DETAILED ACTION
Status of Application
Claims 1, 3-11, 13-16, and 18-19 are pending in the present application.
Terminal Disclaimer
The terminal disclaimer filed on 02/17/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 12159277 B2 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Objections
Claims 3-5 are objected to because of the following informalities: Claim 3 depends on cancelled claim 2. Appropriate correction is required.
Claims 4-5 are objected to by virtue of their dependency.
Response to Arguments
The examiner notes that claims 1, 11, and 16 were rejected in the Non-Final Rejection, pp. 9-10, as being unpatentable over claims 10, 15 and 18, respectively, of copending Application No. 18820400. In accordance with MPEP 1490 VI., D, 2., (b), the rejection is maintained.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 11, and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10, 15, and 18, respectively, of copending Application No. 18820400 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims perform the same function but with different terminology.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Please note that in the interest of time, the examiner is selecting only one of the independent claims from the instant applicant and U.S. Patent for the table below.
Instant Application
Reference application
Claim 1. A system for user-side storage and processing of Non-Fungible Tokens (NFTs), said system capable of communicating, via resource-sharing protocol, with a public distributed trust computing network comprising decentralized nodes, said system comprising:
a user computing platform comprising:
one or more first computing processing devices; and
a first memory in communication with the one or more first computing processing devices and comprising non-volatile random access memory (NVRAM) that operates in accordance with the resource-sharing protocol; and
a Non-Fungible Token (NFT) digital wallet stored in the first memory, executable by at least one of the one or more first computing processing devices, registered with the resource-sharing protocol and configured to identify the user,
wherein the NVRAM is configured to be shared with the public distributed trust computing network for purposes of: (1) storing a NFT either (i) generated by the user computing platform or (ii) acquired by a user of the user computing platform and previously authenticated via consensus of a plurality of the decentralized nodes of the public distributed trust computing network, and (2) performing NFT processes on behalf of the public distributed trust computing network, wherein one of the NFT processes comprises confirming an NFT including verifying an authenticity of the NFT and parties to a transaction associated with the NFT.
Claim 1. A system for user-side storage and processing of Non-Fungible Tokens (NFTs) said system capable of communicating, via resource-sharing protocol, with a public distributed trust computing network comprising decentralized nodes, said system comprising:
a user computing platform comprising:
one or more first computing processing devices;
a first memory in communication with at least one of the one or more first computing processing devices and comprising non-volatile random access memory (NVRAM) that operates in accordance with a resource-sharing protocol; and
a Non-Fungible Token (NFT) digital wallet stored in the first memory, executable by at least one of the one or more first computing processing devices, registered with the resource-sharing protocol and configured to identify the user,
wherein the NVRAM is configured to be shared with the public distributed trust computing for purposes of: (1) storing a NFT either: (i) generated by the user computing platform or (ii) acquired by a user of the user computing platform and previously authenticated via consensus of a plurality of the decentralized nodes, and (2) performing first NFT processes that would otherwise be performed within the public distributed trust computing network.
Claim 10. The system of Claim 1, wherein the NVRAM is configured for purposes of performing second NFT processes, wherein the second NFT processes comprise confirming an NFT including verifying an authenticity of the NFT and parties to transaction of the NFT.
Allowable Subject Matter
Claims 1, 11, and 16 would be allowable if the Double Patenting rejection, set forth in this Office action, is overcome.
Claims 3-5, 6-10, 13-15, and 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARLEY J ABAD whose telephone number is (571)270-3425. The examiner can normally be reached Mon-Fri 8:30 AM - 7 PM.
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, Idriss Alrobaye can be reached at (571) 270-1023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Farley Abad/Primary Examiner, Art Unit 2181
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