DETAILED ACTION
In the event the determination of the status of the application as subject to AIA 35 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.
This Office Action is in response to the communication filed on 06/02/2026.
Claims 1, 7-11, 18, 20-21, and 25-27 have been amended.
Claims 1-27 are pending for consideration.
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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-27 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1-4, 6-14, and 16-27 are rejected under 35 U.S.C. 103 as being unpatentable over Newton (U.S. 2024/0127211)(hereinafter Newton) in view of Bengston (U.S. 2023/0161886)(hereinafter Bengston).
Regarding claims 1, 11, and 21, Newton teaches generating, by a computing device, an interface and one or more first digital assets for facilitating access to one or more content assets via the interface (Newton: see Page 2 paragraph 0043, "providing a set of tools and documentation for developers to customize the user interface and user experience within the one or more third party applications; Page 3 paragraph 0055, "an interface that allows distributors to deploy one or more DRM-unlocking NFT smart contracts, an associated DRM-unlocking NFT price, and one or more parameters selected from the following: availability, launch date, rental conditions, NFT farming access, physical event access, and rewards");
receiving a request to access the interface via a digital wallet, wherein the digital wallet is associated with a wallet address (Newton: see Page 3 paragraph 0059, "a verification system for linking the one or more wallet addressed to the DRM-unlocking NFT platform and for verifying ownership of the DRM-unlocking NFT linked to the encrypted video content"; Page 6 paragraph 0119, "In some embodiments, DRM-unlocking NFT owners may access the player by opening the DRM-unlocking NFT application and connecting their NFT wallet to the application. The application then reads the contents of their NFT wallet and displays one or more DRM-unlocking NFTs the wallet owner owns");
determining one or more second digital assets associated with the digital wallet (Newton: see Page 6 paragraph 0119, "In some embodiments, DRM-unlocking NFT owners may access the player by opening the DRM-unlocking NFT application and connecting their NFT wallet to the application. The application then reads the contents of their NFT wallet and displays one or more DRM-unlocking NFTs the wallet owner owns. The player will display those DRM-unlocking NFTs visually or in any other suitable manner");
generating, based on the access rights associated with each content asset, one or more metadata associated with the wallet address for facilitating access to at least one content asset of the one or more content assets (Newton: see Page 1 paragraph 0013, "a platform database that stores the encrypted content and parameters about the one or more DRM-unlocking NFTs, including one or more of the following parameters: metadata with a unique identifier, artwork, and a video player link"; Page 3 paragraph 0064-0065, "generating a DRM-unlocking NFT smart contract using a DRM-unlocking NFT platform; uploading the DRM-encrypted video to a server and associating it with the DRM-unlocking NFT smart contract in a DRM-unlocking NFT platform database"; Page 6 paragraph 0117, "These contracts generate individual NFTs that represent ownership over a copy of that video content. This ownership goes beyond a mere license to view; it includes the right to trade, resell, and share a video as a digital emulation of a physical disc");
providing, to a user device, based on the one or more metadata, access to the at least one content asset (Newton: see Page 6 paragraph 0119-0120, " In each of these embodiments, the owner of the DRM-unlocking NFT is presented with one or more available options. In some embodiments, the owner of a DRM-unlocking NFT can stream the associated video file in the application or to an external video display via the use of a QR code on a TV application, so that the video is sent to that display. For example, when the owner of a DRM-unlocking NFT selects a file to play that is associated with that particular DRM-unlocking NFT, the player relays a call to the DRM license provider that will send a license to the device the owner is using, so that the encrypted video file can be decrypted for a specified period. In cases where the ownership of the DRM-unlocking NFT has been changed and the prior owner no longer owns any rights to the DRM-unlocking NFT, that previous owner will no longer have the ability to see that particular DRM-unlocking NFT in the collection found in the player").
However, Newton does not teach generating one or more watermarks; providing access based on watermark; and embedding, based on an access of the at least one content asset, the one or more watermarks in each frame of the content asset as the content asset is being transmitted to the user device.
Nevertheless, Bengston-which is in the same field of endeavor- teaches generating one or more watermarks (Bengston: see Page 1 paragraph 0018, "A version of the content asset may be generated, located, and/or received. The version of the content asset may comprise one or more frames having a digital marker, such as a watermark…The digital marker may comprise an indication of a unique identifier of one of the entities. The digital marker may comprise an indication of an entity associated with the content asset, such as a source of the content asset or a creator of the content asset");
providing access based on watermark (Bengston: see Page 1 paragraph 0018, "The version of the content asset may be sent to one or more of the entities"; Page 4 paragraph 0041, "A first digital marker 405, such as a watermark, may be embedded in the content asset 402, such as by generating a first version of the content asset 406 comprising the first digital marker 405. The first digital marker 405 may comprise a key 407"; Page 4 paragraph 0042, "The first version of the content asset 406 may be sent to a first user 409 (e.g., an entity, a creator, an originator, an editor, a processor, a distributor, a viewer). The first version of the content asset 406 may be sent to a first user 409 based on receiving a request from the first user 409"); and
embedding, based on an access of the at least one content asset, the one or more watermarks in each frame of the content asset as the content asset is being transmitted to the user device (Bengston: Page 8 paragraph 0081, "The version of the content asset may comprise a plurality of frames. A first digital marker, such as a watermark or a digital fingerprint, may be embedded in one or more of the frames").
Newton and Bengston are analogous art because they are from the same field of endeavor. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the embedding of a watermark identifier of Bengston with the content asset access control of Newton. The suggestion/motivation for doing so would be to enforce access control rights and prevent unauthorized distribution of protected content.
Regarding claims 2, 12, and 22, Newton teaches the interface comprises a webpage or a user application (Newton: see Page 2 paragraph 0022; Page 5 paragraph 0107).
Regarding claims 3, 13, and 23, Newton teaches the one or more content assets comprise one or more of image content, video content, or audio content, wherein the one or more content assets are stored on one or more of a server or a blockchain network, and wherein one or more of the one or more first digital assets or the one or more second digital assets comprise one or more cryptocurrencies, one or more tokens, or one or more non-fungible tokens (NFTs) (Newton: see Page 1 paragraph 0007; Page 3 paragraph 0056-0057).
Regarding claims 4 and 14, Newton teaches access is provided to the interface based on one or more of a QR code of the interface, a wallet extension associated with the digital wallet, a hard wallet associated with the digital wallet, physical biometric data associated with the digital wallet, or behavioral biometric data associated with the digital wallet, wherein the physical biometric data comprises one or more of a fingerprint, palm veins, facial features, DNA, a palm print, hand geometrics, iris recognition, voice, or gait, wherein the behavioral biometric data comprises one or more of continuous authentication, keystrokes associated with a user device, location data, or lip movements (Newton: see Page 2 paragraph 0021).
Regarding claims 6 and 16, Newton teaches determining, based on the one or more second digital assets and the one or more first digital assets, the access rights associated with each content asset comprises determining, based on at least one second digital asset of the one or more second digital assets matches at least one first digital asset of the one or more first digital assets, the access rights indicate an owner of the digital wallet has access to the at least one content asset (Newton: see Page 6 paragraph 0119-0122; Page 7 paragraph 0129).
Regarding claims 7 and 17, Newton and Bengston teach determining, based on the one or more second digital assets and the one or more first digital assets, the access rights associated with each content asset comprises determining, based on at least one second digital asset of the one or more second digital assets does not match at least one first digital asset of the one or more first digital assets, the access rights indicate an owner of the digital wallet does not have access to the at least one content asset (Newton: see Page 6 paragraph 0119-0122; Page 7 paragraph 0129), and wherein the method further comprises: providing an option to purchase at least one of the one or more first digital assets (Newton: see Page 3 paragraph 0063); and updating, based on the owner of the digital wallet purchasing the at least one of the one or more first digital assets, the access rights to indicate the owner has access to the at least one content asset (Newton: see Page 5 paragraphs 0113-0115), wherein generating, based on the access rights associated with each content asset, the one or more watermarks comprises generating, based on the updated access rights associated with each content asset, the one or more watermarks (Newton: see Page 1 paragraph 0013, "a platform database that stores the encrypted content and parameters about the one or more DRM-unlocking NFTs, including one or more of the following parameters: metadata with a unique identifier, artwork, and a video player link"; Page 3 paragraph 0064-0065, "generating a DRM-unlocking NFT smart contract using a DRM-unlocking NFT platform; uploading the DRM-encrypted video to a server and associating it with the DRM-unlocking NFT smart contract in a DRM-unlocking NFT platform database"; Page 6 paragraph 0117, "These contracts generate individual NFTs that represent ownership over a copy of that video content. This ownership goes beyond a mere license to view; it includes the right to trade, resell, and share a video as a digital emulation of a physical disc")(Bengston: see Page 1 paragraph 0018, "A version of the content asset may be generated, located, and/or received. The version of the content asset may comprise one or more frames having a digital marker, such as a watermark…The digital marker may comprise an indication of a unique identifier of one of the entities. The digital marker may comprise an indication of an entity associated with the content asset, such as a source of the content asset or a creator of the content asset"). Motivation to combine Newton and Bengston in the instant claims, is the same as that in claims 1, 11, and 21.
Regarding claims 8, 18, and 25, Newton and Bengston teach the one or more watermarks comprise a forensic watermark or a visible watermark, wherein the one or more watermarks are associated with one or more of a unique user identifier associated with an owner of the digital wallet, at least one second digital asset of the one or more second digital assets, the wallet address, metadata, or software codes associated with the digital wallet (Bengston: see Page 6 paragraphs 0065-0066, "The version of the content asset 630 may comprise a plurality of frames. A digital marker 640, such as a watermark or a digital fingerprint, may be embedded in one or more of the frames. The digital marker 640 may comprise code embedded in a codec of the content asset, such as in a codec of the one or more frames of the content asset. The digital marker 640 may be invisible. The digital marker 640 may comprise an image or a pattern. The digital marker 640 may be opaque, transparent, or semi-transparent. The digital marker 640 may comprise text, such as indication of metadata associated with the content asset. The metadata may comprise the indication of the creator"). Motivation to combine Newton and Bengston in the instant claims, is the same as that in claims 1, 11, and 21.
Regarding claims 9 and 19, Newton teaches the one or more content assets are encrypted, wherein providing, based on the one or more watermarks, access to the at least one content asset comprises: associating, based on the one or more watermarks, a decryption key with the wallet address, wherein the decryption key is used by an owner of the digital wallet to decrypt the at least one content asset and access the content asset (Newton: see Page 3 paragraphs 0059-0062).
Regarding claims 10 and 20, Newton and Bengston teach embedding the one or more watermarks in one or more of the interface or the at least one content asset (Bengston: Page 8 paragraph 0081, "The version of the content asset may comprise a plurality of frames. A first digital marker, such as a watermark or a digital fingerprint, may be embedded in one or more of the frames"). Motivation to combine Newton and Bengston in the instant claims, is the same as that in claims 1, 11, and 21.
Regarding claim 24, Newton teaches determining one or more required digital assets for gaining access to the content asset (Newton: see Page 6 paragraph 0122; Page 7 paragraph 0131); and providing, based on the digital asset matching at least one required digital asset of the one or more required digital assets, access to the content asset (Newton: see Page 1 paragraph 0015; Page 2 paragraphs 0047-0048; Pages 6-7 paragraphs 0124-0125).
Regarding claim 26, Newton and Bengston teach embedding the one or more identifiers in each frame of the content asset as the content asset is being output via the interface comprising imperceptibly embedding the one or more identifiers in each frame of the content asset as the content asset is being output via the interface (Bengston: Page 6 paragraph 0066, “The digital marker 640 may be invisible. The digital marker 640 may comprise an image or a pattern. The digital marker 640 may be opaque, transparent, or semi-transparent”). Motivation to combine Newton and Bengston in the instant claim, is the same as that in claims 1, 11, and 21.
Regarding claim 27, Newton and Bengston teach tracking, based on output of the content asset, the one or more watermarks (Bengston: see Pages 1-2 paragraph 0019, “The digital marker and the distributed ledger records may be used to determine a chain of custody of the content asset. For example, if a pirated version of the content asset is identified, based on the digital marker of the pirated version, a record on the distributed ledger may be determined. Based on the record on the distributed ledger, other distributed ledger records associated with the chain of custody of the content asset may be determined. Based on one or more of the records and/or the unique identifier, it may be determined which entity sourced the pirated version of the content asset and/or at what point in the chain of custody the sourcing of the pirated version occurred”). Motivation to combine Newton and Bengston in the instant claim, is the same as that in claims 1, 11, and 21.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Newton and Bengston, as applied to claims 1-4, 6-14, and 16-27 above, and in further view of Smaiely et al. (U.S. 2020/0012765)(hereinafter Smaiely).
Regarding claims 5 and 15, Newton and Bengston teach the invention detailed above.
However, Newton and Bengston do not teach a biometric user profile for identifying a user associated with the digital wallet is generated based on one or more of the physical biometric data or the behavioral biometric data.
Nevertheless, Smaiely-which is in the same field of endeavor- teaches a biometric user profile for identifying a user associated with the digital wallet is generated based on one or more of the physical biometric data or the behavioral biometric data (Smaiely: see Page 3 paragraph 0021, “A person can be uniquely identified, for example, using a combination of a user name, social security number, and biometric (e.g., fingerprint)”).
Newton, Bengston, and Smaiely are analogous art because they are from the same field of endeavor. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine Newton and Bengston’s digital rights access authorization method with Smaiely’s method of identifying a digital content owner. The suggestion/motivation for doing so would be to provide stronger protection from piracy, cyberattacks, or fraudulent user authentication attempts.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELAH JANAE MCFARLAND-BARNES whose telephone number is (571)272-5953. The examiner can normally be reached Monday through Friday 8:00am until 4:00pm Central Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynn D Feild can be reached at 571-272-2092. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KELAH JANAE MCFARLAND-BARNES/Examiner, Art Unit 2431
/SARAH SU/Primary Examiner, Art Unit 2431
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