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 .
Drawings
The drawings are objected to because they depict figures that fail to clearly show the details of the figures. Please see figures that comprise screenshots that are shown in grayscale and are pixelated to the point that what is being shown cannot be clearly seen. For example please see figures 4A and 5. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 9 and 10-16 is/are rejected under 35 U.S.C. 102(a)(2) as being Lutnick et al (US 2010/0124967)
As per claim 1, Lutnick discloses:
A wagering tool that allows a player to make skill-based bets on an upcoming sporting event that is contested between various competitors, and for which there have been similar prior sporting events, (Rather, where applicable, disclosed embodiments may apply to a wide variety of games, contests, sporting events, random events, unknowns, and so on. Where applicable, disclosed embodiments may apply to anything that may be the subject of a bet., para [1530]),
said tool comprising: a pricing module configured to provide the odds for each of said various competitors in a specified, upcoming sporting event, (Determining appropriate odds. In various embodiments, payout ratios may be determined based on a desired average amount to be won by a casino per bet received by the casino (e.g., based on a desired house advantage), on a house advantage of the game within which the event is occurring, and/or based on jurisdictional rules pertaining to allowable house advantages, para [15451),
a searchable, historical events database configured to store relevant information pertaining to said prior sporting events, including the conditions and outcomes for each of said prior sporting events and the performance metrics for each of said competitors in each of said prior sporting events, a forecast module having: (For example, just as a secondary player may search for games having particular characteristics, a secondary player may search for events within a game having particular characteristics, or a secondary player may search for games with particular characteristics so as to bet on events within such games, para [1597]),
(i) a historical portion configured to: (a) search said historical events database to identify from said prior sporting events those which have relevant information that is similar to that for said upcoming sporting event, (Find historical data that matches a current pattern, para [1722]),
(b) analyze said identified, prior, similar sporting events to determine a shared performance metric that is shared by their winners, and (The historical data may be made available for viewing, for searching, for analysis, or for any other use by a player, para [1851 ]),
(c) analyze the performance metrics for each of said competitors in said upcoming sporting event upon to identify the degree to which each of said competitors shares said winner's shared performance metric, (In various embodiments, a viewable record may be created for a primary player. The record may include historical performance metrics for the primary player, para [1937]),
(ii) a predictions portion configured to predict the percentage probability that each of said competitors from said upcoming sporting event will actually do whatever is required to make said bet of said player a winning bet, (These algorithms may be executed by the central processor to provide exact calculations of the odds of specific game events occurring and the associated prizes for a player's correctly predicting the occurrence of one of those events, para [0598]),
a value module configured to compute a value index for each of said competitors from said upcoming sporting event, a searchable index database configured to store said analysis, predictions, and computations of said forecast and value modules, and (Data about historical games may be indexed by different attributes, such as the age of the player or the type of game. Games may thus be searched by attributes, and data about games with attributes desired by a secondary player may be retrieved, para [1495)), and
a user interface configured to allow said player to interact with said wagering tool. (The betting interface may be a graphical user interface, and may include interactive features such as buttons, microphones, touch areas, mice, keyboards, and any other features for receiving designations of a secondary player's bet, para [1543]).
As per claim 2, Lutnick discloses:
further comprising: a score generation module configured to rank order said computed ratios of said percentage probability over said odds for each of said competitors from said upcoming sporting event.(Lutnick discloses a score generation module configured to rank order said computed ratios of said percentage of odds for each of said competitors from said upcoming sporting event (Odds shown for a possible bet may be probability over a set or may be variable depending upon when the bet is registered or when the bet is paid for. For example, a bet on the winner of the Major League Baseball World Series may have 6:1 odds after the regular season and before the baseball playoffs start, 1:1 odds just before the World Series starts, and 1:4 odds after the third game of the Series, para f0339]).
As per claim 3, Lutnick discloses:
a derivative module configured to analyze the outputs of said modules to identify, for said upcoming sporting event, an available bet on a competitor that, because of the returns said available bet offers, could be of interest to said player (At block E204, the bettor reviews the available bets on the website. According to some embodiments, the website may list all or some of the possible bets that may be made. The possible bets that may be shown may be determined according to the bettor's account or betting profile (e.g., possible football bets will not be shown to a bettor not interested in football). Available bets may also be shown based on the historical betting behavior of the bettor, para [0338]. Fig. 17).
As per claim 4, Lutnick discloses:
a derivative module configured to analyze the outputs of said modules to identify, for said upcoming sporting event upon which said player is considering placing a bet, an available bet on a competitor that, because of the returns said available bet offers, could be of interest to said player (At block E204, the bettor reviews the available bets on the website. According to some embodiments, the website may list all or some of the possible bets that may be made. The possible bets that may be shown may be determined according to the bettor's account or betting profile (e.g., possible football bets will not be shown to a bettor not interested in football). Available. bets may also be shown based on the historical betting behavior of the bettor, para [0338], Fig. 17).
As per claim 5, Lutnick discloses:
an events module configured to compile and store relevant information for each of a plurality of events, including the conditions for each of said upcoming sporting events and the performance metrics for each of upcoming sporting said competitors in each of said upcoming sporting events (One system component (e.g., payment system E302) may handle payment by bettors. Another system component (e.g., sports betting system E306) may handle taking and registering bets for one or more events, including sporting event. Yet another system (e.g., payout system E304) may handle making payouts to players, para [0349], Fig. 13).
As per claim 6, Lutnick discloses:
an events module configured to compile and store relevant information for each of a plurality of upcoming sporting events, including the conditions for each of said upcoming sporting events and the performance metrics for each of said competitors in each of said upcoming sporting events (One system component (e.g., payment system E302) may handle payment by bettors. Another system component (e.g., sports betting system E306) may handle taking and registering bets for one or more events, including sporting event. Yet another system (e.g., payout system E304) may handle making payouts to players, para [0349], Fig. 13).
Regarding claim 9, Lutnick discloses:
Wherein said index database further configured to continually update said analysis and predictions as the pricing and the circumstances surrounding said upcoming sporting event change (A window may feature sports scores. A window may feature video feeds, such as video of a sporting event, video of a primary player, video of game table, or any other video, para [0944]. Lutnick further discloses “Odds shown for a possible bet may be set or may be variable depending upon when the bet is registered or when the bet is paid for. For example, a bet on the winner of the Major League Baseball World Series may have 6:1 odds after the regular season and before the baseball playoffs start, 1:1 odds just before the World Series starts, and 1:4 odds after the third game of the Series. For this example, the odds of the registered bet may be determined at the time the bet is registered or at the time the bet is paid for.” Para [0339])
Regarding claim 10, Lutnick discloses:
Wherein said index database further configured to continually update said analysis and predictions as the pricing and the circumstances surrounding said upcoming sporting event change (A window may feature sports scores. A window may feature video feeds, such as video of a sporting event, video of a primary player, video of game table, or any other video, para [0944]. Lutnick further discloses “Odds shown for a possible bet may be set or may be variable depending upon when the bet is registered or when the bet is paid for. For example, a bet on the winner of the Major League Baseball World Series may have 6:1 odds after the regular season and before the baseball playoffs start, 1:1 odds just before the World Series starts, and 1:4 odds after the third game of the Series. For this example, the odds of the registered bet may be determined at the time the bet is registered or at the time the bet is paid for.” Para [0339])
Regarding claim 11, Lutnick discloses:
wherein: said searching of said historical events database uses a trained, convolutional neural network (In various embodiments, a secondary player may be given access to a prediction tool or tools. The prediction tools may allow the secondary player to use a set of known data and to extrapolate possible future occurrences based on the known data. For example, a prediction tool may be able to perform linear regressions, to perform predictions using neural networks, to perform predictions using a set of rules, or to perform predictions in any other fashion, para [1117]).
Regarding claim 12, Lutnick discloses:
wherein: said searching of said historical events database uses a trained, convolutional neural network (In various embodiments, a secondary player may be given access to a prediction tool or tools. The prediction tools may allow the secondary player to use a set of known data and to extrapolate possible future occurrences based on the known data. For example, a prediction tool may be able to perform linear regressions, to perform predictions using neural networks, to perform predictions using a set of rules, or to perform predictions in any other fashion, para [1117]).
Regarding claim 13, Lutnick discloses:
wherein: said user interface having a Wins% portion that displays said predicted percentage probability that each of said competitors from said upcoming sporting event will do whatever is required to make said bet of said player a winning bet (In various embodiments, data about the success of secondary players may be made available to other secondary players. For example, data about what percentage of bets have won for a first secondary player may be made available to a second secondary player, para [1117]).
Regarding claim 14, Lutnick discloses:
wherein: said user interface having a Wins% portion that displays said predicted percentage probability that each of said competitors from said upcoming sporting event will do whatever is required to make said bet of said player a winning bet (In various embodiments, data about the success of secondary players may be made available to other secondary players. For example, data about what percentage of bets have won for a first secondary player may be made available to a second secondary player, para [1117]).
Regarding claim 15, Lutnick discloses:
wherein: said user interface having a Value portion that displays said computed value index for each of said competitors from said upcoming sporting event (In a game of video poker, a list of strategies may be provided for a player. The list of strategies may include corresponding expected winnings for each strategy, and/or may include one or more other statistics for each strategy. The strategies may be sorted by expected value or by some other metric. The player may then select a strategy with one input based on his desired metric, para [1303]).
Regarding claim 16, Lutnick discloses:
wherein: said user interface having a Value portion that displays said computed value index for each of said competitors from said upcoming sporting event (In a game of video poker, a list of strategies may be provided for a player. The list of strategies may include corresponding expected winnings for each strategy, and/or may include one or more other statistics for each strategy. The strategies may be sorted by expected value or by some other metric. The player may then select a strategy with one input based on his desired metric, para [1303]).
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) 7 and 8, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lutnick et al (US 2010/0124967) in view of Williams (US 2019/0340879)
As per claim 7 and 8,
Lutnick fails to disclose:
said value index is computed using the ratio of said percentage probability over said odds for each of said competitors, and said available bets are chosen from the group including “value bets,” “best bets” and “longshot bets.”
However, in a similar field of endeavor, Williams discloses the displaying of competitors that are displayed ranked by winning percentages that takes into account the odds of winning. A user can view the display and determine which bets would be a value bet, a best bet and a longshot based upon the ratio of odds to winning percentages. (Williams 0115)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Lutnick in view of Williams to present a ranking of competitors a user may bet upon based upon winning percentages when comparted to the odds. This would ensure that user can make informed decisions and get the best value depending on what betting strategy they prefer employ.
Claim(s) 17 - 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lutnick et al (US 2010/0124967) in view of Corckran (US 2015/0262452)
Regarding claims 17 and 18, Lutnick fails to disclose:
said user interface having a Win Picks portion for an upcoming sporting event that identifies said competitor that has the highest predicted percentage probability that said competitor will do whatever is required to make a bet of said player a winning bet.
However, in a similar field of endeavor, Corckran teaches a game system that enable a player to wagering on upcoming sport events. The system will analyze historical competitor data and identify and present to the user the competitors that are most favorable to win in terms of ratings (Corckran 0038)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Lutnick in view of Corckran to utilize an interface that displays top picks to a player. This would allow the user to quickly discern without much analyzation by the player, which wagers on competitors may possibly be most successful.
Regarding claim 19 and 20, Lutnick fails to disclose:
said user interface further having an Interesting Picks portion that specifies a competitor identified by said derivative module who, because of the returns said identified competitor offers, could be of interest to said player
However, in a similar field of endeavor, Corckran teaches a game system that enable a player to wagering on upcoming sport events. The system will analyze historical competitor data and identify and present to the user the competitors that are most favorable to win in terms of ratings (Corckran 0038)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Lutnick in view of Corckran to utilize an interface that displays top picks that may be of interest to a player. This would allow the user to quickly discern without much analyzation by the player, which wagers on competitors may possibly be most successful.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROSS A WILLIAMS whose telephone number is (571)272-5911. The examiner can normally be reached Mon-Fri 8am - 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571)270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROSS A. WILLIAMS
Examiner
Art Unit 3714
/Ross A Williams/ Examiner, Art Unit 3715
6/6/2025
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