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 1-23 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 1-23 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 gaming system comprising:
a plurality of gameplay stations including at least a first gameplay station and a second gameplay station, each of the plurality of gameplay stations being configured to provide wagering in one or more gaming forms, and
a gaming server in communication connection with each of the plurality of gameplay stations, wherein a memory storage of each of the gameplay stations has instructions stored thereon that, upon execution thereon by the processor, configure the gameplay station to perform the following to provide a wagering game receive payment for a wager through the payment device;
transfer the wager to one or more common better pool of a pari-mutuel wagering system;
wherein the gaming server is configured to establish a time-limited seed used to initialize a selection of a first plurality of events;
distribute the time-limited seed at least to the first gameplay station and to the second gameplay station;
receive a first gameplay request from the first gameplay station and a second gameplay request from the second gameplay station, wherein gameplay requests from the plurality of gameplay stations are accepted for the first plurality of events for a limited time period;
identify the first plurality of events pending at the gaming server and attaching the first gameplay request and the second gameplay request to the first plurality of events, the events pending at the gaming server being activated or deactivated in a time-dependent manner based on the limited time period; and
communicate event data about the first plurality of events to each of the first gameplay station and the second gameplay station, wherein the gaming system is configured, at the gaming server or at one or more of the plurality of respective gameplay stations, to retrieve data relating to the plurality of events;
create a first wager card corresponding to the first gameplay station and a second wager card corresponding to the second gameplay station;
create a first event card indicative of the outcome of the each of the first plurality of events;
create a first binary scorecard by comparing the first wager card to the first event card, said first binary scorecard corresponding to a first award level of a plurality of award levels;
create a second binary scorecard by comparing the second wager card to the first event card, said second binary scorecard corresponding to a second award level of a plurality of award levels;
determine a first reward value based on the first award level corresponding to the first binary scorecard; and
determine a second reward value based on the one of the second award level corresponding to the second binary scorecard.
Claim 21 recite the steps of a method for conducting a wagering game, the method comprising:
providing a gaming server, the gaming server being in communication connection with a plurality of gameplay stations, each of the plurality of gameplay stations being configured to provide wagering in one or more gaming forms, the plurality of gameplay stations including at least a first gameplay station and a second gameplay station;
establishing by the gaming server a time-limited seed used to initialize a selection of a first plurality of events;
distributing by the gaming server the time-limited seed at least to the first gameplay station and to the second gameplay station;
receiving by the gaming server a first gameplay request from the first gameplay station and a second gameplay request from the second gameplay station, wherein gameplay requests from the plurality of gameplay stations are accepted for the first plurality of events for a limited time period;
identifying by the gaming server the first plurality of events pending at the gaming server and attaching the first gameplay request and the second gameplay request to the first plurality of events, the events pending at the gaming server being activated or deactivated in a time-dependent manner based on the limited time period;
communicating by the gaming server event data about the first plurality of events to each of the first gameplay station and the second gameplay station;
retrieving data relating to the plurality of events;
creating a first wager card corresponding to the first gameplay station and a second wager card corresponding to the second gameplay station;
creating a first event card indicative of the outcome of the each of the first plurality of events;
creating a first binary scorecard by comparing the first wager card to the first event card, said first binary scorecard corresponding to a first award level of a plurality of award levels;
creating a second binary scorecard by comparing the second wager card to the first event card, said second binary scorecard corresponding to a second award level of a plurality of award levels;
determining a first reward value based on the first award level corresponding to the first binary scorecard; and
determine a second reward value based on the one of the second award level corresponding to the second binary scorecard.
Claim 23 recite the steps of a method for conducting a wager, the method comprising:
receiving a first gameplay request from a first gameplay station at a gaming server;
identifying a first plurality of events pending at the gaming server and attaching the first gameplay request to the first plurality of events;
creating a first event card comprising an ordered ranking of participants for each of the first plurality of events;
communicating event data about the first plurality of events to the first gameplay station for facilitating creation of a first wager card at the first gameplay station, said first wager card comprising a predicted ranking of participants for each of the first plurality of events;
creating a first binary scorecard by comparing the first wager card to the first event card, said first binary scorecard corresponding to one of a plurality of award levels;
determining a first reward value based on the one of the plurality of award levels corresponding to the first binary scorecard.
The claim limitations (as underlined above) are steps 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). Thus, some interactions between a person and a computer (for example a method of a messaging application that a person conducts using a mobile phone) may fall within this grouping.
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.
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 1-23 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 1-23 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,948,434. Although the claims at issue are not identical, they are not patentably distinct from each other because the independent claim 1 (for instance) of the instant application includes at least most of the limitations, aside from slight difference in wording, of the US patent 11,948,434 limitations (as evident in the comparison table below). Furthermore, one skilled in the art would understand and recognize that they both disclose similar limitations including a gaming system comprising: a plurality of gameplay stations including at least a first gameplay station and a second gameplay station, each of the plurality of gameplay stations being configured to provide wagering in one or more gaming forms, and a gaming server in communication connection with each of the plurality of gameplay stations, wherein a memory storage of each of the gameplay stations has instructions stored thereon that, upon execution thereon by the processor, configure the gameplay station to perform the following to provide a wagering game receive payment for a wager through the payment device; transfer the wager to one or more common better pool of a pari-mutuel wagering system; wherein the gaming server is configured to establish a time-limited seed used to initialize a selection of a first plurality of events; distribute the time-limited seed at least to the first gameplay station and to the second gameplay station; receive a first gameplay request from the first gameplay station and a second gameplay request from the second gameplay station, wherein gameplay requests from the plurality of gameplay stations are accepted for the first plurality of events for a limited time period; identify the first plurality of events pending at the gaming server and attaching the first gameplay request and the second gameplay request to the first plurality of events, the events pending at the gaming server being activated or deactivated in a time-dependent manner based on the limited time period; and communicate event data about the first plurality of events to each of the first gameplay station and the second gameplay station, wherein the gaming system is configured, at the gaming server or at one or more of the plurality of respective gameplay stations, to retrieve data relating to the plurality of events; create a first wager card corresponding to the first gameplay station and a second wager card corresponding to the second gameplay station; create a first event card indicative of the outcome of the each of the first plurality of events; create a first binary scorecard by comparing the first wager card to the first event card, said first binary scorecard corresponding to a first award level of a plurality of award levels; create a second binary scorecard by comparing the second wager card to the first event card, said second binary scorecard corresponding to a second award level of a plurality of award levels; determine a first reward value based on the first award level corresponding to the first binary scorecard; and determine a second reward value based on the one of the second award level corresponding to the second binary scorecard (see claim 1 of U.S. Patent No. 11,948,434).
The following claim chart shows the claim-to-claim comparison between independent claims 1 from both applications.
18/598,248
11,948,434
1. A gaming system comprising: a plurality of gameplay stations including at least a first gameplay station and a second gameplay station, each of the plurality of gameplay stations being configured to provide wagering in one or more gaming forms, and a gaming server in communication connection with each of the plurality of gameplay stations, wherein a memory storage of each of the gameplay stations has instructions stored thereon that, upon execution thereon by the processor, configure the gameplay station to perform the following to provide a wagering game receive payment for a wager through the payment device;
transfer the wager to one or more common better pool of a pari-mutuel wagering system; wherein the gaming server is configured to establish a time-limited seed used to initialize a selection of a first plurality of events;
distribute the time-limited seed at least to the first gameplay station and to the second gameplay station;
receive a first gameplay request from the first gameplay station and a second gameplay request from the second gameplay station, wherein gameplay requests from the plurality of gameplay stations are accepted for the first plurality of events for a limited time period;
identify the first plurality of events pending at the gaming server and attaching the first gameplay request and the second gameplay request to the first plurality of events, the events pending at the gaming server being activated or deactivated in a time-dependent manner based on the limited time period; and
communicate event data about the first plurality of events to each of the first gameplay station and the second gameplay station, wherein the gaming system is configured, at the gaming server or at one or more of the plurality of respective gameplay stations, to retrieve data relating to the plurality of events;
create a first wager card corresponding to the first gameplay station and a second wager card corresponding to the second gameplay station;
create a first event card indicative of the outcome of the each of the first plurality of events;
create a first binary scorecard by comparing the first wager card to the first event card, said first binary scorecard corresponding to a first award level of a plurality of award levels;
create a second binary scorecard by comparing the second wager card to the first event card, said second binary scorecard corresponding to a second award level of a plurality of award levels;
determine a first reward value based on the first award level corresponding to the first binary scorecard; and
determine a second reward value based on the one of the second award level corresponding to the second binary scorecard.
21. A method for conducting a wagering game, the method comprising:
providing a gaming server, the gaming server being in communication connection with a plurality of gameplay stations, each of the plurality of gameplay stations being configured to provide wagering in one or more gaming forms, the plurality of gameplay stations including at least a first gameplay station and a second gameplay station;
establishing by the gaming server a time-limited seed used to initialize a selection of a first plurality of events;
distributing by the gaming server the time-limited seed at least to the first gameplay station and to the second gameplay station;
receiving by the gaming server a first gameplay request from the first gameplay station and a second gameplay request from the second gameplay station, wherein gameplay requests from the plurality of gameplay stations are accepted for the first plurality of events for a limited time period;
identifying by the gaming server the first plurality of events pending at the gaming server and attaching the first gameplay request and the second gameplay request to the first plurality of events, the events pending at the gaming server being activated or deactivated in a time-dependent manner based on the limited time period;
communicating by the gaming server event data about the first plurality of events to each of the first gameplay station and the second gameplay station;
retrieving data relating to the plurality of events;
creating a first wager card corresponding to the first gameplay station and a second wager card corresponding to the second gameplay station;
creating a first event card indicative of the outcome of the each of the first plurality of events;
creating a first binary scorecard by comparing the first wager card to the first event card, said first binary scorecard corresponding to a first award level of a plurality of award levels;
creating a second binary scorecard by comparing the second wager card to the first event card, said second binary scorecard corresponding to a second award level of a plurality of award levels;
determining a first reward value based on the first award level corresponding to the first binary scorecard; and
determine a second reward value based on the one of the second award level corresponding to the second binary scorecard.
23. A method for conducting a wager, the method comprising: receiving a first gameplay request from a first gameplay station at a gaming server;
identifying a first plurality of events pending at the gaming server and attaching the first gameplay request to the first plurality of events;
creating a first event card comprising an ordered ranking of participants for each of the first plurality of events; communicating event data about the first plurality of events to the first gameplay station for facilitating creation of a first wager card at the first gameplay station, said first wager card comprising a predicted ranking of participants for each of the first plurality of events;
creating a first binary scorecard by comparing the first wager card to the first event card, said first binary scorecard corresponding to one of a plurality of award levels;
determining a first reward value based on the one of the plurality of award levels corresponding to the first binary scorecard.
1. A historical horse racing (HHR) gaming system comprising: a plurality of gameplay stations including at least a first gameplay station and a second gameplay station, and a gaming server in communication connection with each of the plurality of gameplay stations, wherein each of the plurality of gameplay stations is a dedicated historical horse racing (HHR) gaming machine that includes a payment device, a display system including a first display portion and a second display portion, an input system including at least one input device, a processor, a memory storage, a housing that houses the display system, the input system, the processor, and the memory storage of the HHR gaming machine, wherein the memory storage of each of the gameplay stations has instructions stored thereon that, upon execution thereon by the processor, configure the gameplay station to perform the following to provide a HHR wagering game receive payment for a wager through the payment device;
transfer the wager to one or more common better pool of a pari-mutuel wagering system; wherein the gaming server is configured to establish a time-limited seed used to initialize a selection of a first plurality of events;
distribute the time-limited seed at least to the first gameplay station and to the second gameplay station;
receive a first gameplay request from the first gameplay station and a second gameplay request from the second gameplay station, wherein gameplay requests from the plurality of gameplay stations are accepted for the first plurality of events for a limited time period;
identify the first plurality of events pending at the gaming server and attaching the first gameplay request and the second gameplay request to the first plurality of events, the events pending at the gaming server being activated or deactivated in a time-dependent manner based on the limited time period;
communicate event data about the first plurality of events to each of the first gameplay station and the second gameplay station; wherein the HHR gaming system is configured, at the gaming server or the respective gameplay stations, to retrieve historical race data from a historical horse race database, the retrieved historical race data relating to each of the first plurality of events from the historical horse race database;
create a first wager card and a second wager card, the first wager card comprising a predicted ranking from the first gameplay station of one or more participants for each of the first plurality of events and the second wager card comprising a predicted ranking from the second gameplay station of one or more participants for each of the first plurality of events;
create a first event card that includes an ordered ranking of one or more participants for each of the first plurality of events;
create a first binary scorecard by comparing the first wager card to the first event card, said first binary scorecard corresponding to a first award level of a plurality of award levels;
create a second binary scorecard by comparing the second wager card to the first event card, said second binary scorecard corresponding to a second award level of a plurality of award levels;
determine a first reward value based on the first award level corresponding to the first binary scorecard; and
determine a second reward value based on the one of the second award level corresponding to the second binary scorecard.
16. A method for conducting a wager based on historical horse racing (HHR), the method comprising:
providing a gaming server, the gaming server being in communication connection with a plurality of gameplay stations, each of the plurality of gameplay stations being a dedicated historical horse racing (HHR) gaming machine, and the plurality of gameplay stations including at least a first gameplay station and a second gameplay station;
establishing by the gaming server a time-limited seed used to initialize a selection of a first plurality of events;
distributing by the gaming server the time-limited seed at least to the first gameplay station and to the second gameplay station;
receiving by the gaming server a first gameplay request from the first gameplay station and a second gameplay request from the second gameplay station, wherein gameplay requests from the plurality of gameplay stations are accepted for the first plurality of events for a limited time period;
identifying by the gaming server the first plurality of events pending at the gaming server and attaching the first gameplay request and the second gameplay request to the first plurality of events, the events pending at the gaming server being activated or deactivated in a time-dependent manner based on the limited time period;
communicating by the gaming server event data about the first plurality of events to each of the first gameplay station and the second gameplay station;
retrieving historical horse race data from a historical horse race database, the historical horse race data relating to each of the first plurality of events from the historical horse race database;
creating a first wager card and a second wager card, the first wager card comprising a predicted ranking from the first gameplay station of one or more participants for each of the first plurality of events and the second wager card comprising a predicted ranking from the second gameplay station of one or more participants for each of the first plurality of events;
creating a first event card that includes an ordered ranking of one or more participants for each of the first plurality of events;
creating a first binary scorecard by comparing the first wager card to the first event card, said first binary scorecard corresponding to a first award level of a plurality of award levels;
creating a second binary scorecard by comparing the second wager card to the first event card, said second binary scorecard corresponding to a second award level of a plurality of award levels;
determining a first reward value based on the first award level corresponding to the first binary scorecard; and
determining a second reward value based on the one of the second award level corresponding to the second binary scorecard.
20. One or more non-transitory computer-readable media having stored thereon executable instructions that when executed by one or more processors of a historical horse racing (HHR) gaming system including a gaming server in communication connection with a plurality of gameplay stations including at least a first gameplay station and a second gameplay station cause the one or more processors to performing the following: establish by the gaming server a time-limited seed used to initialize a selection of a first plurality of events; distribute by the gaming server the time-limited seed at least to the first gameplay station and to the second gameplay station; receive by the gaming server a first gameplay request from the first gameplay station and a second gameplay request from the second gameplay station, wherein gameplay requests from the plurality of gameplay stations are accepted for the first plurality of events for a limited time period;
identify by the gaming server the first plurality of events pending at the gaming server and attaching the first gameplay request and the second gameplay request to the first plurality of events, the events pending at the gaming server being activated or deactivated in a time-dependent manner based on the limited time period; communicate by the gaming server event data about the first plurality of events to each of the first gameplay station and the second gameplay station; retrieve historical horse race data from a historical horse race database, the historical horse race data relating to each of the first plurality of events from the historical horse race database; create a first wager card and a second wager card, the first wager card comprising a predicted ranking from the first gameplay station of one or more participants for each of the first plurality of events and the second wager card comprising a predicted ranking from the second gameplay station of one or more participants for each of the first plurality of events;
create a first event card that includes an ordered ranking of one or more participants for each of the first plurality of events;
create a first binary scorecard by comparing the first wager card to the first event card, said first binary scorecard corresponding to a first award level of a plurality of award levels; create a second binary scorecard by comparing the second wager card to the first event card, said second binary scorecard corresponding to a second award level of a plurality of award levels;
determine a first reward value based on the first award level corresponding to the first binary scorecard; and determine a second reward value based on the one of the second award level corresponding to the second binary scorecard.
This is an obviousness-type double patenting rejection.
Conclusion
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715