DETAILED ACTION
This is first office action on the merits in response to the application filed on 03/27/2025.
Claims 1-20 have been filed by the applicant.
Claims 1-20 are currently pending and have been examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-20 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 1-20 are directed to a method. Therefore, these claims fall within the four statutory categories of invention.
The limitations of independent claim 1, have been denoted with letters by the Examiner for easy reference. The judicial exceptions recited in claim 1 are identified in bold below:
A method for accessing a content asset by a user device comprising a processor and a non- transitory computer-readable storage medium storing instructions that, when executed by the processor, cause the user device to perform the method, the method comprising:
receiving, by the user device, content link information associated with the content asset, the content link information comprising:
license information, the license information comprising content agreement information and license service access information,
trusted ledger information referencing at least one entry in a trusted ledger, and
content distribution information, the content distribution information comprising location information for accessing the content asset;
sending, by the user device to a license service, a content license request, the content license request being generated based on the license information and the trusted ledger information included in the content link information; and
receiving, by the user device from the license service, an electronic license for accessing the content asset, the electronic license being generated by the license service based on the content agreement information;
retrieving the content asset by the user device based on the content distribution information included in the content link information; and
accessing the content asset using the electronic license.
Limitations A through I under the broadest reasonable interpretation covers steps or functions of commercial interactions. Other than reciting generic computer hardware in limitations, nothing in the claim element differentiates the limitation from processes of commercial interactions. For Therefore, limitations A through I recite an abstract idea, as highlighted above, that is consistent with the agreements in the form of contracts aspects of a certain method of organizing human activities.
Accordingly, claim 1, recites abstract idea and the analysis proceed to Step 2A.2.
The judicial exception is not integrated into a practical application. In particular, claim 1 recites the additional elements in bold below:
A method for accessing a content asset by a user device comprising a processor and a non- transitory computer-readable storage medium storing instructions that, when executed by the processor, cause the user device to perform the method, the method comprising:
receiving, by the user device, content link information associated with the content asset, the content link information comprising:
license information, the license information comprising content agreement information and license service access information,
trusted ledger information referencing at least one entry in a trusted ledger, and
content distribution information, the content distribution information comprising location information for accessing the content asset;
sending, by the user device to a license service, a content license request, the content license request being generated based on the license information and the trusted ledger information included in the content link information; and
receiving, by the user device from the license service, an electronic license for accessing the content asset, the electronic license being generated by the license service based on the content agreement information;
retrieving the content asset by the user device based on the content distribution information included in the content link information; and
accessing the content asset using the electronic license
The additional element(s) merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)). As such, 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, 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 defined by high level recitations of a computer and the Internet. 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 is not patent eligible.
Dependent claims 2 further recite additional elements which are generic computers. The additional elements fail to recite a practical application nor significantly more than the abstract idea. The claim does not recite additional elements that integrate the abstract idea to a practical application nor provide significantly more than the abstract idea.
Dependent claims 3 and 4 further recite capturing information. The additional elements of camera and user device fail to recite a practical application nor significantly more than the abstract idea. The claim does not recite additional elements that integrate the abstract idea to a practical application nor provide significantly more than the abstract idea.
Dependent claims 5 further recite payment information which further recites the abstract idea. The claim does not recite additional elements that integrate the abstract idea to a practical application nor provide significantly more than the abstract idea.
Dependent claims 6 further recite engaging a transaction which further recites the abstract idea. The additional elements fail to recite a practical application nor significantly more than the abstract idea.
Dependent claims 7 further recite identifying license service which further recites the abstract idea. The claim does not recite additional elements that integrate the abstract idea to a practical application nor provide significantly more than the abstract idea.
Dependent claims 8 further recite generating content link information which further recites the abstract idea. The claim does not recite additional elements that integrate the abstract idea to a practical application nor provide significantly more than the abstract idea.
Dependent claims 9 further defines rightsholder which is merely data. The claim does not recite additional elements that integrate the abstract idea to a practical application nor provide significantly more than the abstract idea.
Dependent claims 10 further defines agreement information which is merely data. The additional elements fail to recite a practical application nor significantly more than the abstract idea.
Dependent claims 11-12 further recites decryption key and using decryption key to decrypt which is an abstract idea of mitigating risk. The additional elements fail to recite a practical application nor significantly more than the abstract idea.
Dependent claims 13 further recites additional element of downloading content which is merely using computer as tool. The additional elements fail to recite a practical application nor significantly more than the abstract idea.
Dependent claims 14 further defines information used to generate license which is merely data. The claim does not recite additional elements that integrate the abstract idea to a practical application nor provide significantly more than the abstract idea.
Dependent claims 15-16 further recites retrieving agreement terms which further recites the abstract idea. The additional elements fail to recite a practical application nor significantly more than the abstract idea.
Dependent claims 17 further recites validating association between agreement and content which further recites the abstract idea. The additional elements fail to recite a practical application nor significantly more than the abstract idea.
Dependent claims 18-20 further recites additional element of blockchain which generally link the use of the judicial exception to a particular technological environment (MPEP § 2106.05(h)). The additional elements fail to recite a practical application nor significantly more than the abstract idea.
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 are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter.
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) 1-2 and 5-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over MARTINEZ (US 20080115228 A1), and further in view of Lund (US 20170221029 A1).
With respect to claim 1:
MARTINEZ teaches (in italic):
receiving, by the user device, content link information associated with the content asset, the content link information comprising: license information, the license information comprising content agreement information and license service access information […] content distribution information, the content distribution information comprising location information for accessing the content asset. (At process block 1208, a listing of identified content items and associated rights can be provided to the content consumer. In one embodiment, the listing can be an HTML file that is rendered as a list of content item names and corresponding associated rights. A radio button 1306 and a radio button 1308 can be provided as part of a user interface 1300 to permit a content consumer to select a global rights license or a per-territory rights license. [0082 0086 Table F-G])
sending, by the user device to a license service, a content license request, the content license request being generated based on the license information [….]. (The content consumer computing device 106 can also be configured with logic to utilize the APIs provided by the rights provider 120 in order to request one or more content items according to the associated rights of the content items. [0038])
receiving, by the user device from the license service, an electronic license for accessing the content asset, the electronic license being generated by the license service based on the content agreement information; accessing the content asset using the electronic license. (A location indicator indicative of a network address where a content item is located or a content item can be received from a rights holder. An indication of access rights to be associated with the content item is received from the rights holder. The content item or the location indicator is stored in association with the indication of access rights. In one aspect, receiving the indication of the access rights includes receiving a license to use or to perform the content item. [0006-0007])
retrieving the content asset by the user device based on the content distribution information included in the content link information. (At process block 308, content consumers are provided access to the content item according to the location indicator and the indication of access rights associated with a content item. As such, either the content item is provided to the content consumer or an address to the content item is provided to the content consumer. [0053])
MARTINEZ does not explicitly teach the following limitations. However,
Lund teaches:
trusted ledger information referencing at least one entry in a trusted ledger; sending, […] request, the […] request being generated based on […] the trusted ledger information included in the content link information. (In step S1312, electronic device 1308 performs a content search of the storefront of content publisher 1302. In step S1314, content publisher 1302 transmits a blockchain address and/or currency cost to electronic device 1308. In step S1316, presuming a user of electronic device 1308 chooses to purchase content from content publisher 1302 and accepts the transmitted cost, electronic device 1308 initiates a blockchain transaction, which may be a colored coin transaction to blockchain 1310, including the content ID, and payment for the content. [0114])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by MARTINEZ to utilizing trusted ledger with the technique as disclosed by Lund to improve data security by immutability of blockchain as Lund suggested [0049].
With respect to claim 2:
MARTINEZ further teaches wherein the content link information is received from one or more of a website accessed by the user device, a social media service, and an electronic communication. (At process block 1208, a listing of identified content items and associated rights can be provided to the content consumer. In one embodiment, the listing can be an HTML file that is rendered as a list of content item names and corresponding associated rights. A radio button 1306 and a radio button 1308 can be provided as part of a user interface 1300 to permit a content consumer to select a global rights license or a per-territory rights license. [0082 0086 Table F-G])
With respect to claim 5:
MARTINEZ further teaches wherein the content link information further comprises content payment information, the content payment information comprising remuneration information associated with accessing the content asset and payment gateway identification information. ([Table G])
With respect to claim 6:
MARTINEZ further teaches wherein the method further comprises engaging in at least one transaction with a payment gateway service identified by the payment gateway identification information based on the content payment information. (An accounting module 136 can also be included as part of the rights provider 120 infrastructure. The accounting module 136 can be configured to receive payment from a content consumer and allocate the payment to the correct rights holder. [0041])
With respect to claim 7:
MARTINEZ further teaches wherein the license service is identified in license information included in the content link information. (At process block 1208, a listing of identified content items and associated rights can be provided to the content consumer. In one embodiment, the listing can be an HTML file that is rendered as a list of content item names and corresponding associated rights. A radio button 1306 and a radio button 1308 can be provided as part of a user interface 1300 to permit a content consumer to select a global rights license or a per-territory rights license. [0082 0086 Table F-G])
With respect to claim 8:
MARTINEZ further teaches wherein the content link information is generated by a rightsholder associated with the content asset. (Thus, a rights holder can utilize one or more interfaces to enter rights and content information to the rights engine 110. [0054])
With respect to claim 9:
MARTINEZ further teaches wherein the rightsholder comprises a creator of the content asset. (A rights cycle starts when the rights are created, acquired, and/or licensed. Rights creators can then become consumers, which in turn can create new content items. [0030])
With respect to claim 10:
MARTINEZ further teaches wherein the content agreement information comprises a location of one or more structured representations of agreements included in an agreement repository. (Furthermore, the location of signed agreements and agreement documents related to the conventional copyright can also be included as part of the rights entry recorded and stored at the rights database 116. [0058 Table C])
With respect to claim 11:
MARTINEZ further teaches wherein the electronic license comprises at least one content decryption key. (In one embodiment, the expiration of the rights provided to the consumer can be enforced using one or more known methodologies. For example, the content item can be accompanied by an encrypted key that ceases to grant access to the content item on pre-determined date. For example, a rendering device would only render the content item according to the provided key associated with the content item.])
With respect to claim 12:
MARTINEZ further teaches wherein accessing the content asset comprises decrypting at least a portion of the content asset using the at least one content decryption key. (In one embodiment, the expiration of the rights provided to the consumer can be enforced using one or more known methodologies. For example, the content item can be accompanied by an encrypted key that ceases to grant access to the content item on pre-determined date. For example, a rendering device would only render the content item according to the provided key associated with the content item. [0071])
With respect to claim 13:
MARTINEZ further teaches wherein accessing the content asset comprises at least one of downloading the content asset and initiating a rendering stream of the content asset. (At process block 302, a location indicator that is indicative of a network address where the content item is located is received from a rights holder. In one example, the location indicator can be a URL (universal resource locator) address or URI (universal resource identifier). In another embodiment, the location indicator can be, for example, an IP (internet protocol) address. As such, either the content item is provided to the content consumer or an address to the content item is provided to the content consumer. [0050 0053])
With respect to claim 14:
MARTINEZ further teaches wherein the electronic license is generated based on agreement terms associated with the content asset retrieved by the license service based on the content agreement information included in the content link information. (Information related to the period of the license, as well as fee related information such as amounts, currency, percentage of retail sales, etc. can be also part of the rights entry for a conventional copyright. [0058 Table C])
With respect to claim 15:
MARTINEZ further teaches wherein the agreement terms are retrieved from an agreement repository. (Furthermore, the location of signed agreements and agreement documents related to the conventional copyright can also be included as part of the rights entry recorded and stored at the rights database 116. [0058 Table C])
With respect to claim 16:
Lund further teaches wherein the agreement terms are retrieved from the trusted ledger. (In operation, system 100 utilizes blockchain 102 and blockchain processor 104 to secure a transaction 120 between first party 106 and second party 108. In the exemplary embodiment, first memory 112 and second memory 116 each are configured to store certificates and other information, including, without limitation, at least one of ........ terms of agreement between the parties, licenses that may encumber the transferred content, and exchange rate information related to a monetary exchange between parties for the transfer of content. [0044])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by MARTINEZ to utilizing trusted ledger with the technique as disclosed by Lund to improve data security by immutability of blockchain as Lund suggested [0049].
With respect to claim 17:
Lund further teaches wherein the electronic license is further generated based on validating a secure cryptographic association between the content agreement information and the content asset recorded in the trusted ledger. (In operation, system 100 utilizes blockchain 102 and blockchain processor 104 to secure a transaction 120 between first party 106 and second party 108. In the exemplary embodiment, first memory 112 and second memory 116 each are configured to store certificates and other information, including, without limitation, at least one of an envelope ID or transaction ID, a certificate of the respective party A or B ........ terms of agreement between the parties, licenses that may encumber the transferred content, and exchange rate information related to a monetary exchange between parties for the transfer of content. [0044])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by MARTINEZ to utilizing trusted ledger with the technique as disclosed by Lund to improve data security by immutability of blockchain as Lund suggested [0049].
With respect to claim 18:
Lund further teaches wherein the trusted ledger comprises cryptographically linked entries. (Blockchaining technology takes transaction information, encapsulates it in a digital envelope or “block” and then the block is cryptographically added (using cipher chaining techniques) to the end of a chain of other transactions. [0004])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by MARTINEZ to utilizing trusted ledger with the technique as disclosed by Lund to improve data security by immutability of blockchain as Lund suggested [0049].
With respect to claim 19:
Lund further teaches wherein the trusted ledger comprises a trusted immutable distributed assertion ledger. (It is through this technique that the immutability of the chain, and permanency of its public ledger, is maintained. [0004])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by MARTINEZ to utilizing trusted ledger with the technique as disclosed by Lund to improve data security by immutability of blockchain as Lund suggested [0049].
With respect to claim 20:
Lund further teaches wherein the trusted immutable distributed assertion ledger comprises a blockchain ledger. (Blockchaining technology takes transaction information, encapsulates it in a digital envelope or “block” and then the block is cryptographically added (using cipher chaining techniques) to the end of a chain of other transactions. [0004])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by MARTINEZ to utilizing trusted ledger with the technique as disclosed by Lund to improve data security by immutability of blockchain as Lund suggested [0049].
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over "MARTINEZ" and "Lund" as applied to claim above, and further in view of Silver (US 20220180414 A1).
With respect to claim 3:
MARTINEZ in view of Lund does not teach wherein receiving the content link information comprises capturing the content link information using a sensor of the user device. However,
Silver teaches wherein receiving the content link information comprises capturing the content link information using a sensor of the user device. (In some instances, the retailer may hold funds from a sale to ensure that the customer is not going to request a refund. The hold period of the funds may be based on the seller delivering shipping confirmation of the product to the retailer, or a predetermined waiting period (e.g. 30 days). [0050])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by MARTINEZ in view of Lund to capture information using a sensor with the technique as disclosed by Silver to provide convenience to user.
With respect to claim 4:
MARTINEZ in view of Lund does not teach wherein the sensor of the user device comprises a camera sensor. However,
Silver teaches wherein the sensor of the user device comprises a camera sensor. (Step 3: The transaction platform 102 may send the QR code 1510 (or the image or bitmap) within a communication to the digital content management system 1502. Step 4: Upon receipt, the digital content management system 1502 may cause display of the QR code 1510 on the display device 1508. In some examples, a prompt 1511 may be displayed along with the QR code 1510 to prompt the gamer to scan the QR code 1510 to purchase the digital content. [0138])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system as disclosed by MARTINEZ in view of Lund to capture information using a camera with the technique as disclosed by Silver to provide convenience to user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11928188 B1: Decentralized Ledger Utilities: utilities to access an immutable and decentralized cryptographic ledger to verify identities, licenses, digital signatures, etc. 4) Identity-Based Cryptographic Communication Protocols: standardized cryptographic communication protocols for use with Decentralized Identity infrastructures.
US 20190058910 A1: In one embodiment, a computing device includes: a media player operative to at least play a content item on the computing device, a blockchain-based wallet application operative to transfer a transaction amount to a publisher wallet ID via an associated blockchain-based transaction service, a secure digital rights management (DRM) client application operative to verify the transfer of the transaction amount to said publisher wallet ID according to a public transaction ledger associated with the associated blockchain-based transaction service and upon successful verification of the transfer of the transaction amount to the publisher wallet ID at least unlock a locked version of the content item, and a processor operative to execute the media player, the blockchain-based wallet application, and the DRM client application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZESHENG XIAO whose telephone number is (571)272-6627. The examiner can normally be reached 8:30-5 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, Patrick McAtee can be reached on (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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/Z.X./Examiner, Art Unit 3698
/PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698