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 § 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-20 are directed to an abstract idea of organizing human activity. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2a1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Claims 1-9 recite the following.
A system configured for increased efficiency in the conducting of specific first-person shooter video game tournaments and matches having a pay-per-kill feature, said system comprising:
A. a plurality of networked gaming devices in a specific geographic area, each gaming device having a processor, memory and an interface programmed to communicate with a plurality of gaming servers;
B. a plurality of contestant digital portal accounts, said plurality of contestant accounts being accessible on a networked computer system, the said system having a processor, memory, and an interface;
C. at least one gaming server, said at least one gaming server in communication with the said plurality of networked gaming devices, the said at least one gaming server having an application programming interface programmed to communicate with the said plurality of networked gaming devices in a specific geographic area;
D. at least one database server, the said at least one database server having at least one processor, memory, and an application programming interface programmed to communicate with the application programming interface of the at least one gaming server and the said plurality of contestant digital accounts, the said at least one database server having a processor and memory storing computer readable instructions that, when executed by at least one processor of the said at least one database server to cause the system for conducting first-person shooter video game tournaments and matches having a pay-per-kill feature comprising a plurality of networked gaming devices, a plurality of contestant digital accounts, at least one gaming server, and at least one database server, for each of a plurality of steps including
i. verifying each account of the plurality of contestant digital portal accounts;
ii. providing an online lobby for contestants to choose tournaments;
iii. collecting a required entry fee from each account of the plurality of contestant digital portal accounts;
iv. providing a contestant pool for a given tournament or match;
v. organizing contestants into a tournament or match;
vi. establishing communication with the said at least one gaming server;
vii. beginning the match;
viii. using the at least one database server having at least one processor, memory, and an application programming interface programmed to communicate with the application programming interface of the at least one gaming server to record game-based metrics from the match and storing said game based metrics in memory;
ix. reviewing statistics from the match and tallying game metrics;
x. ranking contestant scores based tallied game metrics;
xi. publishing contestant rankings, scores, and prize distribution structure to each of the said contestant portal digital accounts; and
xii. distributing prizes among the said contestant pool according to game metrics.
Claims 10-13 recite the following.
A method for increasing the efficiency of conducting online video game tournaments or matches employing a pay-per-kill feature, said method comprising the steps of:
a. providing a system configured for increased efficiency in the conducting of specific first-person shooter video game tournaments and matches having a pay-per-kill feature, said system comprising:
a. a plurality of networked gaming devices in a specific geographic area, each gaming device having a processor, memory and an interface programmed to communicate with a plurality of gaming servers;
b. a plurality of contestant digital portal accounts, said plurality of contestant accounts being accessible on a networked computer system, the said system having a processor, memory, and an interface;
c. at least one gaming server, said at least one gaming server in communication with the said plurality of networked gaming devices, the said at least one gaming server having an application programming interface programmed to communicate with the said plurality of networked gaming devices in a specific geographic area;
d. at least one database server, the said at least one database server having at least one processor, memory, and an application programming interface programmed to communicate with the application programming interface of the at least one gaming server and the said plurality of contestant digital accounts, the said at least one database server having a processor and memory storing computer readable instructions;
B. receiving, from a participant, user account data which includes each participant's gamer tag name;
C. determining, by the at least one database server, the validity of each user account;
D. receiving, from a participant, user account virtual wallet data which includes access to each participant's financial institution;
E. determining, by the at least one database server, the validity of each user account virtual wallet;
F. receiving, from a participant, an entry fee from a user wallet by depositing funds to the host bank account;
G. receiving, from a participant, data relating to a specific match or tournament;
H. creating, by the at least one database server, a prize pool for each specific gaming tournament;
I. displaying, on a participant's user account, a virtual lobby for specific gaming tournaments;
J. sending, by the at least one database server to each contestant, a link to channel on an instant messaging social platform;
K. displaying each enrolled account in the said specific lobby to create contestant pool for a specific tournament or match;
L. initiating, through the synchronization of the at least one database server and the at least one gaming server, a specific first-person shooter tournament;
M. receiving, through the at least one database server, and the at least one gaming server, an API file from a specific gaming publisher;
N. identifying the enrolled participants against the API file from the specific gaming publisher;
O. completing, through the synchronization of the at least one database server and the at least one gaming server, a specific first-person shooter tournament;
P. processing, through the at least one database server, video game statistics from a completed match;
Q. determining, through the at least one database server, payout amounts for each participant;
R. initiating, through the at least one database server, a waiting period to review video game statistics and certify the match as official; and
S. distributing prize money to specific first-person shooter tournament participants.
Claims 14-20 recite the following.
A method for increasing the efficiency of conducting online video game tournaments or matches employing a pay-per-kill feature, said method comprising the steps of:
A. receiving, from one or more participants, user account data which includes each participant's gamer tag name;
B. determining, through the use of at least one database server, the validity of the said one or more user accounts;
C. receiving, from one or more participants, user account virtual wallet data which includes access to each participant's financial institution;
D. determining, through the use of least one database server, the validity of each user account virtual wallet;
E. receiving, from one or more participants, an entry fee from a user wallet by depositing funds to the host bank account;
F. receiving, from one or more participants, data relating to a specific match or tournament;
G. creating, through the use of least one database server, a prize pool for each specific gaming tournament;
H. displaying, on one or more participants user account interfaces, a virtual lobby for specific gaming tournaments;
I. sending, through the use of at least one database server, to each contestant, a link to channel on an instant messaging social platform;
J. initiating, through the synchronization of the at least one database server and the at least one gaming server, a specific first-person shooter tournament;
K. receiving, through the at least one database server, and the at least one gaming server, an API file from a specific gaming publisher;
L. identifying the enrolled participants against the API file from the specific gaming publisher;
M. completing, through the synchronization of the at least one database server and the at least one gaming server, a specific first-person shooter tournament;
N. processing, through the at least one database server, video game statistics from a completed match;
O. determining, through the at least one database server, payout amounts for each participant;
P. initiating, through the at least one database server, a waiting period to review video game statistics and certify the match as official; and
Q. distributing prize money to specific first-person shooter tournament participants.
The underlined limitations recite an abstract idea of organizing human activity. According to the 2019 Revised Patent Subject Matter Guidelines, organizing human activity includes managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). The interaction encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). The claims recite how a contest is organized which is an organization of human activity.
Step 2a2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration if the claim limitations are directed to a practical application.
Limitations that are indicative of integration into a practical application:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1-20 do not apply a judicial exception to effect a particular treatment, and do not transform or reduce a particular article to a different state or thing.
Claims 1-20 are not directed to an improvement to a function of a computer. There is no improvement to a technical field. In addition, the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way.
The networking of gaming devices, each gaming device having a processor, memory and interface, a plurality of servers, a network computer system, database server, an application programming interface are used to implement or manage the tournament in a computer embodiment. The digital account generally links the abstract idea in an electronic embodiment. The use of a computer generally links the abstract idea to a particular technological environment.
For the reasons as discussed above, the claim limitations are not integrated to a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claim as a whole is analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claims amount to significantly more than the exception.
The claims recite a gaming devices each gaming device having a processor and a memory; a network computer system device having a processor and a memory; gaming servers each server having a processor and a memory, and database server; and memory storing computer readable instructions. Applicant’s specification discloses that the gaming device/platform and server may refer to a computer (paragraphs 37, 45, 48). The memory and network are well known components of a computer or connections of a computer (“any storage device used for storing data accessible a by a computer”, a “plurality of computers and associated devices that may be connected” paragraphs 43-44, 46). As indicated in Applicant’s specification, computer, can be various well known type of computer (PC) or “a general purpose computer”, “one or more general-purpose devices” (paragraph 37). Applicant’s specification also discloses that API is known interface to interact between multiple software applications or mixed hardware-software intermediaries and designed based on an industry standard to ensure interoperability (paragraph 49)
The gaming devices each gaming device having a processor and a memory; a network computer system device having a processor and a memory; gaming servers each server having a processor and a memory, and database server; and memory storing computer readable instructions are well known, conventional components. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
The claim limitations of sending, by the at least one database server to each contestant, a link to channel on an instant messaging social platform; receiving data relating to a specific match, receiving an Api file, amount to transmitting and receiving data. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here).
Claims 2-9, 11-13, 15-20 are directed to who’s hosting the server/tournament, accessing contestant accounts, and transferring funds, using cryptocurrency funds, streaming the results, communicating advertisements, and the type of statistics/metrics calculated for the tournament (eliminated opponents). These limitations. further recite an abstract idea of organizing human activity or managing the tournament electronically (electronically transferring funds, using electronics funds, electronically providing information). Each of the additional elements merely include instructions to implement the abstract idea on a computer, or use a computer as a tool to perform the abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified abstract idea. Looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. The dependent clams merely include limitations that further define the abstract idea and thus don’t make the abstract idea any less abstract. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Pierce (2016/0027260) in view of Hein (US 2010/0075747).
Claim 1. Pierce discloses a system configured for increased efficiency in the conducting of specific first-person shooter video game tournaments and matches having a pay-per-kill feature (shooter game, fps game, survival game, paragraphs 28, 29; and win condition may be a goal such as most kills, paragraphs 31; tournament based on scores, paragraphs 31, 102), said system comprising:
A. a plurality of networked gaming devices (1130 in Fig. 11) in a specific geographic area ((layer have IP address, participation/team may be based on location, player data based on location; paragraphs 21, 22, 26, 46-47, 51, 56, 60)), each gaming device having a processor, memory and an interface programmed (1130 in Fig. 11) to communicate with a plurality of gaming servers (1120 in Fig. 1; paragraphs 122);
B. a plurality of contestant digital portal accounts, said plurality of contestant accounts being accessible on a networked computer system (Account for online portal/using third part services/portal such as Windows Live or Battle.net; paragraph 50), the said system having a processor, memory, and an interface (paragraphs 130-132);
C. at least one gaming server (1120 in Fig. 11), said at least one gaming server in communication with the said plurality of networked gaming devices, the said at least one gaming server having an application programming interface programmed to communicate with the said plurality of networked gaming devices in a specific geographic area (paragraphs 59, 112, 115, 128, 140);
D. at least one database server (data storages 1140 or database memory in server 1120; in Fig. 11; paragraphs 123, 125), the said at least one database server having at least one processor, memory (paragraphs 59, 112, 115, 128, 140, and an application programming interface programmed to communicate with the application programming interface of the at least one gaming server and the said plurality of contestant digital accounts (paragraphs 59, 112, 115, 128, 140), the said at least one database server having a processor and memory storing computer readable instructions that, when executed by at least one processor of the said at least one database server to cause the system for conducting first-person shooter video game tournaments and matches having a pay-per-kill feature comprising a plurality of networked gaming devices, a plurality of contestant digital accounts, at least one gaming server, and at least one database server, for each of a plurality of steps including
i. verifying each account of the plurality of contestant digital portal accounts (Account is verified when user signs in online; paragraphs 50);
ii. providing an online lobby for contestants to choose tournaments (“virtual lobby” “join tournaments”; Available tournaments in paragraph 68, Fig. 9);
iii. collecting a required entry fee from each account of the plurality of contestant digital portal accounts (entrance fee, purchasing credits, buy-in, pay to play tournaments, paragraphs 29, 37, 49-50);
iv. providing a contestant pool for a given tournament or match (total payout to the top player or two number of players, paragraphs 31-32);
v. organizing contestants into a tournament or match (organized by individual, players, teams, and matched or played based on the game format, paragraphs 21, 27-29);
vi. establishing communication with the said at least one gaming server (paragraphs 115, 121, Fig. 11);
vii. beginning the match (310 in Fig. 3; paragraphs 69-70);
viii. using the at least one database server having at least one processor, memory, and an application programming interface programmed to communicate with the application programming interface of the at least one gaming server to record game-based metrics from the match and storing said game based metrics in memory; ix. reviewing statistics from the match and tallying game metrics; x. ranking contestant scores based tallied game metrics (track records, and generate list of player that fulfill win conditions highest score(s) depending on the type of game; steps 312 in Fig. 3; paragraphs 28-29, 31-32, 70, 83-84);
xii. distributing prizes among the said contestant pool according to game metrics (paragraphs 31-32, 38-38, 62, 83-88).
Pierce discloses the claimed invention as discussed above but fails to teach: xi. publishing contestant rankings, scores, and prize distribution structure to each of the said contestant portal digital accounts. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. In an analogous art to gaming tournaments, Hein discloses a system and method for conducting a tournament, in which players are ranked. The player’s aliases current point standing/rankings are posted or displayed with their score along with the prize structure (paragraph 38). This allows players to see where they stand in the tournament and the potential prize they can win. It would have been obvious to one of ordinary skilled in the art before the effective filing date to modify the claimed invention publish contestant rankings, scores, and prize distribution structure to each of the said contestant portal digital accounts in order to provide the predictable result of allowing players to see where they stand in the tournament and the potential prize they can win.
Claim 2. Pierce discloses the system of claim 1 wherein the at least one database server game is configured to specifically tally the number of opponents eliminated in a pay-per-kill tournament (shooter game, fps game, survival game, paragraphs 28, 29; and win condition may be a goal such as most kills, paragraphs 31; tournament based on scores, paragraphs 31, 102).
Claim 3. Pierce discloses the system of claim 1 wherein the at least one gaming server is hosted by a gaming developer (It is noted that the claim limitation of who’s hosting the game servers (i.e. by a gaming developer or a third party) does not further limit the claimed system. Nevertheless, Pierce discloses that the that gaming servers or tournament can be hosted by the gaming developer or third party/operators, developers, sponsors, etc.; paragraphs 18, 29, 33-36, 80.).
Claim 4. Pierce discloses the system of claim 1 wherein the at least one gaming server is hosted by a third-party. (It is noted that the claim limitation of who’s hosting the game servers (i.e. by a gaming developer or a third party) does not further limit the claimed system. Nevertheless, Pierce discloses that the that gaming servers or tournament can be hosted by the gaming developer or third party/operators, developers, sponsors, etc.; paragraphs 18, 29, 33-36, 80.).
Claim 5. Pierce discloses the system of claim 1 wherein the plurality of contestant digital portal accounts can access a financial institution so as to transfer monetary funds to the organizer and conductor of an online video game tournament or match (paragraph 38).
Claim 6. Pierce discloses the system of claim 1 wherein the plurality of contestant digital portal accounts can access a cryptocurrency wallet so as to transfer cryptocurrency funds to the organizer and conductor of an online video game tournament or match (Prize can be virtual currency including bitcoin paid to the user’s wallet; paragraphs 39, 87, 92).
Claim 7. Pierce discloses the system of claim 1 wherein cryptocurrency transactions are recorded in a blockchain (Prize can be virtual currency including bitcoin p[aid to the user’s wallet; paragraphs 39, 87, 92. The transaction of bitcoin is inherently recorded in a blockchain).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Pierce (2016/0027260) in view of Hein (US 2010/0075747) as applied to claim 1 above, and further in view of Thielbar (US 2019/0262717).
Claim 8. Pierce discless the system of claim 1 as discussed above. Pierce also discloses that the at least one database server is capable of streaming the game results of an online video game tournaments and matches to the plurality of customer accounts (allow other players, game develops, spectators, paragraphs 80). However, Pierce fails to teach that the at least one database server is capable of live streaming results of an online video game tournaments and matches to the plurality of customer accounts. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. In an analogous art to video games, Thielbar discloses a system for streamlining and tracking gaming play data of video games. Thielbar discloses real-time game play data or live game data results of a video game tournament is tracked and streamed (paragraphs 8-10, 25, 28, 39, 40, 49, 51-54). This allow players, spectators, streamers, commentators, developers, and sponsors to receive updated information regarding the tournament and engage the tournament and evaluate the players (paragraphs 5-6, 20-21, 31, 33). It would have been obvious to one of ordinary skilled in the art before the effective filing data to modify Pierce’s invention and live stream results of online video game tournaments and matches in order to provide the predictable result of providing users updated information regarding the tournament and allow user to engage the tournament and evaluate the players.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Pierce (2016/0027260) in view of Hein (US 2010/0075747) as applied to claim 1 above, and further in view of Atli (US 2019/0217186).
Claim 9. Pierce discless the system of claim 1 as discussed above but fails to teach that at least one database server is capable of communicating directed advertisements to each of the plurality of contestant portal accounts. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. In an analogous art to video games, Atli discloses a system to play multiplayer video games online (paragraphs 4, 25- 6). Atli discloses that user’s preferences are used to determine an advertisement or other sponsored content to display to the user (paragraphs 46). It would have been obvious to one of ordinary skilled in the art before the effective filing data to modify Pierce’s invention and communicate advertisements to each of the plurality of contestant accounts in order to provide the predictable results of promoting goods and services or other sponsored contents to the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jasson H Yoo whose telephone number is (571)272-5563. The examiner can normally be reached M-F 9am-5pm.
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, Peter Vasat can be reached at 571 270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JASSON H YOO/ Primary Examiner, Art Unit 3715