DETAILED ACTION
Summary
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a first Office Action on the merits.
Claims 1-20 are currently pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,367,728. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent effectively “anticipate” the limitations of the instant application.
The following chart illustrates limitation correspondence between claim sets.
Instant Application
Claim 1:
A method for performing a determination of voter eligibility and facilitation of secure electronic voting, the method comprising: logging into a website of a secure voting system using login information of a voter; authenticating the voter according to a security setting;
displaying a voting page corresponding to the login information of the voter; determining a certainty score for the voter using prestored information in the secure voting system;
transmitting, to an adjudicating entity, voter information for determination of voter eligibility, the voter information including at least biographical information of the voter, and the certainty score;
storing, by the adjudicating entity, the voter information in a first blockchain;
determining, by the adjudicating entity, whether the voter is eligible to vote based on the voter information stored in the first blockchain;
generating, by the adjudicating entity, a unique voter specific record for the voter in response to a determination that the voter is eligible to vote;
transmitting, from the adjudicating entity and to the secure voting system, the unique voter specific record;
receiving, from the voter, a selection on the unique voter specific record; transmitting, to the adjudicating entity, the selection by the voter;
storing, by the adjudicating entity and on a second blockchain, the selection by the voter; and releasing, by the adjudicating entity, the selection by the voter stored on the second blockchain.
Claim 19:
A system to perform a determination of voter eligibility and facilitation of secure electronic voting, the system comprising: a secure voting system including a processor, a memory and a communication circuit; and
an adjudicating entity including a processor, a memory and a communication circuit;
wherein the system performs: logging into a website of the secure voting system using login information of a voter; authenticating the voter according to a security setting;
displaying a voting page corresponding to the login information of the voter; determining a certainty score for the voter using prestored information in the secure voting system;
transmitting, to the adjudicating entity, voter information for determination of voter eligibility, the voter information including at least biographical information of the voter, and the certainty score;
storing, by the adjudicating entity, the voter information in a first blockchain;
determining, by the adjudicating entity, whether the voter is eligible to vote based on the voter information stored in the first blockchain;
generating, by the adjudicating entity, a unique voter specific record for the voter in response to a determination that the voter is eligible to vote;
transmitting, from the adjudicating entity and to the secure voting system, the unique voter specific record; receiving, from the voter, a selection on the unique voter specific record; transmitting, to the adjudicating entity, the selection by the voter; storing, by the adjudicating entity and on a second blockchain, the selection by the voter; and releasing, by the adjudicating entity, the selection by the voter stored on the second blockchain.
Claim 20:
A non-transitory computer readable storage medium that stores a computer program for performing a determination of voter eligibility and facilitation of secure electronic voting, the computer program, when executed by a processor, causing a system including a secure voting system and an adjudicating entity to perform a process comprising:
logging into a website of the secure voting system using login information of a voter;
authenticating the voter according to a security setting;
displaying a voting page corresponding to the login information of the voter; determining a certainty score for the voter using prestored information in the secure voting system;
transmitting, to the adjudicating entity, voter information for determination of voter eligibility, the voter information including at least biographical information of the voter, and the certainty score; storing, by the adjudicating entity, the voter information in a first blockchain;
determining, by the adjudicating entity, whether the voter is eligible to vote based on the voter information stored in the first blockchain;
generating, by the adjudicating entity, a unique voter specific record for the voter in response to a determination that the voter is eligible to vote; transmitting, from the adjudicating entity and to the secure voting system, the unique voter specific record; receiving, from the voter, a ballot selection on the unique voter specific record; transmitting, to the adjudicating entity, the selection by the voter; storing, by the adjudicating entity and on a second blockchain, the selection by the voter; and releasing, by the adjudicating entity, the selection by the voter stored on the second blockchain.
Patent No. 12,367,728
Claim 1:
A method for performing a determination of voter eligibility and facilitation of secure electronic voting, the method comprising: logging into a website of a secure voting system using a voter's login information; authenticating the voter according to a security setting;
receiving, from the voter, a selection for performing a voting operation;
displaying a voting page for a jurisdiction corresponding to a residence of the voter; determining a certainty score for the voter using prestored information in the secure voting system;
generating submission information for the voter;
transmitting, to an adjudicating entity, voter information for determination of voter eligibility, the voter information including at least biographical information of the voter, the certainty score and the submission information;
storing, by the adjudicating entity, the voter information in a non-public blockchain;
determining, by the adjudicating entity, whether the voter is eligible to vote based on the voter information stored in the non-public blockchain;
generating, by the adjudicating entity, a unique voter specific ballot for the voter in response to a determination that the voter is eligible to vote;
transmitting, from the adjudicating entity and to the secure voting system, the unique voter specific ballot;
receiving, from the voter, a ballot selection on the unique voter specific ballot; transmitting, to the adjudicating entity, the ballot selection;
storing, by the adjudicating entity and on a public blockchain, the ballot selection; and releasing, by the adjudicating entity, the ballot selection stored on the public blockchain.
Claim 19:
A system to perform a determination of voter eligibility and facilitation of secure electronic voting, the system comprising: a secure voting system including a processor, a memory and a communication circuit; and
an adjudicating entity including a processor, a memory and a communication circuit;
wherein the system performs: logging into a website of the secure voting system using a voter's login information; authenticating the voter according to a security setting;
receiving, from the voter, a selection for performing a voting operation;
displaying a voting page for a jurisdiction corresponding to a residence of the voter; determining a certainty score for the voter using prestored information in the secure voting system;
generating submission information for the voter;
transmitting, to the adjudicating entity, voter information for determination of voter eligibility, the voter information including at least biographical information of the voter, the certainty score and the submission information;
storing, by the adjudicating entity, the voter information in a non-public blockchain;
determining, by the adjudicating entity, whether the voter is eligible to vote based on the voter information stored in the non-public blockchain;
generating, by the adjudicating entity, a unique voter specific ballot for the voter in response to a determination that the voter is eligible to vote;
transmitting, from the adjudicating entity and to the secure voting system, the unique voter specific ballot; receiving, from the voter, a ballot selection on the unique voter specific ballot; transmitting, to the adjudicating entity, the ballot selection; storing, by the adjudicating entity and on a public blockchain, the ballot selection; and releasing, by the adjudicating entity, the ballot selection stored on the public blockchain.
Claim 20:
A non-transitory computer readable storage medium that stores a computer program for performing a determination of voter eligibility and facilitation of secure electronic voting, the computer program, when executed by a processor, causing a system including a secure voting system and an adjudicating entity to perform a process comprising:
logging into a website of the secure voting system using a voter's login information;
authenticating the voter according to a security setting;
receiving, from the voter, a selection for performing a voting operation;
displaying a voting page for a jurisdiction corresponding to a residence of the voter; determining a certainty score for the voter using prestored information in the secure voting system;
generating submission information for the voter;
transmitting, to the adjudicating entity, voter information for determination of voter eligibility, the voter information including at least biographical information of the voter, the certainty score and the submission information; storing, by the adjudicating entity, the voter information in a non-public blockchain;
determining, by the adjudicating entity, whether the voter is eligible to vote based on the voter information stored in the non-public blockchain;
generating, by the adjudicating entity, a unique voter specific ballot for the voter in response to a determination that the voter is eligible to vote; transmitting, from the adjudicating entity and to the secure voting system, the unique voter specific ballot; receiving, from the voter, a ballot selection on the unique voter specific ballot; transmitting, to the adjudicating entity, the ballot selection; storing, by the adjudicating entity and on a public blockchain, the ballot selection; and releasing, by the adjudicating entity, the ballot selection stored on the public blockchain.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
ANDERSON, US 2022/0239502, teaches a system to securely issue and count electronic ballots, wherein voter information for determination of voter eligibility, including at least biographical information of the voter, is transmitted to an adjudicating entity and stored, by the adjudicating entity, in a blockchain [0039] [0040] [0041].
DARTANYON, WO2021/183677, teaches a method of securing voting transactions, wherein a user logs into a securing voting system using login information of the voter; authenticating the voter according to a security setting; registered voter’s information and voting selections of the user are entered onto one or more election blockchains (Page 7, lines 8-14).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A GUDORF whose telephone number is (571)270-7607. If the Examiner cannot be reached by telephone, she can be reached through the following e-mail address: laura.gudorf@uspto.gov. The examiner can normally be reached on M-F 6:00-4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Lee, can be reached at telephone number (571)272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA A GUDORF/Primary Examiner, Art Unit 2876