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 .
This action is in response to application filed 09/20/2024. Claims 1 – 20 are pending for consideration.
Priority
This application is a continuation of application 17/109221, now patent No. 12124614. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Drawings
The drawings were received on 09/20/2024 and 10/07/2024. These drawings are accepted.
Information Disclosure Statement
Nine submissions of information disclosure statements (IDS) dated 09/20/2024 and 01/05/2009 have been received and considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp .
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 12124614 (Reference Patent). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 – 20 of the Reference Patent anticipate the instant claims 1 – 20 as shown below for the first claim set where most of the limitations in claim 1 of instant application are anticipated by limitations in claims 1 and 16 of the reference patent.
Claim #
Instant Application
Reference Patent (12124614)
Claim #
1
1 Apparatus configured to:
obtain a hash of a file to be transmitted to a second apparatus
and an indication of a file creator of the file; retrieve an identifier associated with the file creator;
store the hash of the file, associated with the identifier of the file creator, in an immutable ledger;
obtain the hash of the file from the second apparatus; verify that the hash of the file is stored in the immutable ledger;
retrieve, from the immutable ledger, the associated identifier of the file creator using the hash of the file;
transmit, to the second apparatus, a confirmation that the file is from the file creator;
determine that the second apparatus has an associated identifier stored at the apparatus;
provide a pairing invitation to the file creator to create a pairing link with the second apparatus;
receive an approval indication from the file creator to create the pairing link with the second apparatus;
and create the pairing link between the file creator and the second apparatus,
the pairing link configured to permit file transmission between the file creator and the second apparatus.
1.A ledger apparatus configured to:
obtain a hash of a file to be transmitted from a sending apparatus to a second receiving apparatus
and an indication of a file creator of the file; retrieve, from one of storage at the ledger apparatus or cloud storage, an immutable identifier associated with the file creator based on the indication of the file creator;
store the hash of the file, associated with the immutable identifier of the file creator and with one or more assertions provided by an authorized third party, in an immutable ledger;
obtain the hash of the file from the second receiving apparatus; verify that the hash of the file is stored in the immutable ledger;
retrieve, from the immutable ledger, at least one of the one or more assertions provided by the authorized third party and associated with the file;
retrieve, from the immutable ledger, the associated immutable identifier of the file creator using the hash of the file;
and transmit, to the second receiving apparatus: a confirmation that the file is from the file creator; and the retrieved at least one of the one or more assertions provided by the authorized third party and associated with the file.
16 The ledger apparatus of claim 1, wherein the ledger apparatus is configured to:
determine that the second receiving apparatus has an associated identifier stored at the apparatus;
provide a pairing invitation to the sending apparatus file creator to create a pairing link with the second receiving apparatus;
receive an approval indication from the sending apparatus file creator to create the pairing link with the second receiving apparatus;
and create the pairing link between the sending apparatus file creator and the receiving second apparatus,
the pairing link configured to permit file transmission between the sending apparatus file creator and the second receiving apparatus.
1
16
Allowable Subject Matter
Claims 1 – 20 of the instant application are indicated as allowable upon overcoming the Double Patenting, unless new grounds of rejection are raised upon filing a response.
The following is a statement of reasons for the indication of allowable subject matter.
The present invention is directed to apparatus, method and media directed for rapid verification of a data file origin for transmission within the blockchain or the like technology.
The cited prior art – Nandakumar US_20200201964, Adkins US_20190087598 – do not singly or in an obvious combination teach the limitations:
retrieve an identifier associated with the file creator; store the hash of the file, associated with the identifier of the file creator, in an immutable ledger; obtain the hash of the file from the second apparatus; verify that the hash of the file is stored in the immutable ledger; retrieve, from the immutable ledger, the associated identifier of the file creator using the hash of the file; transmit, to the second apparatus, a confirmation that the file is from the file creator; determine that the second apparatus has an associated identifier stored at the apparatus; provide a pairing invitation to the file creator to create a pairing link with the second apparatus; receive an approval indication from the file creator to create the pairing link with the second apparatus; and create the pairing link between the file creator and the second apparatus, the pairing link configured to permit file transmission between the file creator and the second apparatus.
Prior arts reviewed and made of record fail to individually disclose the claimed invention as a whole recited in independent claim 1 and similarly stated in independent claims 19 and 20. Also, the reviewed prior arts in combination together fail to render the claimed invention as a whole obvious. Same relates to depended claims upon their dependence on respective base claims. Accordingly, as indicated above, claims 1 – 20 are allowed upon overcoming the Double Patenting, unless new grounds of rejection are raised upon filing a response.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Jayachandran US_20200382310, Nakamura US_20200112427, Paczkowski US_11308185, Taylor US_10602202.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VLADIMIR IVANOVICH GAVRILENKO whose telephone number is (313) 446-6530. The examiner can normally be reached on Monday to Thursday 8am- 5pm EST.
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/VLADIMIR I GAVRILENKO/
Examiner, Art Unit 2431
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