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 to response to Application No. 18/435,921 filed on 02/07/2024.
Claims 1-19 are currently pending and has been examined.
The drawings filed on 02/07/2024 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.
6. Claims 1, 10, 15, 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 of conducting a remote athletic competition in real-time based on real-world athletic competition”.
The limitation of conducting a remote athletic competition in real-time based on real-world athletic competition, 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 1-20 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 graphical user interface (GUI) to verify an identity of a remote participant; recording a start time of the remote athletic competition, wherein the start time of the remote athletic competition is substantially equal to a start time of the real-world athletic competition to perform both verifying and recording steps. The processor in both steps is recited at a high-level of generality (i.e., as a generic computer conducting a remote athletic competition in real-time) 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 mapping a location of the remote participant to an estimated location at the location of the remote athletic competition; and displaying the location of the remote participant and the estimated location at the location of the remote athletic competition simultaneously and in real-time using a split screen graphical user interface (GUI); and a location server communicatively coupled to the processor, wherein the location sensor is operable to determine current location data of a remote participant of the remote athletic competition, wherein the processor is operable to determine an estimated position corresponding to the remote athletic competition based on the current location data, and wherein the current location data of a remote participant and the estimated position corresponding to the remote athletic competition are both displayed on the split screen GUI. 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 1-19 are ineligible under 35 U.S.C. 101.
Conclusion
7. 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.
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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.
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/PIERRE E ELISCA/Primary Examiner, Art Unit 3715
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