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 .
This communication is in response to application 18/835, 681 filed on 8/02/2024. Claims 1-14 are amended and entered. Claims 1-14 are currently pending and have been examined. No claims are allowed.
Response to Arguments
Applicant’s arguments, see page 12 of Applicant’s remarks, filed 11/11/2025, with respect to 35 USC 112(b) are fully considered and are persuasive. The 112(b) of claims 1-14 are withdrawn.
Applicant’s arguments, see page 12 and 13 of Applicant’s remarks, filed 11/11/2025, with respect to the rejection(s) of claim(s) 1-14 under 35 USC 112(a) have been fully considered and are persuasive. Therefore, the original rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made based on the newly amended limitations.
Applicant’s arguments, see page 13-14 of Applicant’s remarks, filed 11/11/2025, with respect to 35 USC 101 software per se are fully considered and are persuasive. However, arguments against 35 USC 101 rejection in regards to an abstract idea without practical application or significantly more are fully considered but are not persuasive.
Applicant's arguments filed 11/11/2025 with respect to 35 USC 102 are fully considered but they are not persuasive.
Regarding 35 USC 101 arguments:
The applicant submits the newly amended claims are not directed to an abstract idea, and the claims considered as a whole are directed to specific technical architecture. However, the new claim amendments still recite certain methods of organizing human activity including sales, marketing, legal interactions, and simply use blockchain technology to perform the abstract idea, see MPEP 2106.05(f).
Further the applicant submits there are specific technical solutions to technical problems such as block chain network with distributed consensus, integrated timestamp NFT architecture, smart contract automation architecture, and algorithmic learning and tracking architecture. However, there is no improvement to the technology of blockchain, NFTs, smart contract, or algorithmic learning. The claims recite standard blockchain, NFT, and smart contract functions that are simply features used to perform the abstract idea see MPEP 2106.05(f).
Additionally, the applicant submits there is improvement to computer functionality by using blockchain architecture. However, there is no improvement to the functioning of the computer itself. Again, the system simply uses the blockchain network to perform the abstract idea. Therefore, there is no practical application or significantly more.
The applicant submits the claims satisfy the machine-or-transformation test. However, the MPEP section 2106.05(b) states, “It is important to note that a general purpose computer that applies a judicial exception, such as an abstract idea, by use of conventional computer functions does not qualify as a particular machine”. The instant application is an abstract idea being performed by general purpose computing. Further, the claims do not recite a transformation as the computer program simply enables the storage of data on blockchain, see MPEP 2106.05(c). Therefore, the examiner respectfully disagrees and the rejection is maintained.
Regarding 35 USC 102 arguments:
The applicant submits Stone does not disclose claim 1’s integrated system architecture including newly amended recited features. The newly amended features necessitate new grounds for rejection. The rejection relies on the same reference, albeit different parts of the reference are cited.
The timestamp feature is shown in at least paragraphs 0056 and 0070.
The NFT creation function is shown in at least paragraph 0055. Further, the wherein clause recites intended use or results (i.e. operating in a polygon vs other blockchain networks recites intended use or results), see MPEP 2111.04
The token distribution component is shown in at least Paragraphs 0021, 0026, 0049, 0059. Further, covering costs describes intended use or results (i.e. the payment received being able to cover cost of creation recites intended use or results), see MPEP 2111.04.
The algorithmic tracking component, social responsibility component, and market reporting function, taught by various paragraphs of Stone (see 102 rejection below) as they recite a computer program that when executed perform standard blockchain functions such as storage, verification, transacting, and presenting on a distributed ledger (see 112(a) rejection, lack of written description below).
Further the applicant submits claim 14’s structural requirements are not met by Stone. However, the only structural requirement in the claim are nodes and storage in a blockchain network that perform various functions such as verification which is shown in the 35 USC 102 rejection of the newly amended features below. Blockchain wallets and smart contracts are not structural components. Further, blockchain wallets and smart contracts still are shown in the 35 USC 102 rejection of the newly amended features below.
Further the applicant submits the features are isolated without recognizing the claims require a specific integrated system. However, the claims are not isolated as they are found all in a single reference showing a system with all the recited features. Therefore, the examiner respectfully disagrees and the rejection is maintained.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claims 1 and 14: The applicant claims “blockchain wallet integration” which enables buying, selling, storage, and the like. However, the scope of this claim is broader than the written description. There is no “blockchain wallet” in the specification. The specification only references a wallet without discussing how it is integrated to blockchain to achieve buying, selling, storing and the like. Therefore, the claim fails to comply with the written description requirement.
Regarding Claim 1: The applicant claims “an algorithmic tracking component comprising a software program with a learning mechanism” that allows the system to achieve tracking pirated and unauthorized materials. However, the scope of this claim is broader than the written description. The specification simply references an “algorithm” without discussing how the algorithm works to achieve the results of tracking pirated and unauthorized materials.
Further, the applicant claims “a market reporting function” where users can perform cost profit analysis. However, there is no discussion of cost profit analysis in the specification. There is simply discussion of costs and profits associated with books, but no cost profit analysis techniques or steps performed by “a market reporting function”.
Further, the applicant claims “a social responsibility component” that enables contributions to nature, operates blockchain processes, and registers contributions to forests, nature, trees etc. However, the scope of the claim is broader than the written description. The specification simply recites a blockchain that performs standard blockchain functions (e.g. storing data, storing transactions on a ledger, and the like) without discussing how the “social responsibility component” achieves the contribution to forests, nature and trees.
Further, the applicant claims “a digital market application” that has multiple functions and enables interaction and communication. However, the scope of the claim is broader than the written description. There is reference to a blockchain application but no “digital market application” or description of how it would achieve interaction and communication.
Dependent claims 2-13 are also rejected by virtue of dependency on the inadequacies of the independent claim
For the purposes of compact prosecution, the claim elements are interpreted to be a computer program that when executed perform standard blockchain functions such as storage, verification, transacting, and presenting on a distributed ledger.
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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) with no practical application and without significantly more.
The independent claims 1 and 14 recite a system for publishing, buying, and selling works in the form of NFTs. These claim elements are being interpreted certain methods of organizing human activity (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities and behaviors), see MPEP 2106.04(a)(2)(II). Using trade system of NFTs in a Barter and Sales Process is a form of commercial interactions, legal interactions, and sales activities. For example, using contracts to exchange NFT’s demonstrates sales and legal interactions. Therefore, the claims recite an abstract idea consistent with the “certain methods of organizing human activities” grouping set forth in the MPEP 2106.04(a)(2)(II).
The instant application fails to integrate the judicial exception into a practical application because the instant application merely recites an “apply it” (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea. The instant application is directed towards a method and systems to implement the identified abstract idea of sales and marketing activities and behaviors in a general computer environment. The claims do not include additional elements that amount to significantly more than the judicial exception. The independent claims recite the additional elements “a block chain network comprising a plurality of distributed nodes” and “decentralized storage”. These claim elements are recited at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a general computer environment. The machines merely act as a modality to implement the abstract idea and are not indicative of integration into a practical application (i.e., the additional elements are simply used as a tool to perform the abstract idea), see MPEP 2106.05(f).
Further the additional elements of “smart contracts”, “NFTs”, and “blockchain wallet”, merely indicate the field of use or technological environment in which to apply the judicial exception (i.e. Sales activities are being performed in a blockchain environment), see MPEP 2106.05(h).
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed in Step 2A Prong Two analysis, the additional elements in the claims amount to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in 2B and does not provide an inventive concept.
In regards to the dependent claims
Claims 2-13 introduce no new additional abstract ideas or new additional elements and do not impact analysis under 35 USC 101
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stone (US 20230177185 A1).
Regarding Claim 1, Stone teaches:
A blockchain-based digital market system for publishing works comprising digital or printed materials, audio books, scientific articles, scripts, articles, peer-reviewed publications, magazines, and journals, by means of Qualified intellectual property (QIP) and timestamp, the system comprising: a blockchain network comprising a plurality of distributed nodes configured to operate an approval mechanism for blocks added to the blockchain network; [(Figure 6a-6c), (Para 0019) “The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems that are not co-located. The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems configured to be immutable. The decentralized peer-to-peer file sharing system may comprise a blockchain-based persistent file sharing system.”]
a decentralized storage component utilizing blockchain distributed ledger technology for storing work data transferred to the distributed nodes; [(Para 0019) “The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems that are not co-located. The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems configured to be immutable. The decentralized peer-to-peer file sharing system may comprise a blockchain-based persistent file sharing system.”]
blockchain wallet integration enabling transactions in the system for buying, selling, creating, reading, and monitoring, wherein blockchain wallets are configured to store crypto assets; [(Para 0055) “To facilitate payment, the MIS may be configured to utilize an existing blockchain-based electronic “wallet” address… The system may be configured such that the NFT goes over to a separate block labeled “resellers/digital marketplace” on FIG. 6B. The illustrative MIS may be a pipeline where NFTs are generated, so that other resellers can resell books using a more secure file transfer system that includes inventory management…”, (Para 0058) “This implementation also includes a reader software development kit (or “Reader SDK”) illustrated in FIG. 6B. In one implementation, this Reader SDK may be a software kit usable by various types of reader devices. For example, any one of the readers may be able to download and install the Reader SDK to unlock the appropriate content…”]
smart contracts defined for the system at each stage, wherein the smart contracts comprise embedded run commands configured to execute process flows defined from the beginning, and wherein the smart contracts define rules for NFT creation, pricing determinations by authors, and profit distribution percentages for secondhand sales as determined by authors; [(Para 0046) ““Smart contract” terms may be defined (16) and a unique digital identifier may be subsequently created (18). In short, the MIS may be configured to receive digital media, encrypt the contents, upload the encrypted contents along with any graphical data to the block chain, and create a unique digital identifier for all the media it received”, (Para 0054) “The system may be configured such that all of these events culminate into creating the terms of a smart contract for the metadata including the payment, fees, and the royalty structure associated with the publishers and content creators”, (Para 0055) “All of this may be deployed as a “smart contract” and be configured to generate a nonfungible token (“NFT”; a unique digital object with a unique digital identifier). The system may be configured such that the NFT goes over to a separate block labeled “resellers/digital marketplace” on FIG. 6B. The illustrative MIS may be a pipeline where NFTs are generated, so that other resellers can resell books using a more secure file transfer system that includes inventory management.”]
a timestamp generation function configured to register timestamps on the blockchain for works to establish proof of ownership and timing of creation, wherein the timestamp is generated prior to conversion of the work into an NFT; [(Para 0056) “The MIS may be configured to periodically check ownership for the media within a reading application on a device. For example, there may be instances where a device is disconnected from the internet, and the user has access to a textual digital asset such as a book, with the book text locally loaded on their computing device. In one exemplary scenario, on a secondary device, the user may sell the book still loaded on the original computing device. Once the original device is reconnected, the MIS may be configured to check ownership. If the ownership has changed, it may be configured to disable that user's access and delete those files pertaining to the book that is no longer owned or licensed by that user”, (Para 0070) “Still referring to the embodiment of FIG. 12B, the Librarian function may also be configured to check the payload (is the correct digital signature present; is the timestamp still valid; for example) before returning the particular Publication Key (168)”]
an NFT creation function configured to convert works into non-fungible tokens having unique NFT ID numbers, wherein the NFT creation function operates in polygon network or other blockchain networks through supporting multiple blockchains or interchain passages; [(Para 0055) “All of this may be deployed as a “smart contract” and be configured to generate a nonfungible token (“NFT”; a unique digital object with a unique digital identifier)”]
an algorithmic tracking component comprising a software program with a learning mechanism configured to: (i) track pirated works through algorithmic analysis of blockchain data, (ii) track unauthorized works on the blockchain by monitoring who is using works or digital evidence without authorization and from which accounts, and (iii) facilitate processes of authors and users as a result of algorithmic learning from user behavior, making processes easier, and developing process alternatives according to user habits; [(Para 0044) “The innovative MIS provides these users with one of the greatest advantages of ownership—the ability to resell. The digital book content with the MIS can be trackable and transferable in a decentralized ecosystem”, (Para 0056) “Then, the ownership may be transferred and written to the blockchain-based storage configuration so that it is known that the pertinent unique digital identifier, or NFT, has moved to a different wallet because ownership has changed. The NFT allows importation of encrypted file portions (or “shards”; a digital asset may be divided manually or automatically into smaller pieces, portions, or shards, which may be encrypted before storage on the blockchain-based storage configuration) and may be verified one or more times, limiting the likelihood that a person has access to a previously sold book. An assembler may be configured to reconstruct or reassemble the file, and a validator may be configured to re-check/confirm the NFT ownership”]
a barter-sales process component configured to enable purchase of NFT works created by authors and resale of purchased works to third parties on a secondhand basis, wherein authors continue to earn income from secondhand sales according to smart contract rules and percentages determined by the authors; [(Para 0057) “Once the purchase happens, line 606 may be followed from the person-to-person exchange of FIG. 6C to the MIS of FIG. 6B so that royalties and fees may be determined automatically in accordance with the smart contract. Once such determination is made, line 604 may be followed again because the book has changed hands paying appropriate royalties based on the smart contract back to the publisher and the author.”]
a token distribution component configured to: (i) provide rewards to users who buy, read, and publish works, (ii) enable payment of exchange fees with accumulated token rewards, abd (iii) cover costs of creating NFTs from token pools; [(Para 0021) “The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems configured to be immutable. The decentralized peer-to-peer file sharing system may comprise a blockchain-based persistent file sharing system.”, (Para 0049) “In addition, the MIS may be configured to utilize a “smart contract” feature enabling unlocking of longform media on a user's device, and directing of fees associated with sales in a digital marketplace”, (Para 0059) “In addition, the anonymous marketing system configuration also may be utilized to provide rewards to users who meet select criteria, such as having a designated number of titles from a single author”, (Para 0026) “The purchasing digital asset may comprise a purchasing graphical user interface comprising an order and payment configuration”]
a market reporting function wherein publishers, authors, and writers can view book marketing and sales rates and perform cost-profit analysis; [[(Para 0021) “The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems configured to be immutable. The decentralized peer-to-peer file sharing system may comprise a blockchain-based persistent file sharing system”, (Para 0059) “The alternative book implementation of FIGS. 6A-6C also includes an anonymous marketing system, such as is illustrated in FIG. 6A… Since the NFT may be stored on a blockchain-based storage system, the MIS may have the addresses, or locations, even as they get transferred back and forth because of sales or resales…”]
a social responsibility component configured to: (i) enable contribution to nature by publishers or users of NFT works created in the market, (ii) operate or create harmonized blockchain processes or transition between different chains for registering environmental contributions, and (iii) register contributions to forests, nature preservation, and trees grown with each transaction on the blockchain; and [(Figures 6a-6c), (Para 0021) “The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems configured to be immutable. The decentralized peer-to-peer file sharing system may comprise a blockchain-based persistent file sharing system.”]
a digital market application configured to: (i) collect multiple application functions under a unified application and coordinate them via a unified application screen, (ii) enable promotion, marketing, distribution, and sales of works in metaverse virtual environments including installation of stands, showrooms, and exhibition grounds, and (iii) enable interaction and communication between authors, publishers, and readers including creation of user pages and community activities. [(Figures 6a-6c), (Para 0021) “The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems configured to be immutable. The decentralized peer-to-peer file sharing system may comprise a blockchain-based persistent file sharing system”, (Para 0047) “In this implementation, the digital media exchange of FIG. 1 is a digital marketplace where buyers are interested in purchasing digital media from sellers. For example, an author (content creator) can write a book that he sends to a publisher (IP owner) who publishes a book that her company offers for sale within the digital marketplace”]
Regarding Claim 2, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the a NFT creation function creates a capability of having fully decentralized and fully encrypted and unique digital books / works assets which are fully stored in blockchain and are comprised of digital or printed, audio books, scientific articles or papers, scripts, articles, peer-reviewed publications, magazines and journals, videos and songs, but also and works formed in NFT form, and smart contracts, and decentralized storage, and token using the blockchain infrastructure. Utilizing this type of digital media identifier can aid with more efficient and safer storage of digital media, which also allows many other advantages, such as use in alternative environments like a digital marketplace. [(Para 0019) “One embodiment is directed to a system for providing secure access to a digital asset, comprising a computing device configured to divide the digital asset into a plurality of portions and to encrypt each of the portions in the plurality using an asset key such that they may be stored on a decentralized peer-to-peer file sharing system”, (Para 0055) “All of this may be deployed as a “smart contract” and be configured to generate a nonfungible token (“NFT”; a unique digital object with a unique digital identifier). The system may be configured such that the NFT goes over to a separate block labeled “resellers/digital marketplace” on FIG. 6B. The illustrative MIS may be a pipeline where NFTs are generated, so that other resellers can resell books using a more secure file transfer system that includes inventory management”, (Para 0056) “The NFT allows importation of encrypted file portions (or “shards”; a digital asset may be divided manually or automatically into smaller pieces, portions, or shards, which may be encrypted before storage on the blockchain-based storage configuration) and may be verified one or more times”]
Regarding Claim 3, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the a digital market application enables users are enabled to sell their e- books or audio books in an open market, and to win tokens on the basis of progress recorded in reading / listening, or to share a digital book in the form of a physical book, and to buy a single composite audio book in more than one language, and to buy and sell their tokens for other crypto currencies in decentralized exchanges, and to provide the education system with a tool containing verified reading and continuous historical consumption records. [(Para 0044) “This system may be utilized to disrupt prior digital book business models, create a significant new secondary markets, and unlock new revenue opportunities for publishers and authors. “Smart contract” capabilities may be employed to create a new secondary market for electronic books (“eBooks”) and audiobooks, with authors and publishers earning royalties in perpetuity as readers consume, collect and trade books”, (Para 0059) “In addition, the anonymous marketing system configuration also may be utilized to provide rewards to users who meet select criteria”]
Regarding Claim 4, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the NFT creation function allows publishers and writers to collect money through smart contracts in all types of sales, also including secondhand sales, thus providing them with a new income flow forever, and which assures security of management of digital rights, thus preventing digital frauds of any kind, and which also enables publishers to transfer their sales rights. [(Para 0044) “This system may be utilized to disrupt prior digital book business models, create a significant new secondary markets, and unlock new revenue opportunities for publishers and authors. “Smart contract” capabilities may be employed to create a new secondary market for electronic books (“eBooks”) and audiobooks, with authors and publishers earning royalties in perpetuity as readers consume, collect and trade books”, (Para 0055) “These boxes can be dynamically created as needed to store for a particular book or publish content. With the smart contract, the MIS may specify the percentage of fees allocated to different wallets; capture the location of all the encrypted files; and collect the key to decrypt these files later. All of this may be deployed as a “smart contract” and be configured to generate a nonfungible token (“NFT”; a unique digital object with a unique digital identifier).”]
Regarding Claim 5, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the digital market application is equipped with abilities of communication from writer to reader, and which enables the writers to produce unique collection digital editions of their books by means of publishers' marketing tools, as a brand new capability, and which brings e-books and audio books together, and allows them to be printed in such manner to be safely traceable, thus making it possible for independent writers to earn a higher income therefrom. [(Para 0059) “The alternative book implementation of FIGS. 6A-6C also includes an anonymous marketing system”, (Para 0070) “The user may engage a computer-based digital marketplace for digital assets (such as DEAs), and the marketplace and user may approve or allow for digital wallet engagement (154)”]
Regarding Claim 6, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the digital market application allows NFT-based e-books at lower prices than open source Proof of Stake (PoS) technology and Proof of Work (PoW) models, and offers different membership options for writers/publishers/readers, and includes different book and article publishing options and token gift options, and enables the user to have access to all processes with the lowest cost and in a cost-effective manner through NFT book transformation and sales commission options, and permits immediate access to and purchase of the work at any place in the world. [(Para 0070) “The user may engage a computer-based digital marketplace for digital assets (such as DEAs), and the marketplace and user may approve or allow for digital wallet engagement (154)”, (Figure 6B)]
Regarding Claim 7, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the digital market application assures security of user - author - publishing house and work through wallet binding option and other wallet options, and enables writer, publishing house and reader to create their own pages and interaction and community activities, and almost forms a platform for all digital evidences and acts as a notary public not only for books and printed matters, but also for copyright products intended to be protected, and provides international ownership and assurance, and whereby SPEED, TIME and SECURITY solutions are provided and scalability problem is overcome in an appropriate chain, and solutions are developed for registration of data pages, and facilitation of access of readers, and prevention of probable breaches by those who do not buy the same, and IDs are identified for publications and/or articles. [(Para 0070) “The user may engage a computer-based digital marketplace for digital assets (such as DEAs), and the marketplace and user may approve or allow for digital wallet engagement (154)”, (Figure 6B), (Para 0059) “With the anonymous marketing system configuration, authors and publishers can communicate directly with an end consumer”, (Para 0021) “comprising a decentralized peer-to-peer file sharing system operatively coupled to a client computing system and configured to facilitate assembly and use of a digital asset which has undergone a sequence of division into portions, encryption of each of the portions using an asset key, storage of the portions on the peer-to-peer file sharing system after encryption, and creation of a manifest document based upon the division, encryption, and storage”]
Regarding Claim 8, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the digital market application includes NFT book pricing options (eth, usd, usdt, tl, try, matic, credit card and other coin and/or token options), as well as the book's index and/or summary sections on sales screen, and the writer's ID data, and the work's serial number as NFT ID uniquely, and wherein an option for tracking of unauthorized copies of the writer's work (algorithmic tracking, BREACH INQUIRY) is run, and is embedded in the system, and it is possible to pay transfer fees and book royalties in ecosystem to publishers, writers and Platform in the form of market token for the operating expenses. [(Para 0070) “The user may engage a computer-based digital marketplace for digital assets (such as DEAs), and the marketplace and user may approve or allow for digital wallet engagement (154)”, (Para 0057) “For example, the digital marketplace may have new copies of books available at retail prices, while resale copies of the same book at slightly lower prices”, (Para 0070) “ That digitized file may be parsed out further between the contents and the metadata.”; the limitations recite a digital market application, pricing options types or describing book meta data is nonfunctional descriptive material]
Regarding Claim 9, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the social responsibility component contribution to forests, green, nature and a sustainable world is stressed, and solutions are developed thereinfor, and which is integrated with blockchains. [(Para 0021) “The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems configured to be immutable. The decentralized peer-to-peer file sharing system may comprise a blockchain-based persistent file sharing system.”]
Regarding Claim 10, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the token distribution component is brought into force with writers / publishing houses and with platform (Blog) / drawing and gifts bringing the writers together, and which facilitates the winning of tokens produced by the market, and accepts Fiat currencies and crypto currencies as payment tools, and facilitates the purchasing of new books, given that the reading technology verifies which contents are read or listened by users within the frame of "reader mining" and "information mining". [(Para 0055) “These boxes can be dynamically created as needed to store for a particular book or publish content. With the smart contract, the MIS may specify the percentage of fees allocated to different wallets; capture the location of all the encrypted files; and collect the key to decrypt these files later. All of this may be deployed as a “smart contract” and be configured to generate a nonfungible token (“NFT”; a unique digital object with a unique digital identifier). The system may be configured such that the NFT goes over to a separate block labeled “resellers/digital marketplace” on FIG. 6B.”]
Regarding Claim 11, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the digital market application is run by system open source codes making it possible to meet platform development and engineering costs, and is also operated in an integrated manner with different chains and side chains. [(Para 0058) “In another alternative implementation, a portion of the Reader SDK may be provided as open-source software so that developers can create enhanced reading experiences”, (Para 0070) “The user may engage a computer-based digital marketplace for digital assets (such as DEAs), and the marketplace and user may approve or allow for digital wallet engagement (154)”]
Regarding Claim 12, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein the digital market application allows the installation of stands, showrooms and exhibition grounds for works created by NFT in Metaverse universe, and permits immediate access thereto from any place in the world through internet relay chats and autograph session activities in digital environment. [The limitations recite a system with a digital market application that allows for digital functions; (Para 0047) “In this implementation, the digital media exchange of FIG. 1 is a digital marketplace where buyers are interested in purchasing digital media from sellers. For example, an author (content creator) can write a book that he sends to a publisher (IP owner) who publishes a book that her company offers for sale within the digital marketplace”]
Regarding Claim 13, Stone teaches the limitations set forth above, Stone further teaches:
The system of claim 1, wherein a creation of a Work NFT Number comprises tracking pirated works through algorithmic systems, tracking unauthorized reproduced publications with artificial intelligence supported software, and detecting unauthorized copying using blockchain's unalterable and indelible distributed ledger technology. [(Para 0013) “The digital book content with the MIS can be trackable and transferable in a decentralized ecosystem—which is significantly more secure than current Digital Rights Management standards.”; The limitations recite the system from claim 1, creation of a trackable Work NFT Number is not positively recited. However, art is still provided.]
Regarding Claim 14, Stone teaches:
A blockchain-based digital market system that enables publication, copying, promotion, distribution and sale of works digitally with NFT and timestamp by using blockchain technology operated in multiple blockchains or in a polygon network or other networks with cross-chain transitions the system comprising: a blockchain network with distributed ledger technology for decentralized storage of work data; [(Figure 6a-6c), (Para 0019) “The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems that are not co-located. The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems configured to be immutable. The decentralized peer-to-peer file sharing system may comprise a blockchain-based persistent file sharing system.”]
blockchain wallet integration configured to: (i) facilitate wallet connections for users, (ii) process transactions between wallets, and (iii) enable storage of crypto assets in wallets; [(Para 0055) “To facilitate payment, the MIS may be configured to utilize an existing blockchain-based electronic “wallet” address… The system may be configured such that the NFT goes over to a separate block labeled “resellers/digital marketplace” on FIG. 6B. The illustrative MIS may be a pipeline where NFTs are generated, so that other resellers can resell books using a more secure file transfer system that includes inventory management…”, (Para 0058) “This implementation also includes a reader software development kit (or “Reader SDK”) illustrated in FIG. 6B. In one implementation, this Reader SDK may be a software kit usable by various types of reader devices. For example, any one of the readers may be able to download and install the Reader SDK to unlock the appropriate content…”]
smart contracts deployed on the blockchain network and configured to: (i) generate non- fungible tokens as unique digital objects with unique digital identifiers, and (ii) define and execute rules embedded in the smart contracts; [(Para 0046) ““Smart contract” terms may be defined (16) and a unique digital identifier may be subsequently created (18). In short, the MIS may be configured to receive digital media, encrypt the contents, upload the encrypted contents along with any graphical data to the block chain, and create a unique digital identifier for all the media it received”, (Para 0054) “The system may be configured such that all of these events culminate into creating the terms of a smart contract for the metadata including the payment, fees, and the royalty structure associated with the publishers and content creators”, (Para 0055) “All of this may be deployed as a “smart contract” and be configured to generate a nonfungible token (“NFT”; a unique digital object with a unique digital identifier). The system may be configured such that the NFT goes over to a separate block labeled “resellers/digital marketplace” on FIG. 6B. The illustrative MIS may be a pipeline where NFTs are generated, so that other resellers can resell books using a more secure file transfer system that includes inventory management.”]
an ownership verification function configured to: (i) verify ownership of works through blockchain consensus mechanisms where nodes operate approval mechanisms, (ii) enable tracking of transactions from the genesis block forward on the blockchain, and (iii) identify ownership through the blockchain's unalterable and indelible distributed ledger technology; and
[(Para 0003) “Presented herein are various configurations for addressing this challenge by utilizing various aspects of encryption and decentralized peer-to-peer file sharing systems, such as those which are persistent, immutable, and robust, and which may be blockchain-based”, (Para 0044) “The innovative MIS provides these users with one of the greatest advantages of ownership—the ability to resell. The digital book content with the MIS can be trackable and transferable in a decentralized ecosystem”, (Para 0056) “Then, the ownership may be transferred and written to the blockchain-based storage configuration so that it is known that the pertinent unique digital identifier, or NFT, has moved to a different wallet because ownership has changed. The NFT allows importation of encrypted file portions (or “shards”; a digital asset may be divided manually or automatically into smaller pieces, portions, or shards, which may be encrypted before storage on the blockchain-based storage configuration) and may be verified one or more times, limiting the likelihood that a person has access to a previously sold book. An assembler may be configured to reconstruct or reassemble the file, and a validator may be configured to re-check/confirm the NFT ownership”]
a marketplace function configured to: (i) enable listing of works for sale in the digital market, and (ii) facilitate purchasing transactions between buyers and sellers, (iii) display available NFT works, [(Figures 6a-6c), (Para 0021) “The decentralized peer-to-peer file sharing system may comprise a plurality of file sharing subsystems configured to be immutable. The decentralized peer-to-peer file sharing system may comprise a blockchain-based persistent file sharing system”, (Para 0047) “In this implementation, the digital media exchange of FIG. 1 is a digital marketplace where buyers are interested in purchasing digital media from sellers. For example, an author (content creator) can write a book that he sends to a publisher (IP owner) who publishes a book that her company offers for sale within the digital marketplace…”]
wherein the smart contracts are configured to execute ownership transfer operations and record ownership changes on the blockchain, and wherein authors continue to earn income when purchased works are resold according to percentages determined by authors in the smart contracts. [(Para 0044) ““Smart contract” capabilities may be employed to create a new secondary market for electronic books (“eBooks”) and audiobooks, with authors and publishers earning royalties in perpetuity as readers consume, collect and trade books.”, (Para 0047) “Since the MIS may be configured to create a unique identifier for this book, the media validation system (22) can provide validation of the book's availability for purchase, change in ownership, and received payment”]
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/B.L.T. /Examiner, Art Unit 3626
/NATHAN C UBER/Supervisory Patent Examiner, Art Unit 3626