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 .
Claim Objections
Claims 1-5 are objected to because of the following informalities: as the invention is directed towards steps, this appears to be “a ranking method” rather than “A ranking system”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the players" and “the weight” and “the matches”. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the points difference". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the sudden changes". There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. In claim 3, applicant only states that the notation system “expressed the weight in claim #2” without the rest of the ranking system of claim 2. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-5 pass step 1 of the test for eligibility.
As per step 2A prong one, the claims are evaluated to determine whether the claims recite a judicial exception. Representative claim 1 recites, with emphasis added:
A ranking system that is transparent to the players so that players can be notified of the weight of the matches before they play.
A ranking system that is flexible so that match organizers can assign different weight to each individual game including 0 weight using either simple outcome or multiples of the points difference.
A ranking system that uses daily total win/lose results to calculate new raw score based on prior ranking, match weight setting and game results.
A ranking system that uses moving averages to smooth out the sudden changes to a player's ranking
The above underlined portion of representative claim 1 recites a judicial exception because they are mental processes, as all of the steps could be performed entirely with the human mind or with pen and paper as a human could track the rankings of players whether by pen and paper or mentally.
Next, as per step 2A prong two, the claims are evaluated to determine whether the claim as a whole integrates the recited judicial exception into a practical application of the exception.
The elements recited above that are not underlined in representative claim 1 comprise the additional elements. As discussed in more detail below, these additional elements do not integrate the recited judicial exception into a practical application of the exception.
There are no additional elements
Thus, taken alone, the additional elements do not integrate the recited judicial exception into a practical application of the exception. 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.
Next, as per step 2B, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claims amount to significantly more than the exception.
There are no additional elements
Thus, taken alone, the additional elements do not amount to significantly more than the exception. 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.
The dependent claims of [6] are further rejected under 101 for the reasons described above as they simply further define the abstract idea (which makes the abstract idea no less abstract) without adding significantly more or integrating the abstract idea into a practical application.
Thus, taken alone, the additional elements of the dependent claims do not amount to significantly more than the above-identified judicial exception (the abstract idea) and do not integrate the recited judicial exception into a practical application of the exception. 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.
Further, taken alone, the additional elements of the dependent claims 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.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Layton (US 20190314704).
In claim 1, Layton discloses a ranking system that is transparent to the players so that players can be notified of the weight of the matches before they play (paragraphs 81-84 show a K factor, which is a multiplier as per paragraph 77, which is to say a weight, the player would know the weight before the match starts. Further, it is noted by examiner that this language is particularly broad as it is intended use, as applicant is claiming the intended result of the method to a player rather than the particular steps taken to achieve the result)
In claim 2, Layton discloses a ranking system that is flexible so that match organizers can assign different weight to each individual game including 0 weight using either simple outcomes or multiples of the point difference (paragraphs 91-93 discloses that above a certain weight differential the odds of winning was effectively 100% and thus a 0 weight would be applied)
In claim 3, Layton discloses a notation system of three parts that expresses the weight in claim #2 consisting of valid maximum ranking range, weight calculation method, and weight calculation multiplier (paragraphs 77-93 discloses the entirety of the ranking system which has maximum rankings, shows how to calculate the K factor, which is to say the weight, and the calculation multiplier from a weight offset)
In claim 4, Layton discloses a ranking system that uses daily total win/lose results to calculate new raw score based on prior ranking, match weight setting and game result (each win and loss in any day (or week/month/etc) causes a change in the rating of the player by adjusting the old rating by the points won or lost from the results of the most recent match)
In claim 5, Layton discloses a rating system that uses moving averages to smooth out the sudden changes to a player’s ranking (paragraphs 77-93, the score is an average, as your total score is the cumulative rating of all matches)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS HAYNES HENRY whose telephone number is (571)270-3905. The examiner can normally be reached M-F 10-6.
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/THOMAS H HENRY/ Primary Examiner, Art Unit 3715