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 .
Claim Rejections - 35 USC § 112
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 10 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. Claim 10 merely repeats the subject matter as claim 1 and does not further limit the subject matter of claim 1. 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 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
Claims 1-13 are drawn to a scoring system (machine).
Thus, initially, under Step 1 of the analysis, it is noted that the claims are directed towards eligible categories of subject matter.
Step 2A:
However, under Step 2A, the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea). The claims are directed to the abstract idea of certain methods of organizing human activity.
Let us begin by considering the requirements of each independent claim:
Thus, let us take Claim 1 as exemplary:
1. A scoring system for 1 v 1 competition events using NFC technology, the system comprising:
a plurality of NFC tags set at read only mode, wherein the NFC tag is embedded in an NFC tag carrier, each of the NFC tags contains a unique ID configuration, each one of multiple players participating in the 1 v 1 competition event is assigned by one of the NFC tags, and the NFC tag carrier is attached to body of the player during the event,
an NFC reader connected to a device, the NFC reader being compatible with the NFC tags so that the NFC tags are scannable with the NFC reader to transmit the ID from the NFC tag to a mobile app installed in the device through the NFC reader, and
the mobile app configured to perform operations including:
to register each of the players with the ID of the NFC tag assigned to the player (certain methods of organizing human activity: managing interactions between people including social activities and following rules and instructions such as rules for managing a competition between players),
to record the player's name, the ID, and a score total for each of the players (certain methods of organizing human activity: managing interactions between people including social activities and following rules and instructions such as rules for managing a competition between players),
to communicate with the NFC reader for receiving ID of a winning player during a round of the competition event (certain methods of organizing human activity: managing interactions between people including social activities and following rules and instructions such as rules for managing a competition between players),
to look up the winning player name based on the received ID (certain methods of organizing human activity: managing interactions between people including social activities and following rules and instructions such as rules for managing a competition between players),
to prompt a judge to enter a score point for the winning player (certain methods of organizing human activity: managing interactions between people including social activities and following rules and instructions such as rules for managing a competition between players),
to add the point to the score total of the winning player (certain methods of organizing human activity: managing interactions between people including social activities and following rules and instructions such as rules for scoring and winning a competition between players), and
to display the score totals of the players in a monitor screen of the device.
Under broadest reasonable interpretation, independent claim 1 covers certain methods of organizing human activity, aside from the reference to a generic computer or generic components (e.g. NFC tags/reader, device/display).
The second prong of Step 2A, ask whether the claims recite additional elements that would integrate the abstract idea into a practical application. Here, the abstract idea is not integrated into a practical application. Claim 1 recites the additional elements of NFC tags/reader, a device/display and displaying the score totals of the players in a monitor screen of the device. The NFC tags/reader and device/display are recited at a high level of generality (i.e. a generic computer components performing generic computer functions like displaying data; NFC devices for transmitting data) and do not add any meaningful limitation to the abstract idea because it amounts to simply invoking a computer or other generic components as a tool to perform an existing process in their ordinary capacity. In other words, the claims invoke the NFC tags/reader and device/display merely as tools to execute the abstract idea. Additionally, the additional element of displaying the score totals of the players in a monitor screen of the device is considered insignificant extra-solution activities related to displaying data and do not add any meaningful limitation to the abstract idea.
Step 2B:
Step 2B asks whether a claimed invention which fails Step 2A contains an inventive concept, i.e. significantly more. Independent claim 1 does not include additional elements, when considered individually and in combination, that amount to significantly more than the abstract idea. As discussed above with respect to the integration of the abstract idea into a practical application, the NFC tags/reader and device/display are recited at a high level of generality (i.e. as generic computer components performing generic computer functions like displaying data; NFC devices for transmitting data) and simply amount to mere tools to execute the abstract idea or simply implementing the abstract idea on a computer. The additional elements that were considered insignificant pre-solution or extra-solution activity have been re-analyzed and do not amount to anything more than what is well-understood, routine and conventional. Specifically:
gather[ing] data is well understood, routine, and conventional [MPEP 2106.05(d)]
store[ing] data is well understood, routine, and conventional [MPEP 21060.05(d)]
display[ing] data is well understood, routine, and conventional [MPEP 2106.05(d)]
the combination of these additional elements is also well-known, routine, and conventional: gather[ing] data, store[ing] data, display[ing] data [MPEP 2106.05(d) and MPEP 2106.07(a)]
The combination of additional elements adds nothing that is not already present when considered separately. Therefore, the claims recite an abstract idea without significantly more.
Dependent claims
Claims 2-13 inherit the same abstract idea as claim 1.
Claims 2-13 recite further additional element limitations related to variations in generic devices, managing competition data, and variations in competition rules. These additional elements, under their BRI, fall within the certain methods of organizing human activity grouping(s) of abstract ideas and/or are additional elements that are considered insignificant pre-solution or extra-solution activities, and do not add any meaningful limitation to the abstract idea and do not amount to anything more than what is well-understood, routine and conventional, as would flow naturally from the similar recitations discussed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stephens et al. (US 9,873,031 B2), Lee (US 2022/0323847 A1), Longinotti-Buitoni et al. (US 9,282,893 B2)
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/ALLEN CHAN/Primary Examiner, Art Unit 3715 10/31/2025