DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/18/2026 has been entered.
Status of Claims
Claims 1 – 20 remains pending.
Claims 1, 5 - 7, 13 - 15, 19 and 20 have been amended
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.
Claim(s) 1 -7 and 10 – 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sullivan et al (US 2018/0221774) in view of Azuolas et al (US 20200162796) in view of Schwartz (2022/0215719).
As per claim 1, Sullivan discloses a video game streaming system:
a processor; and (Sullivan discloses a hosting service comprising servers that further comprise a processor) (Sullivan 0017)
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: (Sullivan discloses a hosting service comprising servers that further comprise memory) (Sullivan 0017)
receive, from a streaming device, video data associated with a play of a … game associated with the streaming device, (Sullivan discloses a client devices receiving video game data and voice chat data from the hosting service streaming the data) (Sullivan 0067 – 72)
encode the chat data associated with the chat message with the video data associated with the play of the … game, and (Sullivan discloses the #902 encoding the video game data and the voice chat data) (Sullivan 0072, 0074)
communicate, to a client device, consolidated data associated with a live stream comprising the video data and the chat data. (Sullivan discloses the communicating of the mixed audio and video game data to the client devices) (Sullivan 0073, 0074)
Sullivan fails to disclose specifically that the game is a wagering game occurring at and being displayed by a display device of an electronic gaming machine
Or
“separately receive, from the streaming device, chat data associated with a chat message originating with the streaming device,
However, in a similar field of endeavor, Schwartz discloses a betting system that enables players at a gaming machine such as a slot machine to stream their games that are being displayed to those that would like to watch the game being played at a casino (Schwartz 0061)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Sullivan in view of Schwartz in order to use a known technique to improve similar devices in the same way to specify that the live streamed game is a wagering that is displayed upon a display of a gaming machine as this would provide a way for users to stay engaged in the live streamed game as they would have a vested interest in seeing how their bet was resolved based upon the results of the game. Schwartz specifically teaches “Further, game developers and casino operators may also experience benefits from live streaming. For example, game popularity of a wagering game may be increased through the additional exposure of game play to others via the streaming, thus boosting overall interest in the wagering game. Such increased exposure and interest may cause more players to visit casinos offering that wagering game, or may cause streaming players to play for longer (e.g., to continue their streams when the streaming player has numerous viewers). (Schwartz 0061).
In a similar field of endeavor, Azuolas discloses a live streaming system wherein a broadcast streamer transmits to the streaming system the live stream video data and commentary data (i.e. chat data) that is then combined or integrated into a single stream and transmitted to the viewers (Azuolas 0244, 0255).
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Sullivan in view of Azuolas to combine chat data related to chat messages along with separately received live stream video and integrated or encode the separate data together for a single transmission as this would ensure that livestream event and live stream chats and commentaries are synchronized for cohesive viewing by the viewers.
As per claim 2, wherein the chat data associated with the chat message is automatically generated responsive to a chat message generation event. (Combination of Sullivan in view of Schwartz as applied above wherein players transmit chat messages and the host system encodes and transmits them to the client) (Sullivan 0067 – 0071)
As per claim 3, wherein the chat message generation event occurs in association with the play of the wagering game. (Combination of Sullivan in view of Schwartz as applied above wherein players transmit chat messages in association with the play of the game) (Sullivan 0067 – 0071)
As per claim 4, wherein the chat message generation event occurs independent of the play of the wagering game. (Combination of Sullivan in view of Schwartz as applied above wherein players transmit chat messages in association with the play of the game) (Sullivan 0067 – 0071)
As per claim 5, wherein the streaming device comprises a slot machine interface board. (Combination of Sullivan in view of Schwartz) (Sullivan 0066) (Schwartz 0061)
As per claim 6, wherein the client device comprises one of another electronic gaming machine and a personal gaming device. (Combination of Sullivan in view of Schwartz) (Sullivan 0066) (Schwartz 0061)
Independent claim(s) 7 is/are made obvious by the combination of Sullivan in view of Schwartz based on the same analysis set forth for claim(s) 1, which are similar in claim scope.
As per claims 11, wherein the chat data associated with the chat message is automatically generated responsive to a chat message generation event. (Sullivan as applied above wherein players transmit chat messages and the host system encodes and transmits them to the client) (Sullivan 0067 – 0071)
Independent claim(s) 15 is/are made obvious by the combination of Sullivan, Azuolas and Shwartz based on the same analysis set forth for claim(s) 1, which are similar in claim scope.
Dependent claim(s) 12, 13, 14 is/are made obvious by the combination of Sullivan, Azuolas and Shwartz based on the same analysis set forth for claim(s) 3, 5, 6 which are similar in claim scope.
Dependent claim(s) 16 - 20 is/are made obvious by the combination of Sullivan, Azuolas and Schwartz based on the same analysis set forth for claim(s) 2-6 which are similar in claim scope.
Claim(s) 8 – 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sullivan et al (US 2018/0221774) in view of Azuolas et al (US 20200162796) in view of Schwartz (2022/0215719) in view of Barclay et al (US 2012/0214564)
As per claims 8 – 9, Sullivan fails to disclose:
wherein chat message is associated with an opportunity to place a wager in association with the play of the wagering game. [claim 8], or
wherein the chat message is associated with a wager identifier [claim 9], or
wherein the wager is independent of any wager placed in association with the streaming device. [claim 10]
However, in a similar field of endeavor, Barclay discloses a wagering game wherein the game allows spectators to engage in chat messages, wherein the chat messages offer the player an opportunity to place a wager, the chat messages are associated with a wager identifier such as a command to place the wager “/AUTO 10 $1” and wherein the wager it independent of the main wagering game, such that the wagering results are displayed in the chat box area 106. (Barclay 0079, Fig 1).
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify the Sullivan in view of Barclay to utilize the a known technique to improve similar systems in the same way by providing wagering opportunities via chat messages to enable a user spectating or watching streaming media to place wagers upon game events that may occur within the media or events such as games independent of the streamed media. This would create further exciting gaming opportunities to hold a user interest to prevent the user from getting bored and stop using the game streaming platform.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 - 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Examiner directs attention to the above rejection addressing the newly amended claims in view of Schwartz and Barclay addressing the newly amended claim language directed regarding the wagering game occurring at a gaming machine.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROSS A WILLIAMS whose telephone number is (571)272-5911. The examiner can normally be reached Mon-Fri 8am - 4pm.
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/RAW/ Examiner, Art Unit 3715
8/6/2026
/KANG HU/ Supervisory Patent Examiner, Art Unit 3715
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