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 Status
Claims 2-22 are pending.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldston (US 2021/0279305) in view of Balassanian (US 11,947,864) in view of Matthews (US 2023/0073859).
Examiner Note: hereafter, above references are combination A.
a network interface;
Goldston [0069]
one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the computing system to perform operations comprising:
Goldston [0218 – 0223]
receiving, via the network interface, first data via a distributed ledger, wherein the
first data corresponds to one or more digital tokens associated with a real-
world asset;
Goldston [0056] new owner purchasing a work (via an NFT or otherwise)
Goldston [0050] 0050] The system may further be implemented to utilize tokens to track rights and ownership. For example, embodiments may provide the ability for the user to establish one or more non-fungible tokens (NFTs), or other tokens, for his or her content items and to offer the one or more NFTs representing their respective content. For example, a single NFT may be associated with a single salable item or group of salable items, or multiple NFTs may be associated with a single salable item or group of salable items (the latter to provide fractional ownership or non-exclusive licenses for example). Accordingly, the system may be configured to tie the NFTs and NFT data to these items. Salable content items may include, for example, a complete work (e.g., a content item), part of a complete work (e.g., a segment, a layer, lyrics, music, a video file, soundtrack, stanza, verse, image, etc.), a collection of works, and so on.
Goldston [0051] The NFT can be used to represent and transfer ownership of the associated salable content item(s), which can be tracked via a blockchain or other distributed ledger. Embodiments may be configured to track the rights owned by various contributors or other system users in a work and to tie those rights to the respective NFT such that an NFT can be created to represent only the rights owned by a user or users wishing to sell those rights.
generating, via a generative module, an output based on the received first data;
Goldston discloses elements of the claimed invention as noted but does not disclose above limitation. However, Balassanian discloses:
Balassanian col 4 lines 8-27, The present disclosure generally relates to systems for generating custom music content by selecting and combining audio tracks based on various parameters. In various embodiments, machine learning algorithms (including neural networks such as deep learning neural networks) are configured to generate and customize music content to particular users. In some embodiments, users may create their own control elements and the computing system may be trained to generate output music content according to a user's intended functionality of a user-defined control element. In some embodiments, playback data of music content generated by techniques described herein may be recorded in order to record and track the usage of various music content by different rights-holders (e.g., copyright holders). The various techniques discussed below may provide more relevant custom music for different contexts, facilitate generating music according to a particular sound, allow users more control of how music is generated, generate music that achieves one or more specific goals, generate music in real-time to accompany other content, etc.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Goldston to obtain above limitation based on the teachings of Balassanian for the purpose of automatically generating new music content based on image representations of audio files, see abstract.
causing, via the network interface, one or more network devices to perform an operation corresponding to the generated output; and
Balassanian col 19 line 55 – col 20 line 8, In various embodiments, user-created control elements are high-level controls such as controls that adjust mood, intensity, or genre. Such user-created control elements are typically subjective measures that are based on a listener's individual preferences. In some embodiments, a user labels a user-created control element to define a user-specified parameter. The music generator system may play various music content and allow the user to modify the user-specified parameter in the music content using the control element. The music generator system may learn and store the manner in which the user-defined parameter varies audio parameters in the music content. Thus, during later playback, the user-created control element may be adjusted by the user and the music generator system adjusts audio parameters in the music playback according to the adjustment level of the user-specified parameter. In some contemplated embodiments, the music generator system may also select music content according to the user's preferences set by the user-specified parameter.
sending, after generating the output, second data associated with the generated
output to a network address associated with a smart contract.
Goldston discloses elements of the claimed invention as noted but does not disclose above limitation. However, Matthews discloses:
Matthews [0103] A listing is then generated for the NFT that describes the at least one obligation (block 1306). The listing platform 132, for example, generates the listing 306 for the NFT 308 with a smart contract template 310 that includes code configured to ensure performance of the listing obligations 304 and transfer the NFT 308 from the digital wallet 156 to a digital wallet of a purchasing user account in response to verifying performance of the listing obligations 304. As part of generating the listing 306, such as the example listing depicted in the user interface 1202, the listing platform 132 publishes the listing 306 for access by one or more computing devices, such that the client device 106 can view the user interface 1202 via, e.g., the application 146.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Goldston to obtain above limitation based on the teachings of Matthews for the purpose of responsive to purchase of the NFT via the listing, a smart contract is generated by updating the smart contract template with an identifier of the second digital wallet, and the NFT is transferred by executing the smart contract using a distributed state machine implemented on a blockchain.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A.
Combination A discloses wherein the first data comprises a transaction history associated with the real-world asset.
Goldston [0188] System 2210 may provide an option to invite external parties to a chat for a period of time along with various access controls/roles. For example, a user can be invited to a communication channel for a week and their access could possibly be limited to only viewing communications starting a specified date and/or as a “read-only” user. In another example, the user may be given access to see a history of transactions associated with the media content, including conversations (e.g., view, send, etc.).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A.
Combination A discloses wherein the first data comprises third-party data associated with the real-world asset.
Goldston [0048] The information stored in the container may be one or more content items of various types and related files themselves, it may be in the form of links to the data or files stored elsewhere, it may be a link to third party data or services, or it may be a combination of the foregoing. Third party data and services might include, for example, the IRS, streaming services (e.g., Spotify, Pandora, etc.), Performance Rights Organizations (PROs), Soundexchange, the Copyright Office, or other third party resources. The container can be secured such as, for example, by encrypting the files stored on the container or otherwise using access-control techniques to keep the file and its contents from being accessed by unintended recipients.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A.
Combination A discloses wherein the third-party data comprises at least one of a price or other value associated with the real-world asset.
Goldston [0204] The NFT marketplace 2712 can include relevant information regarding the salable item, the contents of which may be determined by the seller. For example, the NFT marketplace 2712 can include a listing of the item for sale including pertinent information about the item such as, for example, a description of the item, artist information, a sample of the associated content, etc. The listing can also include an asking price or a bid price. In various embodiments, the NFT marketplace can be configured to conduct auctions for the salable item. As described above, purchasers or potential purchasers can be given access (e.g. controlled Access) to items or information in the vault pertaining to the salable item. This can include, for example, information on the terms and conditions, samples of the content up for sale, and so on.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A in view of applicant disclosed prior art (ADPA).
Combination A discloses elements of the claimed invention as noted but does not disclose wherein the third-party data is received via an oracle.
However, ADPA discloses:
Specification [0144] For example, blockchain data can be used in the generative media module 214 to produce suitable output, such as the “sonification” of data streams (e.g., a real-time feed of cryptocurrency price values or other data may be turned into a corresponding sound output). In some instances, the blockchain data can include data provided by one or more “oracles,” which are typically third-party services that provide smart contracts with external information (e.g., price feeds, weather data, election results, etc.). In some examples, the generative media module 606 and/or the generative media content 616 may be stored locally via the playback device 250, in which case the input parameters 502 may be streamed to the playback device 250 for use in generating new versions 610 of the generative media content 616.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A in view of Rice (US 2021/0279695).
Combination A discloses elements of the claimed invention as noted but does not disclose wherein the real-world asset comprises a tangible asset. However, Rice discloses:
Rice [0060] others confer ownership in a tangible property. In a non-limiting example, owning a NFT token is the same as owning the image or artwork associated with the NFT.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify combination A to obtain above limitation based on the teachings of Rice for the purpose of creating rights in a virtual goods object to equal rights existing in or created in a real-world asset. Ownership of the virtual goods object conveys ownership or other property rights in the real-world asset.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A in view of Rice.
Combination A in view of Rice discloses wherein the tangible asset comprises property.
Rice [0066] In an embodiment, a user may acquire a real-world object, asset, item, and/or product and then confer ownership of a related virtual goods object and/or related NFT. By way of non-limiting example, a user may go to a physical store and buy a pair of tangible sneakers. As part of the purchase, the user may be given a promo code, QR code, NFID code, barcode, or indicia of some other transaction identification method, that the user can redeem and/or exchange through a platform, or a marketplace, to acquire an associated VGO, and/or an NFT.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A
Combination A discloses wherein the real-world asset comprises an intangible asset.
Goldston [0005] The recording industry has struggled for many years with problems associated with keeping track of records associated with audio recordings. Record labels, licensing companies, publishers and other industry participants have been known to spend months, and sometimes years, tracking down music rights information and other records associated with audio recordings. Also, the industry in general and the artist themselves have often struggled with keeping track of who contributed to the creation of a song or who should otherwise have certain rights. These issues are not limited to audio recordings and can span other media content as well.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A in view of Rice.
Combination A in view of Rice discloses wherein the intangible asset comprises currency
Rice [0060] In an embodiment, rights transfers effected through VGO selection, purchase, acquisition, alienation or other re-characterization can incorporate crypto-currency tokens and blockchain techniques. One exemplary cryptocurrency, the non-fungible token (NFT) is generally stored in a crypto wallet and is evidenced by an immutable ledger entry that is a reference link to something else. This something else can be any number of items including but not limited to a digital photo or image or a real-world physical piece of artwork. Some NFTs are established as tokens with a reference to something else which may be an intangible property, such as, by way of non-limiting example, an image or video clip, while others confer ownership in a tangible property. In a non-limiting example, owning a NFT token is the same as owning the image or artwork associated with the NFT. In addition, owning a token may allow the user to gain whole, partial or fractional control/ownership in much the same manner as owning stock in a company or part of a time-share beach condo, or gain voting rights, such as buying tokens associated with ownership or voting control in a company or other endeavor.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A
Combination A discloses wherein receiving the first data comprises receiving the first data via the network address associated with the smart contract.
Goldston [0010] Embodiments may be implemented to allow media content owners who own some or all of the rights associated with a media content item managed in the vault (directly, or via or an agent acting on behalf of an owner) to divest those rights to others and track the divestiture such as, for example, via tokens. For example, media content items such as artwork, audio files, video files, lyrics or other works can be associated with a nonfungible token (NFT) (e.g., via a pointer to the NFT) and one or more NFT's associated with such content item or items can be managed via the media content management system. For example, embodiments may be configured to allow a content owner (i.e., him or herself or via an agent) to sell an NFT, which embodies the ownership or other rights to the asset to be divested. The NFT memorializes the sale (e.g., based on a smart contract) of the rights and can be recorded against a distributed ledger such as a blockchain. The NFT could embody or represent the work being transferred, which could be, for example, ownership rights or exclusive or non-exclusive license rights (e.g., any or all of the rights to use, display, perform, reproduce, create derivative works, etc.) in and to the work that are being sold. The sale could be the sale of all or part of the work (e.g., the entire work, lyrics only, music only, soundtrack only, video only, script only, stanza only, a certain verse, image only, and so on), and the sale could be for whole or fractional ownership, or for exclusive or non-exclusive rights ownership or license rights. The NFT and associated smart contract can be configured to define the rights transferred with the NFT, which rights may specify what a purchaser can and cannot do with the content purchased.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A
Combination A discloses wherein the smart contract is associated with an entity that owns the real-world asset, and wherein the smart contract indicates proportional ownership interests in the real-world asset.
Goldston [0010] Embodiments may be implemented to allow media content owners who own some or all of the rights associated with a media content item managed in the vault (directly, or via or an agent acting on behalf of an owner) to divest those rights to others and track the divestiture such as, for example, via tokens. For example, media content items such as artwork, audio files, video files, lyrics or other works can be associated with a nonfungible token (NFT) (e.g., via a pointer to the NFT) and one or more NFT's associated with such content item or items can be managed via the media content management system. For example, embodiments may be configured to allow a content owner (i.e., him or herself or via an agent) to sell an NFT, which embodies the ownership or other rights to the asset to be divested. The NFT memorializes the sale (e.g., based on a smart contract) of the rights and can be recorded against a distributed ledger such as a blockchain. The NFT could embody or represent the work being transferred, which could be, for example, ownership rights or exclusive or non-exclusive license rights (e.g., any or all of the rights to use, display, perform, reproduce, create derivative works, etc.) in and to the work that are being sold. The sale could be the sale of all or part of the work (e.g., the entire work, lyrics only, music only, soundtrack only, video only, script only, stanza only, a certain verse, image only, and so on), and the sale could be for whole or fractional ownership, or for exclusive or non-exclusive rights ownership or license rights. The NFT and associated smart contract can be configured to define the rights transferred with the NFT, which rights may specify what a purchaser can and cannot do with the content purchased.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A in view of Ow (US 11,605,071)
Combination A discloses elements of the claimed invention as noted does not disclose
wherein the one or more digital tokens are stored in a digital wallet. However, Ow discloses:
Ow col 1 lines 25-41, Wallets are used in a distributed ledger networking environment, such as a blockchain, to govern the use of the cryptocurrency (or tokens) within the networking environment. For example, wallets allow users of the blockchain network to pass or transfer tokens between users. Existing wallet architecture requires a public key to support the engagement and interface of the wallet to the blockchain network. While public keys provide a necessary address to enable a wallet to both send and receive cryptocurrency tokens, these keys also provide an identity and access point for a potential security instance such as a wallet breach, hack or other security violation of the wallet. Therefore, a need exists to further limit the wallet exposure to outside attempts to breach the wallet security and to increase the safety and security of the cryptocurrency tokens being managed by and through the wallet.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify combination A to obtain above limitation based on teachings of Ow for the purpose of providing an Autonomous Exchange via Entrusted Ledger (AXEL) blockchain enables users to perform transactions in private while enabling the transaction records thereof to be verified by other network users without publicly divulging the contents or details of the transaction records, see abstract.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A
Combination A discloses wherein the generated output comprises preexisting media content.
Balassanian col 19 line 55 – col 20 line 8, In various embodiments, user-created control elements are high-level controls such as controls that adjust mood, intensity, or genre. Such user-created control elements are typically subjective measures that are based on a listener's individual preferences. In some embodiments, a user labels a user-created control element to define a user-specified parameter. The music generator system may play various music content and allow the user to modify the user-specified parameter in the music content using the control element. The music generator system may learn and store the manner in which the user-defined parameter varies audio parameters in the music content. Thus, during later playback, the user-created control element may be adjusted by the user and the music generator system adjusts audio parameters in the music playback according to the adjustment level of the user-specified parameter. In some contemplated embodiments, the music generator system may also select music content according to the user's preferences set by the user-specified parameter.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A
Combination A discloses wherein the generated output comprises at least one of a playlist or a radio station.
Goldston [0074] A playlist is akin to a song, but formed from a compilation of songs. In a playlist, individual songs may be modified by the creator (e.g., a DJ) such as with effects, transitions between songs may be added, and entirely new music or sounds may be placed between pre-existing songs. Furthermore, the digital vault may include a DJ mode that allows creation and modification of playlists on the fly and captures and records the product.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A
Combination A discloses wherein the generated output comprises synthetic media content.
Balassanian col 19 line 55 – col 20 line 8, In various embodiments, user-created control elements are high-level controls such as controls that adjust mood, intensity, or genre. Such user-created control elements are typically subjective measures that are based on a listener's individual preferences. In some embodiments, a user labels a user-created control element to define a user-specified parameter. The music generator system may play various music content and allow the user to modify the user-specified parameter in the music content using the control element. The music generator system may learn and store the manner in which the user-defined parameter varies audio parameters in the music content. Thus, during later playback, the user-created control element may be adjusted by the user and the music generator system adjusts audio parameters in the music playback according to the adjustment level of the user-specified parameter. In some contemplated embodiments, the music generator system may also select music content according to the user's preferences set by the user-specified parameter.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A
Combination A discloses wherein the generated synthetic media content comprises at least one of text, audio, music, spoken word, images, video, or tactile output.
Balassanian col 19 line 55 – col 20 line 8, In various embodiments, user-created control elements are high-level controls such as controls that adjust mood, intensity, or genre. Such user-created control elements are typically subjective measures that are based on a listener's individual preferences. In some embodiments, a user labels a user-created control element to define a user-specified parameter. The music generator system may play various music content and allow the user to modify the user-specified parameter in the music content using the control element. The music generator system may learn and store the manner in which the user-defined parameter varies audio parameters in the music content. Thus, during later playback, the user-created control element may be adjusted by the user and the music generator system adjusts audio parameters in the music playback according to the adjustment level of the user-specified parameter. In some contemplated embodiments, the music generator system may also select music content according to the user's preferences set by the user-specified parameter.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A
Combination A discloses wherein the generated synthetic media content comprises a light output having at least one of a particular hue, color, temperature, brightness, or pattern.
Balassanian col 46 line 62 – col 47 line 6, Input hardware 2040, in the illustrated embodiment, sends information to the application or website that is displaying enterprise application 2030. In some embodiments, input hardware 2040 is one of the following: a cash register, heat sensors, light sensors, a clock, noise sensors, etc. In some embodiments, the information sent from one or more of the hardware devices listed above is used to adjust target music attributes and/or a rule set for generating output music content for a specific environment. In the illustrated embodiment, selection element 2038 allows the user of application 2030 to select one or more hardware devices from which to receive environment input.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A
Combination A discloses wherein the smart contract is associated with the generative module.
Matthews [0103] A listing is then generated for the NFT that describes the at least one obligation (block 1306). The listing platform 132, for example, generates the listing 306 for the NFT 308 with a smart contract template 310 that includes code configured to ensure performance of the listing obligations 304 and transfer the NFT 308 from the digital wallet 156 to a digital wallet of a purchasing user account in response to verifying performance of the listing obligations 304. As part of generating the listing 306, such as the example listing depicted in the user interface 1202, the listing platform 132 publishes the listing 306 for access by one or more computing devices, such that the client device 106 can view the user interface 1202 via, e.g., the application 146.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination A
Combination A discloses wherein causing the one or more network devices to perform the operation corresponding to the generated output comprises causing at least one of the one or more network devices to play back the synthetic media content.
Balassanian col 19 line 55 – col 20 line 8, In various embodiments, user-created control elements are high-level controls such as controls that adjust mood, intensity, or genre. Such user-created control elements are typically subjective measures that are based on a listener's individual preferences. In some embodiments, a user labels a user-created control element to define a user-specified parameter. The music generator system may play various music content and allow the user to modify the user-specified parameter in the music content using the control element. The music generator system may learn and store the manner in which the user-defined parameter varies audio parameters in the music content. Thus, during later playback, the user-created control element may be adjusted by the user and the music generator system adjusts audio parameters in the music playback according to the adjustment level of the user-specified parameter. In some contemplated embodiments, the music generator system may also select music content according to the user's preferences set by the user-specified parameter.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldston (US 2021/0279305) in view of Balassanian (US 11,947,864) in view of Matthews (US 2023/0073859)
Examiner Note: hereafter, above references are combination A.
receiving, via the network interface, first data via a distributed ledger, wherein the
first data corresponds to one or more digital tokens associated with a real-
world asset;
Goldston [0056] new owner purchasing a work (via an NFT or otherwise)
Goldston [0050] 0050] The system may further be implemented to utilize tokens to track rights and ownership. For example, embodiments may provide the ability for the user to establish one or more non-fungible tokens (NFTs), or other tokens, for his or her content items and to offer the one or more NFTs representing their respective content. For example, a single NFT may be associated with a single salable item or group of salable items, or multiple NFTs may be associated with a single salable item or group of salable items (the latter to provide fractional ownership or non-exclusive licenses for example). Accordingly, the system may be configured to tie the NFTs and NFT data to these items. Salable content items may include, for example, a complete work (e.g., a content item), part of a complete work (e.g., a segment, a layer, lyrics, music, a video file, soundtrack, stanza, verse, image, etc.), a collection of works, and so on.
Goldston [0051] The NFT can be used to represent and transfer ownership of the associated salable content item(s), which can be tracked via a blockchain or other distributed ledger. Embodiments may be configured to track the rights owned by various contributors or other system users in a work and to tie those rights to the respective NFT such that an NFT can be created to represent only the rights owned by a user or users wishing to sell those rights.
generating, via a generative module, an output based on the received first data;
Goldston discloses elements of the claimed invention as noted but does not disclose above limitation. However, Balassanian discloses:
Balassanian col 4 lines 8-27, The present disclosure generally relates to systems for generating custom music content by selecting and combining audio tracks based on various parameters. In various embodiments, machine learning algorithms (including neural networks such as deep learning neural networks) are configured to generate and customize music content to particular users. In some embodiments, users may create their own control elements and the computing system may be trained to generate output music content according to a user's intended functionality of a user-defined control element. In some embodiments, playback data of music content generated by techniques described herein may be recorded in order to record and track the usage of various music content by different rights-holders (e.g., copyright holders). The various techniques discussed below may provide more relevant custom music for different contexts, facilitate generating music according to a particular sound, allow users more control of how music is generated, generate music that achieves one or more specific goals, generate music in real-time to accompany other content, etc.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Goldston to obtain above limitation based on the teachings of Balassanian for the purpose of automatically generating new music content based on image representations of audio files, see abstract.
causing, via the network interface, one or more network devices to perform an operation corresponding to the generated output; and
Balassanian col 19 line 55 – col 20 line 8, In various embodiments, user-created control elements are high-level controls such as controls that adjust mood, intensity, or genre. Such user-created control elements are typically subjective measures that are based on a listener's individual preferences. In some embodiments, a user labels a user-created control element to define a user-specified parameter. The music generator system may play various music content and allow the user to modify the user-specified parameter in the music content using the control element. The music generator system may learn and store the manner in which the user-defined parameter varies audio parameters in the music content. Thus, during later playback, the user-created control element may be adjusted by the user and the music generator system adjusts audio parameters in the music playback according to the adjustment level of the user-specified parameter. In some contemplated embodiments, the music generator system may also select music content according to the user's preferences set by the user-specified parameter.
sending, after generating the output, second data associated with the generated
output to a network address associated with a smart contract.
Goldston discloses elements of the claimed invention as noted but does not disclose above limitation. However, Matthews discloses:
Matthews [0103] A listing is then generated for the NFT that describes the at least one obligation (block 1306). The listing platform 132, for example, generates the listing 306 for the NFT 308 with a smart contract template 310 that includes code configured to ensure performance of the listing obligations 304 and transfer the NFT 308 from the digital wallet 156 to a digital wallet of a purchasing user account in response to verifying performance of the listing obligations 304. As part of generating the listing 306, such as the example listing depicted in the user interface 1202, the listing platform 132 publishes the listing 306 for access by one or more computing devices, such that the client device 106 can view the user interface 1202 via, e.g., the application 146.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Goldston to obtain above limitation based on the teachings of Matthews for the purpose of responsive to purchase of the NFT via the listing, a smart contract is generated by updating the smart contract template with an identifier of the second digital wallet, and the NFT is transferred by executing the smart contract using a distributed state machine implemented on a blockchain.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldston (US 2021/0279305) in view of Balassanian (US 11,947,864) in view of Matthews (US 2023/0073859).
Examiner Note: hereafter, above references are combination A.
receiving, via the network interface, first data via a distributed ledger, wherein the
first data corresponds to one or more digital tokens associated with a real-
world asset;
Goldston [0056] new owner purchasing a work (via an NFT or otherwise)
Goldston [0050] 0050] The system may further be implemented to utilize tokens to track rights and ownership. For example, embodiments may provide the ability for the user to establish one or more non-fungible tokens (NFTs), or other tokens, for his or her content items and to offer the one or more NFTs representing their respective content. For example, a single NFT may be associated with a single salable item or group of salable items, or multiple NFTs may be associated with a single salable item or group of salable items (the latter to provide fractional ownership or non-exclusive licenses for example). Accordingly, the system may be configured to tie the NFTs and NFT data to these items. Salable content items may include, for example, a complete work (e.g., a content item), part of a complete work (e.g., a segment, a layer, lyrics, music, a video file, soundtrack, stanza, verse, image, etc.), a collection of works, and so on.
Goldston [0051] The NFT can be used to represent and transfer ownership of the associated salable content item(s), which can be tracked via a blockchain or other distributed ledger. Embodiments may be configured to track the rights owned by various contributors or other system users in a work and to tie those rights to the respective NFT such that an NFT can be created to represent only the rights owned by a user or users wishing to sell those rights.
generating, via a generative module, an output based on the received first data;
Goldston discloses elements of the claimed invention as noted but does not disclose above limitation. However, Balassanian discloses:
Balassanian col 4 lines 8-27, The present disclosure generally relates to systems for generating custom music content by selecting and combining audio tracks based on various parameters. In various embodiments, machine learning algorithms (including neural networks such as deep learning neural networks) are configured to generate and customize music content to particular users. In some embodiments, users may create their own control elements and the computing system may be trained to generate output music content according to a user's intended functionality of a user-defined control element. In some embodiments, playback data of music content generated by techniques described herein may be recorded in order to record and track the usage of various music content by different rights-holders (e.g., copyright holders). The various techniques discussed below may provide more relevant custom music for different contexts, facilitate generating music according to a particular sound, allow users more control of how music is generated, generate music that achieves one or more specific goals, generate music in real-time to accompany other content, etc.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Goldston to obtain above limitation based on the teachings of Balassanian for the purpose of automatically generating new music content based on image representations of audio files, see abstract.
causing, via the network interface, one or more network devices to perform an operation corresponding to the generated output; and
Balassanian col 19 line 55 – col 20 line 8, In various embodiments, user-created control elements are high-level controls such as controls that adjust mood, intensity, or genre. Such user-created control elements are typically subjective measures that are based on a listener's individual preferences. In some embodiments, a user labels a user-created control element to define a user-specified parameter. The music generator system may play various music content and allow the user to modify the user-specified parameter in the music content using the control element. The music generator system may learn and store the manner in which the user-defined parameter varies audio parameters in the music content. Thus, during later playback, the user-created control element may be adjusted by the user and the music generator system adjusts audio parameters in the music playback according to the adjustment level of the user-specified parameter. In some contemplated embodiments, the music generator system may also select music content according to the user's preferences set by the user-specified parameter.
sending, after generating the output, second data associated with the generated
output to a network address associated with a smart contract.
Goldston discloses elements of the claimed invention as noted but does not disclose above limitation. However, Matthews discloses:
Matthews [0103] A listing is then generated for the NFT that describes the at least one obligation (block 1306). The listing platform 132, for example, generates the listing 306 for the NFT 308 with a smart contract template 310 that includes code configured to ensure performance of the listing obligations 304 and transfer the NFT 308 from the digital wallet 156 to a digital wallet of a purchasing user account in response to verifying performance of the listing obligations 304. As part of generating the listing 306, such as the example listing depicted in the user interface 1202, the listing platform 132 publishes the listing 306 for access by one or more computing devices, such that the client device 106 can view the user interface 1202 via, e.g., the application 146.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Goldston to obtain above limitation based on the teachings of Matthews for the purpose of responsive to purchase of the NFT via the listing, a smart contract is generated by updating the smart contract template with an identifier of the second digital wallet, and the NFT is transferred by executing the smart contract using a distributed state machine implemented on a blockchain.
Response to Arguments
Applicant’s arguments with respect to claim(s) 2-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant Argues:
Conclusion
In view of the foregoing, the pending claims comply with 35 U.S.C. § 112 and are patentable over the applied art. Certain claims may have been amended to clarify certain features of these claims and to expedite prosecution of this application; any foregoing amendments are made without prejudice to pursuing these claims in their unamended form in a continuation or other application. Applicant does not acquiesce to the rejections of the claims and does not acquiesce to the Examiner's characterization of the cited art. Applicant accordingly requests reconsideration of the application and a Notice of Allowance. If the Examiner has any questions or believes a telephone conference would expedite prosecution of this application, the Examiner is encouraged to contact the undersigned attorney.
Examiner Responds:
Examiner is not persuaded.
Examiner encourages the attorney of record to appeal the above rejection of claims 2-22.
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/ETIENNE P LEROUX/Primary Examiner of Art Unit 2161
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