DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 6 is dependent upon cancelled parent claim 5 which is improper. For examination purposes claim 6 is assumed to be dependent upon claim 3. Claims 7-12 inherit the rejection based on their dependency to claim 6.
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.
Claim 1 is 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 executing play of a throwing game wherein the method comprises the steps of:"
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
Claim 1 includes limitations directed towards "providing a target member, said target member being triangular in shape, said target member having three walls defining an internal area, said internal area having an inner target member disposed therein;"
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 1 includes limitations directed towards "placing the target member on a surface, and placing the inner target member in a desired location within the internal area;"
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 1 includes limitations directed towards "determining player rotation, wherein player rotation is determined by the result from each player tossing a throwing member at the target member; deciding a player to be first in the player rotation, wherein the player to be first in the rotation is the player who tossed a throwing member closest to the inner target member during the preceding step; setting an initial distance from the target member, the initial distance determining the starting point for tossing of the throwing member by each player, initiating a first round of play, said first round of play comprising of tossing five throwing members at the target member for each player; completing the first round of play, wherein all players execute a turn of tossing the throwing member five time at 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 1 includes limitations directed towards "issuing a card to one or more players, wherein each player who landed all throwing members tossed in the round in the target member is issued a card, and wherein each said card includes instructions modifying the playing conditions for a player and wherein the player in possession of the card issues the instructions to an opposing player to be applied during the next round of play;"
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 1 includes limitations directed towards "moving to a next distance from the target member, wherein the players move to a distance that is farther than the initial distance;"
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 1 includes limitations directed towards "engaging in a second round of play, wherein the players toss the throwing member at the target member five times in the second round of play; completing the second round of play;"
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 1 includes limitations directed towards "advancing through subsequent rounds of play, wherein each subsequent round of play is at a distance greater than a distance of a previous round of play;"
These limitations are directed towards managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
Claim 1 includes limitations directed towards "determining a winner of the throwing game, wherein the winner is determined by a player landing a throwing member within the inner target member prior to any other player at a distance that is farthest away from 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)
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
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive. The arguments against the rejections under 35 USC 102 and 103 are considered moot in view of removal of these prior art rejections in response to the amendment(s) to claim 1.
With regards to the applicants’ arguments against the 35 USC 101 rejection, the applicant argues that the amendments act independently of human intervention and are executed without human decision making the claim non-abstract. However, the card has to be issued by a person and a person has to read the card to follow the instructions. The indicia on the card are not considered to make the abstract idea not directed towards social activities or following rules. The claims are clearly directed towards social activities or following rules and the specific rules followed (such as the issuance of a card) is not seen to provide significantly more than the abstract idea. The issuing of cards during game play is and has been well known in the gaming arts. The targets are variations to well known targets and are not seen to provide a particular machine which is required to advance the technological field. Reference Mackay Radio & Tel. Co. v. Radio Corp. of America, 306 U.S. 86, 40 USPQ 199 (1939). In this case, a mathematical formula was employed to use standing wave phenomena in an antenna system. The claim recited the particular type of antenna and included details as to the shape of the antenna and the conductors, particularly the length and angle at which they were arranged. In this case the target, cards and any additional items are generic in nature and not a particular machine where the size, shape etc… are required to employ the mathematical formula in a new antenna system.
As such, the examiner is not persuaded by the applicants arguments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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