Detailed Action
Claims 1-26 are pending and are examined.
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 .
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-26 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-26 of U.S. Patent No. 12,574,263 in view of Miller in further view of Ramadoss.
Although the conflicting claims are not identical, they are not patentably distinct from each other. Claim 1 of US Patent 12,574,263 recites:
A method for transmitting second-tier tokens to a set of activate validator computer nodes in a blockchain system,
the blockchain system comprising:
a plurality of validator computer nodes connected over a communication network,
the blockchain system maintaining a two-tier blockchain ledger comprising:
a first-tier token, the first-tier token being a first type of token being associated with physical asset production, and
a second-tier token, the second-tier token being a second type of token, a total quantity of the second-tier tokens depending on a total quantity of the first-tier tokens, the second-tier token being a protocol token of the two-tier blockchain ledger used to perform transactions, a new quantity of second-tier tokens being generated and awarded to the set of activate validator computer nodes validating transactions,
the blockchain system being connected to a producer computer node, the method comprising:
receiving, from the producer computer node associated with an asset producing entity, asset production sensor data representative of a production of a given physical asset, the asset production sensor data having been measured by sensors of the asset producing entity;
generating a new quantity of first-tier tokens based at least on the asset production sensor data;
transmitting the generated new quantity of first-tier tokens to the producer computer node, a current total quantity of first-tier tokens being based on the generated new quantity of first-tier tokens and the total quantity of first-tier tokens;
generating the new quantity of second-tier tokens based on: the current total quantity of the first-tier tokens;
receiving, from a set of validator computer nodes from the plurality of validator computer nodes, at least one of: a respective bid quantity of first-tier tokens, and a respective staked quantity of second-tier tokens;
selecting, based on the at least one of the respective bid quantity of first-tier token and the respective staked quantity of second-tier tokens, the set of active validator computer nodes from the set of validator computer nodes;
validating, upon consensus by the set of active validator computer nodes, a pending block to obtain a new block in the two-tier blockchain ledger, the new block comprising at least an indication of the generated quantity of first-tier tokens and an indication of the total quantity of second-tier tokens; and
transmitting, to each of the set of active validator computer nodes, a respective portion of the generated new quantity of second-tier tokens, a current total quantity of the second-tier tokens in the two-tier blockchain being based on the generated new quantity of the second-tier tokens.
Claim 1 of US Patent 12,574,263 differs in that it does not specify that the producer-related data comprises at least one selected from the group consisting of physical production data, energy conversion and derivative production data, operational cost and performance data, supply-chain linked data, and institutional production of economic value. Miller teaches receiving and processing physical energy generation, transmission, scheduling, delivery, consumption, and storage data from energy facilities and metering devices, including IoT/smart-meter data streams, and generating secure blockchain-based digital assets therefrom. (See para. 0026-0028, 0032, 0056-0058, and 0064-0066). Ramadoss teaches blockchain nodes serving as validators, consensus requiring transactions to be validated and accepted by a number of nodes, Proof of Stake as a consensus protocol, validators locking coins/tokens as stake, validators validating blocks by placing a bet, and validators receiving rewards when the block is appended (see para. 0074-0082, and 0225). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify claim 1 of US Patent 12, 564, 263 to specify that the asset-production related data includes physical production data, energy conversion and derivative production data, etc as taught by Miller, and to implement the validator staking, consensus and reward features in the manner taught by Ramadoss. The motivation would be to improve the reliability, granularity, and economic relevance of the two-tier token system.
Claim Rejections - 35 USC § 101
Claims 1-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Step 1 of the eligibility analysis asks is the claim to a process, machine, manufacture or composition of matter (See MPEP § 2106.03, subsections I and II). Claims 1-13 are directed to a computer-implemented method (i.e., process). Claims 14-26 are directed to a computer-implemented system (i.e., machine, and manufacture). Therefore, these claims fall within the four statutory categories of invention.
Step 2A, Prong One
Prong One asks does the claim recite an abstract idea, law of nature, or natural phenomenon (MPEP § 2106.04(II)(A)(1)). Claims 1 and 14 under a broadest reasonable interpretation recite an abstract idea because the claims describe transmitting tokens to validators, grouped within the “certain methods of organizing human activity” grouping of abstract ideas (MPEP § 2106.04(a)(2), subsection II). The claim limitations reciting the abstract idea are grouped within the “certain methods of organizing human activity” grouping of abstract ideas because the limitations describe fundamental economic principles or practices, including mitigating risk of token and reward mis-issuance.
The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
Claim 1:
A method for transmitting second-tier tokens to a set of activate validator computer nodes in a blockchain system,
the blockchain system comprising:
a plurality of validator computer nodes connected over a communication network,
the blockchain system maintaining a two-tier blockchain ledger comprising:
a first-tier token, and
a second-tier token, the second-tier token being a second type of token, a total quantity of the second-tier tokens depending on a total quantity of the first-tier tokens, the second-tier token being a protocol token of the two-tier blockchain ledger used to perform transactions, a new quantity of second-tier tokens being generated and awarded to the set of activate validator computer nodes validating transactions,
the blockchain system being connected to a producer computer node, the method comprising:
receiving, from the producer computer node associated with an asset producing entity, asset production sensor data representative of a production of a given physical asset, the asset production sensor data having been measured by sensors of the asset producing entity, the asset production sensor data comprising at least one selected from the group of: physical production data, energy conversion and derivative production data, operational cost and performance data, supply chain linked data, and institutional production of economic value;
generating a new quantity of first-tier tokens based at least on the asset production sensor data;
transmitting the generated new quantity of first-tier tokens to the producer computer node, a current total quantity of first-tier tokens being based on the generated new quantity of first-tier tokens and the total quantity of first-tier tokens;
generating the new quantity of second-tier tokens based on: the current total quantity of the first-tier tokens;
receiving, from a set of validator computer nodes from the plurality of validator computer nodes, at least one of: a respective bid quantity of first-tier tokens, and a respective staked quantity of second-tier tokens;
selecting, based on the at least one of the respective bid quantity of first-tier token and the respective staked quantity of second-tier tokens, the set of active validator computer nodes from the set of validator computer nodes;
validating, upon consensus by the set of active validator computer nodes, a pending block to obtain a new block in the two-tier blockchain ledger, the new block comprising at least an indication of the generated quantity of first-tier tokens and an indication of the total quantity of second-tier tokens; and
transmitting, to each of the set of active validator computer nodes, a respective portion of the generated new quantity of second-tier tokens, a current total quantity of the second-tier tokens in the two-tier blockchain being based on the generated new quantity of the second-tier tokens.
Claim 14:
A system for transmitting a respective portion of a new quantity of second-tier tokens to a set of activate validator computer nodes in a two-tier blockchain ledger,
the two-tier blockchain ledger comprising:
a first-tier token, and
a second-tier token, the second-tier token being a second type of token, a total quantity of the second-tier tokens depending on a total quantity of the first-tier tokens the second-tier token being a protocol token of the two-tier blockchain ledger used to perform transactions, the new quantity of second-tier tokens being generated and awarded to the set of activate validator computer nodes validating transactions,
the system comprising:
a plurality of validator computer nodes connected over a communication network,
the system being configured for:
receiving, from a producer computer node connected to the system, the producer computer node being associated with an asset producing entity, asset production sensor data representative of a production of a given physical asset, the asset production sensor data having been measured by sensors of the asset producing entity, the asset production sensor data comprising at least one selected from the group of: physical production data, energy conversion and derivative production data, operational cost and performance data, supply chain linked data, and institutional production of economic value;
generating a new quantity of first-tier tokens based at least on the asset production sensor data;
transmitting the generated new quantity of first-tier tokens to the producer computer node, a current total quantity of first-tier tokens being based on the generated new quantity of first-tier tokens and the total quantity of first-tier tokens;
generating the new quantity of second-tier tokens based on the current total quantity of the first-tier tokens;
receiving, from a set of validator computer nodes from the plurality of validator computer nodes, at least one of: a respective bid quantity of first-tier tokens, and a respective staked quantity of second-tier tokens;
selecting, based on the at least one of the respective bid quantity of first-tier token and the respective staked quantity of second-tier tokens, the set of active validator computer nodes from the set of validator computer nodes;
validating, upon consensus by the set of active validator computer nodes, a pending block to obtain a new block in the two-tier blockchain ledger, the new block comprising at least an indication of the generated quantity of first-tier tokens and an indication of the total quantity of second-tier tokens; and
transmitting, to each of the set of active validator computer nodes, a respective portion of the generated new quantity of second-tier tokens, a current total quantity of the second-tier tokens in the two-tier blockchain being based on the generated new quantity of the second-tier tokens.
Step 2A, Prong Two
Prong Two asks does the claim recite additional elements that integrate the judicial exception into a practical application (MPEP § 2106.04(II)(A)(2)). Here, the additional elements of blockchain, and computer, individually and in combination, are recited at a high level of generality as generic and conventional elements merely serving as a tool to perform the abstract idea (MPEP § 2106.05(f)) and generally linking the use of the abstract idea to a particular technological environment (MPEP § 2106.05(h)). The description of the additional elements evidences that they are generic and conventional elements used as tools to perform the abstract idea. The blockchain may be a generic and conventional blockchain (See Spec. 0019).
The computer may be a generic and conventional computer (See Spec. 0034).
Step 2B
Step 2B determines whether the claim as a whole amount to significantly more than the abstract idea itself (MPEP § 2106.05). Evaluating additional elements to determine whether they amount to an inventive concept requires considering them both individually and in combination to ensure that they amount to significantly more than the abstract idea itself. Individually, the additional elements do not amount to significantly more than the abstract idea. As discussed previously, the description of the additional elements evidences that they are generic and conventional elements used as tools to perform the abstract idea (See Spec. 0019 and 0034). As such, the additional elements merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment. The ordered combination recites no more than the individual elements do. Thus, the additional elements are not significantly more than the abstract idea. Accordingly, the claims are directed to the abstract idea identified above without significantly more. The claims are not eligible, warranting a rejection for lack of subject matter eligibility and concluding the eligibility analysis.
Dependent Claims
Claims 2-13, and 15-26 have also been analyzed. However, the subject matter of these claims also fails to recite patent eligible subject matter for the following reasons:
Claim 2 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the selecting, based on the at least one of the respective bid quantity of first-tier tokens and the respective staked quantity of second-tier tokens, the set of active validator computer nodes from the set of validator computer nodes comprises:
selecting, based on the respective bid quantity of first tier-tokens, a subset of the set of validator nodes as super validator nodes, the super validator nodes being a subset of the set of active validator computer nodes; and
determining the respective portion of the generated new quantity of second-tier tokens for the super validator nodes, the respective portion for the super validator nodes being greater than the respective portion of the generated quantity of second-tier tokens for a remainder of the set of active validator computer nodes.
Claim 3 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
further comprising:
burning the respective bid quantity of first-tier tokens, the burning causing a reduction of the current total quantity of first-tier tokens based on the respective bid quantity of first-tier tokens.
Claim 4 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
further comprising: transmitting the respective staked quantity of second-tier tokens back to the set of active validator computer nodes.
Claim 5 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the generating the new quantity of second-tier tokens comprises:
determining, upon consensus by the blockchain system, an asset production increase parameter; and
determining the generated new quantity of second-tier tokens based on the asset production increase parameter and the total quantity of first-tier tokens.
Claim 6 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the generating the new quantity of first-tier tokens to the producer computer node comprises:
receiving asset production data having been generated based on the asset production sensor data;
receiving, from a trusted data source connected to the blockchain system, trusted production data;
comparing the asset production data and the trusted production data to obtain a comparison result; and
determining the new quantity of first-tier tokens based on the comparison result.
Claim 7 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
further comprising, prior to validating, upon consensus by the set of active validator computer nodes, the pending block comprising at least the indication of the generated quantity of first-tier tokens to obtain the new block in the two-tier blockchain ledger:
generating, by a given node of the set of validator computer nodes, based on the asset production sensor data, the pending block for a current period.
Claim 8 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
further comprising: determining a respective portion of the new generated quantity of second-tier tokens for transmission to the given node.
Claim 9 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the total quantity of the first tier-tokens is a total quantity of first-tier tokens for a previous period.
Claim 10 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
further comprising:
receiving, from the producer computer node, a request for addition to the blockchain system as a new validator computer node; and
adding, upon consensus by the validator computer nodes, the producer computer node to the blockchain system as a new validator computer node.
Claim 11 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the set of active validator computer nodes are an improper subset of the set of validator computer nodes.
Claim 12 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein:
each validator computer node stores a respective wallet comprising: a respective set of cryptographic keys, a respective quantity of second-tier tokens and a respective quantity of first-tier tokens; and wherein
the producer computer node stores a respective producer wallet comprising a respective set of producer cryptographic keys, the respective producer wallet for receiving the generated new quantity of first-tier tokens.
Claim 13 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein:
the physical production data comprises at least one selected from the group of: data related to commodity production, data related to production, data related to conversion, data related to processing, data related to refinement, or data related to operation of real-world assets or asset-linked outputs;
the energy conversion and derivative production data comprises at least one selected from the group of: data related to the conversion of natural resources into electricity or other forms of energy, data related to operational metrics of equipment;
the operational cost and performance data comprises at least one selected from the group of: data related to maintenance logs, data related to records of equipment uptime and downtime, and data related to schedules for preventive or corrective actions;
the supply chain linked data comprises at least one selected from the group of: records of the quantity and grade of raw materials extracted, data related to the throughput and yield of refineries, data related to the details of manufacturing transformation steps, data related to the creation and tracking of inventory, and data related to point-of-sale events at retail locations; and
institutional production of economic value comprises at least one selected from the group of: data related to machine-readable records that document changes in the monetary base, data related to adjustments of balance sheets.
Claim 15 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the selecting, based on the at least one of the respective bid quantity of first-tier tokens and the respective staked quantity of second-tier tokens, the set of active validator computer nodes from the set of validator computer nodes comprises:
selecting, based on the respective bid quantity of first tier-tokens, a subset of the set of validator computer nodes as super validator nodes, the super validator nodes being a subset of the set of active validator computer nodes; and
determining the respective portion of the generated new quantity of second-tier tokens for the super validator nodes, the respective portion for the super validator nodes being greater than the respective portion of the generated quantity of second-tier tokens for a remainder of the set of active validator computer nodes.
Claim 16 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the system is further configured for:
burning the respective bid quantity of first-tier tokens, the burning causing a reduction of the current total quantity of first-tier tokens based on the respective bid quantity of first-tier tokens.
Claim 17 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the system is further configured for: transmitting the respective staked quantity of second-tier tokens back to the set of active validator computer nodes.
Claim 18 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the generating the new quantity of second-tier tokens comprises:
determining, upon consensus by the system, an asset production increase parameter; and
determining the generated new quantity of second-tier tokens based on the asset production increase parameter and the total quantity of first-tier tokens.
Claim 19 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the generating the new quantity of first-tier tokens comprises:
receiving asset production data having been generated based on the asset production sensor data;
receiving, from a trusted data source connected to the system, trusted production data;
comparing the asset production data and the trusted production data to obtain a comparison result; and
determining the new quantity of first-tier tokens based on the comparison result.
Claim 20 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the system is further configured for, prior to validating, upon consensus by the set of active validator computer nodes, the pending block comprising at least the indication of the generated quantity of first-tier tokens to obtain the new block in the two-tier blockchain ledger:
generating, by a given node of the set of validator computer nodes, based on the asset production sensor data, the pending block for a current period.
Claim 21 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the system is further configured for: determining a respective portion of the new generated quantity of second-tier tokens for transmission to the given node.
Claim 22 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the total quantity of the first tier-tokens is a total quantity of first-tier tokens for a previous period.
Claim 23 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the system is further configured for:
receiving, from the producer computer node, a request for addition to the system as a new validator computer node; and
adding, upon consensus by the validator computer nodes, the producer computer node to the system as a new validator computer node.
Claim 24 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein the set of active validator computer nodes are an improper subset of the set of validator computer nodes.
Claim 25 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein:
each validator computer node stores a respective wallet comprising: a respective set of cryptographic keys, a respective quantity of second-tier tokens and a respective quantity of first-tier tokens; and wherein
the producer computer node stores a respective producer wallet comprising a respective set of producer cryptographic keys, the respective producer wallet for receiving the generated new quantity of first-tier tokens.
Claim 26 recites an abstract idea because the claim describes the same abstract idea as claim 1. The additional elements do not integrate the abstract idea into a practical application because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. The additional elements are not significantly more than the abstract idea because individually and in combination, the additional elements are recited at a high level of generality as generic and conventional computers and components merely serving as a tool to perform the abstract idea and generally linking the use of the abstract idea to a particular technological environment. Therefore, the claim is not eligible. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements.
wherein:
the physical production data comprises at least one selected from the group of: data related to commodity production, data related to production, data related to conversion, data related to processing, data related to refinement, or data related to operation of real-world assets or asset-linked outputs;
the energy conversion and derivative production data comprises at least one selected from the group of: data related to the conversion of natural resources into electricity or other forms of energy, data related to operational metrics of equipment;
the operational cost and performance data comprises at least one selected from the group of: data related to maintenance logs, data related to records of equipment uptime and downtime, and data related to schedules for preventive or corrective actions;
the supply chain linked data comprises at least one selected from the group of: records of the quantity and grade of raw materials extracted, data related to the throughput and yield of refineries, data related to the details of manufacturing transformation steps, data related to the creation and tracking of inventory, and data related to point-of-sale events at retail locations; and
institutional production of economic value comprises at least one selected from the group of: data related to machine-readable records that document changes in the monetary base, data related to adjustments of balance sheets.
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 1-26 are rejected rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over Miller et al. (US20210141761A1) (hereinafter “Miller”) in view of Ramadoss et al. (US20200042989A1) (hereinafter “Ramadoss”) in further view of US Patent 12,574,263.
As per Claim 1 and 14, Miller teaches:
A method for transmitting second-tier tokens to a set of activate validator computer nodes in a blockchain system, the blockchain system comprising: a plurality of validator computer nodes connected over a communication network, the blockchain system maintaining a two-tier blockchain ledger comprising: a first-tier token, and a second-tier token, (“Blockchain layer 340 includes one or more blockchain structures having blockchain nodes 341.” (Para. 0026); “blockchain layer 341 includes nodes 345 and validator nodes 350. Nodes 345 are original layers of blockchain processing.” (Para. 0051); “Smart contracts 352 are generated such as, by way of example and not limitation, renewable energy data 355, digital renewable energy credits 360, digital CO2e assets and liabilities 365, digital CO2e allowances 375, and digital energy efficiency credits 370.” (Para. 0026))
the second-tier token being a second type of token, a total quantity of the second-tier tokens depending on a total quantity of the first-tier tokens, the second-tier token being a protocol token of the two-tier blockchain ledger used to perform transactions, a new quantity of second-tier tokens being generated and awarded to the set of activate validator computer nodes validating transactions, (“various embodiments may, for example, advantageously generate secure, immutable, verifiable digital energy data assets such as, by way of example and not limitation, blockchain tokens..” (Para. 0026); “In the depicted example, the attribution credit 335 is the origin of five distinct digital assets: digital renewable energy data 355, digital RECs 360, digital CO2e assets or liabilities 365, digital CO2e allowances 375, and digital energy efficiency credits 370.” (Para. 0046); “Chain API (140) is an API endpoint to get blockchain transactions generated from different digital assets and other smart contracts. In various embodiments, making these transactions available through request calls may advantageously enable a callback to return information about a transaction of a specific smart contract or digital asset which holds metadata contents of meters queried from one or more associated database.” (Para. 0054))
the blockchain system being connected to a producer computer node, the method comprising: receiving, from the producer computer node associated with an asset producing entity, asset production sensor data representative of a production of a given physical asset, the asset production sensor data having been measured by sensors of the asset producing entity, (“Physical facilities for generation 10, transmission 14, and consumption 18 may be interconnected via at least one power grid.” (Para. 0022); “More specifically, energy facilities 101 may include, as depicted: (1) a net energy generation facility 101A (e.g., wind/solar/wave farms, dams, geothermal power stations), (2) a net energy consumption facility 101B (e.g., office buildings, factories, warehouses), (3) an energy transmission facility 101T (e.g., scheduling and delivery infrastructure, substations), (4) an energy storage facility 101S (e.g., battery bank, gravity storage, inertial storage), or some combination thereof (e.g., an office building with a roof that is covered with an array of solar panels and has a battery bank in the basement, with associated transmission and scheduling equipment)..” (Para. 0024); “Energy layer 60 includes multiple energy generating facilities 101A, energy consumption facilities 101B, energy storage facilities 101S, and energy transmission facilities 101T.” (Para. 0028))
the asset production sensor data comprising at least one selected from the group of: physical production data, energy conversion and derivative production data, operational cost and performance data, supply chain linked data, and institutional production of economic value; (“Generation data 12 is collected (e.g., by a smart meter) and transferred to an energy tracking and processing infrastructure (ETPI) 22.” (Para. 0022); “Energy flow from, through, and to the various facilities 101 are measured via metering devices 105. The metering devices 105 generated corresponding data streams 114.” (Para. 0024); “Each energy metering device 105 may be operably configured as a networked or Internet of Things (IoT) device, such that each metering device 105 may operate as a “smart” meter that is capable of transmitting energy generation and/or consumption data to a processing and validation engine 65 of an ETPI 22.” (Para. 0032))
generating a new quantity of first-tier tokens based at least on the asset production sensor data; (“Data in the Merkle trie and blockchain is used to generate, process, and validate one or more digital energy asset tokens.” (Para. 0023); “If the rules validate that the energy block represents valid renewable energy generated 520, a digital renewable energy credit token is generated 525. Otherwise, the process ends.” (Para. 0060); “energy generation, transmission, and consumption data may be advantageously transformed into secure, verifiable, and actionable data records associated with predetermined physical energy quanta. Furthermore, immutable, verifiable, traceable, and negotiable digital energy data assets may be generated therefrom.” (Para. 0045))
transmitting the generated new quantity of first-tier tokens to the producer computer node, a current total quantity of first-tier tokens being based on the generated new quantity of first-tier tokens and the total quantity of first-tier tokens; (“Any automatic transfer of RECs from generator to customer may also be handled by this service.” (Para. 0045); “Digital renewable energy data 355 may, for example, advantageously enable accelerated settlement of purchased energy via transfer of digital currency between parties.” (Para. 0046); “the rate of digital RECs 360 and digital energy efficiency credits 370 generated may often be dependent on the level of energy a given facility 101A/B is using, generating, or transmitting.” (Para. 0049))
generating the new quantity of second-tier tokens based on: the current total quantity of the first-tier tokens (“Any automatic transfer of RECs from generator to customer may also be handled by this service.” (Para. 0045); “Digital renewable energy data 355 may, for example, advantageously enable accelerated settlement of purchased energy via transfer of digital currency between parties.” (Para. 0046); “If the CO2e intensity standards are met 550, one or more digital energy efficiency credit tokens are generated 555. Otherwise, the process ends.” (Para. 0062))
Miller does not disclose:
“receiving, from a set of validator computer nodes from the plurality of validator computer nodes, at least one of: a respective bid quantity of first-tier tokens, and a respective staked quantity of second-tier tokens; selecting, based on the at least one of the respective bid quantity of first-tier token and the respective staked quantity of second-tier tokens, the set of active validator computer nodes from the set of validator computer nodes; validating, upon consensus by the set of active validator computer nodes, a pending block to obtain a new block in the two-tier blockchain ledger, the new block comprising at least an indication of the generated quantity of first-tier tokens and an indication of the total quantity of second-tier tokens; and transmitting, to each of the set of active validator computer nodes, a respective portion of the generated new quantity of second-tier tokens, a current total quantity of the second-tier tokens in the two-tier blockchain being based on the generated new quantity of the second-tier tokens.” (claim 1).
However, as per Claim 1, Ramadoss in the analogous art of secured payments between parties, teaches: “receiving, from a set of validator computer nodes from the plurality of validator computer nodes, at least one of: a respective bid quantity of first-tier tokens, and a respective staked quantity of second-tier tokens; selecting, based on the at least one of the respective bid quantity of first-tier token and the respective staked quantity of second-tier tokens, the set of active validator computer nodes from the set of validator computer nodes; validating, upon consensus by the set of active validator computer nodes, a pending block to obtain a new block in the two-tier blockchain ledger, the new block comprising at least an indication of the generated quantity of first-tier tokens and an indication of the total quantity of second-tier tokens; and transmitting, to each of the set of active validator computer nodes, a respective portion of the generated new quantity of second-tier tokens, a current total quantity of the second-tier tokens in the two-tier blockchain being based on the generated new quantity of the second-tier tokens”. (See “The system also works with proof-of-stake which replaces miners with validators: The validators will have to lock up some of their coins/tokens as stake. After that, they will start validating the blocks. Meaning, when they discover a block which they think can be added to the chain, they will validate it by placing a bet on it. If the block gets appended, then the validators will get a reward proportionate to their bets.” (Para. 0074-0077), see also para. 0166 (“nodes can serve various roles such as miners, validators, orderer, etc.”); “Where a miner satisfies or solves the challenge and validates the transactions in a prospective new block such new block is added to the blockchain. Accordingly, the blockchain provides a distributed mechanism for reliably verifying a data entity such as an entity constituting or representing the potential to consume a resource.” (Para. 0055), see also para. 0077 (“If the block gets appended, then the validators will get a reward proportionate to their bets”); “Miners create and earn a certain amount of BCU and BCS every time miners mine a block of transactions and update the network. The mining can be proof of work (PoW) or Proof of Stake (PoS), among others. To enhance the network, developers earn Utility Tokens every time a code update is submitted for the app and the network accepts the update. As a result, miners and developers not only get BCS but also get tokens for their work. And because these tokens are proportional to the amount of Utility Token they own, they need to keep mining to keep their percentage.” (Para. 0204))
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the method of Miller with the technique of Ramadoss to include receiving staked token quantities from validator nodes, selecting active validator nodes based on the staked quantities, validating a pending block by consensus, and transmitting generated protocol-token rewards to the active validator nodes. Therefore, the incentives of providing a known consensus mechanism, and rewarding validator participation in a blockchain token system provided a reason to make an adaptation, and the invention resulted from application of the prior knowledge in a predictable manner.
As per Claim 2 and 15, Miller teaches:
The method of claim 1, wherein the selecting, based on the at least one of the respective bid quantity of first-tier tokens and the respective staked quantity of second-tier tokens, the set of active validator computer nodes from the set of validator computer nodes comprises: selecting, based on the respective bid quantity of first tier-tokens, a subset of the set of validator nodes as super validator nodes, the super validator nodes being a subset of the set of active validator computer nodes; and determining the respective portion of the generated new quantity of second-tier tokens for the super validator nodes, the respective portion for the super validator nodes being greater than the respective portion of the generated quantity of second-tier tokens for a remainder of the set of active validator computer nodes. (“In the depicted example, blockchain layer 341 includes nodes 345 and validator nodes 350.” (Para. 0051); “Validator nodes 350 may, for example, be third-party hosted-nodes configured to run in parallel with nodes 345 as an independent check of the nodes 345.” (Para. 0051); “The digital energy data assets may advantageously be used for rewards, fines, and trading to advantageously, verifiably, and efficiently implement energy efficiency and sustainability.” (Para. 0063))
As per Claim 3 and 16, Miller teaches:
The method of claim 2, further comprising: burning the respective bid quantity of first-tier tokens, the burning causing a reduction of the current total quantity of first-tier tokens based on the respective bid quantity of first-tier tokens. (“Digital renewable energy data 355 may, for example, advantageously enable accelerated settlement of purchased energy via transfer of digital currency between parties. Digital RECs 360 are digital renewable energy data assets aggregated into bundles representing discrete predetermined energy quanta (e.g., 1 MWh). Digital RECs may, for example, advantageously be used directly by a user for internal purposes, or be used for third-party exchange.” (Para. 0046); “The digital energy data assets may advantageously be used for rewards, fines, and trading to advantageously, verifiably, and efficiently implement energy efficiency and sustainability.” (Para. 0063)
As per Claim 4 and 17, Miller teaches:
The method of claim 3, further comprising: transmitting the respective staked quantity of second-tier tokens back to the set of active validator computer nodes. (“The digital energy data assets 352 may, by way of example and not limitation, be stored in blockchain wallets, such as wallets for digital renewable energy data 355, digital RECs 360, digital CO2e assets or liabilities 365, digital CO2e allowances 375, and digital energy efficiency credits 370.” (Para. 0051); “Chain API (140) is an API endpoint to get blockchain transactions generated from different digital assets and other smart contracts. In various embodiments, making these transactions available through request calls may advantageously enable a callback to return information about a transaction of a specific smart contract or digital asset which holds metadata contents of meters queried from one or more associated database..” (Para. 0054); “Digital RECs may, for example, advantageously be used directly by a user for internal purposes, or be used for third-party exchange.” (Para. 0046))
As per Claim 5 and 18, Miller teaches:
The method of claim 4, wherein the generating the new quantity of second-tier tokens comprises: determining, upon consensus by the blockchain system, an asset production increase parameter; and determining the generated new quantity of second-tier tokens based on the asset production increase parameter and the total quantity of first-tier tokens. (“the rate of digital RECs 360 and digital energy efficiency credits 370 generated may often be dependent on the level of energy a given facility 101A/B is using, generating, or transmitting.” (Para. 0049); “Digital CO2e allowances 375 are carbon assets which may, by way of example and not limitation, be the result of various measures using: Measured Energy Consumption Pre-Action, Energy Reduction Action Taken, and Measured Energy Consumption Post-Action resulting in an observed and determinable measure of energy reduction that result directly from, for example, the Energy Reduction Act.” (Para. 0048); “If the CO2e intensity standards are met 550, one or more digital energy efficiency credit tokens are generated 555.” (Para. 0062))
As per Claim 6 and 19, Miller teaches:
The method of claim 3, wherein the generating the new quantity of first-tier tokens to the producer computer node comprises: receiving asset production data having been generated based on the asset production sensor data; receiving, from a trusted data source connected to the blockchain system, trusted production data; comparing the asset production data and the trusted production data to obtain a comparison result; and determining the new quantity of first-tier tokens based on the comparison result. (“The energy data transmitted to the Transport Protocols 140 and IOT/Meter Connect 160 may include device static data (e.g., device serial number, manufacturer, installer, installation date, permission to operate date, geo-location credentials (lat/long), device streaming data (power output), energy output, inverter output, etc.), or some combination thereof. In at least one example, a given metering device 105 may transmit meter power readings to the transport protocols 140 and IOT/Meter Connect 160.” (Para. 0033); “The energy market link service 235 and associated ETL tasks and lambda functions may form an important aspect of the system by combining the energy metering device data 105 with RTO/ISO physical scheduling data which proves the physical path the data electron “traveled” from the time and location of its generation to its delivery and consumption.” (Para. 0043); “For example, if an audit of a blockchain transaction indicates that certain hash values are not equivalent, then such a mismatch may be a strong indication that the transaction has been tampered with, and should therefore be marked as a suspect or invalid transaction.” (Para. 0055))
As per Claim 7 and 20, Miller teaches:
The method of claim 6, further comprising, prior to validating, upon consensus by the set of active validator computer nodes, the pending block comprising at least the indication of the generated quantity of first-tier tokens to obtain the new block in the two-tier blockchain ledger: generating, by a given node of the set of validator computer nodes, based on the asset production sensor data, the pending block for a current period. (“In the depicted method, an EGDR may be generated 405 using data, for example, from an energy generation facility. The EGDR represents a physical quantity of energy generated over a defined time period.” (Para. 0056); “In addition, the Merkle tree anchoring service 210 (which may be configured to administer various types of Merkle trees including, by way of example and not limitation, Merkle tries) stores the latest Merkle tree (or trie) root on at least one blockchain.” (Para. 0039); “The block service 220 executes aggregation operations to aggregate individual energy data records to generate a block according to a predetermined block type or block size.” (Para. 0040))
As per Claim 8 and 21, Miller teaches:
The method of claim 7, further comprising: determining a respective portion of the new generated quantity of second-tier tokens for transmission to the given node. (“The digital energy data assets 352 may, by way of example and not limitation, be stored in blockchain wallets, such as wallets for digital renewable energy data 355, digital RECs 360, digital CO2e assets or liabilities 365, digital CO2e allowances 375, and digital energy efficiency credits 370.” (Para. 0051); “The digital energy data assets may advantageously be used for rewards, fines, and trading to advantageously, verifiably, and efficiently implement energy efficiency and sustainability.” (Para. 0063); “the rate of digital RECs 360 and digital energy efficiency credits 370 generated may often be dependent on the level of energy a given facility 101A/B is using, generating, or transmitting.” (Para. 0049))
As per Claim 9 and 22, Miller teaches:
The method of claim 8, wherein the total quantity of the first tier-tokens is a total quantity of first-tier tokens for a previous period. (“In various embodiments, this anchoring service 210 may, by way of example and not limitation, run at the end of every hour or at another other appropriate predetermined or dynamic time interval(s).” (Para. 0039); “the system may request data from device 105A for 12 PM on Oct. 31, 2019, and with the hashing functionality, create an hour block of energy, that is a hash of hashes (Merkle trie).” (Para. 0040); “The EGDR represents a physical quantity of energy generated over a defined time period.” (Para. 0056))
As per Claim 10 and 23, Miller teaches:
The method of claim 9, further comprising: receiving, from the producer computer node, a request for addition to the blockchain system as a new validator computer node; and adding, upon consensus by the validator computer nodes, the producer computer node to the blockchain system as a new validator computer node. (“Dashboard 410 and Admin Dashboard 415 which may, for example, enable registrants to view and configure, respectively, registered facilities 101.” (Para. 0055); “blockchain layer 341 includes nodes 345 and validator nodes 350.” (Para. 0051); “For example, the registrant at a facility 101A may desire to use Bitcoin-type blockchain architecture, while the registrant at a facility 101B may prefer to use an Ethereum-based blockchain architecture. In this sense, various systems and methods disclosed herein may be referred to as “blockchain-agnostic.” Various embodiments may, for example, use a privately-implemented blockchain network for tracking, tracing, and attributing sustainable energy generation, transmission, and consumption that may be configured, by way of example and not limitation, with a (low-latency) proof of authority or proof of work (consensus) algorithm/node structure. Various data in the network may originate from a proprietary source.” (Para. 0052))
As per Claim 11 and 24, Miller teaches:
The method of claim 1, wherein the set of active validator computer nodes are an improper subset of the set of validator computer nodes. (“In the depicted example, blockchain layer 341 includes nodes 345 and validator nodes 350. Nodes 345 are original layers of blockchain processing. Validator nodes 350 may, for example, be third-party hosted-nodes configured to run in parallel with nodes 345 as an independent check of the nodes 345.” (Para. 0051); “Various embodiments may, for example, use a privately-implemented blockchain network for tracking, tracing, and attributing sustainable energy generation, transmission, and consumption that may be configured, by way of example and not limitation, with a (low-latency) proof of authority or proof of work (consensus) algorithm/node structure. Various data in the network may originate from a proprietary source.” (Para. 0052)
As per Claim 12 and 25, Miller teaches:
The method of claim 11, wherein: each validator computer node stores a respective wallet comprising: a respective set of cryptographic keys, a respective quantity of second-tier tokens and a respective quantity of first-tier tokens; and wherein the producer computer node stores a respective producer wallet comprising a respective set of producer cryptographic keys, the respective producer wallet for receiving the generated new quantity of first-tier tokens. (“The digital energy data assets 352 may, by way of example and not limitation, be stored in blockchain wallets, such as wallets for digital renewable energy data 355, digital RECs 360, digital CO2e assets or liabilities 365, digital CO2e allowances 375, and digital energy efficiency credits 370.” (Para. 0051); “some secret and sensitive data or other private info is stored in at least one secrets/key vault 195.” (Para. 0035); “Chain API (140) is an API endpoint to get blockchain transactions generated from different digital assets and other smart contracts. In various embodiments, making these transactions available through request calls may advantageously enable a callback to return information about a transaction of a specific smart contract or digital asset which holds metadata contents of meters queried from one or more associated database.” (Para. 0054))
As per Claim 13 and 26, Miller teaches:
The method of claim 12, wherein: the physical production data comprises at least one selected from the group of: data related to commodity production, data related to production, data related to conversion, data related to processing, data related to refinement, or data related to operation of real-world assets or asset-linked outputs; the energy conversion and derivative production data comprises at least one selected from the group of: data related to the conversion of natural resources into electricity or other forms of energy, data related to operational metrics of equipment; the operational cost and performance data comprises at least one selected from the group of: data related to maintenance logs, data related to records of equipment uptime and downtime, and data related to schedules for preventive or corrective actions; the supply chain linked data comprises at least one selected from the group of: records of the quantity and grade of raw materials extracted, data related to the throughput and yield of refineries, data related to the details of manufacturing transformation steps, data related to the creation and tracking of inventory, and data related to point-of-sale events at retail locations; and institutional production of economic value comprises at least one selected from the group of: data related to machine-readable records that document changes in the monetary base, data related to adjustments of balance sheets. (“The energy data transmitted to the Transport Protocols 140 and IOT/Meter Connect 160 may include device static data (e.g., device serial number, manufacturer, installer, installation date, permission to operate date, geo-location credentials (lat/long), device streaming data (power output), energy output, inverter output, etc.), or some combination thereof. In at least one example, a given metering device 105 may transmit meter power readings to the transport protocols 140 and IOT/Meter Connect 160.” (Para. 0033); “Monitor lambda engine 240 includes generation schedule monitor 245, which may monitor an energy generator's bid and commitment schedule and extract any new data. This may be done, for example, for the day-ahead and hour-ahead markets. Load monitor 250 may monitor load serving and load bus details and extract new data therefrom. Transaction monitor 255 may monitor a generator's internal bilateral transactions (IBT's) and transaction contracts and extracts any new data. Settlements monitor 260 may monitor load serving entities for settled meter data used for reconciliations. REC state monitor 265 may monitor RECs for any changes and alerts when changes are found.” (Para. 0042); “physical phenomena may include: quanta of natural gas extracted, consumed, refined, or transmitted; quanta of oil extracted, refined, consumed, or transmitted; quanta air quality per period of time; quanta of people on one or more sites over a period of time (e.g., as measured by one or more ‘occupancy meters’); other appropriate physical phenomena; or some combination thereof.” (Para. 007))
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US20190164236A1 (Mayne), discussing “The invention allows specific amounts of electricity generated by various producers to be identified and tagged at the point of production. Each tag is represented by a blockchain token (from here in referred to as an energy token) and can be assigned to end-users by energy distributers along with matching amounts of electricity. The energy tokens related to the units of electricity produced from the renewable sources can be purchased voluntarily by end-users as a way to transparently invest in renewable energy production and reduce their environmental footprint.” (Para. 0022).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin A. Jimenez whose telephone number is (571) 270-3080. The examiner can normally be reached on 8:30 AM - 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John W. Hayes can be reached on 571-272-6708. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Justin Jimenez/
Patent Examiner, Art Unit 3697
/JOHN W HAYES/Supervisory Patent Examiner, Art Unit 3697
Prosecution Insights