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 .
Status of Claims
Claims 1-22 are currently pending in application 19/412,845.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/2/2026 and 7/1/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No. 12,493,890. Although the claims at issue are not identical, they are not patentably distinct from each other because both inventions disclose equivalent elements for automatically authenticating physical artwork by a computer system with scans using blockchain security over a data communication network.
19/412,845
US 12,493,890 B2
Independent Claims 1, 21, and 22
A computer implemented method for automatically authenticating physical artwork by a computer system with scans using blockchain security over a data communication network, the method comprising the steps of (At least one non-transitory computer-readable storage medium for automatically authenticating physical artwork by a computer system with scans using blockchain security over a data communication network, the at least one non-transitory computer-readable storage medium storing computer executable instructions that, when loaded into computer memory and executed by at least one processor of a computing device, cause the computing device to perform the following steps) (A first computing device for automatically authenticating physical artwork with scans using blockchain security over a data communication network, the first computing device comprising: at least one processor; a network interface, communicatively coupled to the at least one processor and to the data communication network; and a memory, communicatively coupled to the at least one processor and storing program code that when executed by the at least one processor causes the first computing device to execute the following steps):
creating, by a first computing device associated with a first party, a first scan of an original physical artwork owned by the first party, by scanning the original physical artwork according to scan instructions, wherein the scan instructions specify at least one frequency of electromagnetic radiation used to create the first scan, and coordinates representing at least one limited subset of the original physical artwork used to create the first scan;
encrypting the first scan of the physical artwork created by scanning the physical artwork according to the scan instructions;
encrypting the scan instructions used to create the first scan;
storing the encrypted first scan of the physical artwork created by scanning the physical artwork according to the scan instructions, and the encrypted scan instructions used to create the first scan;
transmitting, by the first computing device to a blockchain server, the encrypted first scan of the physical artwork created by scanning the physical artwork according to the scan instructions, the encrypted scan instructions used to create the first scan, and a request to add an entry to a blockchain, such that the entry added to the blockchain is associated with the first party and comprises a smart contract and the encrypted first scan of the physical artwork created by scanning the physical artwork according to the scan instructions and the encrypted scan instructions used to create the first scan;
wherein, in response to a subsequent request to authenticate a physical artwork to be verified as being the original physical artwork:
the added entry to the blockchain is accessed to retrieve the encrypted first scan of physical artwork created by scanning the physical artwork according to scan instructions, and the encrypted scan instructions used to create the first scan;
the smart contract is automatically executed to automatically decrypt the encrypted first scan of the physical artwork created by scanning the physical artwork according to the scan instructions and the encrypted scan instructions used to create the first scan;
a second scan is received from a second party, the second scan being created by scanning a physical artwork to be verified according to the scan instructions, using the at least one frequency of electromagnetic radiation specified by the scan instructions, and scanning at least one limited subset of the physical artwork to be verified as indicated by the coordinates specified by the scan instructions, wherein the at least one limited subset of the physical artwork to be verified in the second scan corresponds to the at least one limited subset of the original physical artwork included in the first scan;
the physical artwork to be verified is verified by determining whether the first scan matches the second scan, to determine whether the physical artwork to be verified is the original physical artwork; and
verification results are output;
responsive to the verification results confirming that the first scan matches the second scan, transmitting a control signal indicating to proceed, by the first computing device to the blockchain server, such that authentication of ownership of the original physical artwork is transferred from the first party to the second party on the blockchain.
Independent Claims 1, 24, and 25
A computer implemented method for automatically authenticating physical artwork by a computer system with scans using blockchain security over a data communication network, the method comprising the steps of (At least one non-transitory computer-readable storage medium for automatically authenticating physical artwork with scans using blockchain security over a data communication network, the at least one non-transitory computer-readable storage medium storing computer executable instructions that, when loaded into computer memory and executed by at least one processor of a computing device, cause the computing device to perform the following steps) (An artwork blockchain server for automatically authenticating physical artwork with scans using blockchain security over a data communication network, the artwork blockchain server comprising: a processor; a network interface, communicatively coupled to the processor and to the data communication network; and a memory, communicatively coupled to the processor and storing):
receiving a request to authenticate a physical artwork to be verified as being an original physical artwork owned by a first entity,
the original physical artwork being associated with an entry on a blockchain that is currently associated with the first entity and comprises a smart contract,
a first scan of the physical artwork created by scanning the physical artwork according to scan instructions, and the scan instructions used to create the first scan, wherein the scan instructions specify at least one frequency of electromagnetic radiation used to create the first scan, and coordinates representing at least one limited subset of the original physical artwork used to create the first scan;
created by scanning the physical artwork according to scan instructions, and the scan instructions used to create the first scan from the blockchain, the first scan and the scan instructions being encrypted and stored together as a single entity
receiving a request to authenticate a physical artwork to be verified as being an original physical artwork owned by a first entity,
retrieving the first scan of the physical artwork created by scanning the physical artwork according to scan instructions, and the scan instructions used to create the first scan from the blockchain, the first scan and the scan instructions being encrypted and stored together as a single entity;
automatically executing the smart contract retrieved from the blockchain to automatically decrypt the encrypted first scan of the physical artwork created by scanning the physical artwork according to the scan instructions, and the scan instructions used to create the first scan;
receiving the second scan, the second scan being created by scanning a physical artwork to be verified according to the scan instructions, using the at least one frequency of electromagnetic radiation specified by the scan instructions, and scanning at least one limited subset of the physical artwork to be verified as indicated by the coordinates specified by the scan instructions;
wherein the at least one limited subset of the physical artwork to be verified in the second scan corresponds to the at least one limited subset of the original physical artwork included in the first scan;
verifying whether the first scan matches the second scan, to determine whether the physical artwork to be verified is the original physical artwork;
outputting verification results; and
responsive to a successful verification that the first scan matches the second scan and to receiving a control signal from the first entity indicating to proceed, transferring authentication of ownership of the original physical artwork from the first entity to a second entity on the blockchain.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN P OUELLETTE whose telephone number is (571)272-6807. The examiner can normally be reached on M-F 8am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda C Jasmin, can be reached at telephone number (571) 272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
October 6, 2026
/JONATHAN P OUELLETTE/Primary Examiner, Art Unit 3629
