DETAILED ACTION
Acknowledgements
The amendment filed on 01/14/2025 is acknowledged.
Claims 21-40 are pending.
Claims 21-40 have been examined.
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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 21-25, 27-32, 34-38 and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,169,830. Although the claims at issue are not identical, they are not patentably distinct from each other.
18/936,333
U.S. Patent No. 12,169,830
21. (New) A non-transitory computer-readable medium comprising program code that is executable by one or more processors for causing the one or more processors to:
enable a first artificially intelligent entity to request a virtual item or service from a second artificially intelligent entity;
facilitate a blockchain transaction for transferring an amount of cryptocurrency tokens from a first digital wallet associated with the first artificially intelligent entity to a second digital wallet associated with the second artificially intelligent entity in exchange for the virtual item or service; and
based on the amount of cryptocurrency tokens being transferred from the first digital wallet to the second digital wallet, grant the first artificially intelligent entity access to the virtual item or service associated with the second artificially intelligent entity.
1. A non-transitory computer-readable medium comprising program code that is executable by one or more processors for causing the one or more processors to:
establish a virtual marketplace in a virtual ecosystem, the virtual marketplace including virtual items or services that are purchasable by a first artificially intelligent entity;
receive a first amount of cryptocurrency tokens via a first blockchain transaction from a first digital wallet associated with the first artificially intelligent entity, the first amount of cryptocurrency tokens being provided by the first artificially intelligent entity to purchase a first virtual item or service from the virtual marketplace, wherein the first amount of cryptocurrency tokens corresponds to a preset purchase price for the first virtual item or service in the virtual marketplace;
in response to receiving the first amount of cryptocurrency tokens, grant the first artificially intelligent entity access to the first virtual item or service;
enable the first artificially intelligent entity to request a second virtual item or service from a second artificially intelligent entity;
facilitate a second blockchain transaction for transferring a second amount of cryptocurrency tokens from the first digital wallet associated with the first artificially intelligent entity to a second digital wallet associated with the second artificially intelligent entity in exchange for the second virtual item or service; and
based on the second amount of cryptocurrency tokens being transferred from the first digital wallet to the second digital wallet, grant the first artificially intelligent entity access to the second virtual item or service associated with the second artificially intelligent entity.
22. (New) The non-transitory computer-readable medium of claim 21, wherein the amount of cryptocurrency tokens are received at a third digital wallet associated with a blockchain.
2. The non-transitory computer-readable medium of claim 1, wherein the first amount of cryptocurrency tokens are received at a third digital wallet associated with a blockchain.
23. (New) The non-transitory computer-readable medium of claim 21, wherein the virtual item or service involves a non-fungible token (NFT).
3. The non-transitory computer-readable medium of claim 1, wherein the first virtual item or service comprises a non-fungible token (NFT).
24. (New) The non-transitory computer-readable medium of claim 21, wherein an intelligence level of the first artificially intelligent entity is dictated by a total number of cryptocurrency tokens assigned to the first digital wallet on a blockchain.
4. The non-transitory computer-readable medium of claim 1, wherein an intelligence level of the first artificially intelligent entity is dictated by a total number of cryptocurrency tokens assigned to the first digital wallet on a blockchain.
25. (New) The non-transitory computer-readable medium of claim 21, further comprising program code that is executable by the one or more processors for causing the one or more processors to:
train an artificial intelligence (Al) engine using a set of training data, wherein the Al engine is configured to support the first artificially intelligent entity.
5. The non-transitory computer-readable medium of claim 1, further comprising program code that is executable by the one or more processors for causing the one or more processors to:
train an artificial intelligence (AI) engine using a set of training data, wherein the AI engine is configured to support the first artificially intelligent entity.
27. (New) The non-transitory computer-readable medium of claim 21, further comprising program code that is executable by the one or more processors for causing the one or more processors to:
enable the second artificially intelligent entity to post one or more virtual items or services for sale in a virtual marketplace.
6. The non-transitory computer-readable medium of claim 1, further comprising program code that is executable by the one or more processors for causing the one or more processors to:
enable the second artificially intelligent entity to post one or more virtual items or services for sale in the virtual marketplace.
28. (New) A method comprising:
enabling, by one or more processors, a first artificially intelligent entity to request a virtual item or service from a second artificially intelligent entity;
facilitating, by the one or more processors, a blockchain transaction for transferring an amount of cryptocurrency tokens from a first digital wallet associated with the first artificially intelligent entity to a second digital wallet associated with the second artificially intelligent entity in exchange for the virtual item or service; and
based on the amount of cryptocurrency tokens being transferred from the first digital wallet to the second digital wallet, granting, by the one or more processors, the first artificially intelligent entity access to the virtual item or service associated with the second artificially intelligent entity.
7. A method comprising:
establishing, by one or more processors, a virtual marketplace in a virtual ecosystem, the virtual marketplace including virtual items or services that are purchasable by a first artificially intelligent entity;
receiving, by the one or more processors, a first amount of cryptocurrency tokens via a first blockchain transaction from a first digital wallet associated with the first artificially intelligent entity, the first amount of cryptocurrency tokens being provided by the first artificially intelligent entity to purchase a first virtual item or service from the virtual marketplace;
in response to receiving the first amount of cryptocurrency tokens, granting, by the one or more processors, the first artificially intelligent entity access to the first virtual item or service;
enabling, by the one or more processors, the first artificially intelligent entity to request a second virtual item or service from a second artificially intelligent entity;
facilitating, by the one or more processors, a second blockchain transaction for transferring a second amount of cryptocurrency tokens from the first digital wallet associated with the first artificially intelligent entity to a second digital wallet associated with the second artificially intelligent entity in exchange for the second virtual item or service; and
based on the second amount of cryptocurrency tokens being transferred from the first digital wallet to the second digital wallet, granting, by the one or more processors, the first artificially intelligent entity access to the second virtual item or service associated with the second artificially intelligent entity.
29. (New) The method of claim 28, wherein the amount of cryptocurrency tokens are received at a third digital wallet associated with a blockchain.
8. The method of claim 7, wherein the first amount of cryptocurrency tokens are received at a third digital wallet associated with a blockchain.
30. (New) The method of claim 28, wherein the virtual item or service involves a non-fungible token (NFT).
9. The method of claim 7, wherein the first virtual item or service comprises a non-fungible token (NFT).
31. (New) The method of claim 28, wherein an intelligence level of the first artificially intelligent entity is dictated by a total number of cryptocurrency tokens assigned to the first digital wallet on a blockchain.
10. The method of claim 7, wherein an intelligence level of the first artificially intelligent entity is dictated by a total number of cryptocurrency tokens assigned to the first digital wallet on a blockchain.
32. (New) The method of claim 28, further comprising training an artificial intelligence (Al) engine using a set of training data, wherein the Al engine is configured to support the first artificially intelligent entity.
11. The method of claim 7, further comprising training an artificial intelligence (AI) engine using a set of training data, wherein the AI engine is configured to support the first artificially intelligent entity.
34. (New) The method of claim 28, further comprising:
enabling the second artificially intelligent entity to post one or more virtual items or services for sale in a virtual marketplace.
12. The method of claim 7, further comprising:
enabling the second artificially intelligent entity to post one or more virtual items or services for sale in the virtual marketplace.
35. (New) A system comprising:
one or more processors; and
one or more memories including program code that is executable by the one or more processors for causing the one or more processors to:
based on a request from a first artificially intelligent entity to a second artificially intelligent entity for a virtual item or service, facilitate a blockchain transaction for transferring an amount of cryptocurrency tokens from a first digital wallet associated with the first artificially intelligent entity to a second digital wallet associated with the second artificially intelligent entity in exchange for the virtual item or service; and
based on the amount of cryptocurrency tokens being transferred from the first digital wallet to the second digital wallet, grant the first artificially intelligent entity access to the virtual item or service associated with the second artificially intelligent entity.
13. A system comprising:
one or more processors; and
one or more memories including program code that is executable by the one or more processors for causing the one or more processors to:
establish a virtual marketplace in a virtual ecosystem, the virtual marketplace including virtual items or services that are purchasable by a first artificially intelligent entity;
receive a first amount of cryptocurrency tokens via a first blockchain transaction from a first digital wallet associated with the first artificially intelligent entity, the first amount of cryptocurrency tokens being provided by the first artificially intelligent entity to purchase a first virtual item or service from the virtual marketplace, wherein the first amount of cryptocurrency tokens corresponds to a preset purchase price for the first virtual item or service in the virtual marketplace;
in response to receiving the first amount of cryptocurrency tokens, grant the first artificially intelligent entity access to the first virtual item or service;
based on a request from the first artificially intelligent entity to a second artificially intelligent entity for a second virtual item or service, facilitate a second blockchain transaction for transferring a second amount of cryptocurrency tokens from the first digital wallet associated with the first artificially intelligent entity to a second digital wallet associated with the second artificially intelligent entity in exchange for the second virtual item or service; and
based on the second amount of cryptocurrency tokens being transferred from the first digital wallet to the second digital wallet, grant the first artificially intelligent entity access to the second virtual item or service associated with the second artificially intelligent entity.
36. (New) The system of claim 35, wherein the amount of cryptocurrency tokens are received at a third digital wallet associated with a blockchain.
14. The system of claim 13, wherein the first amount of cryptocurrency tokens are received at a third digital wallet associated with a blockchain.
37. (New) The system of claim 35, wherein an intelligence level of the first artificially intelligent entity is dictated by a total number of a particular type of cryptocurrency tokens assigned to the first digital wallet on a blockchain.
15. The system of claim 13, wherein an intelligence level of the first artificially intelligent entity is dictated by a total number of a particular type of cryptocurrency tokens assigned to the first digital wallet on a blockchain.
38. (New) The system of claim 35, further comprising program code that is executable by the one or more processors for causing the one or more processors to:
train an artificial intelligence (Al) engine using a set of training data, wherein the Al engine is configured to support the first artificially intelligent entity.
16. The system of claim 13, further comprising program code that is executable by the one or more processors for causing the one or more processors to:
train an artificial intelligence (AI) engine using a set of training data, wherein the AI engine is configured to support the first artificially intelligent entity.
40. (New) The system of claim 35, wherein the one or more memories further comprise program code that is executable by the one or more processors for causing the one or more processors to:
enable the second artificially intelligent entity to post one or more virtual items or services for sale in a virtual marketplace.
17. The system of claim 13, wherein the one or more memories further comprise program code that is executable by the one or more processors for causing the one or more processors to:
enable the second artificially intelligent entity to post one or more virtual items or services for sale in the virtual marketplace.
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 21-40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Analysis
In the instant case, claims 28-34 are directed to a method, claims 21-27 and 35-40 are directed to an apparatus and a system. Therefore, these claims fall within the four statutory categories of invention.
The claim(s) recite(s) financial transaction. Specifically, the claims recite “enabling, by one or more processors, a first artificially intelligent entity to request a virtual item or service from a second artificially intelligent entity; facilitating, by the one or more processors, a blockchain transaction for transferring an amount of cryptocurrency tokens from a first digital wallet associated with the first artificially intelligent entity to a second digital wallet associated with the second artificially intelligent entity in exchange for the virtual item or service; and based on the amount of cryptocurrency tokens being transferred from the first digital wallet to the second digital wallet, granting, by the one or more processors, the first artificially intelligent entity access to the virtual item or service associated with the second artificially intelligent entity.”, which is “commercial or legal interactions” within the “certain methods of organizing human activity” grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See MPEP 2106) because the claims involve a series of steps for financial transaction. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See MPEP 2106), the additional element(s) of the claim(s) such as the use of AI entities, blockchain, digital wallet, processors and memories merely use(s) a computer as a tool to perform an abstract idea. The processors and memories are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of financial transaction) such that it amounts no more than mere instructions to apply the exception using a generic computer components. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using AI entities, blockchain, digital wallet, processors and memories perform financial transaction steps amounts to no more than mere instructions to apply the exception using a generic computer components. Mere instructions to apply an exception using a generic computer components cannot provide an inventive concept. The claim is not patent eligible.
Dependent claims 22, 29 and 36 describe cryptocurrency token received by a third digital wallet.
Dependent claims 23, and 30 describe virtual item or service. Dependent claims 24, 31 and 37 describe intelligence level of the first AI entity is associated with the amount of token in its wallet. Dependent claims 25, 32 and 38 describe training an AI engine. Dependent claims 26, 33 and 39 describe the first AI entity. Dependent claims 27, 34 and 40 describe enabling the second AI entity to perform task. These claims further recite the abstract idea of certain methods of organizing human activity. This judicial exception is not integrated into a practical application because the additional element(s) of the claim(s) such as the use of AI entities, blockchain, digital wallet, processors and memories merely use(s) a computer as a tool to perform an abstract idea. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claims are not patent eligible.
Viewed as a whole, the combination of elements recited in the claims simply recite the concept of financial transaction. The claims do not, for example, purport to improve the functioning of the computer itself. Nor do they effect an improvement in any other technology or technical field.
The use of a AI entities, blockchain, digital wallet, processors and memories as tools to implement the abstract idea does not render the claim patent eligible because it does not provide meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment and requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea.
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.
Claims 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over US Application Publication US20200005284A1 (“Vijayan”) in view of US Grant Publication US11355098B1 (“Zhong et al.”).
Regarding claims 21, 28 and 35, Vijayan discloses:
enable a first entity to request a virtual item or service from a second entity; (¶0105)
facilitate a blockchain transaction for transferring an amount of cryptocurrency tokens from a first digital wallet associated with the first artificially intelligent entity to a second digital wallet associated with the second artificially intelligent entity in exchange for the virtual item or service; and (Fig. 9; ¶0088, ¶0100, ¶0105, ¶0107, ¶0109)
based on the amount of cryptocurrency tokens being transferred from the first digital wallet to the second digital wallet, grant the first artificially intelligent entity access to the virtual item or service associated with the second entity. (¶0068-69 and ¶0105).
Lelcuk et al. does not explicitly disclose:
wherein entity is an artificially intelligent entity;
However, Zhong et al. discloses:
wherein entity is an artificially intelligent entity; (col 2 lines 39-43)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Systems and Methods for Implementing Blockchain-based Content Engagement Platforms Utilizing Media Wallets of Vijayan by including artificially intelligent entity in accordance with the teaching of Zhong et al.. This modification enables the modified system to support AI entity and provides convenience for users.
Regarding claims 22, 29 and 36, Vijayan in view of Zhong et al. discloses all limitations as described above. Vijayan further discloses:
wherein the amount of cryptocurrency tokens are received at a third digital wallet associated with a blockchain. (¶0067, ¶0086 and ¶0105)
Regarding claims 23 and 30, Vijayan in view of Zhong et al. discloses all limitations as described above. Vijayan further discloses:
wherein the virtual item or service involves a non-fungible token (NFT). (¶0105)
Regarding claims 24, 31 and 37, Vijayan in view of Zhong et al. discloses all limitations as described above. Zhong et al. further discloses:
a total number of cryptocurrency tokens assigned to the first digital wallet on a blockchain (abs, ¶0010, and ¶0113)
Zhong et al. further discloses:
wherein an intelligence level of the first artificially intelligent entity is dictated by more data (col 5 lines 18-25)
Examiner note, one of ordinary skilled in the art would understand that more tokens in the wallet, it provides more resources for the artificially intelligent entity to conduct transaction. Hence, it improves the function and capability of the artificially intelligent entity. Function and capability of the artificially intelligent entity is interpreted as intelligence.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Systems and Methods for Implementing Blockchain-based Content Engagement Platforms Utilizing Media Wallets of Vijayan by continuedly providing additional resources to artificially intelligent entity in accordance with the teaching of Zhong et al.. This modification ensures improvement of intelligence level for the artificially intelligent entity
Regarding claims 25, 32 and 38, Vijayan in view of Zhong et al. discloses all limitations as described above. Zhong et al. further discloses:
train an artificial intelligence (Al) engine using a set of training data, wherein the Al engine is configured to support the first artificially intelligent entity. (col 9 lines9 - 20; col 20 lines 3 -20; col 24 lines 63 – col 25 line 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Systems and Methods for Implementing Blockchain-based Content Engagement Platforms Utilizing Media Wallets of Vijayan by including artificially intelligent entity in accordance with the teaching of Zhong et al.. This modification enables the modified system to support AI entity and provides convenience for users.
Regarding claims 26, 33 and 39, Vijayan in view of Zhong et al. discloses all limitations as described above. Vijayan further discloses:
wherein the first artificially intelligent entity is represented by a non-fungible token (NFT) on a blockchain. (¶0009 and ¶0065)
Regarding claims 27, 34 and 40, Vijayan in view of Zhong et al. discloses all limitations as described above. Vijayan further discloses:
enable the second artificially intelligent entity to post one or more virtual items or services for sale in a virtual marketplace. (¶0045, ¶0067, ¶0088 and ¶0091).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20210152557A1 (“Lelcuk et al.”) discloses a method and system for controlling access to a protected entity. The method includes receiving a redirected client request to access the protected entity that the protected entity denied; granting, in response to the received redirected request, access tokens of a first type to a client; identifying a conversion transaction identifying a request to convert the first type of access tokens with access tokens of a second type, the transaction designating the protected entity; determining a conversion value for converting first-type access tokens into second-type of access tokens, the conversion value being based on at least one access parameter; converting, using the conversion value, a first sum of the first-type access tokens into a second sum of second-type access tokens; and granting the client access to the protected entity when the sum of second-type of access tokens is received as a payment from the protected entity.
US20210248594A1 (“Yantis et al.”) discloses systems, methods, platforms, and devices that generate, store, transact, transfer, exchange, and/or otherwise process digital tokens are described. In embodiments, systems, methods, platforms, and devices obtain an identifier for an item that includes a set of item attributes, generate a digital token including a set of digital attributes that correspond to the set of item attributes, and cryptographically link the digital token to one or more units of the item. The digital token may be transferred, exchanged, redeemed, or otherwise transacted, which provides both the flexibility and convenience of virtual item transactions and the reliability and value of physical item transactions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YINGYING ZHOU whose telephone number is (571)272-5308. The examiner can normally be reached Mon - Fri 9:00am - 5:00pm ET.
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/YINGYING ZHOU/Examiner, Art Unit 3697