DETAILED ACTION
This Non-Final Office Action is in response to the originally filed specification and claims [May 13, 2025].
Claims 1 and 2 are currently pending and have been considered below.
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 1-2 are rejected under 35 U.S.C. 101 because the claimed invention is directed towards non-eligible subject matter.
In terms of step 1, claims 1 and 2 are directed towards one of the four categories of statutory subject matter.
In terms of step 2(a)(1), independent claim 1 is directed towards, “A method comprising: capturing a first image of a unique code on a physical item at a first time of a session; capturing, a second image of a participant affixing a signature to the physical item during the session; capturing, a third image of the signature and the unique code on the physical item at a second time of the session; and generating, an authentication asset including the unique code superimposed on one or more of the first image, the second image, or the third image”. The claims are describing a collection of information (image information) that is used to generate an authentication asset with a unique code. This falls into a legal/commercial interaction that provides authenticated autographs for memorabilia. As such, claim 1 is directed towards an abstract idea under the certain method of organizing human activity grouping.
The claim further describes a collection of information and displaying the results that falls into a mental process. A person with pen and paper would be able to capture and provide a unique code superimposed based on authentication of a signature on an item. Further, the claim falls within the mental process in terms of being within a technical environment (capturing with cameras and system elements). As such, the claim also describes an additional abstract idea under the mental process grouping.
Step 2(a)(II) considers the additional elements in terms of being transformative into a practical application. The additional elements of claim 1 are, “by one or more cameras of an authentication system, by the one or more cameras, by the one or more cameras, by one or more processors of the authentication system, including the unique code superimposed on one or more of the first image, the second image, or the third image”. The camera, computer elements, and unique code are described in the originally filed specification [26-32] and figure 1. The additional elements are merely described as tools to implement the identified abstract idea. The claim is not directed towards additional elements that are transformative into a practical application. Refer to MPEP 2106.05(f).
Step 2(b) considers the additional elements in terms of being significantly more than the identified abstract idea. The additional elements of claim 1 are, “by one or more cameras of an authentication system, by the one or more cameras, by the one or more cameras, by one or more processors of the authentication system, including the unique code superimposed on one or more of the first image, the second image, or the third image”. The camera, computer elements, and unique code are described in the originally filed specification [26-32] and figure 1. The additional elements are merely described as tools to implement the identified abstract idea. The claim is not directed towards additional elements that are significantly more than the identified abstract idea. Refer to MPEP 2106.05(f).
Dependent claim 2 is further describing the identified abstract idea and not directed towards further additional elements beyond those identified above. The claim is directed towards, “generating, by the one or more processors, session data representing the session, wherein the session data includes one or more of time data or location data associated with the session; and wherein the authentication asset includes the session data superimposed on the one or more of the first image, the second image, or the third image”. The claim is further describing the commercial/legal interaction in terms of generating further elements of the authentication information and providing it on the image. Further, in terms of the mental process, a person would be able to collect and provide the location/time information provided. The claim is not directed towards further additional elements beyond those identified above. As such, the claim is not directed towards additional elements that are significantly more or transformative into a practical application.
The claimed invention is describing an abstract idea without additional elements that are significantly more or transformative into a practical application. Therefore, claims 1-2 are rejected under 35 USC 101 for being directed towards non-eligible subject matter.
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 (i.e., changing from AIA to pre-AIA ) 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vildosola et al [9,947,015], hereafter Vildosola.
Regarding claim 1, Vildosola discloses a method comprising: capturing, by one or more cameras of an authentication system, a first image of a unique code on a physical item at a first time of a session (C11:9-46; Vildosola discloses capturing a generated code using a mobile device camera. The unique code is interpreted through the start code for the memorabilia signing event.);
capturing, by the one or more cameras, a second image of a participant affixing a signature to the physical item during the session (Fig 1, 5B, and C7:40 to C8:8; Vildosola discloses that a camera can capture a person signing the memorabilia during a session.);
capturing, by the one or more cameras, a third image of the signature and the unique code on the physical item at a second time of the session; and generating, by one or more processors of the authentication system, an authentication asset including the unique code superimposed on one or more of the first image, the second image, or the third image (C8:18 to C9:15; Vildosola discloses authenticating based on captured code and other data verified signature certificate for the item. In terms of the third image and superimposed certificate, Vildosola further discloses the code scanning and verification image within C11:25-65.).
Regarding claim 2, Vildosola discloses the method of claim 1 further comprising: generating, by the one or more processors, session data representing the session, wherein the session data includes one or more of time data or location data associated with the session; and
wherein the authentication asset includes the session data superimposed on the one or more of the first image, the second image, or the third image (C8:18 to C9:15; Vildosola discloses authenticating based on captured code and other data verified signature certificate for the item. In terms of the third image and superimposed certificate, Vildosola further discloses the code scanning and verification image within C11:25-65.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Noyes [2001/0033676] (autograph verification);
Savarese [2023/0385850] (memorabilia verification and authentication);
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW CHASE LAKHANI whose telephone number is (571)272-5687. The examiner can normally be reached M-F 730am - 5pm (EST).
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/ANDREW CHASE LAKHANI/Primary Examiner, Art Unit 3629