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 .
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 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The claims at a high level recite selecting a publication audience for trust-based transaction by connectivity calculation.
Step 1: Does the Claim Fall within a Statutory Category?
Yes. Claims 19-20 recite a method and are directed to the statutory class.
The USPTO Guidance recites:
(1) any judicial exceptions, including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human activity such as a fundamental economic practice, or mental processes) (Step 2A, Prong 1); and
(2) additional elements that integrate the judicial exception into a practical application (Step 2A, Prong 2). MPEP §§ 2106.04(a), (d).
Only if the claim (1) recites a judicial exception and (2) does not integrate that exception into a practical application, do we then look in Step 2B to whether the claim:
(3) adds a specific limitation beyond the judicial exception that is not “well-understood, routine, conventional” in the field; or
(4) simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. MPEP § 2106.05(d).
Step 2A, Prong One: Is a Judicial Exception Recited?
First, determine whether the claims recite any judicial exceptions, including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human activity, or mental processes). MPEP § 2106.04(a).
Claim 1 recites –
▪ determining with the server whether the first trust-based transaction is public (Abstract Idea of a mental process, see MPEP § 2106.04(a)(2)(III). Under the broadest reasonable interpretation, this limitation is an abstract idea of “a mental process” because it recites a process that can be performed in the human mind (i.e., observation, determination, evaluation, judgment, and opinion) — a user can reason whether transaction is public);
▪ if the first trust-based transaction is public, determining a publication group to publish at least some information relating to the first trust-based transaction, wherein determining the publication group comprises: accessing, with at least one server, information in a datastore relating to the network of computation devices (Abstract Idea of a mental process, see MPEP § 2106.04(a)(2)(III). Under the broadest reasonable interpretation, this limitation is an abstract idea of “a mental process” because it recites a process that can be performed in the human mind (i.e., observation, determination, evaluation, judgment, and opinion) — a user can obtain information based on the transaction being public);
▪ identifying, with the at least one server, paths in the network of computation devices from the first device to at least one of the plurality of computation devices of the network of computation devices (Abstract Idea of a mental process, see MPEP § 2106.04(a)(2)(III). Under the broadest reasonable interpretation, this limitation is an abstract idea of “a mental process” because it recites a process that can be performed in the human mind (i.e., observation, determination, evaluation, judgment, and opinion) — a user can logically determine path / destinations for the transaction);
▪ calculating a connectivity value between the first computation device and the at least one of the plurality of computation devices of the network of computation devices, wherein the calculating comprises: identifying a plurality of links in the identified paths; for one or more identified links, accessing a data structure to identify nodes connected to the identified link; and for each identified node, calculating an out-link weight for one or more out-links of the identified node; calculating the connectivity value based on the calculated out-link weights (Abstract Idea of a mental process, see MPEP § 2106.04(a)(2)(III). Under the broadest reasonable interpretation, this limitation is an abstract idea of “a mental process” because it recites a process that can be performed in the human mind (i.e., observation, determination, evaluation, judgment, and opinion) — mathematical reasoning see MPEP § 2106.04(a)(2)(l). Note: under the broadest reasonable interpretation of the claim, the claimed invention encompasses mathematical concept (e.g., Mathematical Formula or Equations));
▪ adding the at least one of the plurality of computation devices of the network of computation devices to the publication group based on the calculated connectivity value (Abstract Idea of a mental process, see MPEP § 2106.04(a)(2)(III). Under the broadest reasonable interpretation, this limitation is an abstract idea of “a mental process” because it recites a process that can be performed in the human mind (i.e., observation, determination, evaluation, judgment, and opinion) — a user can logically specify access for the nodes allowed to be connected);
These limitations, based on their broadest reasonable interpretation, recite a mental process, i.e. a judicial exception.
A method, like the claimed method, “a process that employs mathematical algorithms to manipulate existing information to generate additional information is not patent eligible.” See Digitech Image Techs, LLC v. Elecs. for Imaging, Inc., 758 F.3d 1344, 1351 (Fed. Cir. 2014). See Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350 (Fed. Cir. 2016) where collecting information, analyzing it, and displaying results from certain results of the collection and analysis was held to be an abstract idea. See In re Meyer, 688 F.2d 789, 795—96 (CCPA 1982), which held that “a mental process that a neurologist should follow” when testing a patient for nervous system malfunctions was not patentable.
Accordingly, the claims recite an abstract idea.
Step 2A, Prong Two: Is the Abstract Idea Integrated into a Practical Application?
Next determine whether the claims recite additional elements that integrate the judicial exception into a practical application (see MPEP §§ 2106.05(a)-(c), (e)-(h)). To integrate the exception into a practical application, the additional claim elements must, for example, improve the functioning of a computer or any other technology or technical field (see MPEP § 2106.05(a)), apply the judicial exception with a particular machine (see MPEP § 2106.05(b)), or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment (see MPEP § 2106.05(e)).
Additional elements:
▪ transmitting, to a first device and a plurality of computation devices of a network of computation devices, software for communications relating to trust-based transactions (A generic computer functions of receiving and processing that are well-understood, routine, and conventional activities previously known to the industry. A data transmission is merely extra-solution activities and does not meaningfully limit the independent claims. Generic computer implementation does not provide significantly more than the abstract idea. Amount to no more than mere instructions to apply the abstract idea using a generic computer component. Examiner’s note: high level application of merely invoking a computer components to apply the exception - see MPEP 2106.05(f));
▪ receiving with a server, a request from the first device's software to initiate a first trust-based transaction (Generic computer functions of receiving data and executing software does not provide significantly more than the abstract idea. Adding insignificant extra-solution activity to the judicial exception - see MPEP § 2106.05(g) Examiner’s note: high level application of merely invoking a computer components to apply the exception - see MPEP 2106.05(f));
The term “additional elements” for claim features, limitations, or steps that the claim recites beyond the identified judicial exception. Claim do not recite any improvements to these additional elements, nor does the claims recite any particularly programmed or configured computer system, device, or machine learning. Rather, the additional elements in claim 19 serve merely to automate the abstract idea. See Int’l Bus. Machs. Corp. v. Zillow Group, Inc., 50 F. 4" 1371, 1382 (Fed. Cir. 2022) (“[A] patent that ‘automate[s] “pen and paper methodologies” to conserve human resources and minimize errors’ is a ‘quintessential “do it on a computer” patent’ directed to an abstract idea.”) (quoting Univ. of Fla. Rsch. Found., Inc. v. Gen. Elec. Co., 916 F.3d 1363, 1367 (Fed. Cir. 2019)). Therefore, none of these recited additional elements, whether considered individually or in combination, integrates the judicial exception into a practical application.
The additional elements listed above that relate to computing components are recited at a high level of generality (i.e., as generic components performing generic computer functions such as communicating and processing known data) such that they amount to no more than mere instructions to apply the exception using generic computing components. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Additionally, the claims do not purport to improve the functioning of the computer itself. There is no technological problem that the claimed invention solves. Rather, the computer system is invoked merely as a tool. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore, these claims are directed to an abstract idea.
Claim 19 recites - a plurality of computation devices of a network of computation devices, software for communications relating to trust-based transactions and a server (see MPEP 2106.05(d)(Il). Taking the claim elements separately, the function performed by the computer at each step of the process is purely conventional. Using a computer and associated computer network to obtain data, use data to identify other data, and comparing data, are some of the most basic functions of a computer. All of these computer functions are well-understood, routine, conventional activities previously known to the industry. The method claims do not, for example, purport to improve the functioning of the computer itself. Nor do they effect an improvement in any other technology or technical field. Instead, the claims at issue amount to nothing significantly more than an instruction to apply the abstract idea of displaying, processing and storing data using some unspecified, generic computer).
Step 2B: The additional elements are not sufficient to amount to significantly more than the judicial exception.
For these reasons, independent claim 19 is directed to an abstract idea.
Step 2B: Does the Claim Provide an Inventive Concept?
Next, determine whether the claims recite an “inventive concept” that “must be significantly more than the abstract idea itself, and cannot simply be an instruction to implement or apply the abstract idea on a computer.” BASCOM Glob. Internet Servs., Inc. v. AT&T Mobility LLC, 827 F.3d 1341, 1349 (Fed. Cir. 2016); see MPEP § 2106.05(d). There must be more than “computer functions [that] are “well-understood, routine, conventional activit[ies]’ previously known to the industry.” Alice Corp. v. CLS Bank Int'l, 573 U.S. 208, 225 (2014) (second alteration in original) (quoting Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 73 (2012)); see MPEP § 2106.05(d).
No “inventive concept” sufficient to transform the abstract method of organizing human activity into a patent-eligible application. See MPEP § 2106.05. Rather, the additional elements identified above are merely well-understood, conventional computer components, as confirmed by the Specification. See MPEP § 2106.05(d)(1). For example, the Specification refers to the additional elements in generic terms.
As discussed above with respect to integration of the abstract idea into a practical application, the additional elements relating to computing components amount to no more than applying the exception using a generic computing components. Mere instructions to apply an exception using a generic computing component cannot provide an inventive concept. Furthermore, the broadest reasonable interpretation of the claimed computer components (i.e., additional elements) includes any generic computing components that are capable of being programmed to communicate and process known data.
Additionally, the computer components are used for performing insignificant extra-solution activity and well understood, routine, and conventional functions. For example, the claimed processor and machine learning merely communicates and processes known data. Activities such as these are insignificant extra-solution activity and, therefore, well understood, routine, and conventional. See MPEP 2106.05(d); see also, e.g., OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d at 1363, 115 USPQ2d at 1092-93 (Presenting offers to potential customers and gathering statistics generated based on the testing about how potential customers responded to the offers; the statistics are then used to calculate an optimized price); CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011) (Obtaining information about transactions using the Internet to verify credit card transactions); Ultramercial, Inc. v. Hulu, LLC, 772 F.3d at 715, 112 USPQ2d at 1754 (Consulting and updating an activity log); Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354-55, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016) (Selecting information, based on types of information and availability of information in a power-grid environment, for collection, analysis and display); Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 1244, 120 USPQ2d 1844, 1856 (Fed. Cir. 2016) (Recording a customer’s order); Return Mail, Inc. v. U.S. Postal Service, -- F.3d --, -- USPQ2d --, slip op. at 32 (Fed. Cir. August 28, 2017) (Identifying undeliverable mail items, decoding data on those mail items, and creating output data); Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1331, 115 USPQ2d 1681, 1699 (Fed. Cir. 2015) (Arranging a hierarchy of groups, sorting information, eliminating less restrictive pricing information and determining the price). Furthermore, limitations such as integrating account details are well-understood, routine, and conventional activity. See Alice Corp., 134 S. Ct. at 2359, 110 USPQ2d at 1984 (creating and maintaining "shadow accounts"); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log).
Independent system claim 19 contain the identified abstract ideas, with the additional elements of computation devices of a network and a server, which is a generic computer component, and thus not significantly more for the same reasons and rationale above.
Dependent claim 20 further describe the abstract idea. The additional elements of the dependent claims fail to integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea. Thus, as the dependent claims remain directed to a judicial exception, and as the additional elements of the claims do not amount to significantly more, the dependent claims are not patent eligible. As such, the claims are not patent eligible.
With respect to claim 20:
Step 2A Prong 1: the claims recite a judicial exception (an abstract idea)
▪ if the first trust-based transaction is public: publishing the information relating to the first trust-based transaction to the one or more computation devices of the publication group; and transmitting, to the one or more computation devices of the publication group, information related to the first trust-based transaction with which information a computation device of the publication group may initiate a second trust-based transaction; or if the first trust-based transaction is not public: not publishing the information relating to the first trust-based transaction to the one or more computation devices of the publication group; and not transmitting, to the one or more computation devices of the publication group, information related to the first trust-based transaction with which information a computation device of the publication group may initiate a second trust-based transaction (Abstract Idea of a mental process. Under the broadest reasonable interpretation, the obtaining/determining probability distribution and divergence, as drafted, is an abstract idea of “a mental process” because it recites a process that can be performed in the human mind (i.e., observation, determination, evaluation, judgment, and opinion) — a user can manually determine whether transaction is public or not and publish information based on the determination).
Step 2A Prong 2: the additional elements that are not sufficient to integrate the judicial exception into a practical application.
Additional elements:
one or more computation devices, transmitting information, initiate a trust-based transaction (Amount to mere instruction to apply the abstract idea using a generic computer component. A mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).)
Step 2B: the additional element is not sufficient to amount to significantly more than the judicial exception. Additional elements: listed above in step 2A prong 2. The additional elements which, considered individually and as an ordered combination with the additional elements from the claim upon which it depends, do not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Therefore, claim 20 is ineligible.
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 11, 13-18, 21, 23-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeager et al. (US 20030055894) in view of the applicant’s admitted prior art Kurian et al. (US 2008/0133391) and in further view of Duhan et al. “Page Ranking Algorithms: A Survey”.
Regarding claim 11, Yeager teaches a system comprising:
cluster of networked devices, each networked device having a processor ([0045]);
a server having a connection via a network to each device in the cluster of networked devices ([0049], [0058], [0200]);
a data store housing a representation of a network of computation devices ([0109], [0250], [0267], [0355], [0372]), each computation device represented by a node ([0217]-[0219]), each network connection between two computation devices represented by an out-link and an in-link ([0050], [0251]-[0254], [0342]-[0344]);
wherein a path between two computation devices in the network may be represented by one or more pluralities of links between different computation devices in the network ([0075]-[0077]);
the server comprising computer executable instructions for executing the following steps upon receiving a request to initiate a trust-based transaction ([0013], [0055]):
determine a publication group to publish at least some information relating to the first trust-based transaction ([0113]-[0114], [0124], [0163], [0174], [0201], [0232], [0250]) (see NOTE I), wherein determining the publication group comprises:
accessing information in the data store relating to the representation ([0058]);
identifying paths in the representation from a first computation device to at least one of a plurality of other computation devices in the network of computation devices ([0075]-[0077]); and
calculating a connectivity value between the first computation device and the at least one of the plurality of other computation devices ([0128], [0221] “peer-to-peer platform may enable interconnected peers to easily locate each other, communicate with each other”, [0259], [0268] “allowing for full peer connectivity”, [0276], [0284], [0297] “new peer needs to reach some level of connectivity”), wherein the calculating comprises:
identifying a plurality of links in the identified paths ([0075]-[0077]);
for one or more identified links, accessing a data structure to identify nodes connected to the identified link ([0107]); and for each identified node, calculating, using one or more of the cluster of networked devices, an out-link weight for one or more out- links of the identified node ([0075], [0085]); wherein the calculated connectivity value is based on the calculated out-link weights ([0109], [0124], [0128])(see NOTE II); and
adding the at least one of the plurality of other computation devices to the publication group based on the calculated connectivity value ([0113]-[0114], [0163], [0174], [0201], [0232], [0250]) (see NOTE I); and
transmit, to the publication group via network connection, information related to the first trust-based transaction ([0118]-[0120], [0123]).
NOTE I if Yeager does not explicitly teach, however Kurian discloses determine a publication group to publish at least some information relating to the first trust-based transaction (See Kurian paragraphs 11, 42-44, 46-48, 50, 54- 59, 82-85, 87-90, 99-106, 116-124 and Figure 1, 7 and 13, 15-16) and adding the at least one of the plurality of other computation devices to the publication group based on the calculated connectivity value (See Kurian paragraphs 11, 50-54, 61-62, 81-85, 87-97 and Figure 1).
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 teachings of Yeager to determine a publication group to publish at least some information relating to the first trust-based transaction as disclosed by Kurian. Doing so would encode financial trust relationships in online communities, and to enable related actions based upon such relationships (Kurian [0010]).
NOTE II – the claim requires a particular formula for the calculation of the connectivity value. While the prior of art Yeager does might not exactly disclose such formula, Yeager discloses similar computations. However, the concept of back propagation of link weights is known in art. For example, a well-known PageRank algorithm (proposed by L. Page, S. Brin in 1999 (well before the present application) fully discloses such formula and any particular equation would be an obvious to try combination of elements in order to achieve a predictable results. See MPEP 2143.
However, if Yeager does not explicitly teach, however Duhan discloses a connectivity value between the first computation device and the at least one of the plurality of computation devices of the network of computation devices, wherein the calculating comprises: identifying a plurality of links in the identified paths; for one or more identified links, accessing a data structure to identify nodes connected to the identified link; and for each identified node, calculating an out-link weight for one or more out-links of the identified node; calculating the connectivity value based on the calculated out-link weights (see pp.1531-1533 ¶A).
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 teachings of Yeager to include calculating a connectivity value as disclosed by Duhan. Doing so would help manage the information on the web and satisfy the user needs (Duhan p.1530 C1).
Regarding claim 21, Yeager teaches a method comprising:
transmitting, to a first device and a plurality of computation devices of a network of computation devices, software for communications relating to trust-based transactions ([0049], [0051], [0056], [0058]);
receiving with a server, a request from the first device's software to initiate a first trust-based transaction ([0032], [0075], [0122], [0124], [0143]);
automatically determining with the server a publication group to publish at least some information relating to the first trust-based transaction ([0113]-[0114], [0124], [0163], [0174], [0201], [0232], [0250]) (see NOTE I), wherein determining the publication group comprises:
accessing, with at least one server, information in a datastore relating to the network of computation devices ([0058]);
identifying, with the at least one server, paths in the network of computation devices from the first device to at least one of the plurality of computation devices of the network of computation devices ([0075]-[0077]); and
calculating a connectivity value between the first device and the at least one of the plurality of computation devices of the network of computation devices ([0128], [0221] “peer-to-peer platform may enable interconnected peers to easily locate each other, communicate with each other”, [0259], [0268] “allowing for full peer connectivity”, [0276], [0284], [0297] “new peer needs to reach some level of connectivity”), wherein the calculating comprises:
identifying a plurality of links in the identified paths ([0075]-[0077], [0050], [0251]-[0254], [0342]-[0344]);
for one or more identified links, accessing a data structure to identify nodes connected to the identified link ([0075]-[0077], [0107], [0109], [0267], [0355]); and
for each identified node, calculating an out-link weight for one or more out-links of the identified node ([0059], [0075], [0083], [0085); calculating the connectivity value based on the calculated out- link weights [0109], [0124], [0128])(see NOTE II); and
adding the at least one of the plurality of computation devices of the network of computation devices to the publication group based on the calculated connectivity value ([0113]-[0114], [0163], [0174], [0201], [0232], [0250]) (see NOTE I);
publishing the information relating to the transaction to the publication group ([0113]-[0114], [0124], [0163], [0174], [0201], [0232], [0250]) (see NOTE I); and
transmitting, to the publication group's software, information related to the first trust-based transaction ([0049], [0051], [0056], [0058]) with which information a computation device of the publication group may initiate a second trust-based transaction ([0118]-[0120], [0123]).
NOTE I if Yeager does not explicitly teach, however Kurian discloses determine a publication group to publish at least some information relating to the first trust-based transaction (See Kurian paragraphs 11, 42-44, 46-48, 50, 54- 59, 82-85, 87-90, 99-106, 116-124 and Figure 1, 7 and 13, 15-16) and adding the at least one of the plurality of other computation devices to the publication group based on the calculated connectivity value (See Kurian paragraphs 11, 50-54, 61-62, 81-85, 87-97 and Figure 1).
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 teachings of Yeager to determine a publication group to publish at least some information relating to the first trust-based transaction as disclosed by Kurian. Doing so would encode financial trust relationships in online communities, and to enable related actions based upon such relationships (Kurian [0010]).
NOTE II – the claim requires a particular formula for the calculation of the connectivity value. While the prior of art Yeager does might not exactly disclose such formula, Yeager discloses similar computations. However, the concept of back propagation of link weights is known in art. For example, a well-known PageRank algorithm (proposed by L. Page, S. Brin in 1999, well before the present application) fully discloses such formula and any particular equation would be an obvious to try combination of elements in order to achieve a predictable results. See MPEP 2143.
However, if Yeager does not explicitly teach, however Duhan discloses a connectivity value between the first computation device and the at least one of the plurality of computation devices of the network of computation devices, wherein the calculating comprises: identifying a plurality of links in the identified paths; for one or more identified links, accessing a data structure to identify nodes connected to the identified link; and for each identified node, calculating an out-link weight for one or more out-links of the identified node; calculating the connectivity value based on the calculated out-link weights (see pp.1531-1533 ¶A).
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 teachings of Yeager to include calculating a connectivity value as disclosed by Duhan. Doing so would help manage the information on the web and satisfy the user needs (Duhan p.1530 C1).
Regarding claims 13 and 23, Yeager as modified teaches the system and the method further comprises computer executable instructions for executing the following step publish the information by publishing a link to an application related to the first trust- based transaction (See Kurian paragraphs 11, 54, 82-85, 87-97 and Figure 1).
Regarding claims 14 and 24, Yeager as modified teaches the system and the method wherein the published link allows at least one of the plurality of other computation devices to access the application directly from activating the link (Kurian paragraphs 11, 54, 82-85, 87-97 and Figures 1 and 7).
Regarding claims 15 and 25, Yeager as modified teaches the system and the method further comprises pre-populate at least some information in a second trust-based transaction with information from the first trust-based transaction (Yeager [0096], [0108], [0128], [0130], [0142]).
Regarding claims 16 Yeager as modified teaches the system further comprises pre-populate at least some information by pre-populating at least a primary data value (Yeager [0096], [0108], [0128], [0130], [0142]).
Regarding claims 17 and 26, Yeager as modified teaches the system and the method further comprises to determine the publication group by comparing the determined connectivity value to a threshold connectivity value (Yeager [0073], [0108], [0128], [0130], [0142], [0297] “new peer needs to reach some level of connectivity”).
Regarding claims 18 and 27, Yeager as modified teaches the system and the method to determine the publication group by determining a threshold path weight value (Yeager [0096], [0108], [0128], [0130], [0142]).
Regarding claims 28 and 30, Yeager as modified teaches the system and the method wherein determining the publication group comprises accessing attribute flag information associated with the first trust-based transaction (Yeager [0118], [0120], [0161], [0182]), wherein the attribute flag information is indicative of at least other computation devices relevant to the first trust-based transaction (Yeager [0319], [0321], [0128], [0130], [0142], [0300]).
Regarding claims 29 Yeager as modified teaches the method of claim 28 wherein the attribute flag information identifies at least one group of computation devices whose computation devices may be relevant to the first trust- based transaction (Yeager [0091], [0100], [0128], [0275], [0277]).
Claim 12 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeager as modified by Kurian and Duhan and in further view of Subramaniam et al. (US 20010034723) or Nemoy et al. (US 8413261).
Regarding claims 12 and 22, Yeager does not explicitly teach, however Subramaniam or Nemoy disclose determine if the first trust-based transaction is public; and publish the information relating to the first trust-based transaction to the publication group in response to determining that the first trust-based transaction is public, or not publish the information relating to the first trust-based transaction to the publication group in response to determining that the first trust-based transaction is not public (Subramaniam [0075]-[0076], [0078]-[0079], Nemoy F5B:520, 524 C9L60-67, C1152-67, C12L55-67, C13L8-65).
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 teachings of Yeager as modified by Kurian and Duhan to determining with the server whether the first trust-based transaction is public distributing public keys as disclosed by Subramaniam or Nemoy. Doing so validates the identities of parties in the transaction and this, the gradual revelation of identifying information can be controlled (Subramaniam [0099]).
Claims 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeager et al. (US 20030055894) in view of Subramaniam et al. (US 20010034723) or Nemoy et al. (US 8413261) and in further view of Duhan et al. “Page Ranking Algorithms: A Survey”.
Regarding claim 19, Yeager teaches a method comprising:
transmitting, to a first device and a plurality of computation devices of a network of computation devices, software for communications relating to trust-based transactions ([0049], [0051], [0056], [0058]);
receiving with a server, a request from the first device's software to initiate a first trust-based transaction ([0032], [0075], [0122], [0124], [0143]);
distributing public keys ([0112], [0118], [0367]);
accessing, with at least one server, information in a datastore relating to the network of computation devices ([0058], [0109], [0267], [0355]);
identifying, with the at least one server, paths in the network of computation devices from the first device to at least one of the plurality of computation devices of the network of computation devices ([0075]-[0077]); and calculating a connectivity value between the first computation device and the at least one of the plurality of computation devices of the network of computation devices ([0128], [0221] “peer-to-peer platform may enable interconnected peers to easily locate each other, communicate with each other”, [0259], [0268] “allowing for full peer connectivity”, [0276], [0284], [0297] “new peer needs to reach some level of connectivity”), wherein the calculating comprises:
identifying a plurality of links in the identified paths ([0128]); for one or more identified links, accessing a data structure to identify nodes connected to the identified link; and for each identified node, calculating an out-link weight for one or more out-links of the identified node ([0075]-[0077]); calculating the connectivity value based on the calculated out-link weights ([0059], [0075], [0083]) (see NOTE); and
adding the at least one of the plurality of computation devices of the network of computation devices to the publication group based on the calculated connectivity value ([0113]-[0114], [0163], [0174], [0201], [0232], [0250]).
Yeager does not explicitly teach, however Subramaniam discloses determining with the server whether the first trust-based transaction is public ([0075] “uses the new transaction identifier to determine whether a transaction is public or private”); if the first trust-based transaction is public, determining a publication group to publish at least some information relating to the first trust-based transaction ([0076], [0078]-[0079]). Nemoy discloses the same in F5B:520, 524 C9L60-67, C1152-67, C12L55-67, C13L8-65.
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 teachings of Yeager to determining with the server whether the first trust-based transaction is public distributing public keys as disclosed by Subramaniam or Nemoy. Doing so validates the identities of parties in the transaction and this, the gradual revelation of identifying information can be controlled (Subramaniam [0099]).
Further note in analogous prior art Conti et al. (US 20220222387) likewise discloses the limitation above in Claims 6, 12, [0048], [0051]-[0052] and further obviates the teachings of Yeager.
NOTE – the claim requires a particular formula for the calculation of the connectivity value. While the prior of art Yeager does might not exactly disclose such formula, Yeager discloses similar computations. However, the concept of back propagation of link weights is known in art. For example, a well-known PageRank algorithm (proposed by L. Page, S. Brin in 1999, well before the present application) fully discloses such formula and any particular equation would be an obvious to try combination of elements in order to achieve a predictable results. See MPEP 2143.
However, if Yeager does not explicitly teach, however Duhan discloses a connectivity value between the first computation device and the at least one of the plurality of computation devices of the network of computation devices, wherein the calculating comprises: identifying a plurality of links in the identified paths; for one or more identified links, accessing a data structure to identify nodes connected to the identified link; and for each identified node, calculating an out-link weight for one or more out-links of the identified node; calculating the connectivity value based on the calculated out-link weights (see pp.1531-1533 ¶A).
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 teachings of Yeager to include calculating a connectivity value as disclosed by Duhan. Doing so would help manage the information on the web and satisfy the user needs (Duhan p.1530 C1).
Regarding claim 20, Yeager as modified teaches the method of claim 19 further comprising: if the first trust-based transaction is public: publishing the information relating to the first trust-based transaction to the one or more computation devices of the publication group; and transmitting, to the one or more computation devices of the publication group, information related to the first trust-based transaction with which information a computation device of the publication group may initiate a second trust-based transaction (Subramaniam [0092], [0094]-[0095]); or if the first trust-based transaction is not public: not publishing the information relating to the first trust-based transaction to the one or more computation devices of the publication group (Subramaniam [0096]); and not transmitting, to the one or more computation devices of the publication group, information related to the first trust-based transaction with which information a computation device of the publication group may initiate a second trust-based transaction (Subramaniam [0080], [0098], [0103], Nemoy F5B:520, 524 C9L60-67, C1152-67, C12L55-67, C13L8-65).
Response to Arguments
◊ Applicant's arguments filed 9/23/2026 with respect to the rejection of claims 20-21 under 35 USC 101 have been fully considered but they are not persuasive.
The claims 19-20 are directed to selecting a publication audience for trust-based transaction by graph connectivity calculation and the cited computer limitations do not integrate that idea into practical application or supply an inventive concept.
Step 2A Prong 1 - The claim recites an abstract idea in two overlapping categories.
Mathematical concept – wherein the main core is graph / connectivity calculations (determine path, links, compute link weights and connectivity value. i.e. mathematical relationship between nodes and edges).
Certain methods of organizing human activity. “Trust based transactions” a public / private decision and choosing who receives the transaction information based on relationship strength are commercial and social relationship managements. Deciding the audience for transaction from connectivity and trust scores is a fundamental economic practice and is an abstract idea.
The path, link, node and weight steps are the exception itself, not a tool used to achieve a separate technical result. The results of the calculation is membership in a publication group.
Step 2A Prong 2 – The additional elements – transmitting software, a server, accessing a datastore, data structure, generic severs and a network computation devices. The additional elements do not integrate the exception. They are generic computer components and functions – transmit, receive, store, access, calculate, applied to the abstract idea. However, these additional elements do not: (1) improve the functioning of a computer or other technology; (2) are not applied with any particular machines (except for a generic computer); (3) do not effect a transformation of a particular article to a different state; and (4) are not applied on any meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. See MPEP §§ 2 106.05(a) (c), (e) (b). In other words, the aforementioned additional element (or combination of elements) recited in the claims do not integrate the judicial exception into a practical application. See Revised Guidance, 84 Fed. Reg. at 54- 55 ("Prong 2"). Further, the use of computer hardware and/or software components to optimize the processing of data may improve the abstract idea, but, in this context, is not a technological improvement. Appeal Br.5; see Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363. 1367 (Fed. Cir. 2015).
Step 2B – No inventive concept. The same additional elements so not amount to significantly more. Transmitting software, receiving request at a server, accessing datastore are all well-understood, routine and conventional computer activities. Relatedly, the computer, that is to say the hardware upon which the program is operating, is operating in an entirely conventional manner. The proposed technical effect is not causing the computer in of itself to operate different as the method is operating at the level of application and thus is not interacting with the hardware at a level beyond that which any computer program would do so. Similarly, the computer upon which the program is operating is not operating more efficiently or effectively. The computer itself is operating entirely conventionally and the contribution is not having an effect on the efficiency of the computer itself.
Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, the rejection is maintained.
◊ The applicant's arguments, with respect to the previous Double Patenting rejections and the rejection under 35 U.S.C. 112 have been fully considered and are persuasive. The rejections have been withdrawn.
◊ Applicant's arguments with respect to the rejection under 35 USC 103 have been fully considered but they are not persuasive.
With respect to the main reference of Yeager and claim 11 the applicant argues –
“The portions of Yeager relied upon in the Action, e.g., [0050], do not recite a data store housing a representation of a network of computation devices, a node representing a computation device, an out-link, or an in-link.”
The arguments are not persuasive and somewhat perplexing. The whole reference of Yeager is directed to determining trust between two peers in a network and trust in a pipeline of peers for feeding back trust information to the providing peer and for propagating trust information to other peers (see Yeager Abstract, as explicitly recited). Clearly, such computations of trust between peers, feedback and propagation to and from the peers implicitly requires a storage of such computation and storage of a path (link /address) between the peers in order to send and receive the messages based on the determined trust.
A data structure, broadly reads on any logical storage, such as table or a list and any messaging between two peer nodes provides in and out links or addresses (received from / sent to). Yeager teaches a plurality of peer devices connected in “a web of trust,” stored in “Codat” information– “Codat may also include … routes or paths in a network” [0041]. Such Codats (aka paths), received from peers are surely recorded and stored in a plurality of structures, such as tables. See [0124]-[0125] see “peer's key ring trust table for the peer group(i) … confidence entry may indicate a trust in a particular path to another peer.”
Such path is also called a “a pipe” (see [0045] “Such a chain of requests may be referred to as a pipe or path”) which support operations, such “send, and receive” wherein “Each end of the pipe may work to maintain the virtual link … binding endpoints or finding the pipe's currently bound endpoints” [0342]. Each peer has to “open the pipe” to receive or send messages. Each message received – is through the in-link and each message sent is through the our-link of each endpoint “peer endpoints may be used to route messages between the two pipe endpoints … at each endpoint, software to send, or receive … pipes with additional properties such as bi-directionality” [0251], “pipe endpoints may be referred to as input pipes (receiving end) and output pipes (sending end)” [0252], “pipe may connect two or more peer endpoints together, from one output pipe to one or more input pipes .. Messages flow into the input pipes from the output pipe (propagation source)” [0254], “message may be sent by a peer pipe endpoint” [0343]-[0344]. A link with two binding endpoints that send and receive messages is a path between two peers and is analogous to in and out links.
Such paths information between different peers is stored in various tables, such as “peer confidence table” and “route table information” -
[0109] “build a key ring of certificates, create a peer confidence table for each key on the key ring that includes the peer's confidence … Confidence in a certificate's path of signers”; [0267] “uses pre-stored in memory … a peer may use a pre-configured set of peer routers to route all its messages”; [0353] “route table information … used by the peer router may be provided by the endpoint routing protocol”, [0355] “Route information may include a list of gateways along the route” [0354], “gateways may be defined as an ordered sequence of peer identifiers that define the route from the source peer to the destination peer.”
Thus, Yeager fully teaches the limitation “a data store housing a representation of a network of computation devices, each computation device represented by a node, each network connection between two computation devices represented by an out-link and an in-link,” as required.
The applicant further argues –
“The Office Action does not identify where Yeager recites a server connected to each device of a cluster of networked devices, nor where the recited out-link weight for a given node is calculated using one or more of the devices of that cluster, as such disclosure is not found in Yeager.”
The arguments are not persuasive and again, very perplexing. It’s not clear if the claimed “server” itself is anything more than a computing node on a network. Such server is not required by the claim to be a central or a master server. Yeager clearly teaches a web of connected peer nodes in a cluster, wherein “A peer may be anything with a digital heartbeat …including … servers, PCs, computers up to and including supercomputers” [0200]. Such server peer in a “peer groups” (aka clusters) of nodes connected to other server peers in a network (“In order to interact with other peers (e.g. to form or join peer groups), the peer needs to be connected to some kind of network”) and meet the limitation of “a server having a connection via a network to each device in the cluster of networked devices”.
The information, such as trust values and weights for links is obtained from the servers on the network – “Peers may obtain content from multiple servers, ideally reaching a nearby one that is up and running” [0217], “Peers may obtain information from neighboring peers that have already cached the information. Each peer may become a provider to all other peers” [0218].
Thus, Yeager fully discloses – “the cluster of networked devices … each computation device represented by a node.”
With respect to the reference of Duhan the applicant argues –
“Duhan is not shown to supply a cluster of networked devices in communication with a server, nor a data store housing the recited representation of a network of computation devices.”
The arguments are not persuasive. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. Duhan is not relied upon to teach a cluster of networked devices in communication with a server, nor a data store housing the recited representation of a network of computation devices, as it’s fully disclosed by Yeager.
Duhan is relied to obviate the use of well-known PageRank algorithm, implicitly used by the applicant’s invention to calculate connections between the nodes and explicitly show calculating weights of “outgoing links.”
With respect to the reference of Kurian the applicant argues –
“Kurian is not shown to recite adding a computation device to a publication group "based on the calculated connectivity value," where that connectivity value is itself "based on the calculated out-link weights" computed for each identified node. A combination that does not supply every recited limitation cannot support a prima facie case of obviousness.”
The arguments are not persuasive. Yeager already teaches in determine connectivity between peers [0297] “new peer needs to reach some level of connectivity,” which is based on weighted trust and confidence ([0085], [0128]). Such level of connectivity is construed to be connectivity value. Kurian reference is merely used to show a connection values of a weighted directed graph , wherein edges have trust relationship between nodes and determining distance or degree of separation between the nodes by calculating such values for distances or degrees of separation ([0074]). The motivation used to combine the references is from the references themselves and is not improper.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/POLINA G PEACH/ Primary Examiner, Art Unit 2165 October 2, 2026
