DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/19/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed on 03/19/2025 are accepted by the examiner.
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 USC 101. The claimed invention is directed to non-statutory subject matter because claims 1, 7, and 13 are directed to an abstract idea without significantly more. Claims 2-6, 8-12, and 14-16 fail to remedy these deficiencies.
The claims 1, 7, and 13 recite receiving a plurality of meta data and a warehouse receipt, generating a non-fungible token (NFT), validating the non-fungible token (NFT) using one or more non-invasive approaches, creating a warehouse commodity management via a decentralized network, estimating a base value, determining a dynamic collateral value, generating an optimal commodity selling schedule, and enabling a market-place transaction system for the non-fungible token (NFT) based on the optimal commodity selling schedule.
The Claims 1, 7, and 13 recite generating, validating, creating, estimating, determining, and enabling steps as drafted, are processes that under broadest reasonable interpretation, cover performance of managing personal behavior and cover performance of the limitation by utilizing mathematical algorithms/functions, but for the recitation of generic computer components. That is, other than reciting “a memory storing instructions; one or more communication interfaces; and one or more hardware processors coupled to the memory via the one or more communication interfaces, a decentralized network”, nothing in the claim element precludes the steps from practically being performed by organizing human activity and utilizing mathematical algorithms. For example, but for the “the memory, the one more communication interfaces, the one or more hardware processors, and the decentralized network” in the context of these claims encompasses a person manually generates a non-fungible token/certificate, validates the on-fungible token/certificate, creates a warehouse management, estimates a base value of the one or more commodity, determines a dynamical collateral value using one or more predictive models, generates an optimal commodity selling schedule using the predictive models and optimization algorithms, enables a market-place transaction based on the optimal commodity selling schedule. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation by managing personal behavior but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation by utilizing mathematical algorithms/functions but for the recitation of generic computer components, then it falls within the “Mathematical Concepts” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because receiving steps are recited at a high level of generality (i.e., as a general means of receiving meta data and a warehouse receipt step) and amounts to mere data gathering, which is a form of insignificant extra-solution activity. This judicial exception is not integrated into a practical application because the claims as a whole merely describe how to generally “apply” the concept of receiving, generating, validating, creating, estimating, determining, and enabling in a computer environment. The claimed computer components such as the memory, the one more communication interfaces, the one or more hardware processors, and the decentralized network are recited at a high level of generality and are merely invoked as tools to perform receiving, generating, validating, creating, estimating, determining, and enabling steps. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims 1, 7, and 13 are directed to an abstract idea.
The claims 1, 7, and 13 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using the memory, the one more communication interfaces, the one or more hardware processors, and the decentralized network to perform receiving, generating, validating, creating, estimating, determining, and enabling steps amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Therefore, the claim does not amount to significantly more than the recited abstract idea (Step 2B: NO). The claims 1, 7 and 13 are not patent eligible.
Claims 2-6, 8-12, and 14-16, disclose insignificant helpful content to further describe content, such as the one or more warehouse ranking consideration factors, different parameters for estimating the base value, the dynamical collateral value ensures resilience, different real time variables, and the updated optimal commodity selling schedule, which are merely descriptive content to further limit the abstract idea but not make it less abstract. Thus, the claims 2-6, 8-12, and 14-16 are directed to an abstract idea.
This judicial exception is not integrated into a practical application because descriptive content in claims2-6, 8-12, and 14-16 further limit the abstract idea but not make it less abstract. Thus, the claims 2-6, 8-12, and 14-16 are directed to an abstract idea.
There are no additional claim element limitations recited in the claims 2-6, 8-12, and 14-16. Therefore, the claim does not amount to significantly more than the recited abstract idea (Step 2B: NO). The claims 2-6, 8-12, and 14-16 are not patent eligible.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1--18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 11,836,688 to Lawrence.
With regard to claims 1, 7, and 13, Lawrence discloses a system comprising:
a memory storing instructions (fig. 4, col. 19, lines 6-8, The main hardware 401 in the CCS is a combination of at least one conventional smartphone, personal computer and server each with sufficient memory and processing power.);
one or more communication interfaces (col. 10, lines 52-60, The user interfaces are the input and output gateways for communications with the CCS 201.); and
one or more hardware processors coupled to the memory via the one or more communication interfaces, wherein the one or more hardware processors are configured by the instructions to (fig. 4, col. 19, lines 6-8):
receive a plurality of meta data associated with one or more warehouses pertaining to one or more entities, and a warehouse receipt created for one or more commodities that are stored in the one or more warehouses (col. 5, lines 28-31, lines 49-53receives a notification that said first authenticated natural resource has been added to said distributed inventory and has also been associated with a first node in a distributed database. the plurality of meta data about said first authenticated natural resource includes at least one of a quality, a market value, an authenticated provenance, a location history, authentication information and at least one electronic signature from a trusted authority);
generate a non-fungible token (NFT) for (i) the one or more warehouses pertaining to the one or more entities using the plurality of meta data and (ii) the warehouse receipt created for each of the one or more commodities (col. 5, lines 28-41, receives a notification that said first authenticated natural resource has been added to said distributed inventory and has also been associated with a first node in a distributed database; stores a plurality of meta data about said first authenticated natural resource in said first node including a confidential message; and creates a first cryptographic token, based on a first value of said first authenticated natural resource, that is used for a plurality of insurance and financial products.);
validate the non-fungible token (NFT) for (i) the one or more warehouses pertaining to the one or more entities using the plurality of meta data, and (ii) the warehouse receipt created for each of the one or more commodities using one or more approaches (col. 51, lines 23-26 and col. 53, lines 14-20, The inventory consensus database stores meta data about the authenticated natural resource 1703 including its quality, value, provenance, certainty, value capture, current location and historical locations. This enables each container, which is a node in the distributed database, to update and validate its copy of the distributed inventory database based on achieving a consensus with all other database nodes within its communication reach.);
create a decentralized network for a warehouse commodity management using the validated NFT generated (col. 8, lines 40-59, In an exemplary embodiment, a derivative, such as a gold derivative product, may be created under a set of rules stored in the form of a digital token. This digital token is a string of bytes entered into an electronic ledger or second blockchain (Blockchain 2). The token is therefore a tradeable asset or commodity that is a derivative of the gold, or other natural resource, in the inventory. );
estimate a base value of the one or more commodities in the decentralized network for warehouse commodity management based on one or more parameters (col. 8, lines 40-59, the token has tangible value that can appreciate and depreciate based on the appreciation and depreciation of the value of the unit of inventory, such as gold or another natural resource.);
determine a dynamic collateral value of the one or more commodities in the decentralized network for warehouse commodity management using one or more predictive models, wherein the one or more predictive models determine the dynamic collateral value by dynamically updating the base value in accordance with one or more market related conditions, one or more anticipated losses, and a sustainable storage index (col. 8, lines 40-col. 9, lines 15 and col. 45, lines 25-31, The present invention offers a number of other derivative products that are collateralized by the inventory. The inventory management system calculates the value captured from the inventory and the forecasted revenue based on projected value capture. In this case, a user can use the risk modeling module 1415 to estimate the value of a mining project by taking into account the impact of geological and economic uncertainties.);
generate an optimal commodity selling schedule based on one or more real time variables using the one or more predictive models and one or more optimization algorithms (col. 9, lines 48-col. 10, lines 16, It also leverages logistics, including distribution and storage cost information, to determine the optimal time and method to transport inventory to its optimal location to satisfy ad hoc demand in near real time. The present invention uses its logistics system, within the inventory management system, to determine how and when to transport the inventory to the sales location that has the highest probability for a physical sale.); and
enable a market-place transaction system for the non-fungible token (NFT) generated for (i) the one or more warehouses pertaining to the one or more entities using the plurality of meta data, and (ii) the warehouse receipt created for each of the one or more commodities based on the optimal commodity selling schedule (col. 9, lines 48-col. 10, 16, Consequently, a buyer can decide to purchase gold from a specific supplier and receive that gold in near real time so long as the market maker has gold from that supplier in its inventory in the buyer's closest location.).
With regard to claims 2, 8, and 14, Lawrence discloses determining a ranking for the one or more warehouse based on (i) a feedback received from the one or more entities, and (ii) a plurality of data related to continuous commodity and environmental monitoring obtained from the one or more warehouses (col. 21, lines 37-44, The CCS uses the logistics database 608 to store information about its logistical options. For each logistical option, the logistics database contains a plurality of fields that include a unique reference key for each record in the logistics database, the type of transportation option, the cost, timetable, duration, restrictions, source, destination, historical performance, inputs, outputs, risks, user feedback and current ranking.).
With regard to claims 3, 9, and 15, Lawrence discloses the one or more parameters for estimating the base value of the one or more commodities comprise at least one of (i) information associated with an actual yield of the one or more commodities, (ii) grade of the one or more commodities, (iii) real time market price trends associated with the one or more commodities,(iv) the one or more anticipated losses, (v) a sustainable cultivation index, and (vi) a sustainable transport index (col. 44, lines 8-13 and col. 49, lines 35-50, When a truck can produce $15,000 in revenue per hour, the loss of that truck for any reason quickly becomes very costly. Sensors in trucks allow operations staff to contact a driver if a truck is not operating at maximum capacity so that yield rates can be increased, which increases revenues. The net nominal value capture is the profits from derivative sales or derivative revenues less associated costs. The projected net nominal value capture is the expected profits from derivative sales and from projected inventory sales.).
With regard to claims 4, 10, and 16, Lawrence discloses the dynamic collateral value of the one or more commodities ensures resilience with evolving market dynamics and storage conditions (col. 9, lines 3-6, A token swap gives an investor the opportunity to swap a speculative token for a stable token, backed by gold for example, if the price of the speculative token declines. ).
With regard to claims 5, 11, and 17, Lawrence discloses the one or more real time variables for generating the optimal commodity selling schedule comprise at least one of (i) an anticipated market price trend associated with the one or more commodities, (ii) the one or more anticipated losses, (iii) information associated with temporal arrival of the one or more commodities into market, and (iv) one or more user preferences (col. 9, lines 48-col. 10, lines 16, The present invention leverages market information to predict demand and mining analytics to predict supply. It also leverages logistics, including distribution and storage cost information, to determine the optimal time and method to transport inventory to its optimal location to satisfy ad hoc demand in near real time. The present invention uses its logistics system, within the inventory management system, to determine how and when to transport the inventory to the sales location that has the highest probability for a physical sale.).
With regard to claims 6, 12, and 18, Lawrence discloses the optimal commodity selling schedule is dynamically updated ( col. 9, lines 48-col. 10, lines 16 and col. 49, lies 31-34, The optimal monetization locations and transportation routes are updated in real time based on changing source data, including warehouse costs, transportation costs, schedules, predictive analysis and performance feedback.).
Conclusion
Please refer to form 892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIEL J YU whose telephone number is (571)270-3312. The examiner can normally be reached 11AM - 7PM (M-F).
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Obeid Fahd A can be reached on 571-270-3324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ARIEL J YU/Primary Examiner, Art Unit 3627
Prosecution Insights