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 .
DETAILED ACTION
1. This is in response to the applicant's communication filed on 11/04/2025, wherein:
Claims 1-20 are pending. Claims 1, 11 and 16 have been amended.
The Examiner’s Notes:
2. Amended independent claims 1, 11 and 16 as whole recites a combination of limitations that has been found as significantly more. Therefore, rejection under 101 for independent claims 1, 11, 16 and their dependency has been withdrawn.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
4. Claims 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention:
Independent claim 16 recites: “receive user preferences for managing user data through a secure interface of the data platform, wherein the data platform periodically scans the plurality of sources and encrypts the user data that is captured, automatically capture the user data from a plurality of sources according to the user preference……”. The scope of these limitations are confusing since it is unclear when the limitation “periodically scans the plurality of sources and encrypts the user data that is captured” is recited before/prior to (happened before/ prior to) the limitation “automatically capture the user data from a plurality of sources according to the user preference “. Appropriated correction is required.
For the purpose of examination in light of the other independent claims 1 and 11, the Examiner construes that the limitation/step “automatically capture the user data from a plurality of sources according to the user preference…” is recited prior to/ before (happened before) the limitation “wherein the data platform periodically scans the plurality of sources and encrypts the user data that is captured”. Again, appropriated correction is required.
Dependent claims 17-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph for the same reason as indicated in the independent claim 16.
Double Patenting
5. Independent claims 1, 11 and 16 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over claims 1, 11 and 16 of US Patent 12,100,025 B2, in view of Pead; (US 2018/0144153 A1), Zalila-Wenkstern (US 2012/0259826 A1), and Simons; (US 2019/0342095 A1) . Further, dependent claims 2, 3, 7 and 19 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over claims 1, 11 and 16 of US Patent 12,100,025 B2. In addition, dependent claims {4,12,17}; {5}; {8}; {9,15}; {14}; and {10} of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable respectively over dependent claims {3,12,17}; {5,15}; {6}; {8}; {9,14,20}; and {10} of U.S. Patent 12,100,025 B2. See table below.
Instant Application: case 18/895,362
US Patent 12,100,025 B2
Claims 1, 11 and 16: A method for monetizing user data utilizing a data platform, comprising:
receiving user preferences through a secure user interface of the data platform for managing the user data in the data platform; automatically capturing the user data from a plurality of sources according to the user preferences utilizing the data platform;
wherein the data platform periodically scans the plurality of sources and encrypts the user data that is captured
tokenizing the user data in one or more blockchain tokens utilizing the data platform,
monetizing the user data in accordance with the user preferences; and
compensating the user for monetizing the user data,
as tracked by a distributed ledger, wherein the payments to the user are executed by the data platform
Claim 2: wherein monetizing further comprises vending the one or more blockchain tokens
Claim 3: wherein the user data includes one or more data elements
Claims 4, 12 and 17: wherein the user data is automatically captured in response to receiving initial data elements including the one or more data elements, modifying the one or more data elements, updating the one or more data elements, and verifying the one or more data elements.
Claim 5: wherein the user preferences include permissions for capturing, utilizing, and monetizing the user data.
Claims 7 and 19: wherein the user data is stored in a secure location associated with the data platform and accessible utilizing an indicator included in the one or more blockchain tokens.
Claim 8: wherein a blockchain token is created for each unique data set associated with the user data.
Claims 9 and 15: creating a smart contract utilizing the user preferences controlling utilization of the user data.
Claim 14: wherein the data platform further generates a timestamp for a transaction associated with the vending, store transaction information including the timestamp as part of the vending, and ensures secure utilization of the user data.
Claim 10: wherein monetizing further comprises: receiving payments from one of a plurality of parties to access the user data utilizing the one or more blockchain tokens.
Claims 1, 11 and 16: A method for monetizing user data utilizing a data platform, comprising:
automatically capturing one or more data elements associated with user data of a user from one of a plurality of sources utilizing the data platform without user interaction, wherein the data elements are captured in response to creation or change of the user data in one or more accounts or services associated with the user; receiving user preferences from a user through a user interface specifying permissions for the data platform to capture and utilize the user data including the one or more accounts and services utilized by the user;
is taught by the combination of Pead; (US 2018/0144153 A1), and Zalila-Wenkstern (US 2012/0259826 A1) under 103 below.
tokenizing the user data in one or more blockchain tokens according to the user preferences received through the user interface specifying permissions for capturing and utilizing the user data, wherein a data refinery including at least logic of the data platform performs tokenization;
storing the user data in a secure location associated with the data platform including at least a database;
automatically vending the one or more blockchain tokens associated with the user data according to the user preferences associated with the user to one of a plurality of parties, wherein the user data is accessible from the secure location associated with the data platform utilizing an indicator included in the one or more blockchain tokens; and
compensating the user from the data platform for vending the user data associated with the one or more blockchain tokens according to the user preferences utilizing currency or cryptocurrency.
Is taught by Simons; (US 2019/0342095 A1) below under 103 rejection.
Is taught by bold limitations above in claims 1, 11 and 16 above
Is taught by bold limitations above in claims 1, 11 and 16 above
Claims 3, 12 and 17: wherein receiving the one or more data elements includes receiving initial data elements including the one or more data elements, modifying the one or more data elements, updating the one or more data elements, and verifying the one or more data elements.
Claims 5 and 15: wherein the user preferences specify how and when 1) the user data is utilized and 2) the user is compensated.
Is taught by bold limitations above in claims 1, 11 and 16 above
Claim 6: wherein a blockchain token is created for each unique data set associated with the user data.
Claim 8: creating a smart contract controlling utilization of the user data.
Claims 9, 14 and 20: generating a timestamp for a transaction associated with the vending; storing transaction information including the timestamp; and ensuring secure utilization of the user data.
Claim 10: wherein the compensating further comprises: receiving payments from the one of the plurality of parties to access the user data utilizing the one or more blockchain tokens; and ensuring monetization of the user data that is vended.
In summary, independent claims 1, 11 and 16 of U.S. Patent 12,100,025 B2 in view of Pead; (US 2018/0144153 A1), Zalila-Wenkstern (US 2012/0259826 A1), and Simons; (US 2019/0342095 A1) teach all the features of independent claims 1, 11 and 16 of the instant application as indicated in the table above. Although claims 1, 11 and 16 of U.S. Patent 12,100,025 B2, in view of Pead; (US 2018/0144153 A1), Zalila-Wenkstern (US 2012/0259826 A1), and Simons; (US 2019/0342095 A1) has additional underlined features (bold limitations in the table above) such as {e.g., automatically capturing one or more data elements associated with user data of a user from one of a plurality of sources utilizing the data platform without user interaction, wherein the data elements are captured in response to creation or change of the user data in one or more accounts or services associated with the user; receiving user preferences from a user through a user interface specifying permissions for the data platform to capture and utilize the user data including the one or more accounts and services utilized by the user; tokenizing the user data in one or more blockchain tokens according to the user preferences received through the user interface specifying permissions for capturing and utilizing the user data, wherein a data refinery including at least logic of the data platform performs tokenization; storing the user data in a secure location associated with the data platform including at least a database; automatically vending the one or more blockchain tokens associated with the user data according to the user preferences associated with the user to one of a plurality of parties, wherein the user data is accessible from the secure location associated with the data platform utilizing an indicator included in the one or more blockchain tokens; and compensating the user from the data platform for vending the user data associated with the one or more blockchain tokens according to the user preferences utilizing currency or cryptocurrency}; however, it has been held that deleting elements when the function of element is not desired is obvious. See MPEP 2144.04 Section II. Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify or to omit the additional elements of 1, 11 and 16 of U.S. Patent 12,100,025 B2 the to arrive at the claims 1, 11 and 16 of the instant application because the person of ordinary skill would have realized that the remaining element would perform the same functions as before. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U. S. Court of Customs and Patent Appeals.
Further, bold limitations in independent claims 1, 11 and 16 of U.S. Patent 12,100,025 B2 also teach dependent claims 2m 3, 7 and 19 of the instant application. In addition, dependent claims {3,12,17}; {5,15}; {6}; {8}; {9,14,20}; and {10} of U.S. Patent 12,100,025 B2 respectively teach all the features of dependent claims {4,12,17}; {5}; {8}; {9,15}; {14}; and {10} of the instant application as indicated in the table above.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
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.
6. Rejection under 101 for claims 1-20 has been withdrawn since amended independent claims 1, 11 and 16 as a whole recites a combination of limitations that has been found as significantly more.
Claim Rejections - 35 USC § 103
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
7. Claims 1-4, 6-8, 10-12, 14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Pead; (US 2018/0144153 A1); in view of Bloxton; (US 2021/0082548 A1), in view of Zalila-Wenkstern; (US 2012/0259826 A1), and further in view of Simons; (US 2019/0342095 A1):
8. Independent claims 1, 11 and 16: Pead teaches a method and system for monetizing user data utilizing a data platform, comprising: a plurality of electronic devices executing a data application, the data application is configured to automatically capture the user data associated with a user; and a data platform accessible by the plurality of electronic devices executing the data application through one or more networks {At least fig. 1 paras 0039-0040, 0047-0053}, wherein the data platform:
receiving user preferences through a secure user interface of the data platform for managing the user data in the data platform (step/limitation 1) {e.g., see settings or preferences of user to control using sharing user data e.g., user’s preference for the digital verification system to prompt the user each time transaction data is shared to the third-party provider system and user can select what information/category the user want to share…etc., in in fig. 7 paras 0096-0100 especially paras 0097-0100};
automatically (see fig. 8 paras 0103-0111) capturing the user data from a plurality of sources according to the user preferences utilizing the data platform, and encrypts the user data that is captured (paras 0119, 0125) (part of step/limitation 2) {At least paras 0043-0045 in context with examples in fig. 6 paras 0089-0100 and fig. 8 paras 0103-0111. Also see para 0026-0027, fig. 3 para 0059, fig. 4 para 0080-0081 and especially fig. 9 especially paras 0117-0120, 0125};
creating one or more blockchain tokens (e.g., e.g., matching token/copy of the user security token/ paired security token is stored within a blockchain secure database of the digital verification system in fig. 1 paras 0032, 0068 and 0120, 0125) based on the user data utilizing the data platform (part of step/limitation 3) {At least fig. 1 paras 0032, 0068, 0116-0120 in context with fig. 6 especially para 0059, fig. 4 especially para 0081, fig. 9 especially paras 0119-0120, 0125-0126} ;
monetizing the user data (e.g., vending user data in para 0034, fig 9 paras 0123-0124) in accordance with the user preferences (e.g., see settings or preferences of user to control using sharing user data e.g., user’s preference for the digital verification system to prompt the user each time transaction data is shared to the third-party provider system and user can select what information/category the user want to share…etc., in in fig. 7 paras 0096-0100 especially paras 0097-0100) (step/limitation 4) {At least fig. 1 paras 0029-0034 especially para 0032. See example in At least fig. 9 especially paras 0120-0124 in context with fig. 7 paras 0096-0101};
compensating (e.g., promotion, discount or another offer, in exchange for user information in at least para 0036) the user for monetizing the user data (part of step/limitation 5) {At least paras 0034-0036 especially para 0036 in context with example in fig. 9 especially paras 0120-0124. Also see paras 0056-0057}.
However, Pead does not explicitly teach the underlined features: “tokenizing the user data in one or more blockchain tokens utilizing the data platform” (part of step/limitation 3).
Bloxton teaches tokenizing user data in one or more blockchain tokens utilizing a data platform {At least paras 0161-0167 in context with para 0126}.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify “creating one or more blockchain tokens based on the user data utilizing the data platform” of Pead to include “tokenizing user data in one or more blockchain tokens utilizing a data platform”, taught by Bloxton so that the combination of Pead and Bloxton would yield “tokenizing the user data in one or more blockchain tokens utilizing the data platform”. One would be motivated to do this in order to increase security and protect user privacy data more efficiently.
However, the combination of Pead and Bloxton does not explicitly teach the underlined features: “wherein the data platform periodically scans the plurality of sources” (part of step/limitation 2).
Zalila-Wenkstern teaches a general concept of periodically scans a plurality of sources (to collect/update the user data) {At least para 0054).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify “automatically capturing the user data from a plurality of sources according to the user preferences, and encrypts the user data that is captured” of the combination of Pead and Bloxton to include “periodically scans a plurality of sources”, taught by Zalila-Wenkstern. One would be motivated to do this in order to collect new user data for updating the user data.
However, the combination of Pead, Bloxton and Zalila-Wenkstern does not explicitly teach the underlined features: “compensating the user for monetizing the user data as tracked by a distributed ledger, wherein the payments to the user are executed by the data platform with one or more of the plurality of electronic devices”. The Examiner notes that the underlined limitations “as tracked…. and “…. are executed….” are given no patentable weight because “tracked by a distributed ledger” and “executed” are not positively recited in the claims. However, these limitations has been covered by Simons below.
Simons teaches compensating user for monetizing user data as tracked by a distributed ledger (paras 0022-0024, 0032, 0036-0044, fig. 2 paras 0052-0062, fig. 3 paras 0064-0069), wherein payments (paras 0022, 0052, 0062, 0068) to the user are executed by a data platform with one or more of a plurality of electronic devices (fig2-3) {At least paras 0022, 0037-0046, figs. 2-3 paras 0051-0069 especially fig. 3 paras 0064-0069}.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify “compensating the user for monetizing the user data” of the combination of Pead, Bloxton and Zalila-Wenkstern to include “monetizing user data as tracked by a distributed ledger, wherein payments to the user are executed by a data platform with one or more of a plurality of electronic devices”, taught by Simons. One would be motivated to do this because a decentralized ledger, as opposed to the centralized one, does not require any central body or middleman to verify the common data access transactions. The trust is instead put in the network through proof of verification processing, which makes the ledger immutable and practically impossible to manipulate. Since there is no single point of failure in the blockchain, the distributed data storage system can survive catastrophic events {Simons: At least para 0038}.
9. Claim 2: The combination of Pead, Bloxton, Zalila-Wenkstern and Simons teaches the claimed invention as in claim 1. The combination further teaches wherein monetizing further comprises vending (para 0034, fig 9 para 0123-0124) the one or more blockchain tokens (e.g., a paired security token from blockchain security database of the digital verification system in fig. 9 para 0120; and/or matching token/copy of the user security token/ paired security token is stored within a blockchain secure database of the digital verification system in fig. 1 paras 0032, 0068 and 0120, 0125) {Pead: At least fig. 1 paras 0029-0034 especially para 0032. See example in At least fig. 9 especially paras 0120-0124 in context with fig. 7 paras 0096-0101}.
10. Claim 3: The combination of Pead, Bloxton, Zalila-Wenkstern and Simons teaches the claimed invention as in claim 1. The combination further teaches wherein the user data includes one or more data elements {Pead: At least paras 0043-0045 in context with examples in fig. 6 paras 0089-0100 and fig. 8 paras 0103-0111. Also see para 0026-0027, fig. 3 para 0059, fig. 4 para 0080-0081 and especially fig. 9 especially paras 0117-0120}.
11. Claims 4, 12 and 17: The combination of Pead and Bloxton teaches the claimed invention as in claims 1, 11 and 16 respectively. The combination further teaches wherein the user data is automatically (see fig. 8 paras 0103-0111) captured in response to receiving initial data elements including the one or more data elements {Pead: At least paras 0043-0045 in context with examples in fig. 6 paras 0082, 0089-0101 and fig. 8 paras 0103-0111. Also see para 0026-0027, fig. 3 para 0059, fig. 4 para 0080-0081 and especially fig. 9 especially paras 0117-0120}, modifying the one or more data elements {Pead: At least paras 0085-0087, 0110, 0102}, updating the one or more data elements (Pead: At least paras 0085-0087, 0110, 0102), and verifying the one or more data elements {Pead: At least para 0086-0088}.
12. Claims 6 and 18: The combination of Pead, Bloxton, Zalila-Wenkstern and Simons teaches the claimed invention as in claims 1, and 16 respectively. The combination further teaches wherein the user data is stored in the one or more blockchain tokens {Bloxton: At least paras 0161-0167 in context with para 0126}.
13. Claims 7 and 19: The combination of Pead, Bloxton, Zalila-Wenkstern and Simons teaches the claimed invention as in claims 1, and 16 respectively. The combination further teaches wherein the user data is stored in a secure location associated with the data platform and accessible utilizing an indicator (e.g., private key in paras 0032, or e.g., public key in para 0119-0120 and 0125) included in the one or more blockchain tokens (e.g., e.g., matching token/copy of the user security token/ paired security token is stored within a blockchain secure database of the digital verification system in fig. 1 paras 0032, 0068 and 0120, 0125) {Pead: At least fig. 1 paras 0029-0034 especially para 0032. See example in At least fig. 9 especially paras 0120-0124 in context with fig. 7 paras 0096-0101}.
14. Claim 8: The combination of Pead, Bloxton, Zalila-Wenkstern and Simons teaches the claimed invention as in claim 1. The combination further teaches teaches wherein a blockchain token is created for each unique data set associated with the user data {Pead: At least fig. 9 paras 0125-0126, 0119}.
15. Claim 10: The combination of Pead, Bloxton, Zalila-Wenkstern and Simons teaches the claimed invention as in claim 1. The combination further teaches wherein the monetizing further comprises receiving offers from the one of the plurality of parties to access the user data utilizing the one or more blockchain tokens {Pead: At least 0034-0036}, and also
Simons teaches receiving payments (e.g., currency based such as monetary compensation, cryptocurrency in para 0068) from the one of the plurality of parties to access the user data utilizing the one or more tokens {At least para 0068, 0022 in context with fig 3 paras 0064-0067}.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify “wherein the monetizing comprises receiving offer (e.g., promotion, discounts) from the one of the plurality of parties to access the user data utilizing the one or more blockchain tokens” of the combination of Pead, Bloxton, Zalila-Wenkstern and Simons to include “receiving payments from the one of the plurality of parties to access the user data utilizing the one or more tokens”, taught by Simons. One would be motivated to do this in order to enrich the source of reward/compensation to the user for accessing the user data. This in turn would enhance the user experience and satisfaction.
16. Claim 14: The combination of Pead, Bloxton, Zalila-Wenkstern and Simons teaches the claimed invention as in claim 11. The combination further teaches validate request for a transaction associated with the vending; and ensures secure utilization of the user data {Pead: At least paras 0120-0124, 0129, 0032}. However, the combination of Pead, Bloxton, and Zalila-Wenkstern does not explicitly teach the underlined features: “generating a timestamp for a transaction associated with the vending; and storing transaction information including the timestamp as part of the vending”.
Simons teaches generating a timestamp for a transaction associated with the vending; and storing transaction information including the timestamp as part of the vending {At least para 0041 in context with para 0022, fig. 2 especially para 0062 and fig. 3 especially para 0069}. Simons also teaches ensures secure utilization of the user data (already taught by Pead above) {At least in para 0022, fig. 2 paras 0052-0062 and fig. 3 paras 0063-0069, also claims 1-9}
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify “validate request for a transaction associated with the vending; and ensures secure utilization of the user data” of the combination of Pead, Bloxton, and Zalila-Wenkstern to include “generating a timestamp for a transaction associated with the vending; and storing transaction information including the timestamp as part of the vending”, taught by Simons. One would be motivated to do this in order to record/ keep track of the transaction with more details to enhance integrity and security.
17. Claim 20: The combination of Pead, Bloxton, Zalila-Wenkstern and Simons teaches the claimed invention as in claim 16. The combination further teaches wherein the set of instructions are further executed to ensure secure utilization of the user data {Pead: At least paras 0120-0129, 0032}.
18. Claim 5 is rejected under 35 U.S.C. 103(a) as being unpatentable over Pead; (US 2018/0144153 A1); in view of Bloxton; (US 2021/0082548 A1), in view of Zalila-Wenkstern; (US 2012/0259826 A1), in view of Simons; (US 2019/0342095 A1), and further in view of Sweeney et al; (US 2021/0192075 A1):
19. Claim 5: The combination of Pead, Bloxton, Zalila-Wenkstern and Simons teaches the claimed invention as in claim 1. The combination further teaches wherein the user preferences include permissions for capturing, utilizing the user data {Pead: At least paras 0026-0036, 0097-0100}.
However, the combination of Pead, Bloxton, Zalila-Wenkstern and Simons does not explicitly teach the underlined feature: “wherein the user preferences include permissions for capturing, utilizing, and monetizing the user data”.
Sweeney teaches wherein the user preferences include permissions for capturing, utilizing, and monetizing (paras 0051-0055) the user data {Sweeney: At least paras 0048-0080 in figs. 3A-3M and also figs. 3N-3O}.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify “wherein the user preferences include permissions for capturing, utilizing the user data” of the combination of Pead, Bloxton, Zalila-Wenkstern and Simons to include “wherein the user preferences include permissions for capturing, utilizing, and monetizing the user data”, taught by Sweeney. one would be motivated to do this in order to enable flexible and secure control of potentially private data transmitted over networks, and of data sets representing consents authorizing access, use, and otherwise processing such data {Sweeney: At least para 0002}.
20. Claims 9 and 15 are rejected under 35 U.S.C. 103(a) as being unpatentable over Pead; (US 2018/0144153 A1); in view of Bloxton; (US 2021/0082548 A1), in view of Zalila-Wenkstern; (US 2012/0259826 A1), in view of Simons; (US 2019/0342095 A1), and further in view of Leekley; (US 2019/0087844 A1):
21. Claims 9 and 15: The combination of Pead, Bloxton, Zalila-Wenkstern and Simons teaches the claimed invention as in claims 1, and 11 respectively. The combination further teaches utilizing the user preferences controlling utilization of the user data {Pead: At least paras 0026-0036, 0097-0100}. However, the combination does not explicitly teach the underlined features: “creating a smart contract utilizing the user preferences controlling utilization of the user data”.
Leekley teaches creating a smart contract controlling utilization of the user data {At least fig. 1 para 0049}.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify “utilizing the user preferences controlling utilization of the user data” of the combination of Pead, Bloxton, Zalila-Wenkstern and Simons to include “creating a smart contract controlling utilization of the user data”, taught by Leekley. One would be motivated to do this since using smart contracts allows parties to carry out transactions and agreements without the need for an intermediary, legal system, or external enforcement mechanism, and thus, cutting out any fees owed to these third parties while promoting frictionless transactions.
Prior Art that is pertinent to Applicant’s disclosure
22. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Duccini et al; (US 11,074,648 B1), wherein teaches tokenizing the user data in one or more blockchain tokens; storing the user data in a secure location associated with the data platform including at least a database; and vending the user data utilizing the one or more blockchain tokens in at least cl. 17 lines 26-36.
Kurian; (US 2020/0272760 A1); wherein teaches tokenizing the user data in one or more blockchain tokens; storing the user data in a secure location associated with the data platform including at least a database; and vending the user data utilizing the one or more blockchain tokens in at least para 0036 in context with paras 0005 and 0019.
Simons; (US 2019/0342095 A1), wherein teaches receiving one or more data elements associated with user data of a user from one of a plurality of sources; creating one or more tokens based on the user data; storing the user data m a secure location: vending the user data to one of a plurality of parties utilizing the one or more tokens, wherein the user data is accessible from the secure location utilizing an indicator included in the one or more tokens and compensating the user for vending the user data in at least Abstract, para 0016-0022, 0034-0046, figs 2-3 paras 0050-0069 and claims 1-9.
Marlin et al; (US 2019/0347442 A1), wherein teaches advertisers/third party providers compensate/reward the users in exchange for accessing user data in the blockchain system in at least in fig. 6 para 0039, fig. 14 para 0046. In addition, see Postrel; (US 2019/0019208 A1), wherein teaches the mentioned features in at least Abstract, para 0002. Further see other reference in PTO-892 form.
Response to Arguments
23. Regarding double patenting rejection: Double patenting rejection has been maintained since a terminal disclaimer has not been filed.
Regarding 101: Rejection under 101 for claims 1-20 has been withdrawn since amended independent claims 1, 11 and 16 as a whole recites a combination of limitations that has been found as significantly more.
Regarding 103: The Office respectfully submits that Applicant’s arguments have been fully considered but are moot in view of a new ground rejection. Please see new added references: Zalila-Wenkstern; (US 2012/0259826 A1), and Simons; (US 2019/0342095 A1) to the above rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thuy Nguyen whose telephone number is 571-272-4585 and fax number is 571-273-4585. The examiner can normally be reached on Mon-Fri, 8:30 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, Ilana Spar can be reached on 571-270-7537. The FAX number for the organization where this application or proceeding is assigned is 571-273-4585.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THUY N NGUYEN/Primary Examiner, Art Unit 3622.