DETAILED ACTION
Acknowledgements
Claims 1-6 are pending.
Claims 1-6 have been 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 .
Specification Objections
The disclosure is objected to because of the following:
Specification page 48 lines 27 discloses “...for the following 15 embodiments, with corresponding reference numbers 103-117 and associated titles.” However, the “reference numbers 103-117” is not referenced in the embodiment. For example, on page 48 line 31 discloses “A first embodiment includes embodiment number 144...”, on page 50 line 3 discloses “A second embodiment includes embodiment number 145...”... Furthermore, the specification disclosed 10 embodiments as opposed to 15.
Appropriate correction is required.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994)
The disclosure of the prior-filed applications, Application No. 19/420,243, 18/397,141 and 63/435,801, fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Independent claim 1 recites:
1. A computerized method for processing data between intercommunicating software in memory, the method comprises:
executing, by a processor, terms software from a first memory causing the processor to generate baseline terms associated with an inactive name-image-likeness (NIL)-contingent instrument for subsequent inclusion in a contingency-action token (CAT) formatted for immutable memorialization on a set of one or more secure exchanges that utilize a corresponding set of object distributed ledgers, the baseline terms including:
an inactive NIL-contingent instrument identifier (ID) for the inactive NIL-contingent instrument,
a transition date when a status indicator of the inactive NIL-contingent instrument is to transition to indicate activation of the inactive NIL-contingent instrument to produce an active NIL-contingent instrument,
an outcome provider ID,
an obligation that is provided by an obligation provider ID to an obligation recipient ID in accordance with obligation requirements,
a triggered outcome level of a triggered outcome provided by the outcome provider ID to an outcome recipient ID in accordance with contingent outcome rules and an obligation status, wherein a positive obligation status indicates that the obligation has historically been provided in accordance with the obligation requirements, wherein a contingency status indicates whether the triggered outcome has been triggered at a triggered outcome timeframe for a contingency entity ID in accordance with the contingent outcome rules,
an NIL profile associated with the contingency entity ID including two or more of an age, a birthdate value, a gender indicator, a geographic location affiliation, a lifestyle descriptor, a DNA record, a medical history record, a past performance record, estimated future performance, and required performance metrics associated with the triggered outcome;
...
In reviewing the disclosure of parent application 19/420,243, the limitation of "executing, by a processor, terms software from a first memory causing the processor to generate baseline terms associated with an inactive name-image-likeness (NIL)-contingent instrument for subsequent inclusion in a contingency-action token (CAT)...” do not have adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph as the parent application at paragraphs abs, ¶¶0324-325, ¶0397, ¶0419, ¶0431 and ¶0455 only teach longevity-contingent instrument and provide no teaching regarding “name-image-likeness (NIL)-contingent instrument” Therefore priority will only be extended on these limitations to the filing date of the instant application.
Similarly, parent applications 18/397,141 and 63/435,801 are silent regarding “name-image-likeness (NIL)-contingent instrument”.
Therefore, the disclosure in the parent applications do not appear to provide support for the claims of the present invention and they are not entitled to the benefit of the filing date of the parent applications.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 12,511,351 in view of “How Does NIL Affect College Sports Insurance?” (“A-G”). Although the claims at issue are not identical, they are not patentably distinct from each other. Below is the claims comparison table.
19/663,855
U.S. Patent No. 12,511,351
1. A computerized method for processing data between intercommunicating software in memory, the method comprises:
executing, by a processor, terms software from a first memory causing the processor to generate baseline terms associated with an inactive name-image-likeness (NIL)-contingent instrument for subsequent inclusion in a contingency-action token (CAT) formatted for immutable memorialization on a set of one or more secure exchanges that utilize a corresponding set of object distributed ledgers, the baseline terms including:
an inactive NIL-contingent instrument identifier (ID) for the inactive NIL-contingent instrument,
a transition date when a status indicator of the inactive NIL-contingent instrument is to transition to indicate activation of the inactive NIL-contingent instrument to produce an active NIL-contingent instrument,
an outcome provider ID,
an obligation that is provided by an obligation provider ID to an obligation recipient ID in accordance with obligation requirements,
a triggered outcome level of a triggered outcome provided by the outcome provider ID to an outcome recipient ID in accordance with contingent outcome rules and an obligation status, wherein a positive obligation status indicates that the obligation has historically been provided in accordance with the obligation requirements, wherein a contingency status indicates whether the triggered outcome has been triggered at a triggered outcome timeframe for a contingency entity ID in accordance with the contingent outcome rules,
an NIL profile associated with the contingency entity ID including two or more of an age, a birthdate value, a gender indicator, a geographic location affiliation, a lifestyle descriptor, a DNA record, a medical history record, a past performance record, estimated future performance, and required performance metrics associated with the triggered outcome;
executing, by the processor, CAT structure software from a second memory to facilitate intercommunication between the terms software and the CAT structure software to establish CAT content to include the baseline terms, an availability status indicating an available status level, and a calculated cryptographic token value of the CAT;
storing, by the processor, the CAT content within a database into sections corresponding to ranges of the triggered outcome level;
executing, by the processor, alignment software from a third memory causing the processor to identify from a given section of the triggered outcome level within the database that aligns with a triggered outcome level objective of a selected secure exchange of the set of one or more secure exchanges; and
executing, by the processor, block generation software from a fourth memory to facilitate intercommunication between the alignment software and the block generation software to generate a new block affiliated with the CAT via a blockchain of an object distributed ledger of the set of object distributed ledgers corresponding to the selected secure exchange, wherein the new block includes the CAT content to be utilized in a subsequent operation to transfer control of the CAT, wherein only a device possessing control over the CAT may modify the CAT.
1. A computerized method for processing data between intercommunicating software in memory, the method comprises:
executing, by a processor, terms software from a first memory causing the processor to generate, in accordance with a securely passing process, baseline content and terms of use associated with a longevity-contingent instrument for subsequent inclusion in a contingency-action token (CAT) for one or more secure exchanges of a set of secure exchanges that utilizes a set of object distributed ledgers, wherein the baseline content includes
an obligation provider identifier (ID) and an outcome recipient ID, wherein the obligation provider ID is associated with providing of an obligation tied to an obligation recipient ID in accordance with obligation requirements, wherein the outcome recipient ID is associated with a result of a triggered outcome tied to an outcome provider ID in accordance with contingent outcome rules and an obligation status, wherein a positive obligation status indicates that the obligation has historically been provided in accordance with the obligation requirements, wherein a contingency status indicates whether the triggered outcome has been triggered for a contingency entity identifier in accordance with the contingent outcome rules, wherein the terms of use includes a royalty component associated with utilization of the longevity-contingent instrument within a longevity-contingent instrument secondary market;
executing, by the processor, approval software from a second memory to facilitate intercommunication between the terms software and the approval software to obtain, in accordance with the securely passing process, approval with regards to availability status of the longevity-contingent instrument for one of a life insurance investment and a life settlement investment utilization;
executing, by the processor, CAT structure software from a third memory to facilitate intercommunication between the approval software and the CAT structure software to establish, in accordance with the securely passing process, CAT content to include the baseline content, the terms of use, the availability status, and a calculated cryptographic token value of the CAT;
storing, by the processor, the CAT content within a database into sections corresponding to ranges of the terms of use;
executing, by the processor, alignment software from a fourth memory causing the processor to identify from a given section of the ranges of terms of use within the database that aligns with a terms of use objective of a selected secure exchange of the set of secure exchanges; and
executing, by the processor, block generation software from a fifth memory to facilitate intercommunication between the alignment software and the block generation software to generate, in accordance with the securely passing process, a new block affiliated with the CAT via a blockchain of an object distributed ledger of the set of object distributed ledgers corresponding to the selected secure exchange, wherein the new block includes the CAT content to be utilized in a subsequent operation of the securely passing process to transfer control of the CAT from the outcome recipient ID to a new outcome recipient ID, wherein only a device possessing control over the CAT may modify the CAT.
2. The method of claim 1, wherein the processor functions to execute the terms software to cause the processor to generate the baseline terms by:
extracting, from a request to generate a token with regards to the NIL-contingent instrument, one or more of the contingency entity ID, the outcome provider ID, a value of a result of the triggered outcome, the obligation requirements, the obligation recipient ID, the NIL profile, and further terms of use, wherein the further terms of use include one or more of a fee value to obtain control of the CAT and an identifier of a fee recipient;
verifying with an accreditation authority computing device, validity of the baseline terms; and
identifying an approval for the availability status indicating the available status level.
2. The method of claim 1, wherein the processing module functions to execute the terms software to cause the processor to generate the baseline content and terms of use by:
extracting, from a request to generate a token with regards to the longevity-contingent instrument, one or more of the contingency entity ID, the outcome provider ID, a value of the result of the triggered outcome, the obligation requirements, the obligation recipient ID, and the terms of use, wherein the terms of use include one or more of a fee value per transaction, another fee value per timeframe of use, and an identifier of a fee recipient;
verifying with an accreditation authority computing device, validity of the baseline content; and
identifying an approval for the CAT.
3. The method of claim 2, wherein the processor functions to execute the terms software to cause the processor to verify the validity of the baseline terms by:
identifying the accreditation authority computing device based on a first identified corresponding accreditation authority associated with the obligation recipient ID;
obtaining baseline validation information from the accreditation authority computing device for the baseline terms; and
indicating that the baseline terms is valid when the baseline validation information is substantially the same as the baseline terms.
3. The method of claim 2, wherein the processing module functions to execute the terms software to cause the processor to verify the validity of the baseline content by:
identifying the accreditation authority computing device based on a first identified corresponding accreditation authority associated with the obligation recipient ID;
obtaining baseline validation information from the accreditation authority computing device for the baseline content; and
indicating that the baseline content is valid when the baseline validation information is substantially the same as the baseline content.
4. The method of claim 1, wherein the processor functions to execute approval software from a fifth memory to cause the processor to obtain an approval with regards to the availability status of the NIL-contingent instrument by:
identifying the availability status based on one or more of the baseline terms, further terms of use, and a user input with regards to disposition of the NIL-contingent instrument, wherein the disposition of the NIL-contingent instrument includes idling without a utilization as the inactive NIL-contingent and active utilization of the NIL-contingent instrument, wherein the availability status includes at least two of: unavailable prior to the transition date, available after the transition date for active utilization, and available prior to the transition date for exchange.
4. The method of claim 1, wherein the processing module functions to execute the approval software to cause the processor to obtain the approval with regards to the availability status of the longevity-contingent instrument for one of the life insurance investment and the life settlement investment utilization by:
identifying the availability status based on one or more of the baseline content, the terms of use, and a user input with regards to disposition of the longevity-contingent instrument, wherein the disposition of the longevity-contingent instrument includes idling without a utilization, a life settlement utilization, and the life insurance investment utilization, wherein the availability status includes at least two of: unavailable, available within a first timeframe for a set of utilizations, and available within a second timeframe for a second set of utilizations; and
interpreting the availability status to produce an exposure level, wherein the exposure level includes one of hidden without exposure, a private portion of the object distributed ledger, and a public portion of the object distributed ledger.
5. The method of claim 1, wherein the processor functions to execute the CAT structure software to cause the processor to establish the CAT content by:
identifying a priority portion of the CAT to include:
the contingency entity ID,
the transition date,
the obligation provider ID,
the obligation, and
the triggered outcome level;
generating a nonce utilizing a cryptographic function and based on the obligation provider ID and a current timestamp; and
determining the calculated cryptographic token value for the priority portion of the CAT.
5. The method of claim 1, wherein the processing module functions to execute the CAT structure software to cause the processor to establish the CAT content by:
identifying a priority portion of the CAT to include:
the terms of use,
the obligation provider identifier, and
the outcome recipient identifier;
generating a nonce utilizing a cryptographic function and based on the outcome recipient identifier and a current timestamp; and
determining the calculated cryptographic token value for the priority portion of the CAT.
6. The method of claim 1, wherein the processor functions to execute the block generation software to cause the processor to generate the new block affiliated with the CAT via the blockchain of the object distributed ledger by:
determining whether to indirectly or directly update the object distributed ledger;
when indirectly updating the object distributed ledger:
issuing a blockchain update request to an object ledger computing device serving as a blockchain node of the object distributed ledger, wherein the blockchain update request includes the CAT content; and
when directly updating the object distributed ledger:
obtaining a copy of the object distributed ledger,
hashing the CAT content utilizing a receiving public key of the object distributed ledger to produce a next transaction hash value,
encrypting the next transaction hash value utilizing a private key of the processor to produce a next transaction signature,
generating a next block of the other blockchain of the object distributed ledger to include the CAT content and the next transaction signature, and
causing inclusion of the next block as the new block in the object distributed ledger.
6. The method of claim 1, wherein the processing module functions to execute the block generation software to cause the processor to generate the new block affiliated with the CAT via the blockchain of the object distributed ledger by:
determining whether to indirectly or directly update the object distributed ledger;
when indirectly updating the object distributed ledger:
issuing a blockchain update request to an object ledger computing device serving as a blockchain node of the object distributed ledger, wherein the blockchain update request includes the CAT content; and
when directly updating the object distributed ledger:
obtaining a copy of the object distributed ledger,
hashing the CAT content utilizing a receiving public key of the object distributed ledger to produce a next transaction hash value,
encrypting the next transaction hash value utilizing a private key of the processor to produce a next transaction signature,
generating a next block of the other blockchain of the object distributed ledger to include the CAT content and the next transaction signature, and
causing inclusion of the next block as the new block in the object distributed ledger.
U.S. Patent No. 12,511,351 does not disclose explicitly:
name-image-likeness (NIL)
However, A-G discloses:
name-image-likeness (NIL) (page 2, 1st para)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12,511,351 by including support for NIL in accordance with the teaching of A-G. This modification allows combined system to provide NIL based risk management.
Claims 1-6 are also rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of co-pending application 19/420,243 in view of “How Does NIL Affect College Sports Insurance?” (“A-G”). Although the claims at issue are not identical, they are not patentably distinct from each other. Below is the claims comparison table.
19/663,855
Co-pending application 19/420,243
1. A computerized method for processing data between intercommunicating software in memory, the method comprises:
executing, by a processor, terms software from a first memory causing the processor to generate baseline terms associated with an inactive name-image-likeness (NIL)-contingent instrument for subsequent inclusion in a contingency-action token (CAT) formatted for immutable memorialization on a set of one or more secure exchanges that utilize a corresponding set of object distributed ledgers, the baseline terms including:
an inactive NIL-contingent instrument identifier (ID) for the inactive NIL-contingent instrument,
a transition date when a status indicator of the inactive NIL-contingent instrument is to transition to indicate activation of the inactive NIL-contingent instrument to produce an active NIL-contingent instrument,
an outcome provider ID,
an obligation that is provided by an obligation provider ID to an obligation recipient ID in accordance with obligation requirements,
a triggered outcome level of a triggered outcome provided by the outcome provider ID to an outcome recipient ID in accordance with contingent outcome rules and an obligation status, wherein a positive obligation status indicates that the obligation has historically been provided in accordance with the obligation requirements, wherein a contingency status indicates whether the triggered outcome has been triggered at a triggered outcome timeframe for a contingency entity ID in accordance with the contingent outcome rules,
an NIL profile associated with the contingency entity ID including two or more of an age, a birthdate value, a gender indicator, a geographic location affiliation, a lifestyle descriptor, a DNA record, a medical history record, a past performance record, estimated future performance, and required performance metrics associated with the triggered outcome;
executing, by the processor, CAT structure software from a second memory to facilitate intercommunication between the terms software and the CAT structure software to establish CAT content to include the baseline terms, an availability status indicating an available status level, and a calculated cryptographic token value of the CAT;
storing, by the processor, the CAT content within a database into sections corresponding to ranges of the triggered outcome level;
executing, by the processor, alignment software from a third memory causing the processor to identify from a given section of the triggered outcome level within the database that aligns with a triggered outcome level objective of a selected secure exchange of the set of one or more secure exchanges; and
executing, by the processor, block generation software from a fourth memory to facilitate intercommunication between the alignment software and the block generation software to generate a new block affiliated with the CAT via a blockchain of an object distributed ledger of the set of object distributed ledgers corresponding to the selected secure exchange, wherein the new block includes the CAT content to be utilized in a subsequent operation to transfer control of the CAT, wherein only a device possessing control over the CAT may modify the CAT.
1. A computerized method for processing data between intercommunicating software in memory, the method comprises:
executing, by a processor, terms software from a first memory causing the processor to generate baseline terms associated with an inactive longevity-contingent instrument for subsequent inclusion in a contingency-action token (CAT) formatted for immutable memorialization on a set of one or more secure exchanges that utilize a corresponding set of object distributed ledgers, the baseline terms including:
an inactive longevity-contingent instrument identifier (ID),
a transition date when a status indicator of the inactive longevity-contingent instrument is to transition to indicate activation of the inactive longevity-contingent instrument to produce an active longevity-contingent instrument,
an outcome provider ID,
an obligation that is provided by an obligation provider ID to an obligation recipient ID in accordance with obligation requirements, and
a triggered outcome level of a triggered outcome provided by the outcome provider ID to an outcome recipient ID in accordance with contingent outcome rules and an obligation status, wherein a positive obligation status indicates that the obligation has historically been provided in accordance with the obligation requirements, wherein a contingency status indicates whether the triggered outcome has been triggered at a triggered outcome timeframe for a contingency entity ID in accordance with the contingent outcome rules;
executing, by the processor, CAT structure software from a second memory to facilitate intercommunication between the terms software and the CAT structure software to establish CAT content to include the baseline terms, an availability status indicating an available status level, and a calculated cryptographic token value of the CAT;
storing, by the processor, the CAT content within a database into sections corresponding to ranges of the triggered outcome level;
executing, by the processor, alignment software from a third memory causing the processor to identify from a given section of the triggered outcome level within the database that aligns with a triggered outcome level objective of a selected secure exchange of the set of one or more secure exchanges; and
executing, by the processor, block generation software from a fourth memory to facilitate intercommunication between the alignment software and the block generation software to generate a new block affiliated with the CAT via a blockchain of an object distributed ledger of the set of object distributed ledgers corresponding to the selected secure exchange, wherein the new block includes the CAT content to be utilized in a subsequent operation to transfer control of the CAT, wherein only a device possessing control over the CAT may modify the CAT.
2. The method of claim 1, wherein the processor functions to execute the terms software to cause the processor to generate the baseline terms by:
extracting, from a request to generate a token with regards to the NIL-contingent instrument, one or more of the contingency entity ID, the outcome provider ID, a value of a result of the triggered outcome, the obligation requirements, the obligation recipient ID, the NIL profile, and further terms of use, wherein the further terms of use include one or more of a fee value to obtain control of the CAT and an identifier of a fee recipient;
verifying with an accreditation authority computing device, validity of the baseline terms; and
identifying an approval for the availability status indicating the available status level.
2. The method of claim 1, wherein the processor functions to execute the terms software to cause the processor to generate the baseline terms by:
extracting, from a request to generate a token with regards to the longevity-contingent instrument, one or more of the contingency entity ID, the outcome provider ID, a value of a result of the triggered outcome, the obligation requirements, the obligation recipient ID, and further terms of use, wherein the further terms of use include one or more of a fee value to obtain control of the CAT and an identifier of a fee recipient;
verifying with an accreditation authority computing device, validity of the baseline terms; and
identifying an approval for the availability status indicating the available status level.
3. The method of claim 2, wherein the processor functions to execute the terms software to cause the processor to verify the validity of the baseline terms by:
identifying the accreditation authority computing device based on a first identified corresponding accreditation authority associated with the obligation recipient ID;
obtaining baseline validation information from the accreditation authority computing device for the baseline terms; and
indicating that the baseline terms is valid when the baseline validation information is substantially the same as the baseline terms.
3. The method of claim 2, wherein the processor functions to execute the terms software to cause the processor to verify the validity of the baseline terms by:
identifying the accreditation authority computing device based on a first identified corresponding accreditation authority associated with the obligation recipient ID;
obtaining baseline validation information from the accreditation authority computing device for the baseline terms; and
indicating that the baseline terms is valid when the baseline validation information is substantially the same as the baseline terms.
4. The method of claim 1, wherein the processor functions to execute approval software from a fifth memory to cause the processor to obtain an approval with regards to the availability status of the NIL-contingent instrument by:
identifying the availability status based on one or more of the baseline terms, further terms of use, and a user input with regards to disposition of the NIL-contingent instrument, wherein the disposition of the NIL-contingent instrument includes idling without a utilization as the inactive NIL-contingent and active utilization of the NIL-contingent instrument, wherein the availability status includes at least two of: unavailable prior to the transition date, available after the transition date for active utilization, and available prior to the transition date for exchange.
4. The method of claim 1, wherein the processor functions to execute approval software from a fifth memory to cause the processor to obtain an approval with regards to the availability status of the longevity-contingent instrument by:
identifying the availability status based on one or more of the baseline terms, further terms of use, and a user input with regards to disposition of the longevity-contingent instrument, wherein the disposition of the longevity-contingent instrument includes idling without a utilization as the inactive longevity-contingent instrument and a life insurance utilization as the inactive longevity-contingent instrument, wherein the availability status includes at least two of: unavailable prior to the transition date, available after the transition date for life insurance utilization, and available prior to the transition date for exchange.
5. The method of claim 1, wherein the processor functions to execute the CAT structure software to cause the processor to establish the CAT content by:
identifying a priority portion of the CAT to include:
the contingency entity ID,
the transition date,
the obligation provider ID,
the obligation, and
the triggered outcome level;
generating a nonce utilizing a cryptographic function and based on the obligation provider ID and a current timestamp; and
determining the calculated cryptographic token value for the priority portion of the CAT.
5. The method of claim 1, wherein the processor functions to execute the CAT structure software to cause the processor to establish the CAT content by:
identifying a priority portion of the CAT to include:
the transition date,
the obligation provider ID,
the obligation, and
the triggered outcome level;
generating a nonce utilizing a cryptographic function and based on the obligation provider ID and a current timestamp; and
determining the calculated cryptographic token value for the priority portion of the CAT.
6. The method of claim 1, wherein the processor functions to execute the block generation software to cause the processor to generate the new block affiliated with the CAT via the blockchain of the object distributed ledger by:
determining whether to indirectly or directly update the object distributed ledger;
when indirectly updating the object distributed ledger:
issuing a blockchain update request to an object ledger computing device serving as a blockchain node of the object distributed ledger, wherein the blockchain update request includes the CAT content; and
when directly updating the object distributed ledger:
obtaining a copy of the object distributed ledger,
hashing the CAT content utilizing a receiving public key of the object distributed ledger to produce a next transaction hash value,
encrypting the next transaction hash value utilizing a private key of the processor to produce a next transaction signature,
generating a next block of the other blockchain of the object distributed ledger to include the CAT content and the next transaction signature, and
causing inclusion of the next block as the new block in the object distributed ledger.
6. The method of claim 1, wherein the processor functions to execute the block generation software to cause the processor to generate the new block affiliated with the CAT via the blockchain of the object distributed ledger by:
determining whether to indirectly or directly update the object distributed ledger;
when indirectly updating the object distributed ledger:
issuing a blockchain update request to an object ledger computing device serving as a blockchain node of the object distributed ledger, wherein the blockchain update request includes the CAT content; and
when directly updating the object distributed ledger:
obtaining a copy of the object distributed ledger,
hashing the CAT content utilizing a receiving public key of the object distributed ledger to produce a next transaction hash value,
encrypting the next transaction hash value utilizing a private key of the processor to produce a next transaction signature,
generating a next block of the other blockchain of the object distributed ledger to include the CAT content and the next transaction signature, and
causing inclusion of the next block as the new block in the object distributed ledger.
Co-pending application 19/420,243 does not disclose explicitly:
name-image-likeness (NIL)
However, A-G discloses:
name-image-likeness (NIL) (page 2, 1st para)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify co-pending application 19/420,243 by including support for NIL in accordance with the teaching of A-G. This modification allows combined system to provide NIL based risk management.
Claim Rejections - 35 USC §101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Analysis
In the instant case, claims 1-6 are directed to a method. Therefore, these claims fall within the four statutory categories of invention.
The claim(s) recite(s) establishing a NIL-contingent instrument. Specifically, the claims recite “executing, by a [processor], terms software from a first [memory] causing the [processor] to generate baseline terms associated with an inactive name-image-likeness (NIL)-contingent instrument for subsequent inclusion in a contingency-action token (CAT) formatted for immutable memorialization on a set of one or more secure exchanges that utilize a corresponding set of object [distributed ledgers], the baseline terms including: an inactive NIL-contingent instrument identifier (ID) for the inactive NIL-contingent instrument, a transition date when a status indicator of the inactive NIL-contingent instrument is to transition to indicate activation of the inactive NIL-contingent instrument to produce an active NIL-contingent instrument, an outcome provider ID, an obligation that is provided by an obligation provider ID to an obligation recipient ID in accordance with obligation requirements, a triggered outcome level of a triggered outcome provided by the outcome provider ID to an outcome recipient ID in accordance with contingent outcome rules and an obligation status, wherein a positive obligation status indicates that the obligation has historically been provided in accordance with the obligation requirements, wherein a contingency status indicates whether the triggered outcome has been triggered at a triggered outcome timeframe for a contingency entity ID in accordance with the contingent outcome rules, an NIL profile associated with the contingency entity ID including two or more of an age, a birthdate value, a gender indicator, a geographic location affiliation, a lifestyle descriptor, a DNA record, a medical history record, a past performance record, estimated future performance, and required performance metrics associated with the triggered outcome; executing, by the [processor], CAT structure software from a second [memory] to facilitate intercommunication between the terms software and the CAT structure software to establish CAT content to include the baseline terms, an availability status indicating an available status level, and a calculated cryptographic token value of the CAT; storing, by the [processor], the CAT content within a [database] into sections corresponding to ranges of the triggered outcome level; executing, by the [processor], alignment software from a third [memory] causing the [processor] to identify from a given section of the triggered outcome level within the [database] that aligns with a triggered outcome level objective of a selected secure exchange of the set of one or more secure exchanges; and executing, by the [processor], block generation software from a fourth [memory] to facilitate intercommunication between the alignment software and the block generation software to generate a new block affiliated with the CAT via a [blockchain] of an object [distributed ledger] of the set of object [distributed ledgers] corresponding to the selected secure exchange, wherein the new block includes the CAT content to be utilized in a subsequent operation to transfer control of the CAT, wherein only a [device] possessing control over the CAT may modify the CAT.…”, which is “fundamental economic principles or practices” within the “certain methods of organizing human activity” grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See MPEP 2106) because the claims involve a series of steps for establishing a NIL-contingent instrument. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See MPEP 2106), the additional element(s) of the claim(s) such as the use of processor, memories, database, distributed ledgers, blockchain and device merely use(s) a computer as a tool to perform an abstract idea. The processors and memories are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of establishing a NIL-contingent instrument) such that it amounts no more than mere instructions to apply the exception using a generic computer components. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using processor, memories, database, distributed ledgers, blockchain and device to perform transaction processing steps amounts to no more than mere instructions to apply the exception using a generic computer components. Mere instructions to apply an exception using a generic computer components cannot provide an inventive concept. The claim is not patent eligible.
Dependent claim 2 describes baseline terms generation. Dependent claim 3 describes baseline terms verification. Dependent claim 4 describes obtaining approval of availability status of the NIL-contingent instrument. These claims further recite the abstract idea of certain methods of organizing human activity. This judicial exception is not integrated into a practical application because the additional element(s) of the claim(s) such as the use of processor, memories, database, distributed ledgers, blockchain and device merely use(s) a computer as a tool to perform an abstract idea. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claims are not patent eligible.
Dependent claim 5 describes establishing CAT content. These claims further recite the abstract idea of certain methods of organizing human activity. This judicial exception is not integrated into a practical application because the additional element(s) of the claim(s) such as the use of processor, memories, database, distributed ledgers, blockchain, device and cryptographic function merely use(s) a computer as a tool to perform an abstract idea. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claims are not patent eligible.
Dependent claim 6 describes new block generation. The claims further recite the abstract idea of certain methods of organizing human activity. This judicial exception is not integrated into a practical application because the additional element(s) of the claim(s) such as the use of processor, memories, database, distributed ledgers, blockchain, device, public key and private key merely use(s) a computer as a tool to perform an abstract idea. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claims are not patent eligible.
Viewed as a whole, the combination of elements recited in the claims simply recite the concept of establishing a NIL-contingent instrument. The claims do not, for example, purport to improve the functioning of the computer itself. Nor do they affect improvement in any other technology or technical field.
The use of a processor, memories, database, distributed ledgers, blockchain, device, public key, private key and cryptographic function as tools to implement the abstract idea does not render the claim patent eligible because it does not provide meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment and requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea.
Allowable Subject Matter
Claims 1-6 would be allowable if the claims overcome the 101 and double patent rejections set forth in this Office action. The reason for allowance will be furnished upon allowance of the application.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20210374861A1 (“McClelland”) discloses A system and method of operating a peer-to-peer retirement savings system (Tontine System) providing lifetime incomes and longevity insurance in a more efficient manner than traditional systems and which can remain always-fully-funded due to ongoing automatic correction of the input data risk (such as longevity projections, mortality detection, investment return rates, etc) and wherein the system can be trusted more than traditional systems helped by the fact that the characteristics (but not necessarily the identities) of the Tontine System members (Tontine Members) and the underlying asset ledgers and other transaction ledgers (as well as the logic by which executable operations can be triggered) can be made publicly visible in a secured and immutable system so as to allow independent analysts and other interested parties to audit past & projected returns.
US US10713722B2 (“Gordon, et al.”) discloses Systems and methods for offering and purchasing tokenized securities on a blockchain platform meeting current and future federal, state, and offering and holding entity rules and regulations. Tokenized securities purchased during or after the tokenized securities offering are tradable on a secondary market. The server computer of the tokenized securities provides an automated transfer capability for tokenized securities holders
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/YINGYING ZHOU/Primary Examiner, Art Unit 3697
