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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a data storage unit configured to acquire a contest information of a substantial contest to be performed and contest data of the substantial contest after the substantial contest ends, the contest information containing a plurality of contest members engaged in the substantial contest, the contest data comprising a plurality of item data of the plurality of contest members in a plurality of scoring items respectively;
an item selection unit configured to select a specific quantity of the scoring items as a contest ranking item of the contest game;
a plurality of user units configured to be respectively provided for the plurality of players to play and operate the contest game, and be respectively provided for registering, logging in, modifying and storing member data, and the plurality of user units being respectively provided for the plurality of players to create a contest member before the substantial contest is performed, and a contest member list is generated by selecting at least one from a plurality of contest members;
a data calculation unit configured to calculate each of the plurality of item data of the contest ranking item according to a calculation rule, so as to obtain a valuation score, and the data calculation unit configured to count valuation scores of all contest members in each contest member list on the contest ranking item after the substantial contest ends, thereby generating a total score of each contest member list, and ranking according to a magnitude of the total score to generate a contest ranking;
in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-17 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 1-17 recite an abstract idea of organizing human. The claim limitations are not indicative of integration into a practical application and 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 drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
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.
Claims 1-17 recite: a valuation system of game events, providing a contest game for a plurality of players to play, the valuation system of game events comprising:
a data storage unit configured to acquire a contest information of a substantial contest to be performed and contest data of the substantial contest after the substantial contest ends, the contest information containing a plurality of contest members engaged in the substantial contest, the contest data comprising a plurality of item data of the plurality of contest members in a plurality of scoring items respectively;
an item selection unit configured to select a specific quantity of the scoring items as a contest ranking item of the contest game;
a plurality of user units configured to be respectively provided for the plurality of players to play and operate the contest game, and be respectively provided for registering, logging in, modifying and storing member data, and the plurality of user units being respectively provided for the plurality of players to create a contest member before the substantial contest is performed, and a contest member list is generated by selecting at least one from a plurality of contest members;
a data calculation unit configured to calculate each of the plurality of item data of the contest ranking item according to a calculation rule, so as to obtain a valuation score, and the data calculation unit configured to count valuation scores of all contest members in each contest member list on the contest ranking item after the substantial contest ends, thereby generating a total score of each contest member list, and ranking according to a magnitude of the total score to generate a contest ranking; and
a central processing unit connected to the data storage unit, the item selection unit, the plurality of user units and the data calculation unit, the central processing unit configured to process operations of the data storage unit, the item selection unit, the plurality of user units and the data calculation unit to perform transmission and exchange of the contest information, the contest data, the contest ranking item, the valuation score, the member data, the contest member list and the contest ranking, and the central processing unit being configured to execute the following programs of:
acquiring the contest information and creating the contest game;
waiting for the plurality of players to join the contest game;
waiting for the item selection unit to create the contest ranking item;
waiting for the plurality of players to create the contest member list;
waiting for the substantial contest to start until ending;
acquiring the contest data; and
acquiring the contest ranking through the data calculation unit.
The underlined limitations recite an abstract idea of organizing human activity. The claimed limitations recite steps of managing game, and therefore organizing human activity.
Step 2a2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration of whether the claim recites additional elements that are indicative of integration into a practical application.
An additional element or combination of additional elements that are indicative of integrating the abstract idea into a practical application include:
-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
Additional element or combination of additional elements that are not indicative of integration of the abstract idea into a practical application include:
-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 1-17 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 1-17 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 claims do not apply or use the judicial exception in a meaningful way.
The additional elements of: a data storage unit, item selection unit, user inputs, data collection unput and a central processing unit to perform the steps is a generic computer or component of a generic computer used to performed the abstract idea. The additional elements generally links the abstract idea to a computer embodiment.
For the reasons discussed above, the additional elements identified above considered alone and in combination fail to integrate the abstract idea into a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole is analyzed to determine whether any additional element, or combination of additional elements, is sufficient to ensure that the claims amount to significantly more than the exception.
Claims 1-17 recite the additional elements of: a data storage unit, item selection unit, user inputs, data collection unput and a central processing unit to perform the steps. Chen (US 2006/0116208 discloses it is well known in the art for gaming machines to comprise a processor, and memory device to implement a game (paragraph 5).
Dependent claims 2-17 further recite an abstract idea of organizing human activity. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified abstract idea. Looking at the additional elements 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 claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception 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 clams merely include limitations that further define the abstract idea and thus don’t make the abstract idea any less abstract. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
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 1-17 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 claim(s) contains 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:
a data storage unit configured to acquire a contest information of a substantial contest to be performed and contest data of the substantial contest after the substantial contest ends, the contest information containing a plurality of contest members engaged in the substantial contest, the contest data comprising a plurality of item data of the plurality of contest members in a plurality of scoring items respectively;
an item selection unit configured to select a specific quantity of the scoring items as a contest ranking item of the contest game;
a data calculation unit configured to calculate each of the plurality of item data of the contest ranking item according to a calculation rule, so as to obtain a valuation score, and the data calculation unit configured to count valuation scores of all contest members in each contest member list on the contest ranking item after the substantial contest ends, thereby generating a total score of each contest member list, and ranking according to a magnitude of the total score to generate a contest ranking.
The written description fails to disclose the corresponding structure, material, or acts for performing claimed functions (as listed above) and to clearly link the structure, material, or acts to the functions.
Claims 2-17 are rejected by dependency.
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 1-17 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 limitations of,
“a data storage unit configured to acquire a contest information of a substantial contest to be performed and contest data of the substantial contest after the substantial contest ends, the contest information containing a plurality of contest members engaged in the substantial contest, the contest data comprising a plurality of item data of the plurality of contest members in a plurality of scoring items respectively”;
“an item selection unit configured to select a specific quantity of the scoring items as a contest ranking item of the contest game”;
“a data calculation unit configured to calculate each of the plurality of item data of the contest ranking item according to a calculation rule, so as to obtain a valuation score, and the data calculation unit configured to count valuation scores of all contest members in each contest member list on the contest ranking item after the substantial contest ends, thereby generating a total score of each contest member list, and ranking according to a magnitude of the total score to generate a contest ranking”
invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification fails to disclose the structure, components or device used to perform these limitations. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 2-17 are rejected by dependency.
Claim 14 recites, The user units randomly selects a specific quantity of the plurality of scoring items as the contest ranking item. Although the specification discloses that user units randomly selects a specific quantity of the plurality of scoring items as the contest ranking item, there is no description how the user units randomly selects a specific quantity of the plruiaty of scoring items. The user can make selections using the user units (user devices). However, the specification fails to describe how the user units randomly selects a specific quantity of the plurality of scoring items.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 9-17 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 1 is directed to the subject matter of a system. Claim 9, which depends on claim 1, is directed to the subject matter of a method and therefore fails to further limit the subject matter of the system of claim 1. Therefore claim 9 is rejected as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claims 10-17 are rejected by dependency.
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 1-4, 7-12, 15-17 are rejected under 35 U.S.C. 102a1 as being anticipated by Nicholas (US 9,358,469)
Claim 1. Nicholas discloses a valuation system (Fig. 1) of game events, providing a contest game for a plurality of players to play, the valuation system of game events comprising:
a data storage unit (Database(s) in Fig. 1) configured to acquire a contest information of a substantial contest to be performed and contest data of the substantial contest after the substantial contest ends (statistical data of athletes, col. 8:28-39), the contest information containing a plurality of contest members engaged in the substantial contest, the contest data comprising a plurality of item data of the plurality of contest members in a plurality of scoring items respectively (item data, or event data of the player such as point score, rebounds, assists, steals, turnovers, blocks, etc.; col. 11:36-12:4),
an item selection unit configured to select a specific quantity of the scoring items as a contest ranking item of the contest game (select points for teach item; col. 11:36-12:4),
a plurality of user units (users view their computing devices 145 in Fig. 1; col. 10:44-46) configured to be respectively provided for the plurality of players to play and operate the contest game (col. 10:37-55), and be respectively provided for registering, logging in (user register or log in or participate in the contest; cols. 8:40-49), modifying and storing member data, and the plurality of user units being respectively provided for the plurality of players to create a contest member before the substantial contest is performed, and a contest member list is generated by selecting at least one from a plurality of contest members (user select draft members/athletes for the team and modify active and non active players, cols. 8:19-10:64, 18:13-30);
a data calculation unit configured to calculate each of the plurality of item data of the contest ranking item according to a calculation rule, so as to obtain a valuation score, and the data calculation unit configured to count valuation scores of all contest members in each contest member list on the contest ranking item after the substantial contest ends, thereby generating a total score of each contest member list, and ranking according to a magnitude of the total score to generate a contest ranking (steps 225-240 in Fig. 2, col. 11:36-12:4),; and
a central processing unit (105) connected to the data storage unit, the item selection unit, the plurality of user units and the data calculation unit, the central processing unit configured to process operations of the data storage unit, the item selection unit, the plurality of user units and the data calculation unit to perform transmission and exchange of the contest information, the contest data, the contest ranking item, the valuation score, the member data, the contest member list and the contest ranking, and the central processing unit being configured to execute the following programs of:
acquiring the contest information and creating the contest game (i.e. acquire game parameters to begin the contest; cols. 1:43-47, 7:59-8:17);
waiting for the plurality of players to join the contest game (col. 1:43-47);
waiting for the item selection unit to create the contest ranking item (col. 11:36-12:4);
waiting for the plurality of players to create the contest member list (user select draft members/athletes for the team and modify active and non active players, cols. 8:19-10:64, 18:13-30);
waiting for the substantial contest to start until ending; acquiring the contest data (steps 205-220 in Fig. 2); and
acquiring the contest ranking through the data calculation unit (255 in Fig. 2; col. 2:2-9).
Claim 2. Nicholas discloses the valuation system of game events according to claim 1, wherein each of the plurality of contest members is provided with a selection point, and a contest point is required to be paid when the plurality of players create the contest member list, the contest point is a sum of selection points of all contest members in the contest member list (Players are given salary in which the total members/athletes are within the “salary cap”; col. 9:4-25).
Claim 3. Nicholas discloses the valuation system of game events according to claim 2, wherein the data calculation unit generates a contest award point according to a sum of contest points respectively paid by the plurality of players, and the data calculation unit allocates the contest award point to the plurality of players according to the contest ranking (Players are given salary in which the total members/athletes are within the “salary cap”; col. 9:4-25. Player pay the salary or the for each athlete.).
Claim 4. Nicholas discloses the valuation system of game events according to claim 1, wherein the substantial contest is any one selected from ball games, races, athletics, water sports, outdoor sports, winter sports and fighting (col. 8:5-17).
Claim 7. Nicholas discloses the valuation system of game events according to claim 1, wherein the central processing unit wirelessly links the plurality of user units via an internet unit (cols. 6:59-7:9).
Claim 8. Nicholas discloses the valuation system of game events according to claim 7, wherein the plurality of user units are any one selected from smart phones, tablet computers, notebook computers, personal computers and personal digital assistants (cols. 10:13, 19:19-35).
Claims 9-12. See rejection for claims 1-4 above.
Claim 15. Nicholas discloses the valuation method according to claim 9, wherein in the selecting member program S4, the plurality of players select at least one from the plurality of contest members according to a selection rule to create the contest member list (i.e. rule of “salary cap”; col. 9:4-25).
Claim 16. Nicolas discloses The valuation method according to claim 15, wherein the selection rule is not limited to a role character played by the plurality of contest members in the substantial contest (i.e. rule of “salary cap” which does not limit the role; col. 9:4-25).
Claim 17. Nicolas discloses the valuation method according to claim 15, wherein when the contest member list is provided with more than one, the selection rule allows different contest members play a same role character in the substantial contest (different sports can play the same role or same contest; cols. 2:31-38. In addition, user can select a position from players regardless of their position or sports, cols. 3:35-46, 9:45-50).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Nicholas (US 9,358,469) as applied to claims 1, 9 above, and further in view of Kuklok (US 2017/0197151).
Claims 5, 13. Nicholas discloses the claimed invention as discussed but fails to teach that the item selection unit is manipulated via the user unit to designate and select a specific quantity of the plurality of scoring items as the contest ranking items. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. In an analogous art to fantasy sports systems, Kuklok discloses a in which the fantasy sports contest is score according various items/categories (paragraph 11). Kuklok discloses the system allows a user to select a plurality of scoring categories (paragraph 11). This allow users to play a contest that is customized to their preference. It would have been obvious to one of ordinary skilled in the art to modify Nicholas’ invention and select a specific quantity of the plurality of scoring items as the contest ranking items in order to provide the predictable result of allowing the user to customized contest.
Conclusion
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/JASSON H YOO/ Primary Examiner, Art Unit 3715