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 .
Status of Application
This is a final rejection in response to amended claims and Remarks submitted on February 2, 2026 relating to U.S. Patent Application No. 18/842,705. This application is a 35 U.S.C. §371 National Stage patent application of PCT/EP2022/066353, filed on 15 June 2022, with a §371 (c)(1) date of August 29, 2024. The application claims the benefit of priority to Italian patent application 102022000004091, filed on March 4, 2022. Claims 9 and 16 have been amended. Claim 13 has been cancelled. Claims 9-12 and 14-16 are pending and have been examined.
Response to Arguments
The Remarks submitted by Applicant on February 2, 2026 have been fully considered.
With respect to the Section 101 rejection, Applicant has amended independent Claim 9 and asserts that in light of the amendment the claimed system requires more than an abstract idea and relies on a container to contain an item which is contained and sealed therein and therefore involves more than mental processes. Applicant thus asserts that the claims are directed to patentable subject matter. (Remarks, p. 5). Examiner respectfully disagrees. The additional elements recited in the claims are recited at a high level of generality and are being used as tools to implement the abstract idea. They do not provide a technical improvement such as an improvement to the functioning of a computer or to another technology or a technical field. They do not integrate the abstract idea into a practical application. (See Section 101 rejection below). The Section 101 rejection is maintained.
With respect to the Section 103 rejection, Applicant has amended independent Claim 9 and asserts that the cited references do not cite each of the elements in the claim, particularly selection means configured to attribute a grading of said item, wherein said central device is connected by a telematics communication network to at least one remote device which operates as a node of a distributed ledger infrastructure of a blockchain in which an NFT associated with a digital twin of said item is registered, the system comprising at least one container adapted to contain said item, said item being contained and sealed inside said container. (Remarks, pp. 6-8). Applicant’s argument is persuasive. A further search of the art has not identified references that either alone or in combination teach each and every element of the amended claims. The Section 103 rejection is withdrawn.
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 9-12 and 14-16 are rejected pursuant to 35 USC § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 - Statutory Class
Claims 9-13 and 14-16 are directed to a system. Therefore, on its face, each of the claims is directed to a statutory class of invention.
Step 2A, Prong 1 – Abstract Idea
Claim 9 recites a system for certifying an item, an identification element of said item, which contains a unique identification code associated with said item, processing certification data of said item associated with said unique identification code, generating a piece of certification information associated with said item, which contains said certification data and can be obtained/generated exclusively using said unique identification code, reading said identification element, displaying said certification data of said item and/or said piece of certification information generated, acquiring an image of said item, and attribute a grading of said item. The abstract idea recites a system for certifying items. Pursuant to Specification Paragraphs 2, 8, and 14-16, the claim term “item” is interpreted to refer to collectible or sellable items. Specification Paragraph 8 discloses that some of these items have a considerable economic value, which is determined by different factors. Specification Paragraph 14 discloses that it is not always possible, or at any rate easy, to be able to establish and certify the value of an item. Specification Paragraph 15 discloses that the need arises for a buyer/collector to have a tool/certificate that helps him in determining the value of the item of his interest and that guarantees its authenticity and the correctness of the certification information related to it, which contributes to determining its economic value. Specification Paragraph 16 discloses that this need is even more felt because of the proliferation of fake items, in every way similar to the original ones, made ad hoc by criminals and sold to victims at the price of the original items. Based on the aforementioned recitations in the Specification, the disclosed system for certifying items may relate to assisting a buyer/collector in certifying the authenticity and value of an item which amounts to fundamental economic principles including mitigation of risk falling under Certain Methods of Organizing Human Activity enumerated in MPEP 2106.04(a).
Step 2A, Prong 2 – Practical Application
Claim 9 recites an RFID tag and/or NFC tag type, a central device, a unit for processing, a memory unit, a module for generating a piece of certification information, a reading device for reading in a data connection with central device said identification element of the RFID antenna and/or NFC antenna type, a data connection with said central device comprising display means, acquisition means configured for acquiring a digital image of said item, selection means configured to attribute a grading of said item, a telematics communication network, at least one remote device operating as a node, a distributed ledger infrastructure of a blockchain, an NFT associated with a digital twin and a container. The additional elements are recited at a high level of generality and are used as tools to implement the abstract idea. They do not provide a technical improvement such as an improvement to the functioning of a computer or to technology. They do not integrate the abstract idea into a practical application. The claims do not invoke a particular machine as our guidance is clear that a generic computer is not the particular machine envisioned, they do not transform matter as they only manipulate data which is not matter.
Step 2B – Significantly more
As set forth in the discussion in Step 2A, Prong 2, above, the additional elements are recited at a high level of generality and are used as tools to implement the abstract idea. They do not integrate the abstract idea into a practical application or add significantly more to the abstract idea.
Dependent claims
Claim 10 (said certification data of said item comprise at least said unique identification code associated with said item, and one or more pieces of information related to said item and selected from the group constituted by: - electronic address of the creator of said item, - creation date of said item, - electronic address of the owner of said item, - purchase date of said item,- grading of said item, - grading date of said item, and - digital image of said item), Claim 11 (further comprising an interface for entering and/or updating said certification data of said item in said central device, said interface being in a data connection with said central device), Claim 12 (said module for generating a piece of certification information is configured to produce a piece of certification information containing said certification data associated with said unique identification code read by said reading device and referred to said item), Claim 14 (said remote device comprises: - a unit for processing certification data associated with said digital twin of said item, and - a memory unit which contains said certification data of said digital twin of said item), Claim 15 (said certification data of said digital twin of said item are included in said NFT associated with said digital twin of said item and comprise at least said unique identification code associated with said item and one or more pieces of information related to said digital twin of said item which are selected from the group constituted by: - electronic address of the creator of said digital twin of said item, - creation date of said digital twin of said item, - electronic address of the owner of said digital twin of said item, - purchase date of said digital twin of said item, - grading of said digital twin of said item, - grading date of said digital twin of said item, and - hash code of said digital twin of said item) and Claim 16 (said module for generating a piece of certification information is configured to provide, as certification information, said NFT associated with said digital twin of said item, on the basis of said unique identification code associated with said item and read by said reading device) contain additional elements (underlined above) that are recited at a high level of generality and used as tools to implement the abstract idea and/or further define and merely add specificity to the abstract idea. Thus, the dependent claims also fail to add significantly more to the abstract idea.
As such, Claims 9-12 and 14-16 are not patent eligible.
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 GEORGE PROIOS whose telephone number is (571)272-4573. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bennett M Sigmond can be reached at 303-297-4411. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE N. PROIOS/Examiner, Art Unit 3694
/BENNETT M SIGMOND/Supervisory Patent Examiner, Art Unit 3694