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 USC § 101 because the claimed invention is directed to non-statutory subject matter.
Subject Matter Eligibility Standard
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas include fundamental economic practices; certain methods of organizing human activities; an idea itself; and mathematical relationships/formulas. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. (2014).
Analysis
Based upon consideration of all of the relevant factors with respect to the claim as a whole, claim(s) 1, 9 and 17 held to claim an abstract idea, and is/are therefore rejected as ineligible subject matter under 35 U.S.C. 101. The rationale for this finding is explained below:
Claims 1, 9 and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “generating using a server platform a feed of relevant past and upcoming events for each user profile based on the preference data and the at least one associated geolocation of the user profile, and the geolocation associated with the past and upcoming events.”
The limitations of “a server platform generating user profiles for users based on inputs from a plurality of user devices, the user profiles including preference data and at least one associated geolocation; the server platform updating user profiles with game statistics from previous sporting events; the server platform receiving commands from one or more event host user profiles to generate one or more sporting events, and wherein each of the one or more sporting events are associated with a geolocation and a time; the server platform generating a feed of relevant past and upcoming events for each user profile based on the preference data and the at least one associated geolocation of the user profile, and the geolocation associated with the past and upcoming events; a query module of the server platform receiving search criteria input from the plurality of user devices and returning a list of sporting events relevant to the search criteria input; the server platform receiving requests from player user profiles to join the one or more sporting events; the server platform transmitting notifications to the one or more event host user profiles regarding the requests to join the one or more sporting events; the server platform receiving the requests to join the one or more sporting events only if the player user profiles meet one or more preestablished requirements associated with the one or more sporting events; the server platform generating a map interface on the plurality of user devices, wherein the geolocations associated with the one or more sporting events are visually overlaid on the map interface; and a wager module of the server platform receiving wager criteria corresponding to one or more wagers relating to the one or more sporting events and automatically generating smart contracts enforcing transfer of funds between two or more wagering user profiles upon when the wager criteria are met” as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “a processor,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “a processor” language, “generating, updating, receiving and transmitting” in the context of this claim encompasses generating using a server platform a feed of relevant past and upcoming events for each user profile based on the preference data and the at least one associated geolocation of the user profile, and the geolocation associated with the past and upcoming events. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas.
The additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does 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 using a processor to perform both the ranking and determining steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See references cited on PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD LANEAU whose telephone number is (571)272-6784. The examiner can normally be reached on Mon-Thu 6-4:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David L Lewis can be reached on 5712727673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ronald Laneau/
Primary Examiner, Art Unit 3715