DETAILED ACTION
This action is in response to the Applicant Response filed 22 January 2026 for application 18/168,299 filed 13 February 2023.
Claim(s) 1-3, 8-10, 15-17 is/are currently amended.
Claim(s) 1-20 is/are pending.
Claim(s) 1-20 is/are rejected.
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 .
Response to Arguments
Applicant's arguments regarding the objections to the claims have been fully considered and, in light of the amendments to the claims, are persuasive.
Applicant's arguments regarding the 35 U.S.C. 112(b) rejection(s) of claim(s) 2-4, 9-11, 16-28 have been fully considered and, in light of the amendments to the claims, are persuasive. The 35 U.S.C. 112(b) rejection(s) of claim(s) 2-4, 9-11, 16-28 has/have been withdrawn.
Applicant’s arguments regarding the 35 U.S.C. 101 rejection of claims 1-20 have been fully considered but are not persuasive.
Applicant first asserts that the claims do not recite a judicial exception. However, other than reciting the limitations of the claims, applicant does not provide any evidence to support the assertion. As noted below, the claims do, in fact, recite a judicial exception.
Applicant next argues that the claims do not recite a judicial exception because of the use of predictive models which increase efficiency and accuracy of the predictive models. First, simply using predictive models does not, by itself, create eligibility. As noted below, the models indicate a field of use or technological environment in which to apply the judicial exception. MPEP 2106.05(h). Further, using the models amounts to no more than mere instructions to implement an abstract idea or other exception on a computer. MPEP 2106.05(f). Claiming the improved speed or efficiency inherent with applying the abstract idea on a computer does not integrate a judicial exception into a practical application or provide an inventive concept. MPEP 2106.05(f).
Applicant next argues that in light of the recent memos released by the office and similar to the recent Desjardins case, the claims recite an improvement. Examiner respectfully disagrees. First, the memos do not amend the MPEP, but simply clarify the step-by-step analysis as laid out in the MPEP. As noted in detail below, the analysis has been performed on the claims, as detailed in the MPEP, and, in light of the analysis, the claims are not eligible. Further, the claims in the instant application are distinguishable to the Desjardins case. Desjardins includes an improvement related to catastrophic forgetting based on a specific training strategy to preserve performance on earlier tasks as new tasks are learned while the claims in the instant application simply use machine learning at a high level to perform an abstract idea of identifying team lineups.
The remainder of applicant’s arguments regarding the 35 U.S.C. 101 rejection of the claims are based on the newly amended subject matter. All arguments are addressed in the 35 U.S.C. 101 rejection of the claims below.
Therefore, claims 1-20 stand rejected under 35 U.S.C. 101.
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(s) 1-20 is/are rejected under 35 U.S.C. 101, because the claim(s) is/are directed to an abstract idea, and because the claim elements, whether considered individually or in combination, do not amount to significantly more than the abstract idea, see Alice Corporation Pty. Ltd. V. CLS Bank International et al., 573 US 208 (2014).
Regarding claim 1, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 1 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method of generating an outcome for a sporting event.
The limitation of generating ... a set of team history embeddings, a first set of player embeddings and a second set of player embeddings based on the user selection, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of constructing ... one or more data sets for each of one or more neural network architectures by parsing the historical event data and determining a set of away lineup features and a set of home lineup features, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of normalizing … the one or more datasets corresponding to the set of away lineup features or the set of home lineup features, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating ... a set of team history embeddings for the home team and the away team, the set of team history embeddings based on, and having a lower dimension than, at least one of the one or more constructed data sets, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating ... the first set of player embeddings for the home team and the second set of player embeddings for the away team, the first set of player embeddings and the second set of player embeddings based on, and having the lower dimension than, the at least one of the one or more constructed data sets, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of constructing a training data set for a neural network architecture including one or more hidden layers, wherein the training data set includes at least one of training team history embeddings, a training first set of player embeddings, and/or a training second set of player embeddings, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of reducing an average cross-entropy loss over the training data set to determine a weight of the neural network architecture, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses reducing an average cross entropy.
The limitation of learning a predicted outcome based on the training data set and the weight of the neural network architecture, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. If a claim limitation, under its broadest reasonable interpretation, covers performance of mathematical concepts, then it falls within the "Mathematical Concepts" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – computing system, one or more data stores, graphical user interface, user device. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites additional element(s) – prediction model, one or more neural network architectures, team history features neural network, agent performance features neural network, trained predictive model. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites accessing, by a computing system, event data for a sporting event from one or more data stores, wherein the event data corresponds to tracking data captured by one or more tags worn by at least one player or at least one object; displaying, by the computing system, a visual representation of a team lineup that includes the at least one player on a graphical user interface (GUI) of a user device, based on the event data for the sporting event; receiving, by the computing system via the GUI, a user selection from the user device to update the team lineup by replacing the at least one player of a home team or an away team with at least one new player; receiving, by the computing system, historical event data from a data store, the historical event data comprising play-by-play information for a plurality of historical sporting events across a plurality of seasons for the home team comprising a plurality of home players and the away team comprising a plurality of away players; outputting, by the computing system, an updated visual representation of the team lineup based on the pre-match outcome to the user device, wherein the updated visual representation includes the pre-match outcome, which is simply acquiring and displaying data recited at a high level of generality. This is nothing more than insignificant extra-solution activity (MPEP 2106.05(g)).
The claim recites inputting ... the set of team history embeddings, the first set of player embeddings, and the second set of player embeddings into a trained predictive model configured to output a pre-match outcome which is simply applying a model recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
The claim recites ... wherein the one or more neural network architectures include a team history features neural network and an agent performance features neural network which is simply additional information regarding the neural network architecture, and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
computing system, one or more data stores, graphical user interface, user device amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
applying a model amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
acquiring and displaying data amount(s) to no more than insignificant extra-solution activity (MPEP 2106.05(g)), wherein the insignificant extra-solution activity is the well-understood routine and conventional activit(y/ies) of receiving or transmitting data over a network and/or storing and retrieving information in memory (MPEP 2016.05(d))
prediction model, one or more neural network architectures, team history features neural network, agent performance features neural network, trained predictive model amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
additional information regarding the neural network architecture do(es) not apply the exception in a meaningful way (MPEP 2106.05(e))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 2, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 2 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method of generating an outcome for a sporting event.
The limitation of generating team context data for the home team and the away team based on the historical event data, the team context data comprising a plurality of features directed to characteristics of the home team and the away team, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating the set of team history embeddings for the home team and the away team based on the team context data, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites inputting the team context data into the one or more neural network architectures which is simply applying the first neural network recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the first neural network amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 3, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 3 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method of generating an outcome for a sporting event.
The limitation of generating player context data for each player associated with the home team and each player associated with the away team based on the historical event data, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating the first set of player embeddings for the home team and the second set of player embeddings for the away team based on the player context data, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites inputting the player context data into the one or more neural network architectures which is simply applying the first neural network recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the second neural network amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 4, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 4 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method of generating an outcome for a sporting event.
The limitation of for each player associated with the home team, aggregating all values associated with the player across the plurality of historical sporting events, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of for each player associated with the away team, aggregating all values associated with the player across the plurality of historical sporting events, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated
into a practical application. The claim does not recite any additional elements which integrate the
abstract idea into a practical application and, therefore, does not impose any meaningful limits on
practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to the integration of the
abstract idea into a practical application, the claim does not recite any additional elements which
provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 5, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 5 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method of generating an outcome for a sporting event.
The limitation of generating ... a first set of recent player embeddings for the home team and a second set of recent player embeddings for the away team based on a subset of the historical event data over a predefined time range, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – third neural network. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
third neural network amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 6, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 6 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method of generating an outcome for a sporting event.
The limitation of identifying a game context corresponding to the sporting event, the game context comprising information related to a relationship between the home team and the away team across the plurality of historical sporting events, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated
into a practical application. The claim does not recite any additional elements which integrate the
abstract idea into a practical application and, therefore, does not impose any meaningful limits on
practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to the integration of the
abstract idea into a practical application, the claim does not recite any additional elements which
provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 7, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 7 is directed to a method, which is directed to a process, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) method of generating an outcome for a sporting event. The Step 2A Prong One Analysis for claim 6 is applicable here since claim 7 carries out the method of claim 6 but for the recitation of additional element(s) of wherein the trained predictive model generates the pre-match outcome based on the game context.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the trained predictive model and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the trained predictive model do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 8, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 8 is directed to a computer readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer readable medium.
The limitation of generating ... a set of team history embeddings, a first set of player embeddings and a second set of player embeddings based on the user selection, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of constructing ... one or more data sets for each of one or more neural network architectures by parsing the historical event data and determining a set of away lineup features and a set of home lineup features, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of normalizing … the one or more data sets corresponding to the set of away lineup features or the set of home lineup features, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating ... a set of team history embeddings for the home team and the away team, the set of team history embeddings based on, and having a lower dimension than, at least one of the one or more constructed data sets, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating ... the first set of player embeddings for the home team and the second set of player embeddings for the away team, the first set of player embeddings and the second set of player embeddings based on, and having the lower dimension than, the at least one of the one or more constructed data sets, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating ... the pre-match outcome based on the team history embeddings, the first set of player embeddings, and the second set of player embeddings ..., as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of constructing a training data set for a neural network architecture including one or more hidden layers, wherein the training data set includes at least one of training team history embeddings, a training first set of player embeddings, and/or a training second set of player embeddings, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of reducing an average cross-entropy loss over the training data set to determine a weight of the neural network architecture, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses reducing an average cross entropy.
The limitation of learning a predicted outcome based on the training data set and the weight of the neural network architecture, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. If a claim limitation, under its broadest reasonable interpretation, covers performance of mathematical concepts, then it falls within the "Mathematical Concepts" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – computer readable medium, one or more sequences of instructions, one or more processors, computing system, one or more data stores, graphical user interface, user device. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites additional element(s) – prediction model, one or more neural network architectures, team history features neural network, agent performance features neural network, trained predictive model. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites inputting ... the set of team history embeddings, the first set of player embeddings, and the second set of player embeddings into a trained predictive model configured to output a pre-match outcome which is simply applying a model recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
The claim recites accessing, by a computing system, event data for a sporting event from one or more data stores, wherein the event data corresponds to tracking data captured by one or more tags worn by at least one player or at least one object; displaying, by the computing system, a visual representation of a team lineup that includes the at least one player on a graphical user interface (GUI) of a user device, based on the event data for the sporting event; receiving, by the computing system via the GUI, a user selection from the user device to update the team lineup by replacing the at least one player of a home team or an away team with at least one new player; receiving, by the computing system, historical event data from a data store, the historical event data comprising play-by-play information for a plurality of historical sporting events across a plurality of seasons for the home team comprising a plurality of home players and the away team comprising a plurality of away players; outputting, by the computing system, an updated visual representation of the team lineup based on the pre-match outcome to the user device, wherein the updated visual representation includes the pre-match outcome, which is simply acquiring and displaying data recited at a high level of generality. This is nothing more than insignificant extra-solution activity (MPEP 2106.05(g)).
The claim recites ... wherein the one or more neural network architectures include a team history features neural network and an agent performance features neural network which is simply additional information regarding the neural network architecture, and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
computer readable medium, one or more sequences of instructions, one or more processors, computing system, one or more data stores, graphical user interface, user device amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
applying a model amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
acquiring and displaying data amount(s) to no more than insignificant extra-solution activity (MPEP 2106.05(g)), wherein the insignificant extra-solution activity is the well-understood routine and conventional activit(y/ies) of receiving or transmitting data over a network and/or storing and retrieving information in memory (MPEP 2016.05(d))
prediction model, one or more neural network architectures, team history features neural network, agent performance features neural network, trained predictive model amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
additional information regarding the neural network architecture do(es) not apply the exception in a meaningful way (MPEP 2106.05(e))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 9, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 9 is directed to a computer readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer readable medium.
The limitation of generating team context data for the home team and the away team based on the historical event data, the team context data comprising a plurality of features directed to characteristics of the home team and the away team, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating the set of team history embeddings for the home team and the away team based on the team context data, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites inputting the team context data into the one or more neural network architectures which is simply applying the first neural network recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the first neural network amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 10, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 10 is directed to a computer readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer readable medium.
The limitation of generating player context data for each player associated with the home team and each player associated with the away team based on the historical event data, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating the first set of player embeddings for the home team and the second set of player embeddings for the away team based on the player context data, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites inputting the player context data into the one or more neural network architectures which is simply applying the first neural network recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the second neural network amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 11, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 11 is directed to a computer readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer readable medium.
The limitation of for each player associated with the home team, aggregating all values associated with the player across the plurality of historical sporting events, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of for each player associated with the away team, aggregating all values associated with the player across the plurality of historical sporting events, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated
into a practical application. The claim does not recite any additional elements which integrate the
abstract idea into a practical application and, therefore, does not impose any meaningful limits on
practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to the integration of the
abstract idea into a practical application, the claim does not recite any additional elements which
provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 12, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 12 is directed to a computer readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer readable medium.
The limitation of generating ... a first set of recent player embeddings for the home team and a second set of recent player embeddings for the away team based on a subset of the historical event data over a predefined time range, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – third neural network. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
third neural network amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 13, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 13 is directed to a computer readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer readable medium.
The limitation of identifying a game context corresponding to the sporting event, the game context comprising information related to a relationship between the home team and the away team across the plurality of historical sporting events, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated
into a practical application. The claim does not recite any additional elements which integrate the
abstract idea into a practical application and, therefore, does not impose any meaningful limits on
practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to the integration of the
abstract idea into a practical application, the claim does not recite any additional elements which
provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 14, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 14 is directed to a computer readable medium, which is directed to an article of manufacture, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) computer readable medium. The Step 2A Prong One Analysis for claim 13 is applicable here since claim 14 carries out the computer readable medium of claim 13 but for the recitation of additional element(s) of wherein the trained predictive model generates the pre-match outcome based on the game context.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application. In particular, the claim recites additional information regarding the trained predictive model and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of additional information regarding the trained predictive model do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)). Not applying the exception in a meaningful way does not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 15, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 15 is directed to a system with a processor, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system.
The limitation of generating a set of team history embeddings, a first set of player embeddings, and a second set of player embeddings based on the user selection ..., as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of constructing ... one or more data sets for each of one or more neural network architectures by parsing the historical event data and determining a set of away lineup features and a set of home lineup features, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of normalizing … the one or more data sets corresponding to the set of away lineup features or the set of home lineup features, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating ... a set of team history embeddings for the home team and the away team, the set of team history embeddings based on, and having a lower dimension than, at least one of the one or more constructed data sets, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating ... the first set of player embeddings for the home team and the second set of player embeddings for the away team, the first set of player embeddings and the second set of player embeddings based on, and having the lower dimension than, the at least one of the one or more constructed data sets, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of constructing a training data set for a neural network architecture including one or more hidden layers, wherein the training data set includes at least one of training team history embeddings, a training first set of player embeddings, and/or a training second set of player embeddings, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of reducing an average cross-entropy loss over the training data set to determine a weight of the neural network architecture, as drafted, is a process that, under its broadest reasonable interpretation, covers a mathematical concept. The limitation encompasses reducing an average cross-entropy loss.
The limitation of learning a predicted outcome based on the training data set and the weight of the neural network architecture, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. If a claim limitation, under its broadest reasonable interpretation, covers performance of mathematical concepts, then it falls within the "Mathematical Concepts" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – system, processor, memory, programming instructions, computing system, graphical user interface, user device, data store. The additional element(s) is/are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of executing instructions on the computers) such that it amounts to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b)).
The claim recites additional element(s) – prediction model, one or more neural network architectures, team history features neural network, agent performance features neural network, trained predictive model. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
The claim recites inputting ... the set of team history embeddings, the first set of player embeddings, and the second set of player embeddings into a trained predictive model configured to output a pre-match outcome which is simply applying a model recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
The claim recites accessing event data for a sporting event, wherein the event data corresponds to tracking data captured by one or more tags worn by at least one player or at least one object; displaying a visual representation of a team lineup that includes the at least one player on a graphical user interface (GUI) of a user device, based on the event data for the sporting event; receiving, via the GUI, a user selection from the user device to update the team lineup by replacing the at least one player of a home team or an away team with at least one new player; receiving, by the computing system, historical event data from a data store, the historical event data comprising play-by-play information for a plurality of historical sporting events across a plurality of seasons for the home team comprising a plurality of home players and the away team comprising a plurality of away players; outputting an updated visual representation of the team lineup based on the pre-match outcome to the user device, wherein the updated visual representation includes the pre-match outcome, which is simply acquiring and displaying data recited at a high level of generality. This is nothing more than insignificant extra-solution activity (MPEP 2106.05(g)).
The claim recites ... wherein the one or more neural network architectures include a team history features neural network and an agent performance features neural network which is simply additional information regarding the neural network architectures, and the element(s) do(es) not apply the exception in a meaningful way (MPEP 2106.05(e)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
system, processor, memory, programming instructions, computing system, graphical user interface, user device, data store amount(s) to no more than mere instructions to apply the exception using generic computer components (MPEP 2106.05(b))
applying a model amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
acquiring and displaying data amount(s) to no more than insignificant extra-solution activity (MPEP 2106.05(g)), wherein the insignificant extra-solution activity is the well-understood routine and conventional activit(y/ies) of receiving or transmitting data over a network and/or storing and retrieving information in memory (MPEP 2016.05(d))
prediction model, one or more neural network architectures, team history features neural network, agent performance features neural network, trained predictive model amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
additional information regarding the neural network architectures do(es) not apply the exception in a meaningful way (MPEP 2106.05(e))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 16, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 16 is directed to a system, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system.
The limitation of generating team context data for the home team and the away team based on the historical event data, the team context data comprising a plurality of features directed to characteristics of the home team and the away team, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating the set of team history embeddings for the home team and the away team based on the team context data, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites inputting the team context data into the one or more neural network architectures which is simply applying the first neural network recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the first neural network amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 17, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 17 is directed to a system, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system.
The limitation of generating player context data for each player associated with the home team and each player associated with the away team based on the historical event data, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of generating the first set of player embeddings for the home team and the second set of player embeddings for the away team based on the player context data, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites inputting the player context data into the one or more neural network architectures which is simply applying the first neural network recited at a high level of generality and amounts to the recitation of the words “apply it” (or an equivalent) or amounts to no more than mere instructions to implement an abstract idea or other exception on a computer (MPEP 2106.05(f)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
applying the second neural network amount(s) to no more than mere instructions to apply the exception (MPEP 2106.05(f))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 18, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 18 is directed to a system, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system.
The limitation of for each player associated with the home team, aggregating all values associated with the player across the plurality of historical sporting events, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
The limitation of for each player associated with the away team, aggregating all values associated with the player across the plurality of historical sporting events, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated
into a practical application. The claim does not recite any additional elements which integrate the
abstract idea into a practical application and, therefore, does not impose any meaningful limits on
practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to the integration of the
abstract idea into a practical application, the claim does not recite any additional elements which
provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 19, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 19 is directed to a system, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system.
The limitation of generating ... a first set of recent player embeddings for the home team and a second set of recent player embeddings for the away team based on a subset of the historical event data over a predefined time range, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated into a practical application.
The claim recites additional element(s) – third neural network. The additional element(s) is/are recited at a high-level of generality such that it amounts to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h)).
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because the additional element(s) do(es) not impose any meaningful limits on practicing the abstract idea, and, therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element(s) of:
third neural network amount(s) to no more than indicating a field of use or technological environment in which to apply the judicial exception (MPEP 2106.05(h))
The additional element(s) do(es) not provide an inventive concept, and, therefore, the claim is not patent eligible.
Regarding claim 20, the claim is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claim 20 is directed to a system, which is directed to a machine, one of the statutory categories.
Step 2A Prong One Analysis: The claim recites a(n) system.
The limitation of identifying a game context corresponding to the sporting event, the game context comprising information related to a relationship between the home team and the away team across the plurality of historical sporting events, as drafted, is a process that, under its broadest reasonable interpretation, covers a mental process. The limitation is directed to observation, evaluation, judgment and opinion and is a process capable of being performed by a human mentally or using pen and paper.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the "Mental Processes" grouping. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: With respect to the abstract idea, the judicial exception is not integrated
into a practical application. The claim does not recite any additional elements which integrate the
abstract idea into a practical application and, therefore, does not impose any meaningful limits on
practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to
significantly more than the judicial exception. As discussed above with respect to the integration of the
abstract idea into a practical application, the claim does not recite any additional elements which
provide an inventive concept, and, therefore, the claim is not patent eligible.
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.
Any inquiry concerning this communication or earlier communication from the examiner should be directed to MARSHALL WERNER whose telephone number is (469) 295-9143. The examiner can normally be reached on Monday – Thursday 7:30 AM – 4:30 PM ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamran Afshar, can be reached at (571) 272-7796. The fax number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MARSHALL L WERNER/ Primary Examiner, Art Unit 2125