DETAILED ACTION
This action is in response to a filing filed on August 30th, 2024. Claims 1-21 are cancelled and new claims 22-42 have been added. Claims 22-42 have been examined in this application. The Information Disclosure Statement (IDS) filed on August 30th, 2024 has been acknowledged.
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 22-42 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without significantly more.
Step 1: Claims 22-40 is/are drawn to method (i.e., a process), claims 41 is/are drawn to system (i.e., a manufacture), and claims 42 is/are drawn to computer readable storage media (i.e., a manufacture). (Step 1: YES).
Step 2A - Prong One: In prong one of step 2A, the claim(s) is/are analyzed to evaluate whether it/they recite(s) a judicial exception.
Claim 22: An information processing method, comprising:
storing appraisal information including an artist name and a title of an analog record in a storage unit,
and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit.
(Examiner notes: The underlined claim terms above are interpreted as additional elements beyond the abstract idea and are further analyzed under Step 2A - Prong Two)
Under their broadest reasonable interpretation, the independent claims is/are directed to the abstract idea of storing and organizing appraisal data about a physical item (artist name, title, identifiers) and using that stored information to generate a certificate (e.g., digital or NFT certificate) representing that item. These activities are fundamental data processing and information management concepts analogous to collecting, storing, and outputting information. Such information organization and issuance represent a method of organizing human activity and processing data, which is in the abstract idea category, which the courts have repeatedly held to be abstract ideas. See Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014); Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350 (Fed. Cir. 2016). Thus, the claimed subject matter is directed to an abstract idea falling within the judicial exception category of “certain methods of organizing human activity”. From applicant’s specification, the claimed invention is implemented to “information processing method according to one aspect is characterized by executing processing of storing appraisal information including an artist name and a title of an analog record in a storage unit, and outputting a certificate including the artist name and the title of the analog record, on the basis of the appraisal information stored in the storage unit” (see 0005 of instant specification). The claims recite a method of organizing human activity, specifically storing information (appraisal data like artist name/title) in a storage unit and outputting information (a certificate that includes stored data), these steps are data collection/organization and output functions, that is abstract idea of information processing concepts that courts have treated as an abstract idea under Alice/Mayo when implemented with generic computer components. The Examiner notes that although the claim limitations are summarized, the analysis regarding subject matter eligibility considers the entirety of the claim and all of the claim elements individually, as a whole, and in ordered combination.
And the dependent claims 23-26 recite additional types, formats, or attributes of the appraisal information associated with an analog record, such as specific metadata items or appraisal conditions. These limitations merely refine the content of information collected and stored, and therefore constitute additional aspects of collecting and organizing information, which is a fundamental abstract idea.
Claims 27-31 further limit the claims by specifying characteristics of the certificate, including digital formatting, association with sound source data, or generation as a token or NFT. These limitations merely recite representing stored information in a particular digital form and associating that representation with existing data. Such limitations do not improve computer functionality or another technology, but instead describe the abstract concept of issuing and managing certificates or records of ownership using generic computer technology.
Claims 32-35 recite limitations related to storing the appraisal information or certificate information in a storage unit, distributed ledger, or blockchain, and managing access or history information associated with the certificate. These limitations amount to generic data storage, recordkeeping, and tracking of information, which are well-understood, routine, and conventional computer functions. The use of a blockchain or distributed ledger is recited at a high level of generality and does not impose any technological improvement or specific technical solution.
Claims 36-40 further limit the claims by reciting output, display, or transmission of the certificate or related information to a user terminal, including display of ownership or appraisal information. These limitations merely recite presenting information to a user using conventional output mechanisms, which is an abstract mental process or data presentation activity and does not integrate the abstract idea into a practical application. Taken as a whole, claims 23-40 merely add additional details concerning the type of information collected, how the information is stored, and how the information is presented or represented, all of which are intrinsic to the abstract idea of organizing and managing information related to an analog record and its certificate. None of the additional limitations recite a technological improvement to a computer or another technical field, nor do they effect a transformation beyond generic computer implementation. Accordingly, claims 23-40 are directed to an abstract idea under 35 U.S.C. §101, namely data organization, classification, and information retrieval based on rules applied to user input, rather than to an improvement in computer technology itself. As such, the claims are directed to an abstract idea involving certain methods of organizing human activity and mental processes, which falls within a judicial exception under 35 U.S.C. §101.
Independent claim(s) 41 and 42 recite/describe nearly identical steps (and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this/these claim(s) is/are therefore determined to recite an abstract idea under the same analysis.
As such, the Examiner concludes that claims 22 recites an abstract idea (Step 2A – Prong One: YES).
Step 2A - Prong Two: In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “addition element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
The requirement to execute the claimed steps/functions using a storage unit, control unit, processing devices, storage devices, processing devices, computer, etc. (Claims 22 and 41-42) is/are equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer.
Similarly, the limitations of using a storage unit, control unit, processing devices, storage devices, processing devices, computer, etc. (Claims 22 and 41-42, and dependent claims 23-40) are recited at a high level of generality and amount to no more than mere instructions to apply the exception using generic computer components. This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
Further, the additional limitations beyond the abstract idea identified above, serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. Specifically, it/they serve(s) to limit the application of the abstract idea to computerized environments (e.g., storing, outputting, transferring, generating, sampling, etc. steps performed by a storage unit, control unit, processing devices, storage devices, processing devices, computer, etc.). This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined "an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer"). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(h)).
The recited additional element(s) steps are directed to outputting a certificate, displaying appraisal or ownership information on a user terminal, storing appraisal or certificate information in a storage unit or distributed ledger, and transmitting certificate information to another device merely add post-solution or ancillary data handling steps to the abstract idea of organizing and managing appraisal information for an analog record. Likewise, the recited storage units, blockchain or distributed ledger, user terminals, and output mechanisms are described at a high level of generality and are used solely for their conventional functions of data storage, recordkeeping, and information presentation, which constitutes insignificant extra-solution activity without adding any technical improvement (Independent Claims 22, 41, and 42), additionally and/or alternatively simply append insignificant extra-solution activity to the judicial exception, (e.g., mere pre-solution activity, such as data gathering, in conjunction with an abstract idea). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application. (See MPEP 2106.05(g)).
Dependent claims 23-40 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e., they are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B: In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception. This analysis is also termed a search for an "inventive concept." An "inventive concept" is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amounts to significantly more than the judicial exception itself. Alice Corp., 134 S. Ct. at 2355, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101 USPQ2d at 1966).
As discussed above in “Step 2A – Prong 2”, the identified additional elements in independent Claims 22 and 41-42, and dependent claims 23-40 are equivalent to adding the words “apply it” on a generic computer, and/or generally link the use of the judicial exception to a particular technological environment or field of use. Therefore, the claims as a whole do not amount to significantly more than the judicial exception itself.
The recited additional element(s) of outputting a certificate, displaying appraisal or ownership information on a user terminal, storing appraisal or certificate information in a storage unit or distributed ledger, and transmitting certificate information to another device merely add post-solution or ancillary data handling steps to the abstract idea of organizing and managing appraisal information for an analog record (Independent Claims 22 and 41-42), additionally and/or alternatively simply append insignificant extra-solution activity to the judicial exception, (e.g., mere pre-solution activity, such as data gathering, in conjunction with an abstract idea), i.e. these steps merely describe collect, process, and display information, which is similar to “Receiving or transmitting data over a network, e.g., using the Internet to gather data”, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information), “Storing and retrieving information in memory”, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93; “Presenting offers to potential customers and gathering statistics generated based on the testing about how potential customers responded to the offers; the statistics are then used to calculate an optimized price”, OIP Technologies, 788 F.3d at 1363, 115 USPQ2d at 1092-93, Determining an estimated outcome and setting a price, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93, is a well-understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here) (See MPEP 2106.05(d) (II)).
This conclusion is based on a factual determination. Applicant’s own disclosure at paragraph [0011] acknowledges that “information processing device 1, for example, is a server device, a personal computer, general-purpose tablet personal computer (PC), and the like. In this embodiment, the information processing device 1 is a server device, and hereinafter, will be referred to as the server 1 for simplicity”. This additional element therefore do not ensure the claim amounts to significantly more than the abstract idea.
Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus simply append the abstract idea with words equivalent to “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer or/and append the abstract idea with insignificant extra solution activity associated with the implementation of the judicial exception, (e.g., mere data gathering, post-solution activity) and/or simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
The dependent claims 23-40 fail to include any additional elements. In other words, each of the limitations/elements recited in respective independent claims is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e., they are part of the abstract idea recited in each respective claim).
Specifically, claims 23–26 recite additional elements specifying particular types, attributes, or formats of appraisal information associated with an analog record. These additional elements merely refine the content of the information collected or stored, such as identifying characteristics or appraisal parameters, and do not impose any unconventional processing or technical improvement. Claims 27–31 further recite additional elements relating to generating or associating a certificate with the analog record, including limitations directed to digital certificates, tokens, or NFTs. These additional elements merely implement the abstract idea using a particular form of digital representation and do not improve the functioning of a computer or any other technology. Representing appraisal information as a certificate or token is a conventional data representation technique and amounts to applying the abstract idea using generic computer technology, which is insufficient to supply an inventive concept. Claims 32–35 recite additional elements directed to storing certificate or appraisal information in a storage unit, blockchain, or distributed ledger, and managing related record or history information. These limitations merely recite generic data storage and recordkeeping functions performed by conventional computing infrastructure. The claims do not recite any specific technical mechanism, or improvement, or non-conventional data structure that would amount to a technological improvement. As such, these additional elements do not add significantly more than the abstract idea itself. Claims 36–40 recite additional elements directed to outputting, transmitting, or displaying the certificate or related information on a user terminal. These limitations merely recite post-solution activity involving the presentation of information, which is a well-understood, routine, and conventional computer function. Presenting appraisal or ownership information to a user does not meaningfully limit the abstract idea or provide a technical solution to a technical problem.
When viewed as an ordered combination, the additional elements of claims 23-40 merely instruct to implement the abstract idea using generic computer components to collect, store, represent, and display information. The claims do not recite any unconventional arrangement of elements, nor do they effect an improvement to computer functionality or another technical field and therefore fail to integrate the abstract concept into a practical application and it is recited at a high level of generality and does not integrate the judicial exception into a practical application.
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Therefore, claims 22-42 are not eligible subject matter under 35 USC 101.
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 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 of this title, 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.
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 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 22-35, 38-39, and 41-42 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 20230032976 (“Moore”) in view U.S. Pub. 20230153775 (“Stuart”).
As per claims 22, 41, and 42, Moore discloses, storing appraisal information including an artist name (Examiner interprets “Appraisal information” includes record descriptive data such as artist name, record title, song listings, visual patterns, images, and unique media identifiers, as described in Applicant’s Specification ¶0042. Moore discloses that a tag embedded in a vinyl record is used in conjunction with a non-fungible token (NFT) stored on a blockchain, wherein the NFT includes record-specific information such as artist-related data and visual patterns) (“the tag 104 is under the back side of a record label 108 so that the tag 104 does not cover, obscure, or reduce the area available for, information about the record 100, such as the record name, the artist, the songs on the various tracks, the duration of the various songs or the record, etc. … The NFT 118 is a token which may be unique to a particular record, may be unique to a particular set of records, or may be unique to a particular series of records, e.g., a limited edition of a record, set of records, or series of records. In an embodiment, the NFT 118 is stored as a data entry on an electronic ledger system 1000 (see FIG. 10), preferably a secured electronic ledger system, such as a blockchain system”) (0024-0025, 0029-0034) and a title of an analog record in a storage unit (Examiner notes that the underlined limitation is taught by another reference), and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit (Examiner interprets NFT constitutes a certificate because it digitally represents authenticity and ownership and is output to users for verification) (“The NFT 118 may also contain additional data, if desired, such as a picture of the artist, a video showing the manufacture of the vinyl record.”) (0060-0063, 0024).
Moore specifically doesn’t disclose, and a title of an analog record in a storage unit, however Stuart discloses, and a title of an analog record in a storage unit (Examiner interprets digital media list containing song identifiers necessarily includes the title of the analog record and is stored in a storage unit. Stuart discloses storing a title and associated digital media information of an analog record in a storage unit, including song lists and media identifiers stored on a vinyl record or associated component) (“method of managing MIXD vinyl record distribution and ownership utilizing a non-fungible token (NFT) according to some embodiments. In some embodiments, the record label and/or artist may create a digital media list or collection (e.g., song list, video list, song identifiers, media identifiers, etc.) and/or digital media files (sound files, video files, etc.) for a MIXD vinyl record. In some embodiments, in step 705, the digital media files created by the record label and/or artist may be stored on a MIXD vinyl record. In some embodiments, in step 707, digital media lists or collections may be stored on the MIXD component or assembly that is part of the MIXD vinyl record” and “Each of these may be referred to as a MIXD content device. In addition, as will be detailed later, the subject matter described herein may be implemented and/or integrated into digital media storage devices (e.g., vinyl records, existing CD, and/or existing DVD). In these embodiments, a sticker or other component may be positioned on the existing digital media storage device and/or integrated into a portion of the digital media storage device that is not utilized to store the digital media”) (0042 and 0029).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, and a title of an analog record in a storage unit, as taught by Stuart for the purpose to authenticate stored records and improve user-facing certificate content, as both references address NFT-based authentication of physical analog media.
As per claims 23, Moore discloses, wherein at least one of a catalog number, a label name, a label image, a jacket image, a matrix number, a weight, and a production year of the analog record (Examiner interprets the term “matrix number” is interpreted consistent with Applicant’s Specification ¶0029 as an alphanumeric identifier associated with a vinyl record, and Moore’s unique identification code and visual pattern identifiers correspond to such record-specific identifier. i.e. storing record-specific metadata within the NFT and authentication manager) (“a record 102, such as a vinyl record, in an implementation the tag 104, the unique identification code 112, and the NFT 118 may be used with other items where the tag 104 may be permanently attached to or embedded with an object, such as a Compact Disk (“CD”) or a Digital Video Disc or Digital Versatile Disc (“DVD”)”) (0062, 0042, 0050-0051) is further stored in the storage unit (“authentication manager 1010 to obtain information about the album stored as the non-fungible token 118”) (0050), and the certificate including at least one of the artist name, the title, the catalog number, the label name, the label image, the jacket image, the matrix number, the weight, and the production year of the analog record is output (“tag 104 may be under the “A” side label 108A or under the “B” side label 108B, as desired … record 100 is being made and the record labels 108 are being impressed into the disk 102, the tag 104 becomes embedded within the disk 102 and therefore becomes an integrated part of the record 100 … the unique identification code 112 is encoded in the tag 104 prior to the tag 104 being embedded within the disk 102. The tag 104 is then locked so that it cannot be written on again or modified …”) (0027-0031).
As per claims 24, Moore discloses, wherein a matrix number and information indicating an initial matrix number of the analog record are further stored in the storage unit (Examiner interprets unique identification code embedded during manufacture and locked against modification corresponds to an initial matrix number. Moore further discloses generating NFTs containing this identification information and associated visual pattern data) (“tag 104 may be under the “A” side label 108A or under the “B” side label 108B, as desired … record 100 is being made and the record labels 108 are being impressed into the disk 102, the tag 104 becomes embedded within the disk 102 and therefore becomes an integrated part of the record 100 … the unique identification code 112 is encoded in the tag 104 prior to the tag 104 being embedded within the disk 102. The tag 104 is then locked so that it cannot be written on again or modified …”) (0027-0034, 0040-0042), and the certificate including the artist name, the title, the matrix number, and the information indicating the initial matrix number of the analog record is output (“the record 100 has been manufactured, such as discussed above with respect to FIG. 3, then a picture is taken 402 of the visual pattern on one side (front or back). In an implementation, there are at least two pictures: one of the visual pattern on the front side and another of the visual pattern on the back side. There may be more pictures if there are two or more albums in a particular set or package … NFT 118 is generated 404 for the record, set, or collection. The NFT 118 preferably contains information such as the visual pattern(s), author(s), song(s), tag 104 identification information, ownership information, and ownership history. The NFT 118 may also contain other desired information … registration code 504 is generated 408 for the corresponding NFT 118. In an implementation, the registration code 504 is printed and placed in a pressure sealed envelope, such as used for tax forms, bank items, and other valuable documents. To obtain the registration code 504 the shrink-wrap will need to be opened and the envelope opened. Preferably, the registration code 504 is printed at the same time as, or approximately the same time as, the tag 104 is programmed”) (0041-0044).
As per claims 25, Moore discloses, wherein in association with a matrix number of the analog record, image data of the matrix number is further stored in the storage unit (Examiner interprets Moore’s photographs of visual patterns on the record surfaces constitute image data associated with record-specific identifiers, including matrix-related identifiers) (“tag 104 may be under the “A” side label 108A or under the “B” side label 108B, as desired … record 100 is being made and the record labels 108 are being impressed into the disk 102, the tag 104 becomes embedded within the disk 102 and therefore becomes an integrated part of the record 100 … the unique identification code 112 is encoded in the tag 104 prior to the tag 104 being embedded within the disk 102. The tag 104 is then locked so that it cannot be written on again or modified …”) (0027-0034, 0040-0042), and the certificate including the artist name, the title, the matrix number, and the image data of the matrix number of the analog record is output (Examiner interprets that Moore further discloses storing these images within the NFT and outputting them for authentication) (“the record 100 has been manufactured, such as discussed above with respect to FIG. 3, then a picture is taken 402 of the visual pattern on one side (front or back). In an implementation, there are at least two pictures: one of the visual pattern on the front side and another of the visual pattern on the back side. There may be more pictures if there are two or more albums in a particular set or package … NFT 118 is generated 404 for the record, set, or collection. The NFT 118 preferably contains information such as the visual pattern(s), author(s), song(s), tag 104 identification information, ownership information, and ownership history. The NFT 118 may also contain other desired information … registration code 504 is generated 408 for the corresponding NFT 118. In an implementation, the registration code 504 is printed and placed in a pressure sealed envelope, such as used for tax forms, bank items, and other valuable documents. To obtain the registration code 504 the shrink-wrap will need to be opened and the envelope opened. Preferably, the registration code 504 is printed at the same time as, or approximately the same time as, the tag 104 is programmed”) (0041-0044).
As per claims 26, Moore discloses, wherein a code in which a certificate ID for identifying the certificate is described is read by a user terminal to acquire the certificate ID (Examiner interprets reading a code (unique identification code) by a user terminal to acquire certificate identification information) (“potential purchaser, before buying an album, scans 604 the tag 104 to obtain the unique identification code 112 for the NFT 118, such as by using a smartphone which can read an NFC tag, an NFC tag scanner and a computer, or other desired means of reading the tag 104 to obtain the unique identification code 112. The smartphone sends the unique identification code 112 to the authentication manager 1010 to obtain information about the album stored as the non-fungible token 118. It should be noted that the tag 104 can be scanned to obtain the unique identification code 112 without breaking the shrink-wrap. As noted above, the unique identification code 112 may also be printed on the record in a manner which allows it to be viewed, entered, and sent to the authentication manager 1010 to obtain the NFT 118 information …”) (0050, 0027-0034, 0040-0042),
Moore specifically doesn’t disclose, the certificate is acquired on the basis of the acquired certificate ID, and the acquired certificate is output to the user terminal, however Stuart discloses, the certificate is acquired on the basis of the acquired certificate ID, and the acquired certificate is output to the user terminal (Examiner interprets Stuart’s NFT explicitly functions as a certificate acquired based on a certificate ID and output to a user terminal i.e. acquiring a certificate NFT based on a retrieved digital encrypted identification code and outputting it to a user terminal) (“the MIXD software application may access or retrieve the unique digital encrypted identification code from the MIXD content device and may communicate the retrieved unique digital ID code to the MIXD server computing device 320. In some embodiments, the MIXD server computing device 320 may receive the unique digital encrypted identification code for the user's purchased content device and compare this code to the digital encrypted identification code stored in the MIXD database for the content device. If the MIXD content device is authenticated by the server computing device 320, in step 430, the MIXD server computing device 320 may mint, assign or generate a non-fungible token (NFT) on a public registry for the MIXD cassette tape. In some embodiments, the MIXD server computing device 320 may assign a previously minted NFT. In some embodiments, the NFT may represent the certification or certificate of ownership of the MIXD content device for the user and/or the owner. In some embodiments, in step 435, the generated NFT may be stored with the digital media list (and/or digital media files) and/or the associated unique digital encrypted identification in the MIXD database 330 …”) (0033).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, the certificate is acquired on the basis of the acquired certificate ID, and the acquired certificate is output to the user terminal, as taught by Stuart for the purpose to retrieve and output the certificate based on a certificate ID to improve authentication and user interaction.
As per claims 27, Moore specifically doesn’t disclose, in a case where a user purchases the analog record, information relevant to the user is stored in the storage unit, however Stuart discloses, wherein, in a case where a user purchases the analog record, information relevant to the user is stored in the storage unit (Examiner interprets buyer information stored in the MIXD database constitutes information relevant to the user i.e. storing user information upon purchase and associating it with the NFT) (“unique digital encrypted identification code for the user's purchased content device and compare this code to the digital encrypted identification code stored in the MIXD database for the content device” and “MIXD application server computing device 320 transmits payment instructions to the payment processing server 315 to send payment to the seller's account so that the buyer receives their money. In step 640, At approximately the same time, or simultaneously, the MIXD application server computing device 320 attaches and/or communicates that the NFT is now attached to the new owner computing device. In some cases, the NFT may remain the same and may be transferred to a new owner's wallet address in the MIXD database 330. In some cases, this could require that a new NFT be created or minted in order to transfer the ownership. In other cases, the MIXD application server computing device 320 could communicate new owner information (e.g., the buyer's information) to the MIXD database 330 to update the record for the MIXD cassette type and identify the ownership NFT belongs to the buyer”) (0033 and 0042).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, in a case where a user purchases the analog record, information relevant to the user is stored in the storage unit, as taught by Stuart for the purpose to authenticate the stored records and improve use-facing certificate content.
As per claims 28, Moore discloses, wherein the certificate for the analog record is stored in association with a certificate ID, a certificate NFT corresponding to the stored certificate is generated on a blockchain system (Examiner interprets storing a certificate in association with a certificate ID and generating an NFT on a blockchain) (“record with integrated authenticity, and a method for making same, are disclosed herein. The record may include a disk, an embedded authentication tag, an embedded visual pattern, at least one label, and/or a unique identification code on the label”) (0017-0018, 0025-0029).
Moore specifically doesn’t disclose, and the generated certificate NFT is issued to a user who purchases the analog record, however Stuart discloses, and the generated certificate NFT is issued to a user who purchases the analog record (Examiner interprets i.e. issuing the generated certificate NFT to the purchaser) (“the MIXD server computing device 320 may receive the unique digital encrypted identification code for the user's purchased content device and compare this code to the digital encrypted identification code stored in the MIXD database for the content device. If the MIXD content device is authenticated by the server computing device 320, in step 430, the MIXD server computing device 320 may mint, assign or generate a non-fungible token (NFT) on a public registry for the MIXD cassette tape” and “In some embodiments, the NFT may represent the certification or certificate of ownership of the MIXD vinyl record for the user and/or the owner. In some embodiments, in step 735, the generated NFT may be stored with the digital media list (and/or digital media files) and/or the associated unique digital encrypted identification in the MIXD database 330. In some embodiments, the generated NFT may be communicated and/or transmitted to the user or purchaser computing device in order to be stored on the user or consumer's MIXD vinyl record …”) (0033 and 0049-0056).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, and the generated certificate NFT is issued to a user who purchases the analog record, as taught by Stuart for the purpose to bind ownership to purchaser at time of sale, reduce fraud, and provide post purchase access to certificate ownership on the purchaser’s device.
As per claims 29, Moore discloses, wherein a hash value of the appraisal information of the analog record is output to the blockchain system in association with the certificate ID (Examiner interprets Blockchain storage of NFT data inherently includes hashing of associated metadata, which constitutes outputting a hash value of appraisal information to the blockchain i.e. storing NFT data on Ethereum using ERC-721 smart contracts) (“the NFT 118 is created on an Ethereum blockchain as a ERC721 smart contract with the data of the 104 and the picture(s) of the visual patterns. The blockchain includes an identification of NFT 118 or a link to the NFT 118 …”) (0059-0060, 0056-0057).
As per claims 30, Moore discloses, wherein the certificate is created for each analog record (Examiner interprets creating a unique NFT per record and associating user identification information with the NFT) (“the unique identification code (UIC) 112 may include the tag identification code. The NFT 118 is a token which may be unique to a particular record, may be unique to a particular set of records, or may be unique to a particular series of records, e.g., a limited edition of a record, set of records, or series of records. In an embodiment, the NFT 118 is stored as a data entry on an electronic ledger system 1000 …”) (0025, 0029-0036), and the certificate ID and identification information for identifying a user who possesses the certificate NFT are stored in association with the certificate NFT corresponding to the certificate (“potential purchaser, before buying an album, scans 604 the tag 104 to obtain the unique identification code 112 for the NFT 118, such as by using a smartphone which can read an NFC tag, an NFC tag scanner and a computer, or other desired means of reading the tag 104 to obtain the unique identification code 112. The smartphone sends the unique identification code 112 to the authentication manager 1010 to obtain information about the album stored as the non-fungible token 118. It should be noted that the tag 104 can be scanned to obtain the unique identification code 112 without breaking the shrink-wrap. As noted above, the unique identification code 112 may also be printed on the record in a manner which allows it to be viewed, entered, and sent to the authentication manager 1010 to obtain the NFT 118 information … the unique identification code 112 for NFT 118, the registration code 504, and updates to the NFT 118, such as purchaser information, or “wallet information” in Ethereum™”) (0050-0052, 0053-0056).
As per claims 31, Moore specifically doesn’t disclose, a smart contract for giving an incentive to an authorized person of the analog record corresponding to the certificate in the certificate NFT by transferring the certificate NFT is stored on the blockchain system, however Stuart discloses, wherein a smart contract for giving an incentive to an authorized person of the analog record corresponding to the certificate in the certificate NFT by transferring the certificate NFT is stored on the blockchain system (Examiner interprets smart contracts that distribute incentives to artists, labels, and service partners upon transfer) (“smart contract or distribution contract may include a percentage paid to the artist from the purchase price of the MIXD content device; a percentage paid to the music label or studio or promoter of the MIXD content device; a percentage paid to third party technical and/or service partners of the MIXD content device; and/or a percentage paid to MIXD from the purchase price of the MIXD content device. In some embodiments, for example, this may occur per digital media piece or file (e.g., song, video and/or painting) or if the MIXD content device is all digital media files or lists from one artist, then the smart contract may have percentages for the whole content device. In some embodiments, the MIXD application server computing device 320 may handle the execution and/or the financial distribution based at least in part on the smart contract or distribution contract. In some embodiments, the MIXD application server computing device 320 may generate payment distribution instructions and communicate the payment distribution instructions to the payment processing computing device 315. In some embodiments, the payment processing computing device 315 may transfer payments to accounts of the artists in financial institution computing devices 360, to accounts of the record label, the video or movie studio and/or the art promoter in additional financial institution computing devices”) (0044, 0050-0056).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, a smart contract for giving an incentive to an authorized person of the analog record corresponding to the certificate in the certificate NFT by transferring the certificate NFT is stored on the blockchain system, as taught by Stuart for the purpose to bind ownership to purchaser at time of sale, reduce fraud, and provide post purchase access to certificate ownership on the purchaser’s device.
As per claims 32, Moore specifically doesn’t disclose, wherein transfer information indicating that the analog record, the certificate for the analog record, and the certificate NFT corresponding to the certificate are transferred from a first entity to a first user is stored, however Stuart discloses, wherein transfer information indicating that the analog record (“the NFT may remain the same and may be transferred to a new owner's wallet address in the MIXD database 330. In some cases, this could require that a new NFT be created or minted in order to transfer the ownership. In other cases, the MIXD application server computing device 320 could communicate new owner information (e.g., the buyer's information) to the MIXD database 330 to update the record for the MIXD cassette type and identify the ownership NFT belongs to the buyer”) (0042), the certificate for the analog record, and the certificate NFT corresponding to the certificate are transferred from a first entity to a first user is stored (Examiner interprets NFT ownership transfer inherently corresponds to transfer of the certificate and associated analog record) (“the NFT may remain the same and may be transferred to a new owner's wallet address in the MIXD database 330. In some cases, this could require that a new NFT be created or minted in order to transfer the ownership. In other cases, the MIXD application server computing device 320 could communicate new owner information (e.g., the buyer's information) to the MIXD database 330 to update the record for the MIXD cassette type and identify the ownership NFT belongs to the buyer. In these embodiments, the MIXD application server computing device 320 could communicate the NFT to the buyer's computing device and the MIXD mobile application software could store the NFT with the new owner (e.g., the buyer's) information on the resold MIXD content device …”) (0042-0044).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, wherein transfer information indicating that the analog record, the certificate for the analog record, and the certificate NFT corresponding to the certificate are transferred from a first entity to a first user is stored, as taught by Stuart for the purpose to bind ownership to purchaser at time of sale, reduce fraud, and provide post purchase access to certificate ownership on the purchaser’s device.
As per claims 33, Moore specifically doesn’t disclose, wherein the transfer information indicating that the analog record, the certificate for the analog record, and the certificate NFT corresponding to the certificate are transferred from the first user to a second entity different from the first entity is stored, however Stuart discloses, wherein the transfer information indicating that the analog record (“the NFT may remain the same and may be transferred to a new owner's wallet address in the MIXD database 330. In some cases, this could require that a new NFT be created or minted in order to transfer the ownership. In other cases, the MIXD application server computing device 320 could communicate new owner information (e.g., the buyer's information) to the MIXD database 330 to update the record for the MIXD cassette type and identify the ownership NFT belongs to the buyer”) (0042), the certificate for the analog record, and the certificate NFT corresponding to the certificate are transferred from the first user to a second entity different from the first entity is stored (Examiner interprets NFT ownership transfer inherently corresponds to transfer of the certificate and associated analog record) (“In some cases, the NFT may remain the same and may be transferred to a new owner's wallet address in the MIXD database 330. In some cases, this could require that a new NFT be created or minted in order to transfer the ownership. In other cases, the MIXD application server computing device 320 could communicate new owner information (e.g., the buyer's information) to the MIXD database 330 to update the record for the MIXD cassette type and identify the ownership NFT belongs to the buyer. In these embodiments, the MIXD application server computing device 320 could communicate the NFT to the buyer's computing device and the MIXD mobile application software could store the NFT with the new owner (e.g., the buyer's) information on the resold MIXD content device …”) (0042-0044).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, wherein the transfer information indicating that the analog record, the certificate for the analog record, and the certificate NFT corresponding to the certificate are transferred from the first user to a second entity different from the first entity is stored, as taught by Stuart for the purpose to bind ownership to purchaser at time of sale, reduce fraud, and provide post purchase access to certificate ownership on the purchaser’s device.
As per claims 34, Moore discloses, wherein the certificate in the certificate NFT is output to a user terminal of a user who possesses the certificate NFT (Examiner interprets outputting certificate information and record content to user terminals during authentication) (“FIG. 6 illustrates a process 600 for use of the NFT 118 and registration code. The NFT 118 and registration code 504 are uploaded 602 to an authentication manager 1010 (see FIG. 10) which generates the unique identification code 112 for the NFT 118. The unique identification code 112, as mentioned elsewhere herein, is stored in the tag 104 … potential purchaser, before buying an album, scans 604 the tag 104 to obtain the unique identification code 112 for the NFT 118, such as by using a smartphone which can read an NFC tag, an NFC tag scanner and a computer, or other desired means of reading the tag 104 to obtain the unique identification code 112 … authentication manager 1010 returns 606 information to the smartphone, such as whether the NFT 112 is valid, whether the album has been previously registered, the visual pattern(s), the author(s), the title(s), etc.. If the information is satisfactory to the potential purchaser then the potential purchaser may choose to purchase the album”) (0049-0051).
As per claims 35, Moore discloses, wherein at least one of information relevant to an artist of the analog record corresponding to the certificate in the certificate NFT (Examiner interprets outputting certificate information and record content to user terminals during authentication) (“NFT 118 is generated 404 for the record, set, or collection. The NFT 118 preferably contains information such as the visual pattern(s), author(s), song(s), tag 104 identification information, ownership information, and ownership history. The NFT 118 may also contain other desired information”) (0042, 0049-0051), and a content relevant to music included in the analog record is output to a user terminal of a user who possesses the certificate NFT (“NFT 118 is generated 404 for the record, set, or collection. The NFT 118 preferably contains information such as the visual pattern(s), author(s), song(s), tag 104 identification information, ownership information, and ownership history. The NFT 118 may also contain other desired information”) (0042).
As per claims 38, Moore specifically doesn’t disclose, upon transfer of the certificate NFT and the analog record corresponding to the certificate NFT to a second user, a part of an expense involved in the transfer for an entity receiving the analog record from the user and delivering the analog record to the second user is determined as a service charge, however Stuart discloses, upon transfer of the certificate NFT and the analog record corresponding to the certificate NFT to a second user, a part of an expense involved in the transfer for an entity receiving the analog record from the user and delivering the analog record to the second user is determined as a service charge (Examiner interprets distribution percentages and escrow handling constitute service charges associated with transfer or exchange) (“smart contract or distribution contract may include a percentage paid to the artist from the purchase price of the MIXD content device; a percentage paid to the music label or studio or promoter of the MIXD content device; a percentage paid to third party technical and/or service partners of the MIXD content device; and/or a percentage paid to MIXD from the purchase price of the MIXD content device. In some embodiments, for example, this may occur per digital media piece or file (e.g., song, video and/or painting) or if the MIXD content device is all digital media files or lists from one artist, then the smart contract may have percentages for the whole content device. In some embodiments, the MIXD application server computing device 320 may handle the execution and/or the financial distribution based at least in part on the smart contract or distribution contract. In some embodiments, the MIXD application server computing device 320 may generate payment distribution instructions and communicate the payment distribution instructions to the payment processing computing device 315. In some embodiments, the payment processing computing device 315 may transfer payments to accounts of the artists in financial institution computing devices 360, to accounts of the record label, the video or movie studio and/or the art promoter in additional financial institution computing devices”) (0044, 0050-0056).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, upon transfer of the certificate NFT and the analog record corresponding to the certificate NFT to a second user, a part of an expense involved in the transfer for an entity receiving the analog record from the user and delivering the analog record to the second user is determined as a service charge, as taught by Stuart for the purpose to bind ownership to purchaser at time of sale, reduce fraud, and provide post purchase access to certificate ownership on the purchaser’s device.
As per claims 39, Moore specifically doesn’t disclose, upon exchange of a first certificate NFT of a first user as well as a first analog record corresponding to the first certificate NFT and a second certificate NFT of a second user as well as a second analog record corresponding to the second certificate NFT between the first user and the second user, a service charge involved in the exchange for an entity receiving the first analog record and the second analog record, delivering the second analog record to the first user and delivering the first analog record to the second user is determined, however Stuart discloses, upon exchange of a first certificate NFT of a first user as well as a first analog record corresponding to the first certificate NFT and a second certificate NFT of a second user as well as a second analog record corresponding to the second certificate NFT between the first user and the second user (Examiner interprets distribution percentages and escrow handling constitute service charges associated with transfer or exchange) (“smart contract or distribution contract may include a percentage paid to the artist from the purchase price of the MIXD content device; a percentage paid to the music label or studio or promoter of the MIXD content device; a percentage paid to third party technical and/or service partners of the MIXD content device; and/or a percentage paid to MIXD from the purchase price of the MIXD content device. In some embodiments, for example, this may occur per digital media piece or file (e.g., song, video and/or painting) or if the MIXD content device is all digital media files or lists from one artist, then the smart contract may have percentages for the whole content device. In some embodiments, the MIXD application server computing device 320 may handle the execution and/or the financial distribution based at least in part on the smart contract or distribution contract. In some embodiments, the MIXD application server computing device 320 may generate payment distribution instructions and communicate the payment distribution instructions to the payment processing computing device 315. In some embodiments, the payment processing computing device 315 may transfer payments to accounts of the artists in financial institution computing devices 360, to accounts of the record label, the video or movie studio and/or the art promoter in additional financial institution computing devices”) (0044, 0050-0056), a service charge involved in the exchange for an entity receiving the first analog record and the second analog record, delivering the second analog record to the first user and delivering the first analog record to the second user is determined (“after the sale price is negotiated, the MIXD application server computing device 330 requests that the buyer (through the mobile application software 355 on the buyer computing device 350) to make a payment to purchase the seller's MIXD cassette tape. In some embodiments, in step 620, the buyer (through the buyer computing device 350) may communicate with a third-party payment processing server 315 or a MIXD payment processing server to make a payment in the amount of the negotiated sale price. In some case, the buyer may utilize crypto-currency and in some cases, the buyer may utilize debit or credit cards, or third-party payment systems such as Zelle and/or PayPal. In some embodiments, in step 625, the payment processing server 315 (whether third-party or MIXD) may transfer a payment or a credit representative of the payment to a MIXD escrow account. The payment is thus kept from the seller until the seller fulfils their end of the transaction”) (0040-0042).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, upon exchange of a first certificate NFT of a first user as well as a first analog record corresponding to the first certificate NFT and a second certificate NFT of a second user as well as a second analog record corresponding to the second certificate NFT between the first user and the second user, a service charge involved in the exchange for an entity receiving the first analog record and the second analog record, delivering the second analog record to the first user and delivering the first analog record to the second user is determined, as taught by Stuart for the purpose to bind ownership to purchaser at time of sale, reduce fraud, and provide post purchase access to certificate ownership on the purchaser’s device.
Claims 36 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 20230032976 (“Moore”) in view U.S. Pub. 20230153775 (“Stuart”) in view U.S. Pub. 20220337898 (“Dorogusker”).
As per claims 36, Moore specifically doesn’t disclose, wherein a sampling sound source NFT corresponding to sound source data of sampling used for creating sound source data of the analog record is generated on the blockchain system, the generated sampling sound source NFT is issued to a second user who possesses the sound source data of the sampling, the issued sampling sound source NFT is associated with the certificate NFT corresponding to the certificate for the analog record, and an incentive is given to an authorized person of the sound source data of the sampling corresponding to the sampling sound source NFT by transacting the certificate NFT or using the sound source data of the analog record, however Dorogusker discloses, wherein a sampling sound source NFT corresponding to sound source data of sampling used for creating sound source data of the analog record is generated on the blockchain system (Examiner interprets “sampling sound source NFT” and “sound source data metadata” are interpreted broadly as digital media rights tracked and licensed via NFTs) (“applying distributed ledger technology and non-fungible tokens (NFT) to media licensing, media assignments, and media residuals. In some embodiments, the present technology disclosed herein maintains the digital rights associated with media and tracks digital rights associated with the media content as the rights move from one user to another. In some embodiments, the present technology provides advantages of lowering the friction in transactions involving media and providing a more efficient marketplace for media content. Previously, transactions involving rights to public uses of media content were infrequent and generally negotiated by sophisticated parties. However, increases in computing power and the multi-media platform have made it so a wider group of users can create new media content that are either derivative works of other media content (song remixes), or that utilize a sample of a media content to create an entirely new work”) (0035, 0124-0125), the generated sampling sound source NFT is issued to a second user who possesses the sound source data of the sampling (“FIG. 2 also includes the NFT platform 242 for supporting services associated with offering media content and merchandise as a non-fungible token (NFT). In some embodiments, the artist accounts may elect to embody the value of one or more of their media content in a non-fungible token. “Non-fungibility” refers to the uniqueness or non-interchangeability of individual units of an asset. For example, NFTs cannot be replaced with other tokens of the same type. An example format for an NFT on the Ethereum blockchain is a token standard referred to as ERC-721. The ERC-1155 standard offers semi-fungibility. Unlike ERC-721, where the unique identifier represents one asset, the unique identifier of the ERC-1155 token represents a whole class of fungible assets, any number of which the user can transfer to others. Components based on the ERC-998 standard are the templates according to which NFTs can be either non-fungible or fungible assets. While Ethereum is a popular choice for NFT marketplaces, there are non-Ethereum NFT marketplaces as well, belonging to other blockchain networks like Cosmos, Polkadot, International Blockchain Consulting (IBC), Interledger, Binance Smart Chain, etc.”) (0124-0125), the issued sampling sound source NFT is associated with the certificate NFT corresponding to the certificate for the analog record (Examiner interprets NFT-based media rights, sampling, playback, and incentive mechanisms) (“the recorded media content and the live media were multiplexed at the client device of the host then the recorded media content would need to be downloaded to the client device of the host from the multi-media platform before playback. Thereafter, the multiplexed live playback stream including the recorded media would need to be transmitted back to the multi-media platform to be distributed to the audience member client devices … the artist can be paid directly, before making payments to publishers or labels. In one implementation, the multi-media platform 108 may configure the platform to allow artists to receive tips directly from the user interface of the multi-media application 106, e.g., directly from streams or marketplace sales. In some examples, the multi-media platform 108 may use data analytics and machine learning to predictively or pre-emptively determine what type of situations are likely to generate tips and present tipping options accordingly or have analytics driven tip suggestions (how much to tip, where to place the tipping button, etc), and even customize sender/recipient tipping profiles”) (0068-0075), and an incentive is given to an authorized person of the sound source data of the sampling corresponding to the sampling sound source NFT by transacting the certificate NFT or using the sound source data of the analog record (“the multi-media platform 108 can recommend actions to incentivize a user or other users to engage more with the media/content based on an audience member 236 attending a virtual or in-person live experience(s), their taste in music, shopping, and behavioral habits, and such context data. In some embodiments, based on data pertaining to digital experiences, the in-person experience can be configured to engage more with “loyal” users. An artist can provide personalized experiences for “true” fans (e.g., shout outs) or on a digital platform, surface true fans on an online list. “Fandom” can be determined based on the engagement with media, how many times the user has engaged with the content, previous live streams, offline streams, downloads, record catalog that shows the details, NFT purchases, how many times they have tipped, how many times they have shared the content, the merchandise that they have purchased, etc. Such data can be obtained via multi-media platform 108 and/or social media platform 230”) (0135, 0121).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, wherein a sampling sound source NFT corresponding to sound source data of sampling used for creating sound source data of the analog record is generated on the blockchain system, the generated sampling sound source NFT is issued to a second user who possesses the sound source data of the sampling, the issued sampling sound source NFT is associated with the certificate NFT corresponding to the certificate for the analog record, and an incentive is given to an authorized person of the sound source data of the sampling corresponding to the sampling sound source NFT by transacting the certificate NFT or using the sound source data of the analog record, as taught by Dorogusker for the purpose to provide mechanisms to intelligently multiplex recorded media content from a first source with the live media from a second source, and playback in near real time.
As per claims 40, Moore specifically doesn’t disclose, wherein sound source data of the analog record is metadata of the certificate NFT and in a case where a playback request for the sound source data is accepted from the user who possesses the certificate NFT, the sound source data is output, however Dorogusker discloses, wherein sound source data of the analog record is metadata of the certificate NFT (“the metadata can include, artist name, title, album name, track number, playback length, associated artwork, rating information, analytical and descriptive data describing at least one of a tempo, genre, or mood of the media content, user information, and artist information, etc.”) (0054), and in a case where a playback request for the sound source data is accepted from the user who possesses the certificate NFT, the sound source data is output (“media content 116 can be requested by host computing device 102 or multi-media application 106 in advance and cached prior to playback of the media content. Media content can be songs, videos, vlogs, podcasts, interviews, mixes of songs such as remixes, covers, playlists, etc. The multi-media platform 108 can also provide other services as described herein. The media content 116 can also be stored along with various metadata pertaining to the media content. In some examples, the metadata can include, artist name, title, album name, track number, playback length, associated artwork, rating information, analytical and descriptive data describing at least one of a tempo, genre, or mood of the media content, user information, and artist information, etc. …”) (0054, 0068-0075).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, wherein sound source data of the analog record is metadata of the certificate NFT and in a case where a playback request for the sound source data is accepted from the user who possesses the certificate NFT, the sound source data is output, as taught by Dorogusker for the purpose to provide mechanisms to intelligently multiplex recorded media content from a first source with the live media from a second source, and playback in near real time.
Claims 37 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 20230032976 (“Moore”) in view U.S. Pub. 20230153775 (“Stuart”) in view U.S. Pub. 20230134118 (“Sehremelis”).
As per claims 37, Moore discloses, wherein, in a case where the user possesses the certificate NFT (“The NFT 118 is a token which may be unique to a particular record, may be unique to a particular set of records, or may be unique to a particular series of records, e.g., a limited edition of a record, set of records, or series of records. In an embodiment, the NFT 118 is stored as a data entry on an electronic ledger system 1000 (see FIG. 10), preferably a secured electronic ledger system, such as a blockchain system”) (0025).
Moore specifically doesn’t disclose, in order to simultaneously display an avatar image corresponding to the user and a jacket image of an analog record corresponding to the certificate NFT in a metaverse space, the avatar image and the jacket image are output, however Sehremelis discloses, in order to simultaneously display an avatar image corresponding to the user and a jacket image of an analog record corresponding to the certificate NFT in a metaverse space, the avatar image and the jacket image are output (Examiner interprets displaying NFTs and related content in a metaverse includes displaying avatars and associated media objects, including record jacket images i.e. displaying NFTs and user avatars in metaverse environments) (“display the newsfeed (or news items, such as articles, images, videos, and/or audio files, from the newsfeed) and/or smart contracts (such as NFTs) in a virtual reality and/or an augmented reality (or other mixed reality technology) of a “metaverse,” “omniverse,” or “digital twins” environment. The metaverse environment may be a platform metaverse or a third party metaverse. In one or more embodiments, the platform metaverse may include two or more sub-metaverses. Accordingly, in one or more embodiments, the instructions stored in the memory device, when executed by the processor, may cause the processor to display the platform metaverse and the news items and/or the smart contracts in the platform metaverse (or one or more of the sub-metaverses), or may cause the processor to transmit the news items and/or the smart contracts to a third party metaverse. In one or more embodiments, the metaverse may include virtual newsstands, virtual buildings (e.g., digital real estate, digital leasebacks), and/or virtual print newspapers, among other content, from the publishers and/or the content creators on the social news platform. In one or more embodiments, users and data providers may have avatars, which may be featured as NFTs on profiles on the social news network. In one or more embodiments, the content in the metaverse or omniverse may be immersive such that user, publishers, or businesses on the social news network may be able to create content that can be ‘sensed’ via any human senses, such as touch, smell, sight, sound, etc.”) (0107-0108).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for storing appraisal information including an artist name, and outputting a certificate including the artist name and the title of the analog record on the basis of the appraisal information stored in the storage unit, as taught by Moore, in order to simultaneously display an avatar image corresponding to the user and a jacket image of an analog record corresponding to the certificate NFT in a metaverse space, the avatar image and the jacket image are output, as taught by Sehremelis for the purpose to enable the user to interact with the metaverse, including navigating (e.g., exploring) the metaverse, posting content to the metaverse (e.g., content from the user's brain), and/or conducting transactions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US. Pub. 20170214522 (“Code”).
Code discloses, a system and process for converting a digital media file into a digital token is disclosed. The embodiments modify a digital media file so that a set of rules are attached to the digital media file creating a digital token, which can be used to persist the digital media file through a network. In an exemplary embodiment, the network is a distributed ledger or blockchain based network that securely tracks distribution of the digital media file. The digital token may have a value added to it or value may intrinsically exist as the digital token is persisted through the network. The value associated with distribution of the digital media file may be used to reward the owner of the digital media file, distributors of the token, or as an incentive program for commercial transactions and non-commercial transactions.
26. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GAUTAM UBALE whose telephone number is (571)272-9861. The examiner can normally be reached Mon-Fri. 7:00 AM- 6:30 PM PST.
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, Marissa Thein can be reached at (571) 272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GAUTAM UBALE/
Primary Examiner, Art Unit 3689