DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
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 1-2, 8-9, 11-16 and 18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Each of the claim(s) has/have been analyzed to determine whether it is directed to any judicial exceptions.
Step 2A, Prong 1
The claim(s) recite(s):
Claim 1 includes limitations directed towards "1. A method of playing a game wherein the game includes a first team and a second team wherein the method comprises the steps of: providing a field, said field being annular in shape, said field having markings thereon indicating areas of play; placing a boundary line proximate an edge of the field, wherein the boundary line is circular in shape, said boundary line indicating an area where play of the game cannot be executed; providing a target member, said target member being placed in a center of the field, said target member configured to have a ball directed thereat in order to attain points for the first team or the second team, said target member having a plurality of scoring receptacles; the target member further comprising nineteen scoring receptacles, wherein the scoring receptacles are arranged in six rows of three scoring receptacles around a central scoring receptacle and wherein the scoring receptacles within a same row are different in size; establishing a shot line around the target member, wherein a shot line is marked around the target member, said shot line being annular in shape an being circumferentially disposed around said target member; marking numerical indicia on the field, said numerical indicia being between the target member and said shot line, said numerical indica utilized in conjunction with said target member for determination of a value of a score by said first team or said second team; fielding a quantity of nine players for the first team, wherein the first team consists of nine players; fielding a quantity of nine players for the second team, wherein the second team consists of nine players; determining a team to take initial possession of the ball; commencing the game, wherein the game is initiated and played in accordance with rules thereof."
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 2 includes limitations directed towards "2. The method of playing a game wherein the game includes a first team and a second team as recited in claim 1, and further including a step of establishing a play in line, wherein the play in line is proximate the boundary line being more proximate the target member, wherein the play in line is annular in shape and parallel with said boundary line, said boundary line and said play in line having a space of five meters therebetween."
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 8 includes limitations directed towards "8. The method of playing a game wherein the game includes a first team and a second team as recited in claim 7, wherein said numerical indicia has different values and said numerical indicia are aligned with said six rows of the target member."
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 9 includes limitations directed towards "9. The method of playing a game wherein the game includes a first team and a second team as recited in claim 8, wherein the scoring receptacles of the target member have alternate values based on the size thereof."
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 11 includes limitations directed towards "11. The method of playing a game wherein the game includes a first team and a second team as recited in claim 10, and further including a step of awarding a team points for landing the ball within one of the scoring receptacles of the target member."
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 12 includes limitations directed towards "12. The method of playing a game wherein the game includes a first team and a second team as recited in claim 11, and further including a step of tracking successful engagement of the scoring receptacles with check marks on a scoreboard."
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 13 includes limitations directed towards "13. The method of playing a game wherein the game includes a first team and a second team as recited in claim 12, wherein the numerical indica have a value of one through six."
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 14 includes limitations directed towards "14. The method of playing a game wherein the game includes a first team and a second team as recited in claim 13, wherein the field has a diameter of forty-five meters."
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 15 includes limitations directed towards "15. The method of playing a game wherein the game includes a first team and a second team as recited in claim 14, and further including a step of awarding a team double points for successfully placing the ball in identified scoring receptacles."
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 16 includes limitations directed towards "16. The method of playing a game wherein the game includes a first team and a second team as recited in claim 15, and further including a step of awarding a team triple points for successfully placing the ball in identified scoring receptacles."
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Accordingly, each of the claim(s) recited above recite an abstract idea.
Further, the dependent claim(s), if present, merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they’re merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Step 2A, Prong 2
Prong Two Considerations
This/these judicial exception(s) is/are not integrated into a practical application because the examiner does not find one of the following to exist:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Furthermore, limitations that are not indicative of integration into a practical application include:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
The above-identified abstract idea in each of the claims indicated above (and their respective dependent Claims) is/are not integrated into a practical application under 2019 PEG because the additional elements, either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use. The claims indicated above (and their respective dependent claims) do not improve the functioning of a computer, or any other technology or technical field. Nor do the additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. For at least these reasons, the abstract idea identified above in the above identified claim(s) (and their respective dependent claims) is/are not integrated into a practical application under 2019 PEG.
Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Moreover, these claims are merely directed to an abstract idea wherein if computer elements are claimed they are additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. Thus, for these additional reasons, the abstract idea(s) identified above (and their respective dependent claims) is/are not integrated into a practical application under the 2019 PEG.
Accordingly, each of the claims identified above (and their respective dependent claims) are each directed to an abstract idea under 2019 PEG.
Step 2B
None of the claim(s) indicated above (or their dependents) include additional elements that are sufficient to amount to significantly more than the abstract idea for at least the following reasons.
The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. Specifically, when viewed individually, the additional elements in the claim(s) identified above (and their dependent claims) do not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment. That is, neither the general computer elements (if any are present) nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity. When viewed as a combination, these above-identified additional elements simply instruct the practitioner to implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment. As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application. As such, the above-identified additional elements, when viewed as whole, do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the Prong Two Considerations (as indicated above) are not met and the examiner does not find a specific limitation other than what is well-understood, routine, conventional activity in the field (see MPEP 2106.05(d)) to exist in the claim(s) to render the claim(s) significantly more than the abstract idea. Therefore, none of the claim(s) amount to significantly more than the abstract idea itself. Accordingly, the claim(s) indicated above (and their dependent claims) are not patent eligible and rejected under 35 U.S.C. 101 as being directed to abstract ideas in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. V. CLS Bank International, et al. and 2019 PEG.
Response to Arguments
The applicant argues that the newly amended claims limitations place the limitations outside of an abstract idea. However, as indicated in the rejection above the limitations are still considered abstract. Limitations such as playing a game, providing a field, placing boundary lines etc… are all directed towards the organization of human behavior and human activity. The claim amendments are not seen to place the claim limitations into a practical application or significantly more than the abstract idea.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JEFFREY S VANDERVEEN/Examiner, Art Unit 3711