DETAILED ACTION
This is a non-final office action on the merits. The U.S. Patent and Trademark Office (the Office) has received claims 1 -20 in application 19/013432.
Claims 1-20 are pending and have been examined on the merits.
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are (generic placeholders are BOLDED; associated functions are UNDERLINDED:
Claim 1: “analyzer to verify”, “modules”, “analyzer includes facial recognition”, and “modules to encrypt”.
Claim 2: “modules provide”.
Claim 5: “module” and “module having a voting blockchain ledger”.
Claim 9: “module” and “module provides”.
Claim 10: “module tracking”.
Claim 11: “method” “providing” ,“analyzer to verify”, “modules”, “analyzer includes facial recognition” ,“validating”, and “encrypting”.
Claim 12: “modules provide”.
Claim 15: “providing” and “module”.
Claim 19: “providing”, “module”, “module provides” .
Claim 20: “providing”, “analyzer to verify”, “modules”, “module”, “analyzer includes facial recognition”, “validating”, and “encrypting”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goguin (US20220060329A1), in view of Goswami (US20200258338A1), and in further view of Nikolina (US20210097796A1).
Regarding Claim 1. Goguin teaches:
An encrypted voting blockchain ledger system comprising:
Goguin - a digital voting system 100… and a digital voting platform 108 (¶ 0030). The digital voting platform 108 implements a Voting Chain (VC). The VC is implemented as a Blockchain containing a plurality of blocks (¶ 0038).
a digital voting blockchain network having an encryption to secure a voting process;
Note – a blockchain plus cryptographic functions (AES, ECDA, SHA) is an encrypted digital voting blockchain network that secures the voting process.
Goguin - These ballots are also signed by the Voting Administration (VA) implying the authenticity of the ballots (¶0027). The digital voting platform 108 implements a Voting Chain (VC). The VC is implemented as a Blockchain (¶ 0038). cryptographic functions such as, but not limited to, Advanced Encryption Standard (AES), Elliptic Curve Digital Signature Algorithm (ECDSA), and Secure Hash Algorithms (SHA)…The keys are stored in a secured memory (¶ 0049).
a mobile application;
Goguin - the voting process is entirely fulfilled through an application that resides on a personal communication device such as, but not limited to, a phone, a tablet or any mobile device (0014). user installs a dedicated application on a personal device (¶ 0021).
an electronic computing device;
Goguin - The VA 102 may be associated with one or more computing devices such as, but not limited to, one or more servers, desktop computers, laptop computers, mobile devices, smart phones or any other type of device (¶ 0031).
a plurality of encryption modules; and
Note – The cryptographic libraries (AES, ECDSA, SHA) and related key-handling components are encryption modules; there are multiple distinct modules performing encryption and signing.
Goguin - The user enters a master password while installing the application. This password is used to encrypt locally data that may include, but are not limited to, key pairs, ballots, and votes before they are submitted (¶ 0022). cryptographic functions such as, but not limited to, Advanced Encryption Standard (AES), Elliptic Curve Digital Signature Algorithm (ECDSA), and Secure Hash Algorithms (SHA). This allows for further development with custom C libraries (OpenSSL)… stored in a secured memory (¶ 0049).
a registered voters database;
Goguin - The VA 102 includes a private database which registers the voters and the corresponding Restriction Hashes (RHs). The VA 102 consists of a private database which includes a list of users who can become voters and their corresponding RHs (¶ 0032).
further wherein said plurality of encryption modules adapted to encrypt the vote data cast using said mobile application.
Goguin - the voting process is entirely fulfilled through an application that resides on a personal communication device (¶ 0012). This password is used to encrypt locally data that may include, but are not limited to, key pairs, ballots, and votes before they are submitted to the institutions (¶ 0022).
Goguin does not teach, however Goswami discloses:
a plurality of blockchain nodes including a plurality of servers forming said digital voting blockchain network;
Note – The “numerous servers” of the blockchain access layer that interact with the blockchain correspond to a plurality of blockchain nodes (servers) forming the digital voting blockchain network.
Goswami - a blockchain management portion of a blockchain powered vote by mail system…the blockchain access layer 101 can comprise numerous servers running separate blockchain access layer software with a load balancer balancing the demand between the servers (¶0047). the entities 110 communicate with the blockchain access layer through a software API (¶ 0050).
wherein each node of said plurality of blockchain nodes having a copy of a voting ledger;
Goswami - the blockchain is a digital ledger in which state changes are recorded… previous entries in the ledger cannot not be altered (¶ 0047). the blockchain can also be used by voters, election officials, auditors, or other authorized interested parties, to check to make sure their votes were received and counted because the blockchain provides an easily accessible and robust method of recording voting actions in an unalterable way (¶ 0048). the member 111 can comprise numerous servers (¶ 0050).
wherein each node of said plurality of blockchain nodes validates each vote transaction; and
Goswami - ensure the accuracy of the blockchain prevent bad actors from altering the blockchain. In some embodiments, the blockchain can also be used by voters, election officials, auditors, or other authorized interested parties, to check to make sure their votes were received and counted because the blockchain provides an easily accessible and robust method of recording voting actions in an unalterable way (¶0048).
Therefore, it would have been obvious to one of ordinary skilled of the art before the effective filing date of the claimed invention to modify the blockchain-style ledger for recording ballots and votes of Goguin with the secure voting system that uses a distributed ledger replicated across multiple servers/nodes of Goswami because doing so maintains a copy of the voting ledger and the ledger functions as an immutable audit trail.
The combination of Goguin and Goswami does not disclose however Nikolina discloses:
a biometric analyzer to verify voter identity;
Nikolina - In one aspect, the authentication of the voter is performed based on at least one of: biometric data of the voter, and an electronic digital signature of the voter, wherein the electronic digital signature of the voter is unique to the voter (¶ 0022).
wherein said biometric analyzer includes facial recognition;
Nikolina - the biometric data of the voter includes at least one of…a photograph of the voter's face; and a voice recording of the voter (¶ 0047).
Therefore, it would have been obvious to one of ordinary skilled of the art before the effective filing date of the claimed invention to modify the blockchain-style ledger for recording ballots and votes of Goguin and the secure voting system that uses a distributed ledger replicated across multiple servers/nodes of Goswami with the biometric voter authentication of Nikolina because doing so provides even more security to the voting application by providing stronger voter authentication to reduce fraud.
Regarding Claims 2 and 12. The combination of Goguin, Goswami, and Nikolina further discloses:
The encrypted voting blockchain ledger system of claim 1 and the method of encrypted voting of claim 11, wherein said plurality of encryption modules provide a dual layer encryption including a first layer of encryption in said mobile application and
Goguin - a master password while installing the application. This password is used to encrypt locally data that may include, but are not limited to, key pairs, ballots, and votes before they are submitted to the institutions (¶ 0022).
a second layer of encryption to data once the data is recorded in said plurality of blockchain nodes.
Goguin - cryptographic functions such as, but not limited to, Advanced Encryption Standard (AES), Elliptic Curve Digital Signature Algorithm (ECDSA), and Secure Hash Algorithms (SHA). This allows for further development with custom C libraries (OpenSSL) (¶ 0049). The VA 102 communicates an enrollment authorization message to the Voter 106, that is digitally signed by the VA 102, allowing the enrollment of the Voter 106. The digitally signed message includes a Voter ID, and a Restriction Hash (RH) (¶ 0060).
Regarding Claims 3 and 13. The combination of Goguin, Goswami, and Nikolina further discloses:
The encrypted voting blockchain ledger system of claim 2 and the method of encrypted voting claim 12 , wherein said registered voters database having a voters' information.
Goguin - The VA 102 includes a private database which registers the voters and the corresponding Restriction Hashes (RHs). The VA 102 consists of a private database which includes a list of users who can become voters and their corresponding RHs. This database is internal and never shared or used by the digital voting platform 108. Therefore, this database may include any information the VA 102 requires or maintains, including personal or private details (¶ 0032).
Regarding Claims 4 and 14. The combination of Goguin, Goswami, and Nikolina further discloses:
The encrypted voting blockchain ledger system of claim 3 and method of encrypted voting of claim 13, wherein said voters' information includes verifying registered voters with a unique transaction identification selected from the group consisting of a biometric template, a unique identifier, and a contact detail stored in said registered voters database for voter authentication.
Goquin - a reference to the phone number or e-mail of the user in its internal database as well as a restriction identifier (sequence of characters) which depends on the user's residence or any other restriction condition that are linked to the ballots that the user is allowed to vote for (¶ 0024). a unique Voter ID for each voter corresponding to a ballot, for authorization of the voters. The VA 102 comprises a private database which registers the voters and the corresponding RHs (¶ 0032).
Regarding Claims 5 and 15. The combination of Goguin, Goswami, and Nikolina further discloses:
The encrypted voting blockchain ledger system of claim 4 and the method of encrypted voting of claim 14 further comprising an audit module, wherein said audit module having a voting blockchain ledger.
Goguin - employs open access VC tools such as an application or a website for auditing the legitimacy of the voting cycles and determining results and accountability (¶ 0042).
Regarding Claims 6 and 16. The combination of Goguin, Goswami, and Nikolina further discloses:
The encrypted voting blockchain ledger system of claim 5 and the method of encrypted voting of claim 15, wherein said voting blockchain ledger generates an audit trail for each voting transaction.
Goswami - the blockchain is a digital ledger in which state changes are recorded. In some embodiments, the accuracy of the blockchain is ensured through the use of cryptographic functions such that previous entries in the ledger cannot not be altered without the alteration of all subsequent parts of the ledger (¶ 0047).
Therefore, it would have been obvious to one of ordinary skilled of the art before the effective filing date of the claimed invention to modify the blockchain-style ledger for recording ballots and votes and the secure voting system that uses a distributed ledger replicated across multiple servers/nodes of Goswami with the biometric voter authentication of Nikolina because doing so provides even more security to the voting application by providing stronger voter authentication to reduce fraud.
Regarding Claims 7 and 17. The combination of Goguin, Goswami, and Nikolina further discloses:
The encrypted voting blockchain ledger system of claim 6 and the method of encrypted voting of claim 16, wherein said voting transaction includes a timestamp and said unique transaction identification.
Goguin - The VC 208 further establishes rules to ensure a highly secure pattern of actions and roles that allow the existence of the trustworthy digital voting platform 108. Every Actor in the digital voting platform 108 uses dedicated tools that ensure the legitimacy of the voting process (¶ 0048). The TTP registers Public Keys on the VC, verifies signatures, ensures anonymity, and registers ballots and votes (Abstract).
Regarding Claims 8 and 18. The combination of Goguin, Goswami, and Nikolina further discloses:
The encrypted voting blockchain ledger system of claim 7 and the method of encrypted voting of claim 17, wherein said audit trail is a read-only format.
Goswami - , the accuracy of the blockchain is ensured through the use of cryptographic functions such that previous entries in the ledger cannot not be altered without the alteration of all subsequent parts of the ledger. In some embodiments, the blockchain is separated into “blocks” of data, wherein each block contains a hash of the data of the previous block. In some embodiments, the blockchain is separated into different blocks based upon the number of entries on the digital ledger or on the amount of data stored in the digital letter (¶ 0047).
Therefore, it would have been obvious to one of ordinary skilled of the art before the effective filing date of the claimed invention to modify the blockchain-style ledger for recording ballots and votes and the secure voting system that uses a distributed ledger replicated across multiple servers/nodes of Goswami with the biometric voter authentication of Nikolina because doing so provides even more security to the voting application by providing stronger voter authentication to reduce fraud.
Regarding Claims 9 and 19. The combination of Goguin, Goswami, and Nikolina further discloses:
The encrypted voting blockchain ledger system of claim 8 and the method of encrypted voting of claim 18 further comprising a real-time reporting module, wherein said real-time reporting module provides real-time updates on voting numbers.
Goguin - The Voting block 216 includes a “Restricted” status to reveal the current votes since this is usually forbidden until the end of the voting process. If the policy allows real-time vote visualization, an option is implemented. The VA administrator closes this operation once a date/time is passed (¶ 0083).
Regarding Claim 10. The combination of Goguin, Goswami, and Nikolina further discloses:
The encrypted voting blockchain ledger system of claim 9, wherein said real-time reporting module tracking indicators selected from the group consisting of a security status, an integrity of said blockchain nodes, a monitor for unusual activity, and a system performance indicator.
Goguin - The VC 208 further establishes rules to ensure a highly secure pattern of actions and roles that allow the existence of the trustworthy digital voting platform 108. Every Actor in the digital voting platform 108 uses dedicated tools that ensure the legitimacy of the voting process (¶ 0048). The TTP registers Public Keys on the VC, verifies signatures, ensures anonymity, and registers ballots and votes (Abstract).
Regarding Claims 11 and 20. Goguin teaches:
A method of encrypted voting, the method comprising the steps of: providing a blockchain ledger system having a digital voting blockchain network having an encryption to secure a voting process,
Goguin - a digital voting system 100… and a digital voting platform 108 (¶ 0030). The digital voting platform 108 implements a Voting Chain (VC). The VC is implemented as a Blockchain containing a plurality of blocks (¶ 0038). cryptographic functions such as, but not limited to, Advanced Encryption Standard (AES), Elliptic Curve Digital Signature Algorithm (ECDSA), and Secure Hash Algorithms (SHA)…The keys are stored in a secured memory (¶ 0049).
a mobile application,
Goguin - the voting process is entirely fulfilled through an application that resides on a personal communication device such as, but not limited to, a phone, a tablet or any mobile device (0014). user installs a dedicated application on a personal device (¶ 0021).
an electronic computing device,
Goguin - The VA 102 may be associated with one or more computing devices such as, but not limited to, one or more servers, desktop computers, laptop computers, mobile devices, smart phones or any other type of device (¶ 0031).
a plurality of encryption modules, and
Goguin - The user enters a master password while installing the application. This password is used to encrypt locally data that may include, but are not limited to, key pairs, ballots, and votes before they are submitted (¶ 0022). cryptographic functions such as, but not limited to, Advanced Encryption Standard (AES), Elliptic Curve Digital Signature Algorithm (ECDSA), and Secure Hash Algorithms (SHA). This allows for further development with custom C libraries (OpenSSL)… stored in a secured memory (¶ 0049).
a registered voters database,
Goguin - The VA 102 includes a private database which registers the voters and the corresponding Restriction Hashes (RHs). The VA 102 consists of a private database which includes a list of users who can become voters and their corresponding RHs (¶ 0032).
encrypting the vote data cast using said mobile application with said plurality of encryption modules.
Goguin - the voting process is entirely fulfilled through an application that resides on a personal communication device (¶ 0012). This password is used to encrypt locally data that may include, but are not limited to, key pairs, ballots, and votes before they are submitted to the institutions (¶ 0022).
providing a dual layer encryption with said plurality of encryption modules including a first layer of encryption in said mobile application and a second layer of encryption to data once the data is recorded in said plurality of blockchain nodes; and
Goguin - a master password while installing the application. This password is used to encrypt locally data that may include, but are not limited to, key pairs, ballots, and votes before they are submitted to the institutions (¶ 0022). cryptographic functions such as, but not limited to, Advanced Encryption Standard (AES), Elliptic Curve Digital Signature Algorithm (ECDSA), and Secure Hash Algorithms (SHA). This allows for further development with custom C libraries (OpenSSL) (¶ 0049). The VA 102 communicates an enrollment authorization message to the Voter 106, that is digitally signed by the VA 102, allowing the enrollment of the Voter 106. The digitally signed message includes a Voter ID, and a Restriction Hash (RH) (¶ 0060).
Goguin does not teach, however Goswami discloses:
wherein each node of said plurality of blockchain nodes having a copy of a voting ledger;
Goswami - the blockchain is a digital ledger in which state changes are recorded… previous entries in the ledger cannot not be altered (¶ 0047). the blockchain can also be used by voters, election officials, auditors, or other authorized interested parties, to check to make sure their votes were received and counted because the blockchain provides an easily accessible and robust method of recording voting actions in an unalterable way (¶ 0048). the member 111 can comprise numerous servers (¶ 0050).
validating each vote transaction with each node of said plurality of blockchain nodes; and
Goswami - ensure the accuracy of the blockchain prevent bad actors from altering the blockchain. In some embodiments, the blockchain can also be used by voters, election officials, auditors, or other authorized interested parties, to check to make sure their votes were received and counted because the blockchain provides an easily accessible and robust method of recording voting actions in an unalterable way (¶0048).
providing a voting blockchain ledger with said audit module, wherein said voting blockchain ledger generates an audit trail for each voting transaction.
Goswami - the blockchain is a digital ledger in which state changes are recorded. In some embodiments, the accuracy of the blockchain is ensured through the use of cryptographic functions such that previous entries in the ledger cannot not be altered without the alteration of all subsequent parts of the ledger (¶ 0047).
Therefore, it would have been obvious to one of ordinary skilled of the art before the effective filing date of the claimed invention to modify the blockchain-style ledger for recording ballots and votes of Goguin with the secure voting system that uses a distributed ledger replicated across multiple servers/nodes of Goswami because doing so maintains a copy of the voting ledger and the ledger functions as an immutable audit trail.
The combination of Goguin and Goswami does not disclose, however Nikolina discloses:
a biometric analyzer to verify voter identity, a plurality of blockchain nodes including a plurality of servers forming said digital voting blockchain network,
Nikolina - In one aspect, the authentication of the voter is performed based on at least one of: biometric data of the voter, and an electronic digital signature of the voter, wherein the electronic digital signature of the voter is unique to the voter (¶ 0022).
wherein said biometric analyzer includes facial recognition, further
Nikolina - the biometric data of the voter includes at least one of…a photograph of the voter's face; and a voice recording of the voter (¶ 0047).
Therefore, it would have been obvious to one of ordinary skilled of the art before the effective filing date of the claimed invention to modify the blockchain-style ledger for recording ballots and votes of Goguin and the secure voting system that uses a distributed ledger replicated across multiple servers/nodes of Goswami with the biometric voter authentication of Nikolina because doing so provides even more security to the voting application by providing stronger voter authentication to reduce fraud.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Best (US20020083126) - An online election system has a database of registered votes. A voter accessing the election system through a server means end user interface verifies themselves by providing security information such as a unique identifier and password. The voter is then presented with a list of candidates and is prompted to indicate their vote which is then submitted to the sever. Confidentiality of a vote is ensured because all voter identification is removed from the vote when the vote is received at the server means and before the vote is stored and tallied. The privacy of the vote is further enhanced by encrypting communications between the server means and the user interface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA C STEVENSON whose telephone number is (571)270-7280. The examiner can normally be reached on Monday-Friday from 8am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patrick Mcatee, can be reached at telephone number 571-272-7575. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.C.S./Examiner, Art Unit 3698
/PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698