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 .
This communication is responsive to application No. 18/390,109 filed on 12/20/2023.
Claims 1-30 are currently pending and has been examined.
Information Disclosure Statement
IDSs are considered.
The drawings filed on 12/20/2023 are noted.
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.
7. Claims 1, 10, 18, 23, and all dependent claims are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite the limitation of: “a method for live gaming, comprising: streaming video output from a camera to a display associated with a user device, wherein the video output captures a first field of view comprising a play station”.
The limitation of a method for live gaming, comprising: streaming video output from a camera to a display associated with a user device, wherein the video output captures a first field of view comprising a play station, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claims preclude the steps from practically being performed in the mind. 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 of abstract ideas. Accordingly, claims 1-30 recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claims only recite one additional element – using a device to stream video output from a camera to a display associated with a user device, wherein the video output captures a first field of view comprising a play station; receiving, at the user device, player input to update the video output to a second field of view, wherein the second field of view is within the first field of view to perform both streaming and receiving steps. The device in both steps is recited at a high-level of generality (i.e., as a generic computer facilitating access to live gaming) such that it amounts no more than mere instructions. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
In the instant case, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of determining that the second field of view corresponds to a gaming area on the play station; streaming video output from the play station to the display associated with the user device, wherein the video output from the play station corresponds to a live game; and operating the live game based on gaming input received at the user device. Thus, taken alone, the additional element fails to ensure the claims as a whole amount to significantly more than the judicial exception itself. Accordingly, claims 1-30 are ineligible under 35 U.S.C. 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)(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.
Claims 10-30 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Tangiamo (US PG PUB 2022/0207957).
As per claims 10 and 15-17, Tangiamo discloses a method for live gaming (see., paragraphs 0026 and 0028), comprising:
A play station (see., paragraphs 0005 and 0014); a camera capturing (see., paragraph 0003, item 126) gaming area comprising the play station; an application operating on a user device, the application configured to at least: stream video output from the camera to a display associated with the user device; update the video output based on a player input received at the user device, wherein the updated video output corresponds to a region within the gaming area (see., paragraphs 0005-0014); determine that the region corresponds to a gaming screen on the play station; stream video output from the play station to the display associated with the user device, wherein the video output from the play station corresponds to a live game; and operate the live game based on gaming input received at the user device (see., paragraphs 0005-0052).
As per claim 11, Tangiamo discloses the claimed limitations as stated in claim 10 above, wherein the user device comprises at least one of a phone, a personal computer, or a gaming device (see., paragraph 0029).
As per claim 12, Tangiamo discloses the claimed limitations as stated in claim 10 above, wherein the play station is an electronic table game (ETG) see., paragraphs 0001, 0009, 0047, gaming table 206.
As per claim 13, Tangiamo discloses the claimed limitations as stated in claim 10 above, wherein an external controller connected to the user device configured to perform gameplay operations (see., paragraph 0012).
As per claim 14, Tangiamo discloses the claimed limitations as stated in claims 10 and 13, wherein the external controller a button connectable to the user device via a Universal Serial Bus (USB) see., paragraph 0038, the GUI interface of Tangiamo is capable of functioning as a USB since GUI is a type of user interface that allows users to interact with electronic devices. Furthermore, the USB is an inherent further for the system of Tangiamo.
As per claims 18 and 21-22, Tangiamo discloses a method for live gaming (see., paragraphs 0026 and 0028), comprising:
Stream video output from a camera (see., paragraph 0003, item 126) to a display associated with a user device, wherein the captures a gaming area (see., abstract, paragraphs 0005-0014) comprising a play station (see., paragraphs 0005 and 0014, play station or gaming device); update the video output based on a player input received at the user device, wherein the updated video output corresponds to a region within the gaming area; determine that the region corresponds to a gaming screen on the display station; stream video output from the play station to the display associated with the user device, wherein the video output from the play station corresponds to a live game, and operate the live game based on gaming input received at the user device (see., paragraphs 0005- 0052).
As per claim 19, Tangiamo discloses the claimed limitations as stated in claim 18 above, wherein the live game is at least one of craps, roulette, blackjack, a virtual game, or a table game (see., abstract, paragraph 0012, table game).
As per claim 20, Tangiamo discloses the claimed limitation as stated in claim 18 above, wherein the player input comprises a motion performed on the display associated with the user device, wherein the motion is indicative of a selection of the gaming area on the play station (see., paragraphs 0001, 0009 and 0047).
As per claims 23-30, Tangiamo discloses a method for live gaming (see., paragraphs 0026 and 0028), comprising:
Streaming video output from a camera (see., paragraph 0003, item 126) to a disp0lay associated with a user device, wherein the video captures a first field of view comprising a live gaming event at a gaming location (see., paragraphs 0003, 0006, and 0028); receiving, from the user device, a wager indicative of a predicted outcome of a game cycle associated with the live gaming event; initiating the game cycle based on an action performed by a player or dealer at the gaming location; streaming, in real-time, an outcome of the game cycle; resolving the wager based on the outcome of the game cycle (see., paragraphs 0005-0052).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tangiamo (US Pg Pub 2022/0207957) in view of Nelson Dwayne et al. (US PG Pub 2021/0110632).
As per claims 1-9, Tangiamo discloses a method for live gaming (a method for live gaming, see., paragraphs 0026 and 0028), comprising: steaming video output from a camera to a display associated with a user device, (presenting the video stream from an image capturing device to a display screen associated with an electronic device (user device), see., paragraphs 0019 and 0026), wherein the video output captures a first field of view of a gaming area comprising a play station; determining that the second field of view corresponds to a gaming area on the play station (see., paragraphs 0019-0039); streaming video output from the play station to the display associated with the user device, wherein the video output from the play station corresponds to a live game; and operating the live game based on gaming input received at the user device (see., paragraphs 0019-0049).
Tangiamo does not expressly disclose:
Receiving, from the user device, player input to update the video output to a second field of view, wherein the second field of view is within the first field of view. Nelson discloses receiving, from the gaming device (user device), a placed wager (selection to initiate an action) involving the table games, e.g., video poker, electronic table games, live roulette (gaming machine), see., paragraphs 0039-0040)); and the first field of view to streaming a second field of view to the user device (see., paragraphs 0039-0040).
However, the examiner submits it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Tangiamo’s teachings to include receiving, from the user device, player input to update the video output to a second field of view, wherein the second field of view is within the first field of view as taught by Nelson, to provide a seamless user experience and facilitate activity without interruption.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to PIERRE E ELISCA whose telephone number is (571) 272-6706. The Examiner can normally be reached on Monday -Thursday; 6:30AM- 5:30PM. Hoteler.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Hu Kang can be reached on 571 270 1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PIERRE E ELISCA/Primary Examiner, Art Unit 3715
Prosecution Insights