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 .
Applicant’s Submission of a Response
Applicant’s submission of a response on 4/17/2026 has been received and considered. In the response, Applicant elected Group I, Claims 1-18 with traverse. Therefore, Claims 19-20 have been withdrawn from consideration.
Claim Objections
Claim 15 objected to because of the following informalities: Claim 15 discloses “the distributed cache” whereas it should be “the group bet distributed cache”. Appropriate correction is required.
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 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 (What is the statutory category?):
Claims 1-18 are drawn to at least one of the four statutory categories of invention (ie: process, machine, manufacture, or composition).
Step 2A; Prong I (Does the claim recite an abstract idea?):
Claim 1 recites:
A method comprising:
receiving, at a group bet server, an action request from a first user device over a network to perform an action in relation to a group bet record stored in a group bet distributed cache in one or more network-based storage devices, the group bet record being associated with the first user device and at least one additional user device;
transmitting, from the group bet server, a get request to the group bet distributed cache to retrieve the group bet record;
receiving, at the group bet server, the group bet record and a lock, from the group bet distributed cache, based on the group bet distributed cache having determined that the lock is available; and
performing the action, by the group bet server, on the group bet record according to the action request.
[the Examiner submits that the foregoing underlined elements recite certain method of organizing human activity because they describe “fundamental economic principles or practices (including hedging, insurance, mitigating risk)” and/or “commercial or legal interactions (including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations)”]
Step 2A; Prong II (Does the claim recite a practical application?):
The Examiner submits that the additional elements do not amount to significantly more than the abstract idea 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 claims merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than instructions to implement the abstract idea on a computer, or use a computer as tool to perform the abstract idea.
Taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations 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 abstract idea is not integrated into a practical application for the following reasons. The claim elements of claim 1 above that are not underlined constitute additional limitations.
The Examiner submits that the following additional limitation merely uses a computer as a tool to perform the abstract idea: group bet server, user device, group bet distributed cache.
The Examiner finds that there are concepts regarding the application that simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality. For example:
Rehill et al., US 10726678 discloses that it is well known to one of ordinary skill in the graphical user interfaces are arranged to display information regarding a program, software application or other element associated with a computing device (Col 22, lines 44-47);
Fujimaki et al., US 20140114890 discloses that it is well known to one of ordinary skill in the art that a computer includes an input device, a central processing unit (CPU), a storage device (for example, a RAM) for storing data, a program memory (for example, a ROM) for storing a program, and an output device (paragraph 50);
Hafezi, US 20130244787, discloses that it is well-known to one of ordinary skill that game servers and gaming machines can communicate with one another via well-known communication protocols (paragraph 29);
Weitz, US 20030171148, discloses the use of generic game servers (having processors) for implementing online games are well known to one of ordinary skill in the art (Abstract, paragraph 22).
The above helps to suggest that the claimed components are no more than generic well-known components.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations 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; there is no additional element that applies or uses 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; the additional elements merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea; the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Step 2B (Are there additional elements that are “something more” than an abstract idea?):
Dependent Claims 2-18 do not include additional elements that are sufficient to amount to significantly more than the abstract idea 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. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
In addition, with regards to dependent claims, the courts have recognized the computer functions as well-understood, routine, and conventional activities when they are claimed in a merely generic manner (ie: at a high level of generality) or as insignificant extra-solution activity because each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of selecting information, based on types of information, for collection, analysis and display in EPG, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and performing repetitive calculation in Flook, Bancorp.
Therefore, the dependent claims are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Best Applicable Prior Art
The closest prior art, Shipp, US 20250308338, is interpreted as disclosing: A method comprising: receiving, at a group bet server, an action request from a first user device over a network to perform an action in relation to a group bet record stored in a group bet distributed cache in one or more network-based storage devices, the group bet record being associated with the first user device and at least one additional user device
The prior art is interpreted as failing to disclose: transmitting, from the group bet server, a get request to the group bet distributed cache to retrieve the group bet record; receiving, at the group bet server, the group bet record and a lock, from the group bet distributed cache, based on the group bet distributed cache having determined that the lock is available; and performing the action, by the group bet server, on the group bet record according to the action request.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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, Kang Hu can be reached at (571) 270-1344. 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.
/JEFFREY K WONG/Primary Examiner, Art Unit 3715