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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/07/26 has been entered.
Response to Arguments
The previous objection to the Specification has been withdrawn in light of the amendments to the claims, filed 05/07/26.
The previous rejections of claims 4 and 16 under 35 U.S.C. 112(b) have been withdrawn in light of the amendments to the claims, filed 05/07/26.
Applicant’s arguments with respect to the rejections of the claims under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered and are persuasive. Accordingly, the rejections under 35 U.S.C. 102 and 35 U.S.C. 103 have been withdrawn. However, a new ground of rejection has been presented in view of Cohen (U.S. Pub. 2022/0058917 A1), as discussed in detail below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the Specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites in part, “receive, from a streaming device, data associated with a play of a wagering game comprising a game outcome randomly determined by the streaming device, responsive to a determination that a notification event occurs in associated with the data received from the streaming device and a satisfaction of a condition associated with the notification event, automatically generate content associated with an available live stream based on the play of the wagering game”. However, the Specification does not appear to disclose a notification event occurring in association with the data received from the streaming device, wherein the data comprises a game outcome randomly determined by the streaming device, as required by the claim (see Specification, [0018] & [0081-0089], wherein a notification event may occur when a streaming session is initiated (e.g., initiated in general, initiated at a certain streaming device, initiated by a certain user, initiated with wagering by one or more users of client devices), when a streaming session with wagering capabilities by users at client devices is occurring or is about to occur in association with a certain user at a streaming device, when a quantity of users have joined a streaming session, when one or more events have occurred in the live streaming environment (e.g., a system event, a user joining or leaving a stream, a client device joining a wagering session, a designated event that occurred at a client device, a beginning of a wagering session, an ending of a wagering session, an ending of a streaming session, a wagering configuration change), in association with certain information (e.g., session information, summary information, statistical information, interaction information, streaming device wagering information, and/or client device wagering information), or based on the satisfaction of one or more conditions (e.g., satisfaction of certain criteria associated with the user of the client device, the user remote from the client device, the user of the streaming device, the streaming device, and/or the live streaming platform)). Accordingly, claim 1 is rejected for a lack of written description.
Claims 9 and 13 are rejected for the same reasoning.
All dependent claims are rejected by virtue of their dependencies on claims 1, 9, and 13.
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 7 and 19 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 7 recites “The live streaming platform of Claim 1, wherein the content comprises interactive content that enables a placement of a wager in association with the play of the wagering game.” However, claim 1 recites wherein the play of the wagering game comprises a game outcome randomly determined by the streaming device. Thereby, it is indefinite as to how a wager may be placed in association with the play of the wagering game after the game outcome is already determined.
Claim 19 is rejected for the same reasoning.
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 an abstract idea without significantly more.
Regarding claim 13, analyzed as representative claim:
[Step 1] Claim 13 recites in part “A method”, which falls within the “process” statutory category of invention.
[Step 2A – Prong 1] The claim recites a series of steps which can practically be performed through certain methods of organizing human activity (i.e., fundamental economic principles or practices, and/or managing personal behavior or relationships or interactions between people, including social activities, teaching, and following rules or instructions).
Claim 13 recites: 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 comprising a game outcome randomly determined by the streaming device,
responsive to a determination that a notification event occurs in association with the data received from the streaming device and a satisfaction of a condition associated with the notification event, 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) encompass certain methods of organizing human activity – specifically, rules for conducting a wagering game and/or rules for playing a game, which falls within fundamental economic principles or practices and/or managing interaction between people including social activities and following rules or instructions (See MPEP 2106.04(a)(2)(II) & In re Smith, 815 F.3d 816, 818-19, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016) (describing a new set of rules for conducting a wagering game as a "fundamental economic practice")). Accordingly, the claim recites an abstract idea.
[Step 2A – Prong 2] The claim fails to include additional limitations that would integrate the abstract idea into a practical application. The recitations of a “live streaming platform server”, “streaming device”, “processor”, and “device”, are recited at a high level of generality and amount to mere instructions to implement the abstract idea using generic computers/generic computing components and/or generally links the abstract idea to a particular technological environment (i.e., computing environment) (See MPEP 2106.05(f) & (h)). Additionally and/or alternatively, the limitations of receiving data associated with a play of a wagering game, and communicating a notification comprising the generated content are directed to insignificant extra-solution activity (i.e., data gathering and data transmission/display) (See MPEP 2106.05(g)). There is no indication that the combination of elements improves the functioning of a computer or other technology (See MPEP 2106.05(a)), recites a “particular machine” to apply or use the abstract idea(s) (See MPEP 2106.05(b)), recites a transformation of an article to a different thing or state (See MPEP 2106.05(c)), or recites any other meaningful limitation beyond generally linking the use of the judicial exception to a particular technological environment (See MPEP 2106.05(e)). Therefore, the claim is directed to an abstract idea.
[Step 2B] As discussed above with respect to integration of the abstract idea into a practical application, the claim does not further include additional elements that are sufficient to amount to significantly more than the judicial exception. Rather, the additional elements amount to no more than mere instructions to apply the abstract idea using generic computers/computing components, generally link the abstract idea to a particular technological environment, and/or insignificant extra-solution activity.
The Specification further demonstrates that the additional elements of a live streaming platform server, streaming device, processor, and device are recited for their well-understood, routine, and conventional functionality, and which refers to the elements in a manner that indicates that the additional elements are sufficiently well-known that the Specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. 112(a) (see Specification, [0003-0005] (the only paragraphs to mention a “live streaming platform”) “live streaming platform server including a processor, and a memory device that stores a plurality of instructions”; [0021], “In certain embodiments, the streaming device and/or the client device comprises an electronic gaming machine (“EGM”) including, but not limited to, a slot machine, a video poker machine, a video lottery terminal, a terminal associated with an electronic table game, a terminal associated with a live table game, a video keno machine, a video bingo, and/or sports betting terminal”; [0022], “In certain embodiments, the streaming device and/or the client device comprises a component of a gaming establishment management system in communication with an EGM, such as a slot machine interface board (“SMIB”) in communication with an EGM.”; [0023], “In certain embodiments, the streaming device and/or the client device comprises a personal gaming device.”; [0129], “The at least one processor 1010 is any suitable processing device or set of processing devices, such as a microprocessor, a microcontroller-based platform, a suitable integrated circuit, or one or more application-specific integrated circuits (ASICs), configured to execute software enabling various configuration and reconfiguration tasks”). Therefore, claim 13 is not patent eligible.
Independent claim 1 recites a live streaming platform server comprising a processor and memory device configured to perform the limitations of claim 13 described above. However, the additional limitations are recited at a high level of generality such that they do not amount to a particular machine or technical improvement thereof, nor do they represent an improvement in any other technology. Rather, the generic manner in which these additional elements are claimed amount to mere instructions to implement the abstract idea in a computer environment, and/or apply the abstract idea utilizing generic computing components (see further Specification, [0003-0005]; [0021-0023]; [0129-0130], describing the additional elements in a manner that indicates that the additional elements are sufficiently well-known that the Specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. 112(a)). Thus, the additional limitations do not integrate the abstract idea discussed above into a practical application or provide significantly more (i.e., an inventive concept). Accordingly, claim 1 is also not patent eligible.
Claims 2-8 and 14-20 are dependent on claims 1 and 13, respectively, and therefore recite the same abstract idea noted above. While the dependent claims may have a narrower scope than the independent claims, the claims fail to recite additional limitations that would integrate the abstract idea into a practical application or provide significantly more. Therefore, claims 2-8 and 14-20 are also not patent eligible.
Regarding claim 9, analyzed as representative claim:
[Step 1] Claim 9 recites in part “A live streaming platform server”, which is directed to a system.
[Step 2A – Prong 1] The claim recites a series of steps which can practically be performed through certain methods of organizing human activity (i.e., fundamental economic principles or practices, and/or managing personal behavior or relationships or interactions between people, including social activities, teaching, and following rules or instructions).
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 comprising a game outcome randomly determined by a processor of the streaming device,
responsive to a determination that a notification event occurs in association with the data received from the streaming device and a satisfaction of a condition associated with the notification event, communicate, to a client device and at least partially based on the data communicated from the streaming device, a notification of a live stream associated with the wagering game being displayed in association with the streaming device, and
responsive to the determination that the notification event occurs in association with the data received from the streaming device and no satisfaction of the condition associated with the notification event, forgo communicating, to the client device, any notification of the live stream associated with the wagering game being displayed in association with the streaming device.
The claim limitations (as underlined above) encompass certain methods of organizing human activity – specifically, rules for conducting a wagering game and/or rules for playing a game, which falls within fundamental economic principles or practices and/or managing interaction between people including social activities and following rules or instructions (See MPEP 2106.04(a)(2)(II) & In re Smith, 815 F.3d 816, 818-19, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016) (describing a new set of rules for conducting a wagering game as a "fundamental economic practice")). Accordingly, the claim recites an abstract idea.
[Step 2A – Prong 2] The claim fails to include additional limitations that would integrate the abstract idea into a practical application. The recitations of a “live streaming platform server”, “processor”, “memory device”, “streaming device”, and “client device”, are recited at a high level of generality and amount to mere instructions to implement the abstract idea using generic computers/generic computing components and/or generally links the abstract idea to a particular technological environment (i.e., computing environment) (See MPEP 2106.05(f) & (h)). There is no indication that the combination of elements improves the functioning of a computer or other technology (See MPEP 2106.05(a)), recites a “particular machine” to apply or use the abstract idea(s) (See MPEP 2106.05(b)), recites a transformation of an article to a different thing or state (See MPEP 2106.05(c)), or recites any other meaningful limitation beyond generally linking the use of the judicial exception to a particular technological environment (See MPEP 2106.05(e)). Therefore, the claim is directed to an abstract idea.
[Step 2B] As discussed above with respect to integration of the abstract idea into a practical application, the claim does not further include additional elements that are sufficient to amount to significantly more than the judicial exception. Rather, the additional elements amount to no more than mere instructions to apply the abstract idea using generic computing components and/or generally link the abstract idea to a particular technological environment.
The Specification further demonstrates that the additional elements of a live streaming platform server, processor, memory device, streaming device, and client device are recited for their well-understood, routine, and conventional functionality, and which refers to the elements in a manner that indicates that the additional elements are sufficiently well-known that the Specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. 112(a) (see Specification, [0003-0005] (the only paragraphs to mention a “live streaming platform”) “live streaming platform server including a processor, and a memory device that stores a plurality of instructions”; [0021], “In certain embodiments, the streaming device and/or the client device comprises an electronic gaming machine (“EGM”) including, but not limited to, a slot machine, a video poker machine, a video lottery terminal, a terminal associated with an electronic table game, a terminal associated with a live table game, a video keno machine, a video bingo, and/or sports betting terminal”; [0022], “In certain embodiments, the streaming device and/or the client device comprises a component of a gaming establishment management system in communication with an EGM, such as a slot machine interface board (“SMIB”) in communication with an EGM.”; [0023], “In certain embodiments, the streaming device and/or the client device comprises a personal gaming device.”; [0129], “The at least one processor 1010 is any suitable processing device or set of processing devices, such as a microprocessor, a microcontroller-based platform, a suitable integrated circuit, or one or more application-specific integrated circuits (ASICs), configured to execute software enabling various configuration and reconfiguration tasks”; [0130], “at least one memory device 1016, which includes: (1) volatile memory (e.g., RAM 1009, which can include non-volatile RAM, magnetic RAM, ferroelectric RAM, and any other suitable forms); (2) non-volatile memory 1019 (e.g., disk memory, FLASH memory, EPROMs, EEPROMs, memristor-based non-volatile solid-state memory, etc.); (3) unalterable memory (e.g., EPROMs 1008); (4) read-only memory; and/or (5) a secondary memory storage device 1015, such as a non-volatile memory device, configured to store gaming software related information (the gaming software related information and the memory may be used to store various audio files and games not currently being used and invoked in a configuration or reconfiguration). Any other suitable magnetic, optical, and/or semiconductor memory may operate in conjunction with the streaming device and/or the client device of the present disclosure.”). Therefore, claim 9 is not patent eligible.
Claims 10-12 are dependent on claim 9, and therefore recite the same abstract idea noted above. While the dependent claims may have a narrower scope than the independent claim, the claims fail to recite additional limitations that would integrate the abstract idea into a practical application or provide significantly more. Therefore, claims 10-12 are also not patent eligible.
Claim Rejections - 35 USC § 102
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 Cohen (U.S. Pub. 2022/0058917 A1).
Regarding claim 1, Cohen discloses a live streaming platform server (Figs. 2-4; [0013]; [0020]; [0114]) comprising:
a processor (Figs. 2-4; [0004]); and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to (Figs. 2-4; [0004]):
receive, from a streaming device, data associated with a play of a wagering game comprising a game outcome randomly determined by the streaming device (Fig. 1; [0004-0005]; [0013]; [0016-0017], where the gaming system receives event data (e.g., gameplay activity (i.e., when dice are rolled, cards are drawn, wheel is spun, etc.), results of games, etc.) (randomly determined game outcomes)),
responsive to a determination that a notification event occurs in association with the data received from the streaming device and a satisfaction of a condition associated with the notification event, automatically generate content associated with an available live stream based on the play of the wagering game (Fig. 1; [0020]; [0022-0024]; [0030-0031]; [0035], wherein betting options are presented based on the event data obtained from the gaming table and player data (e.g., how much money or credits the player has associated with their player account) (notification event), a wager is obtained based on the betting options (satisfaction of a condition associated with the notification event), and the bet is resolved, wherein a winning outcome causes the player’s account balance to automatically increase), and
communicate, to a device and at least partially based on the data communicated from the streaming device, a notification comprising the generated content (Fig. 1; [0013]; [0020]; [0035], where data representing the outcome of the game and any award is sent to the remote device of the player).
Regarding claim 2, Cohen discloses wherein the device comprises a client device (Figs. 1-3; [0013]; [0020]; [0025], wherein the remote device comprises a player device).
Regarding claim 3, Cohen further discloses wherein the condition is satisfied based on a user of the device being an eligible user ([0021-0023]; [0028]; [0031], wherein the player must log in to become an eligible player to enable game play and place a wager, and/or wherein the wager is obtained provided the player’s account balance can cover the desired wager).
Regarding claim 4, Cohen further discloses wherein the condition is satisfied based on an identity of a user of the streaming device having a designated relationship with an eligible user of the device ([0023], e.g., based on the player’s status (relationship) with the establishment (user of the streaming device)).
Regarding claim 5, Cohen further discloses wherein the condition is satisfied based on a compliance of a parameter of a streaming session associated with the streaming device ([0022-0025]; [0030-0031], e.g., based on the player data and/or gaming table (i.e., risk limits, wager amount, time of day, how busy the table is, etc.)).
Regarding claim 6, Cohen further discloses wherein the condition is satisfied based on a compliance of a game event occurring in association with the streaming device ([0016-0017]; [0023]; [0030-0031]; [0035], e.g., wager placed, gameplay activity, results of games (i.e., outcome, awards), etc.).
Regarding claim 7, Cohen further discloses wherein the content comprises interactive content that enables a placement of a wager in association with the play of the wagering game (Figs. 1 & 3; [0030-0031]; [0035]).
Regarding claim 8, Cohen further discloses wherein the streaming device comprises one of an electronic gaming machine and a slot machine interface board (Figs. 5A-5C; [0005]; [0020]; [0057-0058]; [0060], where the gaming system includes an electronic gaming machine).
Regarding claim 9, Cohen discloses a live streaming platform server (Figs. 2-4; [0013]; [0020]; [0114]) comprising:
a processor (Figs. 2-4; [0004]); and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to (Figs. 2-4; [0004]):
receive, from a streaming device, data associated with a wagering game comprising a game outcome randomly determined by a processor of the streaming device (Fig. 1; [0004-0005]; [0013]; [0016-0017], where the gaming system receives event data (e.g., gameplay activity (i.e., when dice are rolled, cards are drawn, wheel is spun, etc.), results of games, etc.) (randomly determined game outcomes)),
responsive to a determination that a notification event occurs in association with the data received from the streaming device and a satisfaction of a condition associated with the notification event, communicate, to a client device and at least partially based on the data communicated from the streaming device, a notification of a live stream associated with the wagering game being displayed in association with the streaming device (Fig. 1; [0020]; [0022-0024]; [0030-0031]; [0035], wherein betting options are presented to a player (client) device based on the event data obtained from the gaming table and player data (e.g., how much money or credits the player has associated with their player account) (notification event), a wager is obtained based on the betting options (satisfaction of a condition associated with the notification event), and the bet is resolved, wherein a winning outcome causes the player’s account balance to automatically increase), and
responsive to the determination that the notification event occurs in association with the data received from the streaming device and no satisfaction of the condition associated with the notification event, forgo communicating, to the client device, any notification of the live stream associated with the wagering game being displayed in association with the streaming device (device (Fig. 1; [0020]; [0022-0024]; [0030-0031]; [0035], wherein betting options are presented to a player (client) device based on the event data obtained from the gaming table and player data (e.g., how much money or credits the player has associated with their player account) (notification event), but no wager is obtained due to failure of the player’s account balance to satisfy the desired wager, and thereby forgoing notification of any winning outcome of the game to the player device).
Regarding claim 10, Cohen further discloses wherein the wagering game comprises a fist play of a streaming session occurring at the streaming device (Figs. 1 & 3; [0016-0017], e.g., a gameplay activity (i.e., when dice is rolled, when cards are drawn, when a wheel is spun) (first play)).
Regarding claim 11, Cohen further discloses wherein the streaming device comprises one of an electronic gaming machine and a slot machine interface board (Figs. 5A-5C; [0005]; [0020]; [0057-0058]; [0060], where the gaming system includes an electronic gaming machine).
Regarding claim 12, Cohen further discloses wherein the client device comprises one of an electronic gaming machine and a personal gaming device (Figs. 1-2 & 5C; [0020]; [0058], where the remote (player/client) device may be a smartphone, tablet computer, desktop computer, laptop computer, electronic gaming machine, etc. to enable remote-based game play using the remote device).
Regarding claim 13, claim 13 is a method of claim 1 and is thereby rejected for the same reasoning.
Regarding claim 14, claim 14 is a method of claim 2 and is thereby rejected for the same reasoning.
Regarding claim 15, claim 15 is a method of claim 3 and is thereby rejected for the same reasoning.
Regarding claim 16, claim 16 is a method of claim 4 and is thereby rejected for the same reasoning.
Regarding claim 17, claim 17 is a method of claim 5 and is thereby rejected for the same reasoning.
Regarding claim 18, claim 18 is a method of claim 6 and is thereby rejected for the same reasoning.
Regarding claim 19, claim 19 is a method of claim 7 and is thereby rejected for the same reasoning.
Regarding claim 20, claim 20 is a method of claim 8 and is thereby rejected for the same reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. 2021/0243500 A1 – This reference teaches live streaming and card sorting for virtual games, such as Bingo.
U.S. Pub. 2020/0302734 A1 – This reference teaches a system and method for streaming wagering games, wherein qualification for a secondary game is determined at least partially based on a game triggering event which is associated with a play of wagered-on primary game, and where wagering points or credits are accumulated toward eventual participation in the secondary game.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA N BIANCAMANO whose telephone number is (571)272-4280. The examiner can normally be reached M-F: 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol, can be reached at (571)272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSSA N BIANCAMANO/Examiner, Art Unit 3715
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