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
This communication is a Non-Final Office Action rejection on the merits. Claims 1-18 are currently pending and have been addressed below.
Priority
This application, which discloses and claims only subject matter disclosed in prior Application No. 17693232, filed 03/11/2022, appears to claim only subject matter directed to an invention that is independent and distinct from that claimed in the prior application, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a divisional application. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Examiner’s Claim Objection
Claims 8 and 17, are objected to because the claim has a typographical error as
indicated in the underline, that needs correction. Both claim recites “A apparatus comprising:”
Applicant is advised to correct the underline as “An apparatus comprising:”
Specification
Drawings
The drawings are objected to because Fig., 4, 6, 15, 22, 23, 24, 25, 31, are not clearly legible and therefore, unreadable. Examiner is unable to read this figures so as to ascertain what is claimed in the steps displayed in the figures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered, and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-18, are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
In the instant case, claims 1-7 and 10-16 are directed to a process (i.e., a method), claims 8 and 17 are directed to a machine (i.e., apparatus), and claims 9 and 18 are directed to a product (i.e., a computer program product), therefore, these claims fall within the four statutory categories of invention. Thus, the eligibility analysis proceeds to Step 2A.1.
The limitations of independent claim 1, which is representative of independent claims 8, 9, 10, 17 and 18, have been denoted with letters by the Examiner for easy reference. The judicial exceptions recited in claim 1 are identified in bold below:
[A] A method for purchasing a digital asset in a digital environment by a user, the method comprising:
[B] transmitting a first request towards a first computing platform to purchase a digital asset, wherein the digital asset is associated with a plurality of digital files and each digital file of the plurality of digital files includes a digital representation of the digital asset in a respective file format for rendering the digital asset in a respective computing environment;
[C] receiving, in response to the first request, cryptographic information in a digital wallet associated with the user, wherein the cryptographic information links the wallet with the cryptographic token representing the digital asset, said cryptographic token including metadata relating to a location of the plurality of digital files associated with the digital asset;
[D] generating a request to render a display of the digital asset in the respective computing environment, wherein the request comprises an identification of the cryptographic token;
[E] transmitting the request towards a second computing platform; and
[F] receiving a generated rendering of the digital asset in the respective computing environment.
Limitations A-F under the broadest reasonable interpretation covers steps or functions of certain methods of organizing human activity, specifically managing personal/commercial behavior (e.g., purchasing, transmitting (e.g., sending), receiving, and generating). For example, the disclosure establishes receiving a purchase request for an asset that is displayed for a client and making the asset available in a sale environment platform, which is a form of commercial and legal activities, fits squarely within the “certain methods of organizing human activity” grouping of abstract ideas. Therefore, limitations A and F recite at least one abstract idea.
Accordingly, claim 1, which is representative of independent claims 8, 9, 10, 17 and 18 recite at least one abstract idea and the analysis proceed to Step 2A.2.
The judicial exception is not integrated into a practical application. In particular,
claims 1, recites the additional elements in bold below:
[A] A method for purchasing a digital asset in a digital environment by a user, the method comprising:
[B] transmitting a first request towards a first computing platform to purchase a digital asset, wherein the digital asset is associated with a plurality of digital files and each digital file of the plurality of digital files includes a digital representation of the digital asset in a respective file format for rendering the digital asset in a respective computing environment;
[C] receiving, in response to the first request, cryptographic information in a digital wallet associated with the user, wherein the cryptographic information links the wallet with the cryptographic token representing the digital asset, said cryptographic token including metadata relating to a location of the plurality of digital files associated with the digital asset;
[D] generating a request to render a display of the digital asset in the respective computing environment, wherein the request comprises an identification of the cryptographic token;
[E] transmitting the request towards a second computing platform; and
[F] receiving a generated rendering of the digital asset in the respective computing environment.
[G] Additionally, claim 8 recites A[n] apparatus comprising: processing circuitry; and a memory, said memory containing instructions executable by said processing circuitry, whereby said apparatus is operative to perform the method according to claim 1.
[H] And also claim 9 recites A computer program product comprising a non-transitory computer readable medium storing a computer program comprising instructions which, when executed on at least one processor, cause the at least one processor to carry out the method according to claim 1.
[I] And also claim 17 recites A[n] apparatus comprising: processing circuitry; and a memory, said memory containing instructions executable by said processing circuitry, whereby said apparatus is operative to perform the method according to claim 10.
[J] Furthermore, claim 18 recites A computer program product comprising a non-transitory computer readable medium storing a computer program comprising instructions which, when executed on at least one processor, cause the at least one processor to carry out the method according to claim 10.
The additional elements (“a first computing platform “, “a second computing platform “, “a[n] apparatus comprising: processing circuitry; and a memory, said memory containing instructions executable by said processing circuitry, whereby said apparatus is operative to perform”, “a computer program product comprising a non-transitory computer readable medium storing a computer program comprising instructions which, when executed on at least one processor, cause the at least one processor to carry out”), are no more than a generic computer performing operations to automate the purchase of a digital asset transaction. Also, the additional elements of (“a digital representation of the digital asset in a respective file format for rendering the digital asset in a respective computing environment “, a digital file”, “a digital wallet”, “cryptographic information in a digital wallet”, “the cryptographic information links the wallet with the cryptographic token representing the digital asset”, “digital files associated with the digital asset”, and “render a display of the digital asset in the respective computing environment”), they identify the data to which the abstract idea applies as being “digital” or “electronic,” which is a general link to a technological environment. When the additional elements are considered individually and as an ordered combination, the claim as a whole, amounts to no more than or mere instructions to implement an abstract idea on a computer/a decentralized distributed ledger, or merely uses a computer as a tool to perform an abstract idea. Accordingly, the additional element(s) do not integrate the abstract idea into a practical application because they do not recite any additional elements indicative of integration into a practical application. Rather, the claim as whole generally links the judicial exception to a technological environment (e.g., “a first computing platform “, “a second computing platform “, “a[n] apparatus comprising: processing circuitry; and a memory, said memory containing instructions executable by said processing circuitry, whereby said apparatus is operative to perform”, “a computer program product comprising a non-transitory computer readable medium storing a computer program comprising instructions which, when executed on at least one processor, cause the at least one processor to carry out”), defined by high level recitations of a computer/a decentralized distributed ledger and the Internet. Additionally, the additional element of (“a digital representation of the digital asset in a respective file format for rendering the digital asset in a respective computing environment “, a digital file”, “a digital wallet”, “cryptographic information in a digital wallet”, “the cryptographic information links the wallet with the cryptographic token representing the digital asset”, “digital files associated with the digital asset”, and “render a display of the digital asset in the respective computing environment”), which are mere data used for automation of manual processes, such as using a generic computer to process an application for financing a purchase. Therefore, the claim is directed to an abstract idea and the analysis proceeds to Step 2B.
The additional elements, both individually and as an ordered combination, do not amount to significantly more than the judicial exception because the outcome of the considerations at Step 2B will be the same when the considerations from Step 2A.2 are reevaluated. As discussed under Step 2A.2, the additional element(s) amount to no more than generally link the abstract idea to a technological environment through “instructions” performed by a generic computer. Because those instructions embody the abstract idea, the claim itself is merely a recitation of the abstract idea and an instruction to “apply it” on a computer. This is not enough to provide an inventive
concept. Therefore, claims 1, 8, 9, 10, 17 and 18 are not patent eligible.
Dependent claims 2-5, which is representative of claims 13-16 further recites wherein the respective computing environment is an extended reality (XR) environment including one or more of virtual reality (VR), augmented reality (AR), or mixed reality (MR) applications; wherein the respective computing environment is an augmented reality (AR) overlay over a physical environment; wherein at least one of the plurality of digital files includes information relating to at least one of compatibility or use of the digital file in the respective computing environment; wherein the first request is generated in response to the achievement of a gameplay milestone; Under the broadest reasonable interpretation covers steps or functions of certain methods of organizing human activity, specifically managing personal/commercial behavior. For example, the claims establishes that the token is non-fungible and several computing environment resources for the purchase transaction, which is a form of commercial and legal activities, fits squarely within the “certain methods of organizing human activity” grouping of abstract ideas in prong one of Step 2A. As discussed under Step 2A.2, the additional element(s) of “an extended reality (XR) environment including one or more of virtual reality (VR), augmented reality (AR), or mixed reality (MR) applications, a blockchain ledger” amount to no more than generally link the abstract idea to a technological environment through “instructions” processed or performed by a generic computer. Because those instructions embody the abstract idea, the claim itself is merely a recitation of the abstract idea and an instruction to “apply it” on a computer. This is not enough to provide an inventive concept.
The claims do not include additional elements that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea. Therefore, claims 2-5 and 13-16 are not patent eligible.
Dependent claims 6-7 and 11-12, further recites wherein the plurality of digital files is stored on a decentralized file system; wherein the plurality of digital files is stored on a remote server; wherein the digital wallet is a blockchain-based wallet; wherein the cryptographic token is a non-fungible token (NFT). Under the broadest reasonable interpretation covers steps or functions of certain methods of organizing human activity, specifically managing personal/commercial behavior. For example, the claims establishes that the token is non-fungible and saved in a computing/ledger environment for the purchase transaction, which is a form of commercial and legal activities, fits squarely within the “certain methods of organizing human activity” grouping of abstract ideas in prong one of Step 2A. As discussed under Step 2A.2, the additional element(s) of “the digital wallet is a blockchain- based wallet; the cryptographic token is a non-fungible token (NFT), a decentralized file system” amount to no more than generally link the abstract idea to a technological environment through “instructions” processed or performed by a generic computer. Because those instructions embody the abstract idea, the claim itself is merely a recitation of the abstract idea and an instruction to “apply it” on a computer. This is not enough to provide an inventive concept.
The claims do not include additional elements that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea. Therefore, claims 6-7 and 11-12 are not patent eligible.
In summary, the dependent claims considered both individually and as an
ordered combination do not provide meaningful limitations to transform the abstract idea
into a patent eligible application of the abstract idea such that the claims amount to
significantly more than the abstract idea itself. The claims do not recite an improvement
to another technology or technical field, an improvement to the functioning of the
computer itself, or provide meaningful limitations beyond generally linking an abstract
idea to a particular technological environment. Therefore, the claims 1-18 are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 3
U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 1-10 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yantis et al. (US 2022/0058636 A1), in view of Miller et al. (US 2013/0120368 A1).
With respect to claims 1, 8-10 and 17-18, Yantis teaches a method, a[n] apparatus comprising: processing circuitry; and a memory, said memory containing instructions executable by said processing circuitry, whereby said apparatus is operative to perform the method for purchasing a digital asset in a digital environment by a user {Fig. 1 item 160 Node devices, ¶ 0992}, the method comprising:
transmitting a first request towards a first computing platform to purchase a digital asset, wherein the digital asset is associated with a plurality of digital files and each digital file of the plurality of digital files includes a digital representation of the digital asset […] for rendering the digital asset in a respective computing environment {see at least ¶ 0008 “…the method further includes receiving a request to transact for the item via the digital marketplace from a user device associated with a transacting consumer and facilitating a transaction for an instance of the item…”, Fig., 15 ¶ 0015 “…The method also includes rendering a virtual reality store environment, wherein the virtual reality store environment provides an interface that allows users to view virtual reality visualizations of available items that are available for transaction and to transact for instances of the available items. The method further includes rendering a virtual reality visualization of an item represented by a virtual representation of the plurality of virtual representations based on the virtual reality content in in the virtual representation, wherein the virtual reality visualization of the item is presented in the virtual reality store environment…”, “¶ 0829 “The present disclosure relates to a tokenization platform that enables the creation of virtual representations of merchandised items, such as goods, services, and/or experiences. As used herein the term “item” may refer to a digital asset… The term virtual item may refer to a virtual representation of a merchandised item”}.
receiving, in response to the first request, cryptographic information in a digital wallet associated with the user, wherein the cryptographic information links the wallet with the cryptographic token representing the digital asset, said cryptographic token including metadata relating to a location of the plurality of digital files associated with the digital asset {see at least ¶¶ 0165 “…the first account is associated with a first cryptographic key. The second account is associated with a second cryptographic key. the second cryptographic key is different from the first cryptographic key…”, 0848 “…the token may be transmitted directly from the sender's user device 190 (e.g., from the user's digital wallet) to a user device 190 (e.g., smartphone) or account (e.g., email account or messaging application) associated with the intended recipient. Upon initiating the transmission, the digital wallet may transmit a transfer request to the platform 100 and may transmit a copy of the token to the recipient's user device 190 or specified account…”, ¶ 0849 “…the digital wallet may transmit a redeem request to the platform 100. The redeem request may include the token (or an identifier thereof) and a public address of the user (or any other suitable identifier of the user). The platform 100 receives the redeem request and verifies the validity of the token and/or the ownership of the token. Once verified, the user is granted permission to redeem the token…”},
generating a request to render a display of the digital asset in the respective computing environment, wherein the request comprises an identification of the cryptographic token {see at least, Abstract, “…The system includes a tokenization system that generates a digital token that corresponds to the item that is cryptographically linked to the virtual representation…” Fig. 13, and ¶ 0006 “…. The method also includes generating a virtual representation of the item based on the item attribute , wherein the virtual representation is a data structure that stores the item attributes…” and also, Fig. 9 item 902-906, Fig. 13, ¶ 0033 “…a method for generating a digital token that uniquely represents an item includes obtaining, by a processing system of a tokenization platform, a unique identifier for a unique unit of the item , generating, by a cryptographic token generation system, a unique digital token includes a set of digital attributes that correspond to the set of item attributes, and cryptographically linking, by a linking system, the unique digital token and the unique identifier for the unique unit of the item such that the unique digital token provides a unique digital representation of the unique unit of the item. The item includes a set of item attributes…”, ¶ 0829 “The present disclosure relates to a tokenization platform that enables the creation of virtual representations of merchandised items, such as goods, services, and/or experiences. As used herein the term “item” may refer to a digital asset… The term virtual item may refer to a virtual representation of a merchandised item” Fig. 15, ¶ 0015 “…The method also includes rendering a virtual reality store environment, wherein the virtual reality store environment provides an interface that allows users to view virtual reality visualizations of available items that are available for transaction and to transact for instances of the available items. The method further includes rendering a virtual reality visualization of an item represented by a virtual representation of the plurality of virtual representations based on the virtual reality content in in the virtual representation, wherein the virtual reality visualization of the item is presented in the virtual reality store environment…”}.
transmitting the request towards a second computing platform {see at least ¶ 0016 “…the method also includes receiving a transfer request to transfer the specific token to a different user, wherein the transfer request includes a token identifier that identifies the specific token and a public address of the different user…”}, and
receiving a generated rendering of the digital asset in the respective computing environment {see at least ¶ 0015 “The distributed ledger further stores a plurality of virtual representations of a plurality of respective items, wherein each virtual representation includes virtual reality content to render a virtual reality visualization of the respective item, and for each virtual representation, a set of tokens that respectively correspond to a respective instance of the item represented by the virtual representation, and ownership data of each respective token. The method also includes rendering a virtual reality store environment, wherein the virtual reality store environment provides an interface that allows users to view virtual reality visualizations of available items that are available for transaction and to transact for instances of the available items. The method further includes rendering a virtual reality visualization of an item represented by a virtual representation of the plurality of virtual representations based on the virtual reality content in in the virtual representation, wherein the virtual reality visualization of the item is presented in the virtual reality store environment. The method also includes receiving a request to participate in a transaction for an instance of the item represented by the virtual reality representation of the item from a user device of a transacting user, wherein the request to participate in the transaction is received in response to the transacting user viewing the virtual reality representation of the item in the virtual reality store environment. The method also includes, in response to verifying the request to participate in the transaction, associating a specific token corresponding to the virtual representation with an account of the transacting user in the distributed ledger”}.
Although Yantis discloses rendering a virtual reality visualization of an item, above, however, Yantis does not explicitly disclose, “…a digital representation of the digital asset in a respective file format for rendering the digital asset in a respective computing environment”.
Miller however, discloses “…a digital representation of the digital asset in a respective file format for rendering the digital asset in a respective computing environment” {see at least ¶ 0035 “Models developed using the modeling client 52 may be stored on a computer-readable medium, such as the data storage 36, as data files including model data 54 that conforms to a certain non-image format, e.g., a format that specifies various parameters and attributes of a model rather than a static snapshot of the model…”, ¶ 0041 “… Further, depending on the implementation, the core browser functionality may include rendering images provided in a standard image format such as BMP, JPEG, or GIF, for example, as well as playing back audio files or feeds and displaying video content provided in respective audio and video formats. The user interface of the browser application 120 may allow a user to specify target hosts and resources, view the rendered content, select links, control interactive content, etc.…”}.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify Yantis to include the elements of Miller. One would have been motivated to do so, in order to present the rendered digital asset in a standard file format. Furthermore, Yantis discloses generating a digital asset for purchase by a user. Miller is merely relied upon to illustrate the functionality of rendering digital asset in a standard file format in the same or similar context. Because both generating a digital asset for purchase by a user, as well as rendering digital asset in a standard file format are implemented through well-known computer technologies in the same or similar context, combining their features as outlined above using such well-known computer technologies (i.e., conventional software/hardware configurations), would be reasonable, according to one of ordinary skill in the art. Moreover, since the elements disclosed by Yantis, as well as Miller would function in the same manner in combination as they do in their separate embodiments, it would be reasonable to conclude that their resulting combination would be predictable. Accordingly, the claimed subject matter is obvious over Yantis/Miller.
With respect to claims 2 and 13, the combination of Yantis in view Miller teaches all the subject matter as disclosed in claims 1 and 10 above , respectively.
Furthermore, Yantis discloses, wherein the respective computing environment is an extended reality (XR) environment including one or more of virtual reality (VR), augmented reality (AR), or mixed reality (MR) applications {¶ 0015 “…The distributed ledger further stores a plurality of virtual representations of a plurality of respective items, wherein each virtual representation includes virtual reality content to render a virtual reality visualization of the respective item, and for each virtual representation, a set of tokens that respectively correspond to a respective instance of the item represented by the virtual representation, and ownership data of each respective token. The method also includes rendering a virtual reality store environment, wherein the virtual reality store environment provides an interface that allows users to view virtual reality visualizations of available items that are available for transaction and to transact for instances of the available items…”, ¶ 0838}.
With respect to claims 3 and 14, the combination of Yantis in view Miller teaches all the subject matter as disclosed in claims 1 and 10 above, respectively.
Furthermore, Yantis discloses, wherein the respective computing environment is an augmented reality (AR) overlay over a physical environment {see at least ¶ 0838 “…The virtual representation of the item may include information that identifies the item… (e.g., virtual reality data, augmented reality data, and the like)…”, ¶ 0882 “…virtual reality content depicting shoes represented in the first side chain 314-1, augmented reality content depicting shoes represented in the first side chain 314-1, and the like. The foregoing is one manner to shard a distributed ledger. The distributed ledger 310 may be sharded in any other suitable manner”}.
With respect to claims 4 and 15, the combination of Yantis in view Miller teaches all the subject matter as disclosed in claims 1 and 10 above, respectively.
Furthermore, Yantis discloses, wherein at least one of the plurality of digital files includes information relating to at least one of compatibility or use of the digital file in the respective computing environment {see at least ¶ 0829 “…The present disclosure relates to a tokenization platform that enables the creation of virtual representations of merchandised items, such as goods, services, and/or experiences. As used herein the term “item” may refer to a digital asset (e.g., gift card, digital music file, digital video file, software, digital photograph, etc.), physical good, digital service (e.g., video streaming subscription)”}.
With respect to claim 5, the combination of Yantis in view Miller teaches all the subject matter as disclosed in claim 1 above.
Furthermore, Yantis discloses, wherein the first request is generated in response to the achievement of a gameplay milestone {see at least ¶ 0829 “…In response to the request, the video game integration system 808 serves the identified token to the requesting instance of the video game. A visual indicium representing the token may then be displayed by the instance of the video game, whereby a user (i.e., video game player) may opt to transact for the token. Upon a user transacting for ownership of the token, the video game integration system 808 updates the ownership data of the token to reflect that it is owned by the user….”}.
With respect to claim 6, the combination of Yantis in view Miller teaches all the subject matter as disclosed in claims 1 above.
Furthermore, Yantis discloses, wherein the digital wallet is a blockchain-based wallet {¶ 0847 “…For example, the user may purchase a token corresponding to the item from the seller via a web interface or application that is provided or supported by the provider of the platform 100. In response to the transaction, the platform 100 may update the distributed ledger to indicate an assignment of the token to the user (e.g., to a wallet associated with an account of the user). In embodiments, a copy of the token may be stored in a digital wallet corresponding to the new owner of the token (e.g., the buyer)”}.
With respect to claims 7 and 16, the combination of Yantis in view Miller teaches all the subject matter as disclosed in claims 1 and 10 above, respectively.
Furthermore, Yantis discloses, wherein the cryptographic token is a non-fungible token (NFT) { ¶ 0852 “Tokens may be fungible tokens or non-fungible tokens. Fungible tokens may refer to tokens that are interchangeable. For example, fungible tokens may all have the same identifier. Non-fungible tokens are unique tokens. Non-fungible tokens are transferrable but not interchangeable”}.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yantis et al. (US 2022/0058636 A1), in view of Miller et al. (US 2013/0120368 A1) and further in view of Cohen et al. (US 2020/0084045 A1).
With respect to claim 11, the combination of Yantis in view Miller teaches all the subject matter as disclosed in claim 10 above, but does not explicitly disclose wherein the plurality of digital files is stored on a decentralized file system.
However, Miller discloses wherein the plurality of digital files is stored on a decentralized file system {¶ 0013 “…The blockchain system may include a ledger that is distributed across all of the nodes in the blockchain system (e.g., a distributed ledger). An asset verification component may use the block chain system to store data related to the creation and/or modification of the digital assets…”}.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify Yantis in view of Miller to include the elements of Cohen. One would have been motivated to do so, in order to have a cryptographic hash of the created digital asset stored in a distributed ledger of a blockchain. Furthermore, Yantis discloses generating a digital asset for purchase by a user and Miller discloses rendering digital asset in a standard file format. Cohen is merely relied upon to illustrate the functionality of using a cryptographic hash to establish proof of ownership of the digital asset in the same or similar context. Because both generating a digital asset for purchase by a user, and rendering digital asset in a standard file format as well as using a cryptographic hash to establish proof of ownership of the digital asset are implemented through well-known computer technologies in the same or similar context, combining their features as outlined above using such well-known computer technologies (i.e., conventional software/hardware configurations), would be reasonable, according to one of ordinary skill in the art. Moreover, since the elements disclosed by Yantis in view of Miller, as well as Cohen would function in the same manner in combination as they do in their separate embodiments, it would be reasonable to conclude that their resulting combination would be predictable. Accordingly, the claimed subject matter is obvious over Yantis/Miller/Cohen.
With respect to claim 12, the combination of Yantis in view Miller teaches all the subject matter as disclosed in claim 10 above, but does not explicitly disclose wherein the plurality of digital files is stored on a remote server.
However, Miller discloses wherein the plurality of digital files is stored on a remote server {¶ 0021 “Each node 130 includes a ledger 131. The ledger 131 may also be referred to as distributed ledger. A distributed ledger may be a ledger where copies of the ledger are distributed across multiple nodes (e.g., across multiple computing devices)…The data store may be a persistent storage. A persistent storage may be one or more devices that are capable of storing data. A persistent storage may be a local storage unit or a remote storage unit”}.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art, to modify Yantis in view of Miller to include the elements of Cohen. One would have been motivated to do so, in order to have an off-chain storage for the digital files. Furthermore, Yantis discloses generating a digital asset for purchase by a user and Miller discloses rendering digital asset in a standard file format. Cohen is merely relied upon to illustrate the functionality of having an off-chain storage for the digital files in the same or similar context. Because both generating a digital asset for purchase by a user, and rendering digital asset in a standard file format as well as having an off-chain storage for the digital files are implemented through well-known computer technologies in the same or similar context, combining their features as outlined above using such well-known computer technologies (i.e., conventional software/hardware configurations), would be reasonable, according to one of ordinary skill in the art. Moreover, since the elements disclosed by Yantis in view of Miller, as well as Cohen would function in the same manner in combination as they do in their separate embodiments, it would be reasonable to conclude that their resulting combination would be predictable. Accordingly, the claimed subject matter is obvious over Yantis/Miller/Cohen.
Conclusion
The prior art made of record and not relied upon:
1) (US Pat. 10896412 B2) – Robertson et al., Trustless Physical Cryptocurrency - relates to a physical cryptocurrency comprising a physical medium and an attached processor. The processor may generate a public-private key pair, or, in one embodiment, the public-private key pair may be generated in a secure and auditable manner external to the processor and stored on the processor.
2) (US 20210248653 A1) – McKenzie et al., Authentication of Products – relates generally to a systems and methods for authenticating products, such as products from original manufacturers and/or resellers, that provide a trusted and reliable mechanism for buyers and sellers to prove the authenticity of a product and for authenticators to establish an authentication that can be relied on during downstream transactions is provided.
3) (US 20230327866 A1) – Andon et al., System and Method for providing cryptographically Secured Digital Assets – relates generally to a computerized system and method for authenticating physical retail products and digital design files, and a system and method for promoting brand engagement.
4) (US 20120005762 A1) – Stefik et al., Method for Controlling Rendering of e.g. Digital Content, Involves Receiving Request for Rendering of Digital Content, and Processing Request to Make Content to Rendering Engine for Rendering Whether Rendering is Permitted by Usage Right - The method involves storing digital content in a storage, where the digital content is associated with a usage right specifying a manner of use. A request for rendering of the digital content is received from a requesting unit for requesting. The request is processed to make the digital content available to a rendering engine for rendering whether the rendering is permitted by the usage right by a repository.
5) (US 20050086172 A1) – Mark J, Stefik, Method, System And Device For Providing Educational Content - A system, method and device for controlling the use of digital content in accordance with usage rights information associated with the digital content and specifying a manner of use for the digital content, including generating a request, from a client device, for digital content; receiving the request at a content distributor repository; downloading the content and usage rights information associated with the content from the content distributor repository to the client device; enforcing the usage rights information with a repository coupled to the client device to render the content by a rendering engine of the client device only in accordance with the manner of use.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT IDIAKE whose telephone number is (571)272-1284. The examiner can normally be reached on Mon-Fri from 10:30AM to 7:30PM ET.
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.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated-interview-request-air-form
/V.I./Examiner, Art Unit 3698
/PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698