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 .
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 1-19 and 21 are rejected under 35 USC § 101 because the claimed invention is directed to non-statutory subject matter.
Step 1: Statutory Category
Analysis:
The claim is directed to “a method for sports betting … This is a method of organizing human activity - a statutory category under 35 U.S.C. § 101.
Conclusion:Statutory method of organizing human activity.
Step 2A, Prong One: Judicial Exception (Abstract Idea)
Analysis:The recited steps, performed by executing instructions, are:
causing display of information associated with a plurality of sports competitions;
receiving a selection of one or more sports competitions of the plurality of sports competitions;
receiving a request for one or more teaser bets associated with the one or more sports competitions;
causing, based on the request for the one or more teaser bets, display of a point spread line comprising an interactive element, wherein each position of a plurality of positions along the point spread line is associated with a respective point value of a plurality of point values;
causing, based on an interaction with the interactive element, the interactive element to move to a position of the plurality of positions; and
associating, based on the interactive element moving to the position, betting information indicative of the respective point value associated with the position with the one or more sports competitions.
These are fundamentally:
Requesting teaser bets
Game rules
Choosing of information associated with sports competition
Moving point spreads
Associating betting information
Such activities are abstract ideas under USPTO guidance and case law (e.g., Alice, Electric Power Group, etc.), particularly when implemented on generic computers for economic or organizational purposes.
Conclusion:
The claim recites an abstract idea: organizing human activity (betting information/ game rules), information processing, and user interaction.
Step 2A, Prong Two: Integration into a Practical Application
Analysis:The claim is implemented via generic computer-readable media and processor instructions.
The steps involve conventional wagering game (causing, receiving and associating).
There is no indication of a technological improvement or a technical solution to a technical problem.
The claim does not recite a specific or unconventional way of improving the display technology.
Conclusion:
The claim is not integrated into a practical application that improves computer technology or another technical field. It is a generic computer implementation of an abstract idea.
Step 2B: Inventive Concept
Analysis:
The claim recites conventional steps for providing a wagering game: causing display, receiving a request, interactive element and moving lines.
The use of interaction with an interactive element.
No element or combination provides a technical improvement or “significantly more” than the abstract idea itself.
Conclusion:The claim lacks an inventive concept that would transform the abstract idea into patent-eligible subject matter.
Summary Table
Step
Analysis
Conclusion
1
Statutory method of organizing human activity
Yes
2A(1)
Abstract idea?
Yes (betting information/game rules)
2A(2)
Practical application?
No (generic computer implementation)
2B
Inventive concept?
No (routine, conventional steps)
Bottom Line
The claim is likely NOT patent-eligible under § 101 because it is directed to an abstract idea (betting/wagering, information processing, and user interaction), is not integrated into a practical application, and lacks an inventive concept beyond generic computer implementation.
Response to Arguments
Applicant’s arguments, see pre-appeal brief conference request, filed on 02/06/26, with respect to the mental process have been fully considered and are persuasive. However, the claims now fall within the “Method of organizing human activity.” As far as the alleged judicial exception into a practical application, Applicant argues that the instant application identifies the area for improvement reciting "limited point spread options for bets and an overall knowledge gap relating to sports betting for novice users (e.g., bettors, etc.) deter users from engaging in sports betting and furthermore the claims define a particular interactive graphical control (specifically a point spread line comprising an interactive element having discrete positions mapped to respective point
values) wherein user interaction with the interactive element directly controls the automatic association of betting information across one or more sports competitions. The claims do not appear to improve how computer functions, improve processing efficiency and display rendering technology
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD LANEAU whose telephone number is (571)272-6784. The examiner can normally be reached on Mon-Thu 6-4:30 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David L Lewis can be reached on 5712727673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ronald Laneau/
Primary Examiner, Art Unit 3715