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 .
Status of Claims
Claims 1, 10 and 11 have been amended.
Claims 17 - 21 are newly added.
Claims 1 – 6 and 8 – 21 are pending.
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.
This subject matter eligibility analysis follows the latest guidance for Patent Subject Matter Eligibility Guidance.
Claims 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
Claims 1 – 8 and 17 - 19 are drawn to a method.
Claims 9-16 and 20 are drawn to a system and CRM.
Claim 21 is drawn to a system
Thus, initially, under Step 1 of the analysis, it is noted that the claims are directed towards eligible categories of subject matter.
Step 2A:
Prong 1: Does the Claim recite an Abstract idea, Law of Nature, or Natural Phenomenon?
Claims 1 - 8 are exemplary because they require substantially the same operative limitations of the remaining claims. Examiner has underlined the claim limitations which recite the abstract idea, discussed in detail in the paragraphs that follow.
1. An automated number squares game method, including:
generating, by a server, and causing to be displayed on one or more user-accessible display devices, a number square graphical user interface (GUI) for a game event related to a real-world event, wherein a game event corresponds to numerical quantities generated during the real-world event, the number square GUI including a first number square, wherein each square of the first number square represents a pair of digits, each digit of the pair of digits being an integer from 0 to at most 9, wherein no pair of digits is repeated within the first number square;
enabling one or more users, via the at least one user-accessible display device, to select and purchase one or more squares of the first number square using the number square GUI including, in response to a particular user of the one or more users attempting to select a particular square on a particular one of the one or more user-accessible display devices, causing a display of the particular user-accessible display device to zoom in on a region surrounding the particular square to enable the particular user to verify that the particular user's desired square was chosen or to enable the particular user to correct the selection if the particular square selected is not the particular user's desired choice;; and
automatically generating, by the server, and displaying on the one or more user- accessible display devices, a second number square to display using the number square GUI if the first number square reaches a maximum number of squares permitted to be purchased, and
enabling the one or more users to select and purchase one or more squares of the second number square using the number square GUI.
18. (New) A method of operating a game system, the method including:
providing, by a game server, a graphical user interface (GUI) on a user-accessible display device of a user to enable the user to make a selection of or within a game provided by the game server; and
in response to the user attempting to make a selection on the user-accessible display device, causing a display of the particular user-accessible display device to zoom in on a region surrounding the selection as detected by the user-accessible display device or the game server to enable the user to verify that the user's selection was the user's intended selection or to enable the user to correct the selection if the selection is not the user's desired selection.
The claims recite italicized limitations that fall within at least one of the groupings of abstract ideas enumerated in the 2019 PEG, namely, Certain Method of Organizing human activity.
More specifically, under this grouping, the italicized limitations represent managing interactions between people. For example, the italicized limitations are rules for gaming wherein a player purchases squares for gaming, displaying the squares in a zoomed in fashion to enable a user to confirm their selections, wherein the value of the square corresponds with a real-world game score. This falls under the grouping of managing interactions between people, such as managing interactions by means of the following of game rules to play a game. Regarding claim 18, the italicized limitations are directed towards displaying selections to a user, allowing them to make a selection wherein the selection can be verified by the user by zooming in on the selection. This falls under the grouping of managing interactions between people, such as managing interactions by means of the following of rules or steps of making a selection by a user.
Prong 2: Does the Claim recite additional elements that integrate the exception in to a practical application of the exception?
Although the claims recite additional limitations, these limitations do not integrate the exception into a practical application of the exception. For example, the claims require additional limitations as follow, (emphasis added): servers, display and mobile devices, processors and databases
These additional limitations do not represent an improvement to the functioning of a computer, or to any other technology or technical field, (MPEP 2106.05(a)). Nor do they apply the exception using a particular machine, (MPEP 2106.05(b)). Furthermore, they do not effect a transformation. (MPEP 2106.05(c)). Rather, these additional limitations amount to an instruction to “apply” the judicial exception using a computer as a tool to perform the abstract idea. Therefore, since the additional limitations, individually or in combination, are indistinguishable from a computer used as a tool to perform the abstract idea, the analysis continues to Step 2B, below.
Step 2B:
Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because they amount to conventional and routine computer implementation and mere instructions for implementing the abstract idea on generic computing devices.
For example, as pointed out above, the claimed invention recites additional elements facilitating implementation of the abstract idea. Applicant has claimed servers, display and mobile devices, processors and databases. However, all of these elements viewed individually and as a whole, are indistinguishable from conventional computing elements known in the art. Therefore, the additional elements fail to supply additional elements that yield significantly more than the underlying abstract idea.
As the Alice court cautioned, citing Flook, patent eligibility cannot depend simply on the draftsman’s art. Here, amending the claims with generic computing elements does not (in this Examiner’s opinion), confer eligibility.
Regarding the Berkheimer decision, Shaya et al (US 2022/0189256) establishes that these additional elements are generic:
[0071] The contestant account 150 can be accessed through a contestant interface 230. Persons skilled in the art will understand that a contestant interface can assume numerous configurations and appearances, with a plurality of contestant accounts being accessed on a computer having at least one processor, memory, and an interface. Such a contestant interface can be accessed on typical networked computing devices such as, but not limited to, personal computers, gaming consoles, smartphones, tablets, smart televisions, and kiosks. A contestant account can be accessed from a home or mobile computing environment or can be accessed from a platform provided at a gaming venue such as, but not limited to, an esports venue. In embodiments of the invention, the contestant interface can be accessed via web browser or through a customized software application. The contestant account can display results of current tournaments or matches. The contestant account can further display video captured results sent from the database server 140. The contestant account can further display results of prior matches and provide a user with game metrics and statistics stored on a database server. In other embodiments of the invention, a social media portal can be implemented with the ability to share metrics such as wins, performances, video captures, screen captures, pay per kill statistics and the like on various social media platforms such as, but not limited to, Twitch, Instagram, Twitter and TikTok. In other embodiments of the invention, a social portal is integrated into the contestant account 150 itself with the ability to share metrics, wins, performances, video captures, screen captures, pay per kill statistics and the like among users of the exemplary system and method of conducting online video game tournaments and matches. The contestant account can provide a financial application 240 for contestants to pay entry fees and receive payouts. By way of example, and not limitation, a contestant can provide funds from a financial institution or cryptocurrency wallet which are recorded on the database server 130 or plurality of database servers and processed as payouts upon completion of a pay-per-kill tournament. Persons skilled in the art will readily appreciate that tournament entry fee transactions may be performed through conventional online banking techniques, through specific software provided to each contestant account 150, or may be made with cryptocurrency according to cryptocurrency protocols and recorded in a blockchain. The contestant account will also be able to provide for targeted advertising 250 from other companies. A gaming server 120 and a database server 130 can communicate either uni- or bi-directionally with the contestant account 150.
Therefore, these elements fail to supply additional elements that yield significantly more than the underlying abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea).
Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
Moreover, the claims do not recite improvements to another technology or technical field. Nor, do the claims improve the functioning of the underlying computer itself -- they merely recite generic computing elements. Furthermore, they do not effect a transformation of a particular article to a different state or thing: the underlying computing elements remain the same.
Concerning preemption, the Federal Circuit has said in Ariosa Diagnostics, Inc., V. Sequenom, Inc., (Fed Cir. June 12, 2015):
The Supreme Court has made clear that the principle of preemption is the basis for the judicial exceptions to patentability. Alice, 134 S. Ct at 2354 (“We have described the concern that drives this exclusionary principal as one of pre-emption”). For this reason, questions on preemption are inherent in and resolved by the § 101 analysis. The concern is that “patent law not inhibit further discovery by improperly tying up the future use of these building blocks of human ingenuity.” Id. (internal quotations omitted). In other words, patent claims should not prevent the use of the basic building blocks of technology—abstract ideas, naturally occurring phenomena, and natural laws. While preemption may signal patent ineligible subject matter, the absence of complete preemption does not demonstrate patent eligibility. In this case, Sequenom’s attempt to limit the breadth of the claims by showing alternative uses of cffDNA outside of the scope of the claims does not change the conclusion that the claims are directed to patent ineligible subject matter. Where a patent’s claims are deemed only to disclose patent ineligible subject matter under the Mayo framework, as they are in this case, preemption concerns are fully addressed and made moot. (Emphasis added.)
For these reasons, it appears that the claims are not patent-eligible under 35 USC §101.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 –6 and 8 – 10, 18, 20 and 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Vostoris (2007/0270202).
As per claim 1, Vostoris discloses:
generating, by a server, and causing to be displayed on one or more user-accessible display devices, a number square graphical user interface (GUI) for a game event related to a real-world event, wherein a game event corresponds to numerical quantities generated during the real-world event, the number square GUI including a first number square, wherein each square of the first number square represents a pair of digits, each digit of the pair of digits being an integer from 0 to at most 9, wherein no pair of digits is repeated within the first number square; (Vostoris discloses the a game that is accessible by multiple users via a web application that is accessible by a website (I.e. server) wherein users inherently utilize a user device of some means to access the website (Vostoris 0017). Vostoris further discloses the generation of a game that comprises squares that correspond to rows and columns that comprise a singular randomly selected digit 0 – 9 respectively. (Vostoris Fig 7, 8, 0058, 0060, 0062). Vostoris discloses the monitoring of point totals in real life games to determine winning squares) (Vostoris 0031, 0032)
enabling one or more users, via the at least one user-accessible display device, to select and purchase one or more squares of the first number square using the number square GUI (Vostoris discloses the user being able browse and select squares to purchase) (Vostoris 0019 – 0023), in response to a particular user of the one or more users attempting to select a particular square on a particular one of the one or more user-accessible display devices, causing a display of the particular user-accessible display device to zoom in on a region surrounding the particular square to enable the particular user to verify that the particular user's desired square was chosen or to enable the particular user to correct the selection if the particular square selected is not the particular user's desired choice. (Vostoris discloses at least the enabling of a user to review (i.e. verify correct selection) of their desired number squares before they purchase them by means of focusing on selected number squares.. The Examiner notes that according to the specification and the figures of the application, specifically Fig 5A and 5B, the limitation of “zoom in a region surrounding the particular square, amounts to a separate display of selected squares, see Fig 5B which depicts a separate screen comprising not an enlarged original game board comprising the squares, but an entirely new and different display of a “Selected Square” that shows 9 rectangular boxes with rounded corners with the words “Rtorre”, “naza” and the number “24” along with “confirm” and “cancel”. Vostoris anticipates this type of “zoom” in that Vostoris also discloses a displaying of a listing or a graphical representation of selected numbers on portion of a display wherein a user can view or review and confirm their selections prior to confirming them.) (Vostoris 0022, 0023)
and
automatically generating, by the server, and displaying on the one or more user- accessible display devices, a second number square to display using the number square GUI if the first number square reaches a maximum number of squares permitted to be purchased, and (Vostoris discloses the automatic generation of a new number pool game (2nd, 3rd, etc.) upon the condition that the current number pool game squares are all filled up or purchased (i.e. reached a maximum number of squares permitted to be purchased)) (Vostoris 0042, 0045)
enabling the one or more users to select and purchase one or more squares of the second number square using the number square GUI. (Vostoris discloses the user being able browse and select squares to purchase) (Vostoris 0019 – 0023)
As per claim 2, Vostoris discloses:
automatically generating, by the server, and displaying on the one or more user- accessible display devices, a further number square to display using the number square GUI upon a previous number square reaching the maximum number of squares permitted to be purchased, wherein the further number square represents a third or greater number square and the previous number square represents the second or greater number square preceding the further number square; and enabling one or more of the users to select and purchase one or more squares of the further number square using the number square GUI. (Vostoris discloses the creation of multiple different pools (2nd 3rd etc.) upon the current pool squares of a pool game being filled up by users purchasing the squares, wherein upon the creation of a new pool game, user are able to view and purchase desired squares) (Vostoris 0042 – 0046).
As per claim 3, prior to said generating the number square GUI: receiving at the server real-world event information from a data feed; (Vostoris discloses an administration process that determines events that are set to occur and generate one or more pools based upon those events occurring) (Vostoris 0028)
determining by the server if a number squares game has already been generated for a game event related to the real-world event; and generating, by the server, one or more number squares games corresponding to one or more game events corresponding to the real-world event if a number squares game has not previously been generated for the real-world event. (Vostoris discloses the determination of a “need” to generate a new pool game based upon the current pool squared that were previously generated were purchased) (Vostoris 0042)
As per claim 4,
wherein said enabling one or more users to select and purchase one or more squares of the first number square using the number square GUI includes: displaying on the one or more user-accessible display devices a game GUI that enables the one or more users to select a game event from among one or more active game events, (Vostoris discloses the user being able to browse and select a game from an active game pools that are available) (Vostoris 0019)
wherein an active game event is a game event for which a number squares game exists and is still accepting purchases of squares; and generating on the one or more user-accessible display devices the number squares GUI corresponding to the game event selected by the one or more users. (Vostoris the generation of squares when the user is browsing active pools for the pools that are still accepting purchases) (Vostoris 0017, 0019 – 0023, 0041))
As per claim 5, wherein the digits forming the pairs of digits are displayed along edges of the number square or within the individual squares of the number square of the number square GUI. (Vostoris discloses a number pool game that comprises rows that correspond with numbers and columns that correspond with numbers wherein the squares a user selects corresponds with pairs of digits) (Vostoris Figs. 7 and 8).
As per claim 6, wherein, for a given number squares game, each pair of digits represents a score or other set of occurrences within a game event with which the number squares game is associated, and wherein a prize is awarded to a user whose square corresponds to a particular pair of digits every time the score or other set of occurrences within the game event changes to match the particular pair of digits. (Vostoris disclose the player selected squared corresponding to a particular pair of number digits that correspond to the row and column) (Vostoris 0003, 031 , 0032)
As per claim 8, further including providing an administrative interface to a party to enable the party to run a private number squares game. (Vostoris discloses the game that may be used to administer private pools between players) (Vostoris 0068, 0073)
As per claim 9, A non-transitory machine-readable medium containing executable instructions designed to enable one of more processors to implement operation comprising the method according to claim 1. (Vostoris discloses a computer readable medium that enables a processor to implement claim 1) ( Vostoris Abstract 0005, 0089)
As per claim 10,
An automated number squares game system including: (Vostoris Abstract)
at least one processor; the non-transitory machine readable medium of claim 8, wherein the non-transitory machine-readable medium is communicatively coupled to the at least one processor; and (Vostoris discloses a web application that is accessible by a website via a network, that inherently comprises a processor and input output devices that enable a use to select and purchase number squares) (Vostoris 0017, 0019, 0022)
at least one input/output device communicatively coupled to the at least one processor, wherein the at least one input/output device also includes a communication interface to at least one communication network. (Vostoris discloses a web application that is accessible by a website via a network, that inherently comprises a processor and input output devices that enable a use to select and purchase number squares) (Vostoris 0017, 0019, 0022)
As per claim 18,
providing, by a game server, a graphical user interface (GUI) on a user-accessible display device of a user to enable the user to make a selection of or within a game provided by the game server; and (Vostoris discloses the a game that is accessible by multiple users via a web application that is accessible by a website (I.e. server) wherein users inherently utilize a user device of some means to access the website (Vostoris 0017) (Vostoris discloses the user being able browse and select squares to purchase) (Vostoris 0019 – 0023)).
in response to the user attempting to make a selection on the user-accessible display device, causing a display of the particular user-accessible display device to zoom in on a region surrounding the selection as detected by the user-accessible display device or the game server to enable the user to verify that the user's selection was the user's intended selection or to enable the user to correct the selection if the selection is not the user's desired selection. (Vostoris discloses at least the enabling of a user to review (i.e. verify correct selection) of their desired number squares before they purchase them by means of focusing on selected number squares. The Examiner notes that according to the specification and the figures of the application, specifically Fig 5A and 5B, the limitation of “zoom in a region surrounding the particular square, amounts to a separate display of selected squares, see Fig 5B which depicts a separate screen comprising not enlarged original game board comprising the squares, but an entirely new and different display of a “Selected Square” that shows 9 rectangular boxes with rounded corners with the words “Rtorre”, “naza” and the number “24” along with “confirm” and “cancel”. Vostoris anticipates this type of “zoom” in that Vostoris also discloses a displaying of a listing or a graphical representation of selected numbers on portion of a display wherein a user can view or review and confirm their selections prior to confirming them.) (Vostoris 0022, 0023)
Independent claim(s) 20 and 21 is/are anticipated by Vostoris based on the same analysis set forth for claim(s) 1, which are similar in claim scope.
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) 11 - 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vostoris (2007/0270202) in view of in view of Carlin (US 2014/0274332).
As per claims 11, Vostoris discloses a game system that communicates real world events to a web platform to generate number square game via web platform (Vostoris Abstract, 0017 - 0021, 0025 – 0029)
However, Vostoris fails to specifically disclose the technical hardware such as servers communicating with user devices and servers in communication with event feeds to cause the servers to specifically generate number square games.
Vostoris fails to specifically disclose:
one or more servers configured to communicate with one or more user-accessible devices via one or more communication networks, wherein the one or more user-accessible devices include respective displays and user input capabilities; and
one or more non-transitory storage devices communicatively coupled to the one or more servers;
wherein at one of the one or more non-transitory storage devices contains executable instructions designed to cause the one or more servers to execute operations to implement the method according to wherein at one of the one or more non-transitory storage devices contains executable instructions designed to cause the one or more servers to execute operations to implement the method according to
wherein the one or more servers include(s) a communication interface that enables communication with an event feed …
However, in a similar field of endeavor wherein a square number game is executed, Carlin discloses a square number game system wherein the system specifically operates via a game network that comprises user devices (Carlin 0017) that users use to make wagers, wherein the user devices are in communication with game/wagering servers (Carlin 0017). The user device uses a browser to access the server (Carline 0019). Carlin further discloses the monitoring of a real-time “feed” or outcome of a game event such as the scores of the football game) (Carlin 00043).
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Vostoris in view of Carlin to modify similar devices in the same way by utilizing specific computer hardware such as server and user devices in communication with each to monitor game feeds or game statistics that are used to implement a number square wagering game. The use of these devices to automate the placing and acceptance of wagering upon game outcomes would be beneficial as the wagering would be able to be implemented much more efficiently and faster when compared to manual means such as pen and paper.
As per claim 12, wherein the one or more servers is/are cloud-based, and wherein at least one of the one or more non-transitory storage devices is cloud-based. (The combination of Vostoris in view of Carlin as applied to claim 11, wherein Carlin teaches the use of servers that are cloud based) (Carlin 0050)
As per claim 13, wherein the one or more servers is/are configured to provide to the one or more user-accessible devices remote client application services, and is/are configured to provide an administrator interface, either via an input/output device directly coupled to the one or more servers or via a device communicatively coupled to the one or more servers via a communication network. (Combination of Vostoris in view of Carlin as applied to claims 1 and 11, wherein Vostoris specifically discloses an administrative interface (Vostoris 0043 – 0046) that is accessible via a web platform (Vostoris 0026, 0035) and Carlin teaches the specific use of user terminal devices that are used to interface with game servers via a communication network (Carlin 0017, 0018, 0045, 0053)
As per claim 14, wherein the one or more servers is/are further communicatively coupled to at least one payment service. (The combination of Vostoris in view of Carlin as applied to claim 11, wherein Carlin discloses at least a payment/wager service) (Carlin 0015, 0024, 0025, 0038, 0043)
As per claim 15, wherein the one or more servers is/are configured to provide an administrative interface to a party to enable the party to administer a private number squares game. (The combination of Vostoris in view of Carlin as applied to claim 11, wherein Vostoris discloses the game that may be used to administer private pools between players and Carlin specifically discloses the use of game servers that are used to execute the game) (Vostoris 0068, 0073)
As per claim 16, wherein the one or more non-transitory storage devices include a user database, an administrative database, and a game database. (The combination of Vostoris in view of Carlin as applied to claim 11, wherein Vostoris discloses the game that may be used to administer private pools between players and Carlin specifically discloses the use of game servers that are used to execute the game wherein the storage devices comprise user databases (Vostoris 0061) game databases (Vostoris 0061) and administrative databases) (Vostoris 0026).
Claim(s) 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vostoris (2007/0270202) in view of in view of Pearcy (US 2013/0097518)
As per claim 17, Vostoris fails to disclose:
wherein the particular one of the user-accessible display devices is a mobile device, and wherein the GUI corresponds to a mobile version of the GUI provided to the particular one of the user-accessible display devices in response to detection of a size of the mobile device.
However in a similar field of endeavor, wherein mobile devices can be used for gaming, Pearcy discloses a system that adapts a displayed GUI to the detected size of the display screen of the mobile device. Specifically Pearcy states: “In some instances, two or more mobile devices joined 415 in a collaborative use session can different have display capabilities, including different graphics cards and display devices with varying sizes, resolutions, scales, format, aspect ratios, etc. In some instances, causing 430 the second user interface to be displayed on the second device can include translating, scaling, or otherwise adapting a user interface of the particular program to the second device. Indeed, in some instances, a user of the second device (and/or first device) can be presented with a separate GUI allowing the user to specify display characteristics (e.g., aspect ratio, format, etc.) for the user interface of the particular program on either of the first and second devices. Providing this adaptability can allow presentation of user interfaces within the collaborative use session to be adapted to or optimized for each of the varying devices participating in the session.” (Pearcy 0050)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Vostoris in view of Pearcy to modify similar devices in the same way to adapt the displayed Gui to the size of the mobile device display screen. In doing so as Pearcy teaches, “this adaptability can allow presentation of user interfaces within the collaborative use session to be adapted to or optimized for each of the varying devices participating in the session.” (Pearcy 0050)
Dependent claim(s) 19 is/are made obvious by the combination of Vostoris and Pearcy based on the same analysis set forth for claim(s) 17, which are similar in claim scope.
Response to Arguments
Applicant's arguments filed 9/25/2025 have been fully considered but they are not persuasive.
Regarding the rejection of the claims under 35 U.S.C. 101, the Applicant argues that there were no grounds of rejection for claims 2 – 16 and the Examiner has only mentioned claim 1. The Examiner respectfully disagrees and notes that the previous rejection clearly mentions claims 2 – 16 in the ground for rejection. Claims 2 – 16 have been considered in full in the grounds for rejection and in determining that if the claims are directed towards patent eligible subject matter. The Examiner further quotes the previous rejection below wherein the Examiner notes that “Claims 1 - 8 are exemplary because they require substantially the same operative limitations of the remaining claims. The Examiner notes claims 9 – 16 are the claims that are left of the Applicant’s claims and are thus the “remaining claims” of the originally stated grounds of rejection heading stating “Claims 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.” (See office action page 2-3)
Further the claimed subject matter of previously claimed 7 (now incorporated into amended claim 1), was also considered in full. The Examiner notes that the enlarging of a displayed game to make it easier to see or view by a player can clearly be accomplished by a human utilizing pen and paper. Here the Applicant is merely utilizing a display device for its well-known and conventional functions of displaying the game to a user in a zoomed in fashion.
Regarding the Applicant arguments in view of the rejection of the claims under 35 U.S.C. 102(a)(2), the Applicant argues “Vostoris is altogether silent as to any particular way in which the user is given this opportunity. Vostoris at paragraphs 22-23. In particular, Claim 7 (now Claim 1) specifically recites, "causing a display of the particular user-accessible display device to zoom in on a region surrounding the particular square to enable the particular user to verify that the particular user's desired square was chosen or to enable the particular user to correct the selection if the particular square selected is not the particular user's desired choice." Vostoris lacks any disclosure or suggestion of such a zoom feature.” (Remarks page 11). The Examiner respectfully disagrees and notes that while the applicant utilizes the a display device to “zoom in on a region surrounding a particular square”, the claim language fails to detail an actual “zoom” process. Rather the “zoom” of the claims amounts to a focusing on a particular selected number square. This is evidenced by the Applicants own specification in relation to Applicant’s Fig 5A and 5B. The Examiner notes that according to the specification and the figures of the application, specifically Fig 5A and 5B, the limitation of “zoom in a region surrounding the particular square, amounts to a separate display of selected squares, see Fig 5B which depicts a separate screen comprising not an enlarged original game board comprising the squares, but an entirely new and different display of a “Selected Square” that shows 9 rectangular boxes with rounded corners with the words “Rtorre”, “naza” and the number “24” along with “confirm” and “cancel”. Vostoris anticipates this type of “zoom” in that Vostoris also discloses a displaying of a listing or a graphical representation of selected numbers on portion of a display wherein a user can view or review and confirm their selections prior to confirming them.) (Vostoris 0022, 0023). The Examiner maintains the rejection.
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 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
10/13/2025
/KANG HU/ Supervisory Patent Examiner, Art Unit 3715