim 9. Please see claim 9 rejection described above.
As per claim 20, Bell et al. teaches a method comprising: determining, by one or more computer processors coupled to memory, at a first time interval, a first request to process a first brokerage transaction, wherein the first request comprises first metadata indicating an approved transaction ([0042]-[0046], [0073], [0089], [0092] and [0132]); determining, using the first metadata, a first smart contract template from a set of smart contract templates ([0023], [0025], [0031], [0044]-[0046], [0069], [0087] and [0132]); generating a first smart contract for the first request using the first smart contract template ([0023], [0025], [0031], [0044]-[0046], [0069], [0087] and [0132]); sending the first smart contract to a first blockchain using a first oracle network ([0023], [0025], [0031], [0042]-[0046], [0069], [0087] and [0132]); sending the first smart contract to a second blockchain using a second oracle network ([0023], [0025], [0031], [0042]-[0046], [0069], [0087] and [0132]); determining, using a third oracle network, that the first smart contract is executed via the first blockchain ([0023], [0025], [0031], [0042]-[0046], [0069], [0087] and [0132]); determining, using data published on the first blockchain, that the first request is complete ([0023], [0028], [0038], [0042]-[0046], [0069], [0087] and [0132]); generating, at a second time interval, a settlement notification indicating the first brokerage transaction is settled ([0023], [0025], [0031], [0042]-[0046], [0069], [0087] and [0132]); determining, using a first datastore that is decoupled from the first oracle network, the second oracle network, and the third oracle network, an account identifier ([0023]- [0028], [0031], [0044]-[0046], [0069], [0087] and [0132]); determining that the first brokerage transaction can be executed using the account identifier ([0027], [0028], [0031], [0044]-[0046], [0069], [0094], [0096], and [0132]); sending a settlement approval notification to the first oracle network ([0042]-[0046], [0073], [0089], [0092] and [0132]); determining, via the first oracle network, that the first smart contract is not executed ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]); generating an alert notification indicating the first smart contract is not executed ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]); determining that the first smart contract is not executed due to a manual operator action ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]); generating a message indicating manual operator action is required ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]); determining that the manual operator action is complete ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]); and determining that the first smart contract is executed ([0025], [0089]-[0090], [0119]-[0120], and [0154]-[0157]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to I JUNG LIU whose telephone number is (571)270-1370. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Behncke can be reached at (571)272-8103. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
I JUNG LIU
Examiner
Art Unit 3695
/I JUNG LIU/Primary Examiner, Art Unit 3695