The 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 .
The Applicant’s argument received on 12/01/2025 has been considered. The Terminal Disclaimer received on 12/01/2025 has been considered.
Claim Rejections - 35 USC § 102
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
4. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
5. Claims 1-19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Colvin et al (US 8,647,196).
Regarding claims 1, 16, and 21: Colvin et al discloses a method comprising: providing an entry corresponding to a chance game that comprises an outcome that is based on an external event (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 16, line 63, showing the player may enter the wager and/or may initiate play of the game on a first gaming device 114 and may complete the gameplay on a second gaming device 114. Alternatively, the player plays the game on first gaming device 114 and receives the results of the gameplay (e.g., whether the player won and how much the winnings are) on second gaming device 114. For example, the player may begin playing the game on a kiosk or electronic gaming machine, and may complete the game or view the results of the game on a cell phone. The game completion may be for a game currently being played, or may be for one or more future games (i.e., one or more games that have not yet started. For example, the player may enter sufficient credits or other consideration into gaming device 114 to purchase gameplay for a plurality of future games that use the same player card or that use other preselected or random player cards. The player may then complete one or more of the future games on another gaming device 114 (or any other suitable device) and/or may receive the result of one or more of the future games on another gaming device 114 (or any other suitable gaming device)); determining, based on an outcome of the external event, a chance game characteristic to be applied to the entry for the chance game (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 16, line 63, showing for example, the player may begin playing the game on a kiosk or electronic gaming machine, and may complete the game or view the results of the game on a cell phone. The game completion may be for a game currently being played, or may be for one or more future games (i.e., one or more games that have not yet started); using the chance game characteristic to determine whether to provide a chance game award to a user (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57); and awarding the chance game award based on determining whether to provide the chance game award to the user (see column 17, lines 29-34; claim 21 of Colvin).
Regarding claim 2: Colvin et al discloses wherein the outcome that is based on the external event comprises a first event outcome or a second event outcome that is different from the first event outcome, and wherein, responsive to an occurrence of the first event outcome, the entry corresponding to the chance game is determined to be a winner based on being randomly selected by being drawn from a first plurality of players in the chance game (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 3: Colvin et al discloses wherein, responsive to an occurrence of the second event outcome, the entry corresponding to the chance game is determined to be a winner based on being randomly selected by being drawn from a second plurality of players in the chance game that is different from the first plurality of players (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 4: Colvin et al discloses wherein the first plurality of players is assigned to a first pool of chance game entrants and the second plurality of players is assigned to a second pool of chance game entrants (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 5: Colvin et al discloses wherein a first quantity of the first plurality of players are determined to win the chance game comprising a first prize type, wherein a second quantity of the second plurality of players are determined to with the chance game comprising a second prize type that is different from the first prize type, and wherein the first quantity of the first plurality of players is different from the second quantity of the second plurality of players (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 6: Colvin et al discloses wherein, responsive to the occurrence of the second event outcome, the entry corresponding to the chance game is ineligible for participation in the chance game (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 7: Colvin et al discloses wherein the chance game characteristic comprises a type of prize that is provided to a winner of the chance game (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 8: Colvin et al discloses wherein the entry comprises an instant win lottery ticket that comprises a primary game (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 9: Colvin et al discloses wherein the chance game comprises a second chance game for the instant win lottery ticket, wherein the method further comprises receiving a registration of the instant win lottery ticket for participation in the chance game (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 10: Colvin et al discloses wherein the external event comprises an outcome corresponding to a sporting event (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 11: Colvin et al discloses wherein the entry is provided to a user based on exchanging non-currency points corresponding to a loyalty program (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 12: Colvin et al discloses wherein the entry comprises a digital lottery ticket that comprises a primary game that is accessed on a mobile terminal (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 13: Colvin et al discloses wherein the chance game comprises a second chance game for the digital lottery ticket, wherein the method further comprises receiving a registration of the digital lottery ticket for participation in the chance game (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 14: Colvin et al discloses wherein the external event outcome is unrelated to whether a user wins (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 15: Colvin et al discloses wherein the external event corresponds to a local interest event, and wherein the entry comprises data and graphics that correspond to the local interest event (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 17: Colvin et al discloses wherein the outcome that is based on the external event comprises a first event outcome or a second event outcome that is different from the first event outcome, and wherein, responsive to an occurrence of the first event outcome, the lottery game ticket is determined to be a winner in the chance game based on being randomly selected by being drawn from a first plurality of players in the chance game (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 18: Colvin et al discloses wherein, responsive to an occurrence of the second event outcome, the lottery game ticket is determined to be a winner of the chance game based on being randomly selected by being drawn from a second plurality of players in the chance game, wherein the second plurality of players is different from the first plurality of players (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Regarding claim 19: Colvin et al discloses wherein the primary game and the chance game comprise unrelated outcomes, and wherein the winner of the chance game is based on a random drawing that corresponds to the chance game characteristic (see abstract; figure 14; column 5, lines 10-60; column 8, lines 4 – column 15, line 57).
Response to Arguments
6. Applicant’s arguments, see Applicant Argument/Remarks, filed 12/01/2025, with respect to 35 USC 101 and Obviousness Double Patenting rejection have been fully considered and are persuasive. The 35 USC 101 and Obviousness Double Patenting rejection of claims 1-19 and 21 has been withdrawn.
Applicant's arguments with respect to the 35 USC 102 rejection have been fully considered but they are not persuasive. The applicant argues that Colvin does not teach or suggest entry and outcome based on an external event that is exclusive to the chance game, the examiner disagrees. The examiner points out that column 16, lines 46-63 teaches:
“the player may enter the wager and/or may initiate play of the game on a first gaming device 114 and may complete the gameplay on a second gaming device 114. Alternatively, the player plays the game on first gaming device 114 and receives the results of the gameplay (e.g., whether the player won and how much the winnings are) on second gaming device 114. For example, the player may begin playing the game on a kiosk or electronic gaming machine, and may complete the game or view the results of the game on a cell phone. The game completion may be for a game currently being played, or may be for one or more future games (i.e., one or more games that have not yet started. For example, the player may enter sufficient credits or other consideration into gaming device 114 to purchase gameplay for a plurality of future games that use the same player card or that use other preselected or random player cards. The player may then complete one or more of the future games on another gaming device 114 (or any other suitable device) and/or may receive the result of one or more of the future games on another gaming device 114 (or any other suitable gaming device)”, which the shows that the entry/wager is based on game on the kiosk or on a future game, which the examiner construes as suggesting an event that is not tied to the current game and hence an external/future event. The examiner believes this at least suggests the limitation of wager and outcome based on external event such as a future game that is not the current game being played. Therefore the 35 USC 102 rejection is maintained.
Conclusion
7. THIS ACTION IS MADE FINAL. 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADETOKUNBO OLUSEGUN TORIMIRO whose telephone number is (571)270-1345. The examiner can normally be reached on Mon-Fri (8am - 4pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat, can be reached on (571)270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715