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 § 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 claims 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 directed to a method and system, which is a statutory category of invention.
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.
The claims recite a judicial exception.
Claim 1 recites a live streaming platform server comprising:
a processor; and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
receive, from a streaming device, data associated with a play of a wagering game, responsive to a determination that a notification event occurs in association with the data received from the streaming device, automatically generate content associated with an available live stream based on the play of the wagering game, and
communicate, to a device and at least partially based on the data communicated from the streaming device, a notification comprising the generated content.
Claim 9 recites a live streaming platform server comprising:
a processor; and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
receive, from a streaming device, data associated with a wagering game being displayed in association with the streaming device, and
prior to communicating, to a client device, any data associated with a live stream based on the wagering game being displayed in association with the streaming device, communicate, to the client device and at least partially based on an enablement of wagering on a play of the wagering game from the client device, a notification comprising content associated with the enablement of wagering on the play of the wagering game being displayed in association with the streaming device.
Claim 13 recites the steps of a method of operating a live streaming platform server, the method comprising:
receiving, from a streaming device, data associated with a play of a wagering game,
responsive to a determination that a notification event occurs in association with the data received from the streaming device, automatically generating, by a processor, content associated with an available live stream based on the play of the wagering game, and
communicating, to a device and at least partially based on the data communicated from the streaming device, a notification comprising the generated content.
The claim limitations (as underlined above) are steps of organizing human activity.
According to the 2019 Revised Patent Subject Matter Guidelines, claims 1-20 set forth and/or describe an abstract idea under the grouping of certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
Claim 1 is directed to providing notification of an event that occurs in association with data associated with play of a wagering game and generating content associated with an available live stream based on the play of the wagering game. Claim 7 depends from claim 1 and recites "wherein the content comprises interactive content that enables a placement of a wager in association with the play of the wagering game." At least claims 1 and 7 are directed to rules for conducting a wagering game, which is an example of "fundamental economic principles or practices". See In re Smith, 815 F.3d 816, 818-19, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016). At least claims 1 and 7 could also be construed to be directed to "rules for playing games", which the court characterized as a certain method of organizing human activity. An example of a claim reciting following rules or instructions is In re Marco Guldenaar Holding B.V., 911 F.3d 1157, 1161, 129 USPQ2d 1008, 1011 (Fed. Cir. 2018). The patentee claimed a method of playing a dice game including placing wagers on whether certain die faces will appear face up. 911 F.3d at 1160; 129 USPQ2d at 1011. The Federal Circuit determined that the claims were directed to the abstract idea of "rules for playing games", which the court characterized as a certain method of organizing human activity. 911 F.3d at 1160-61; 129 USPQ2d at 1011.
The claim limitations (as underlined) recite that a gaming application is initiated and a communication interface with a player is received. The steps of playing a wagering game and managing a wagering game is step of a fundamental economic principle or practice and also step of managing social activities. The abstract idea of organizing human activity includes managing interaction between people including social activities. Therefore, the claim recite an abstract idea of organizing human activity.
Accordingly, the full analysis for subject matter eligibility should have been performed for all of the claims.
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 claim recite one or more processors to perform the abstract idea of managing a game. As indicated in Applicant’s specification, the user device is a general purpose computer. Although not positively claimed as part of the claimed system, the claim indicates that that system is connected to a server, and databases. The server, database, are also used to implement the abstract idea in a computer 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 recites additional limitation of a computer system. These limitations are not positively claimed to be part of the claimed system. Assuming that they were part of the claims system, these limitations in combination with the user terminal is used to transmit and storing (retrieving and providing steps, identify and display information (event information, location, selection options, prizes).
The courts have ruled that storing data in a database and retrieving data from a database is well-known conventional and routine functions of a computer as indicated below.
Electronic recordkeeping, Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 225, 110 USPQ2d 1984 (2014) (creating and maintaining "shadow accounts"); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log).
Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
The steps of identifying events, identifying and displaying available outcomes, providing selection options, are steps of presenting offers. The courts have ruled that a computer to present offers is well-known, routine and convention, or insignificant extra solution activity.
Determining an estimated outcome and setting a price, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; and the claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hedrick et al (US 2015/0228153).
Regarding claims 1, 9, and 13: Hedrick et al discloses a live streaming platform server (see figure 2) comprising: a processor (see paragraph [0008], showing the gaming machine may include a display, a game processor under control of game software); and a memory device that stores a plurality of instructions that, when executed by the processor (see paragraph [0115], showing the game or game module 110a may be installed on a memory accessible to one or more processors of the gaming machine), cause the processor to: receive, from a streaming device, data associated with a play of a wagering game (see paragraph [0008], showing the synching between the mobile device and the gaming machine enables the processor of the gaming machine to receive input from and stream content to the mobile device through the network), responsive to a determination that a notification event occurs in association with the data received from the streaming device (see paragraph [0385], showing push notification is a signal that causes the application to become active), automatically generate content associated with an available live stream based on the play of the wagering game, and communicate, to a device and at least partially based on the data communicated from the streaming device, a notification comprising the generated content (see paragraph [0385], showing a push notification is a signal that causes the application to become active, and can be sent over the internet. Once active, the application may communicate with a server interactively. In this embodiment the server would be connected to the casino).
Regarding claims 2 and 14: Hedrick et al discloses wherein the device comprises a client device (see paragraph [0147], showing the player may request association with a particular EGM using his or her mobile device (i.e., one type of client device)).
Regarding claims 3 and 15: Hedrick et al discloses wherein the notification event occurs based on an opportunity to place a wager on the play of the wagering game from the client device (see paragraph [0390], showing if a low (or high) credit limit is reached, a push notification is sent to the mobile device requesting (or sending) funds).
Regarding claims 4 and 16: Hedrick et al discloses wherein the notification event occurs in association with an initiation of a streaming session from the streaming device (see paragraphs [0153]-[0155], showing the client device may present a notification to the player that the connection request has been allowed and that the remote gaming session may commence shortly).
Regarding claims 5 and 17: Hedrick et al discloses wherein the notification event occurs in association with the play of the wagering game (see paragraphs [0137], [0153]-[0155], showing the client device may present a notification to the player that the connection request has been allowed and that the remote gaming session may commence shortly).
Regarding claims 6 and 18: Hedrick et al discloses wherein the notification event occurs based on an identity of a user of the streaming device (see paragraphs [0153]-[0154], showing the EGM may present a confirmation request on one or more displays of the EGM that may be touched positively by the player before the remote gaming session can commence).
Regarding claims 7 and 19: Hedrick et al discloses wherein the content comprises interactive content that enables a placement of a wager in association with the play of the wagering game (see paragraph [0154], showing the EGM may present a confirmation request on one or more displays of the EGM that may be touched positively by the player before the remote gaming session can commence. For example, the confirmation request may be a pop-up window that may read "Do you want to move your game and credits to be played on your mobile device?" As another example, the confirmation request may be a message that reads: "Do you want to move the game and credits to be played on mobile device: DEVICE NAME'S IPAD?" The player may select "Yes" or "No" on the confirmation request).
Regarding claims 8, 11, and 20: Hedrick et al discloses wherein the streaming device comprises any of an electronic gaming machine and a slot machine interface board (see figure 1B; paragraph [0008], showing the apparatus may be included in the network device or may be a device incorporated into the gaming machine. Associating or "synching" the mobile device with the gaming machine may be facilitated by a short range high frequency wireless communication, such as a near field and/or Bluetooth or Broadband wireless communication links (collectively referred to herein as near field communications or simply "near field"), established between the gaming machine and mobile device).
Regarding claim 10: Hedrick et al discloses wherein the play of the wagering game comprises a first play of a streaming session occurring at the streaming device (see paragraphs [0010], [0016], [0105], showing the gaming machine may include a game display to display outcomes for a wagering game, and a processor to control the play of the wagering game).
Regarding claim 12: Hedrick et al discloses wherein the client device comprises any of an electronic gaming machine and a personal gaming device (see figure 1B; paragraph [0008], showing the apparatus may be included in the network device or may be a device incorporated into the gaming machine. Associating or "synching" the mobile device with the gaming machine may be facilitated by a short range high frequency wireless communication, such as a near field and/or Bluetooth or Broadband wireless communication links (collectively referred to herein as near field communications or simply "near field"), established between the gaming machine and mobile device).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Joao discloses sports betting apparatus and method; Fulk discloses systems and methods for facilitating wagering on e-sports games; Thomas et al discloses sticky wilds feature for tournament gaming for electronic gaming machines and other computing devices.
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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.
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715