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 .
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 a judicial exception (i.e., an abstract idea) without significantly more.
Step 1 – Statutory Categories
As indicated in the preamble of the claim, the examiner finds the claim is directed to a process, machine, manufacture, or composition of matter.(Claims 13-19 are processes and Claims 1-12 and 20 are machines). Accordingly, step 1 is satisfied.
Step 2A – Prong 1: was there a Judicial Exception Recited
Claim 1 (and similarly Claims 13 and 20) recites the following abstract concepts that are found to include “abstract idea.” Any additional elements will be analyzed under Step 2A-Prong 2 and Step 2B:
a processor of a shipment processing server node connected to at least one originating user node and to at least one target user node over a wireless network connection; and
a memory on which are stored machine-readable instructions that when executed by the processor, cause the processor to:
receive a shipment transaction request from the at least one originating user node, the shipment transaction request comprising transaction parameters (See MPEP 2106.04(a)(2)(III) Mental Processes - Universal Secure Registry LLC v. Apple Inc., (Fed. Cir. 2021) The Federal Circuit held that the claims are directed to the abstract idea of "collect[ing] and examin[ing] data to authenticate the user's identity." USR, 469 F. Supp. 3d at 239. The claims are directed to an electronic ID device that includes a biometric sensor, user interface, communication interface, and processor working together to (1) authenticate the user based on two factors—biometric information and secret information known to the user—and (2) generate encrypted authentication information to send to the secure registry through a point-of-sale device.);
create a shipment transaction based on the transaction parameters derived from the shipment transaction request (See MPEP 2106.04(a)(2)(III) Mental Processes - Universal Secure Registry LLC v. Apple Inc., (Fed. Cir. 2021) The Federal Circuit held that the claims are directed to the abstract idea of "collect[ing] and examin[ing] data to authenticate the user's identity." USR, 469 F. Supp. 3d at 239. The claims are directed to an electronic ID device that includes a biometric sensor, user interface, communication interface, and processor working together to (1) authenticate the user based on two factors—biometric information and secret information known to the user—and (2) generate encrypted authentication information to send to the secure registry through a point-of-sale device.);
generate a QR code for the shipment transaction (See MPEP 2106.04(a)(2)(III) Mental Processes - Universal Secure Registry LLC v. Apple Inc., (Fed. Cir. 2021) The Federal Circuit held that the claims are directed to the abstract idea of "collect[ing] and examin[ing] data to authenticate the user's identity." USR, 469 F. Supp. 3d at 239. The claims are directed to an electronic ID device that includes a biometric sensor, user interface, communication interface, and processor working together to (1) authenticate the user based on two factors—biometric information and secret information known to the user—and (2) generate encrypted authentication information to send to the secure registry through a point-of-sale device.);
send a link containing a verification request to the at least one target user node (See MPEP 2106.04(a)(2)(III) Mental Processes - Universal Secure Registry LLC v. Apple Inc., (Fed. Cir. 2021) The Federal Circuit held that the claims are directed to the abstract idea of "collect[ing] and examin[ing] data to authenticate the user's identity." USR, 469 F. Supp. 3d at 239. The claims are directed to an electronic ID device that includes a biometric sensor, user interface, communication interface, and processor working together to (1) authenticate the user based on two factors—biometric information and secret information known to the user—and (2) generate encrypted authentication information to send to the secure registry through a point-of-sale device.);
responsive to the verification request, receive biometric capture data from the at least one target user node (See MPEP 2106.04(a)(2)(III) Mental Processes - Universal Secure Registry LLC v. Apple Inc., (Fed. Cir. 2021) The Federal Circuit held that the claims are directed to the abstract idea of "collect[ing] and examin[ing] data to authenticate the user's identity." USR, 469 F. Supp. 3d at 239. The claims are directed to an electronic ID device that includes a biometric sensor, user interface, communication interface, and processor working together to (1) authenticate the user based on two factors—biometric information and secret information known to the user—and (2) generate encrypted authentication information to send to the secure registry through a point-of-sale device.);
regenerate the QR code for the shipment transaction to include the biometric capture data (See MPEP 2106.04(a)(2)(III) Mental Processes - Universal Secure Registry LLC v. Apple Inc., (Fed. Cir. 2021) The Federal Circuit held that the claims are directed to the abstract idea of "collect[ing] and examin[ing] data to authenticate the user's identity." USR, 469 F. Supp. 3d at 239. The claims are directed to an electronic ID device that includes a biometric sensor, user interface, communication interface, and processor working together to (1) authenticate the user based on two factors—biometric information and secret information known to the user—and (2) generate encrypted authentication information to send to the secure registry through a point-of-sale device.); and
record the regenerated QR code on a blockchain ledger (See MPEP 2106.04(a)(2)(III) Mental Processes - Universal Secure Registry LLC v. Apple Inc., (Fed. Cir. 2021) The Federal Circuit held that the claims are directed to the abstract idea of "collect[ing] and examin[ing] data to authenticate the user's identity." USR, 469 F. Supp. 3d at 239. The claims are directed to an electronic ID device that includes a biometric sensor, user interface, communication interface, and processor working together to (1) authenticate the user based on two factors—biometric information and secret information known to the user—and (2) generate encrypted authentication information to send to the secure registry through a point-of-sale device.).
Claim 1 (and similarly Claims 13 and 20) is directed to a series of steps for updating and recording user data with a transaction, which Mental Processes. The mere nominal recitation of a processor, a shipment processing server node, originating user node, target user node, a wireless network, and a memory does not take the claim out of the Mental Processes. Thus, Claim 1 (and similarly Claims 13 and 20) recites an abstract idea.
Step 2A – Prong 2: Can the Judicial Exception Recited be integrated into a practical application
Limitations that are indicative of integration into a practical application:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
The identified abstract idea of exemplary Claim 1 (and similarly Claims 13 and 20) is not integrated into a practical application. The additional elements are: a processor, a shipment processing server node, originating user node, target user node, a wireless network, and a memory that implements the underlying abstract idea. These additional elements are broadly recited computer elements that do not add a meaningful limitation to the abstract idea because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application. Claim 1 (and similarly Claims 13 and 20) is directed to an abstract idea.
Step 2B – Significantly More Analysis
Claim 1 (and similarly Claims 13 and 20) does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and in combination, steps a) receive a shipment transaction request, b) create a shipment transaction, c) generate a QR code, d) send a link containing a verification request, e) receive biometric capture data, f) regenerate the QR code to include the biometric capture data, and g) record the regenerated QR code on a blockchain ledger, do not add significantly more to the exception because they amount to merely using a computer as a tool to perform an abstract idea - see MPEP 2106.05(f). Claim 1 (and similarly Claims 13 and 20) is ineligible.
Claim 2 (and similarly Claim 14) recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
Claim 3 (and similarly Claim 15) recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
Claim 4 (and similarly Claim 16) recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
Claim 5 (and similarly Claim 16) recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
Claim 6 recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
Claim 7 (and similarly Claim 17) recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
Claim 8 (and similarly Claim 18) recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
Claim 9 (and similarly Claim 19) recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
Claim 10 recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
Claim 11 recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
Claim 12 recites the abstract idea of Mental Processes. See MPEP 2106.04(a)(2)(III).
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 (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 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 2023/0259874 “McAlister”, in view of US Pat Pub 2023/017489 “Chan”.
As per Claims 1, 13, and 20, McAlister discloses a system, method, and non-transitory computer-readable medium for an automated secured processing of shipments, comprising:
a processor of a shipment processing server node connected to at least one originating user node and to at least one target user node over a wireless network connection (McAlister: [0067] In some variations, one or more of the components of the system are implemented as a hardware device that includes one or more of a processor (e.g., a CPU (central processing unit), GPU (graphics processing unit), NPU (neural processing unit), etc.), a display device, a memory, a storage device, an audible output device, an input device, an output device, and a communication interface. In some variations, one or more components included in hardware devices are communicatively coupled via a bus. In some variations, one or more components included in the hardware system are communicatively coupled to an external system via the communication interface.); and
a memory on which are stored machine-readable instructions that when executed by the processor (McAlister: [0067] In some variations, one or more of the components of the system are implemented as a hardware device that includes one or more of a processor (e.g., a CPU (central processing unit), GPU (graphics processing unit), NPU (neural processing unit), etc.), a display device, a memory, a storage device, an audible output device, an input device, an output device, and a communication interface. In some variations, one or more components included in hardware devices are communicatively coupled via a bus. In some variations, one or more components included in the hardware system are communicatively coupled to an external system via the communication interface.), cause the processor to:
receive a shipment transaction request from the at least one originating user node, the shipment transaction request comprising transaction parameters (McAlister: [0059] In some implementations, shipping carrier computing systems can access the API to provide one or more of: shipping service information provided by the carrier (e.g., including rates, service levels, etc.), shipping label generation information, tracking information, shipping requirements (including manifest requirements, etc.) and [0064] The request processor functions to process shipment requests.);
create a shipment transaction based on the transaction parameters derived from the shipment transaction request (McAlister: [0064] In some variations, the system includes a request processor. The request processor functions to process shipment requests. In some implementations, the request processor generates label data in response to a shipment request received via the API. And [0065] In some variations, the system includes a data processor. The data processor can function to generate multi-service shipment data by using data accessed from one or more data sources (e.g., tracking data generated by the shipment tracker), and optionally store the shipment data in the data store.);
McAlister fails to disclose a system, method, and non-transitory computer-readable medium for an automated secured processing of shipments, comprising:
generate a QR code for the shipment transaction;
send a link containing a verification request to the at least one target user node;
responsive to the verification request, receive biometric capture data from the at least one target user node;
regenerate the QR code for the shipment transaction to include the biometric capture data; and
record the regenerated QR code on a blockchain ledger.
Chan teaches a system, method, and non-transitory computer-readable medium for an automated secured processing of shipments, comprising:
generate a QR code for the shipment transaction (Chan: [0140] A blockchain network may utilize blockchain addresses to indicate an entity using the blockchain or start and end points in the transaction... In some examples, a blockchain address may be converted into a QR code representation, barcode, token, or other visual representations or graphical depictions to enable the address to be optically scanned by a mobile device, wearables, sensors, cameras, etc.);
send a link containing a verification request to the at least one target user node (Chan: [0153] While a digital signature may provide a link between a transaction and an owner of assets being transferred, it may not provide a link to the real identity of the owner. In some cases, the real identity of the owner of the public key corresponding to the digital signature may need to be established. The real identity of an owner of a public key may be verified, for example, based on biometric data, passwords, personal information, etc. Biometric data may comprise any physically identifying information such as fingerprints, face and eye images, voice sample, DNA, human movement, gestures, gait, expressions, heart rate characteristics, temperature, etc.);
responsive to the verification request, receive biometric capture data from the at least one target user node (Chan: [0153] While a digital signature may provide a link between a transaction and an owner of assets being transferred, it may not provide a link to the real identity of the owner. In some cases, the real identity of the owner of the public key corresponding to the digital signature may need to be established. The real identity of an owner of a public key may be verified, for example, based on biometric data, passwords, personal information, etc. Biometric data may comprise any physically identifying information such as fingerprints, face and eye images, voice sample, DNA, human movement, gestures, gait, expressions, heart rate characteristics, temperature, etc.);
regenerate the QR code for the shipment transaction to include the biometric capture data (Chan: [0140] A blockchain network may utilize blockchain addresses to indicate an entity using the blockchain or start and end points in the transaction... In some examples, a blockchain address may be converted into a QR code representation, barcode, token, or other visual representations or graphical depictions to enable the address to be optically scanned by a mobile device, wearables, sensors, cameras, etc.); and
record the regenerated QR code on a blockchain ledger (Chan: [0140] A blockchain network may utilize blockchain addresses to indicate an entity using the blockchain or start and end points in the transaction... In some examples, a blockchain address may be converted into a QR code representation, barcode, token, or other visual representations or graphical depictions to enable the address to be optically scanned by a mobile device, wearables, sensors, cameras, etc.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McAlister to include a QR code linked to blockchain as taught by Chan, with the shipment processing as taught by McAlister with the motivation of mitigate risk associated with utilizing digital wallets to effect blockchain transactions and to provide enhanced computer security for users (Chan: [0002]).
As per Claims 2 and 14, McAlister discloses a system and method, wherein the machine-readable instructions that when executed by the processor, cause the processor to perform a three-point verification based on the biometric capture data, a target user node location and a time window associated with the target user node against encrypted data contained in the latest QR code retrieved from the blockchain ledger (McAlister: [0037]).
As per Claims 3 and 15, McAlister discloses a system and method, wherein the machine-readable instructions that when executed by the processor, cause the processor to, responsive to successful three-point verification, provide the QR code to the at least one target user node to be scanned by the at least one originating user node (McAlister: [0106]).
As per Claims 4 and 16, McAlister discloses a system and method, wherein the machine-readable instructions that when executed by the processor, cause the processor to receive the QR code from the at least one originating user node and to retrieve the encrypted data from the QR code (McAlister: [0106]).
As per Claims 5 and 16, McAlister discloses a system and method, wherein the machine-readable instructions that when executed by the processor, cause the processor to decrypt the data from the QR code and to apply the data to complete transaction workflows between the at least one originating user node and the at least one target user node on corresponding user devices (McAlister: [0162]).
As per claim 6, McAlister discloses a system, McAlister wherein the machine-readable instructions that when executed by the processor, cause the processor to generate the QR code comprising encrypted transaction parameters comprising Originating User, Target User, Unique Transaction ID, Location, Transaction Function Type and Time Window, wherein each of the parameters is encrypted with a different shard of a common encryption key (McAlister: [0037] and [0106]).
As per Claims 7 and 17, McAlister fails to disclose but Chan teaches a system and method, wherein the machine-readable instructions that when executed by the processor, cause the processor to generate a hash of the QR code and to record the hash of the QR code on a blockchain ledger (Chan: [0140]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McAlister to include a QR code linked to blockchain as taught by Chan, with the shipment processing as taught by McAlister with the motivation of mitigate risk associated with utilizing digital wallets to effect blockchain transactions and to provide enhanced computer security for users (Chan: [0002]).
As per Claims 8 and 18, McAlister discloses a system and method, wherein the machine-readable instructions that when executed by the processor, cause the processor to surface the QR code matching a unique transaction ID received from the at least one originating user node to be provided for scanning by the at least one target user node (McAlister: [0106]).
As per Claims 9 and 19, McAlister discloses a system and method, wherein the machine-readable instructions that when executed by the processor, cause the processor to surface a Check-In by performing a two-point verification based on a location of the least one target user node and a time window associated with the at least one target user node against encrypted data from the QR code derive from the blockchain ledger (McAlister: [0037]).
As per Claim 10, McAlister discloses a system, wherein the machine-readable instructions that when executed by the processor, cause the processor to, responsive to successful two-point verification, provide a request to the at least one target user node to enter transaction details (McAlister: [0037]).
As per Claim 11, McAlister discloses a system, wherein the machine-readable instructions that when executed by the processor, cause the processor to, responsive to receipt of the transaction details, send sends an SMS link to a mobile device associated with the at least one target user node (McAlister: [0157]).
As per Claim 12, McAlister discloses a system, wherein the machine-readable instructions that when executed by the processor, cause the processor to execute a smart contract to record the complete transaction workflows on the blockchain (McAlister: [0107]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REVA R MOORE whose telephone number is (571)270-7942. The examiner can normally be reached M-Th: 9:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fahd Obeid can be reached at 571-270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/REVA R MOORE/ Examiner, Art Unit 3627
/PETER LUDWIG/ Primary Examiner, Art Unit 3627