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 .
Status of Claims
Claims 1 - 12 are amended.
Claims 1 – 20 are pending.
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.
Claim(s) 1 – 3, 7 – 9, 12 - 14 and 18 - 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deguara (US 2018/0174128) in view of Betconnect “Betconnect to offer punters professional gambling tips”, 2019, in view of Fullerton (US4,607,844) in view of Lyons et al (US 2014/0302915)
As per claim 1, Deguara discloses:
a display device (Deguara discloses a display device) (Deguara Fig 3B)
an input device (Deguara discloses an input device) (Deguara Fig 3B)
a processor; and (Deguara discloses a processor and a memory device) (Deguara Fig 3B)
and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to(Deguara discloses a processor and a memory device) (Deguara Fig 3B)
independent of any sporting event wagers being associated with a first user, enable a second user to make an input, via the input device, to follow the first user, and following the second user making the input to follow the first user and responsive to a receipt of data associated with an identification of a first … sporting event wager placed via a first quantity of inputs made by the first user (Degura discloses a service that allows a user such as a secondary bettor to “follow” primary bettors who also use the betting service to advertise their bets. Degura discloses that the both the primary and secondary bettors must each register to use the service by means of creating an account. The primary bettor makes a specific input to give consent to share their bets to be advertised upon the betting service and the secondary better by means of the specific inputs to register for the service (i.e. inputs to create an account, give or deny consent to share bets etc) the secondary bettor is registering and signing up to follow any primary bettors who are advertising their bets upon the betting service. Thus the secondary better are indeed making an definable input to follow other primary bettors and their bets being made) (Degura 0087 – 0098). Deguara discloses a primary bettor making a first wager based upon a first quantity of inputs such as by selecting at least an event to bet upon, a comment and at least an input related to a stake amount) (Deguara 0188-0190)
display, by the display device, the first … sporting event wager, (Degura Fig 5B, s10.3)
enable a placement of the second parlay sporting event wager, and
responsive to a receipt, by the input device, of a second, lower quantity of inputs made by the second user, cause the placement of a second parlay sporting event wager, (Deguara discloses secondary bettor committing to a series of future bets by entering the quantity of consecutive bets, the stake amount (Deguara 00236). The system registers a primary bettors’ inputs of a first quantity of at least three inputs to make a betting selection for each bet, wherein the “The primary bettor 110 transmits an intention to bet by clicking or tapping the odds according to a betting selection for which the primary bettor 110 wishes to bet.” (Deguara 0189), “The primary bettor 110 adds a stake amount (FIG. 10, ref 51) and confirms the bet (FIG. 10, ref 52) by actioning the CONFIRM BET screen button indicated.” (Deguara 0190). As can be seen and understood when this is applied to the example of future bets, the primary bettor must do this for each singular bet made in a series of consecutive bets (i.e. first quantity of inputs) and the secondary better merely commit to a series of future bets by entering the quantity of consecutive bets and the stake amount (second lesser quantity of input. The Examiner notes that if they secondary bettor makes a bet with a lesser quantity of inputs, that by also by extension correlates to the processor also processing less inputs (i.e. making less processor determinations).
wherein first user is entitled to a shared sporting event wager compensation at least partially based on the placement of the second parlay sporting event wager. (Deguara discloses the displaying of compensation to the primary bettor based upon how much remuneration they will receive for a secondary user utilizing their betting picks such as when their bets are used for a series of consecutive future bets) (Deguara 0225 – 0227). Depending on how many different secondary users (i.e. first or second quantities of users making future bets) utilize a primary bettor information, the system will display shared compensation in the form of a returned stake based on enhance odds to the primary user ( Deguara 0225-0227, 0231 - 0234)
Degura fails to disclose the following:
a housing comprising an access door
a security monitoring circuit supported by the housing
when an opening of the access door is detected via the security monitoring circuit following the display of the first parlay sporting event wager
disable any placement of a second parlay sporting event wager, and following at least a closing of the access door detected via the security monitoring circuit
or
that the wager is a parlay type wager.
The Examiner notes that in the event that it could be argues that Degura fails to disclose a specific user input by the secondary bettor to follow a primary bettor independent of any wagers made, the Examiner points to Betconnect. In a similar field of endeavor, Betconnect discloses a system that allows a better to specifically make an input to follow a primary user to copy their bets or wagers (Betconnect page 1).
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Degura in view of Betconnect to utilize a known technique to modify similar devices in the same way to provide a game system that allows a user to specifically follow a user to copy their bets. This would be beneficial as a secondary user would be able to follow a sub-selection of the primary bettors of Degura. This would enable the secondary user to only follow a small number of user and not be inundated with too many betting opportunity notifications.
In a similar field of endeavor, Fullerton disclose the disablement of a game machine upon a game machine access doors being detected as open upon a security signal from a door switch. Fullerton teaches that the machine is disable only while the door is open (Fullerton 3:48 – 58)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Degura in view of Fullerton to utilize a known technique to modify similar devices in the same way to provide a security mechanism that prevents tampering of the user device by disabling operation of the game or wagering based upon detecting that the game device or game machine has been opened and is in an open state. This would be beneficial as the it would ensure that no wagers can possible be placed when a user or a technician needs to access the device for maintenance and would help to ensure the electronics of the device haven’t been tampered with.
However, in a similar field of endeavor, Lyons discloses a wagering system that enables a player to make parlay type wagers (Lyons 0409, claims 4 and 18).
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Deguara in view of Lyons to use a known technique to modify similar devices in the same way by providing a system that enables user to make wagers upon sporting events wherein the wagers are parlay wagers. The use of parlay wagers would be beneficial as an effective way to modify the odds of a user’s wager winning. Further Deguara discloses “The present invention relates to the field of betting technologies, and more particularly electronic betting transactions for sports betting, horse racing, harness racing, greyhound racing and other betting events where there is more than one possible outcome from a race, match, program or scenario. (Deguara 0001). Parlay wagers have been used in horse racing for years as is well-known by one of ordinary skill in the art.
As per claim 2, Deguara discloses:
wherein a portion of the shared sporting event wager compensation is contributed by the first following user. (Deguara discloses a fraction of the secondary bettors stake is used to remunerate the primary bettor) (Deguara 0050).
As per claim 3, wherein the portion is contributed responsive to the placement of the second parlay sporting event wager. (Combination of Deguara and Lyons, wherein Deguara discloses a fraction of the secondary bettor’s stake made in a wager is used to remunerate the primary bettor) (Deguara 0050).
As per claim 7, wherein the first parlay sporting event wager and the second parlay sporting event wager are different parlay sporting event wagers. (Combination of Deguara and Lyons, wherein Deguara discloses a primary and secondary bettor placing wagers, thus the sporting event wagers are different sporting event wagers as they are specific to each player with differing stakes and odds) (Deguara 0050, 0106)
As per claim 8, wherein the data associated with the identification of the first parlay sporting event wager comprises data associated with a placement of the first parlay sporting event wager. (Combination of Deguara and Lyons, wherein Deguara discloses data associated with a primary bettor identifying and placing first wager on a betting event) (Deguara 0036)
As per claim 9, wherein the identification of the first parlay sporting event wager is based on that first parlay sporting event wager satisfying a condition associated with at least one of a sporting event, odds associated with the first parlay sporting event wager, and a payout associated with the first parlay sporting event wager. (Combination of Deguara and Lyons, wherein Deguara discloses data associated with a primary bettor identifying and placing first wager on a betting event that is further associated with odds and a payout) (Deguara 0036, 0039, 0050, 0158)
Independent claim(s) 12 is/are made obvious by the combination of Deguara, Betconnect, Fullerton and Lyons based on the same analysis set forth for claim(s) 1, which are similar in claim scope.
Dependent claim(s) 13 and 14 is/are made obvious by the combination of Deguara, Betconnect, Fullerton and Lyons based on the same analysis set forth for claim(s) 2 and 3, which are similar in claim scope.
Dependent claim(s) 18 - 20 is/are made obvious by the combination of Deguara, Betconnect, Fullerton and Lyons based on the same analysis set forth for claim(s) 7-9, which are similar in claim scope.
Claim(s) 4 – 6 and 15 - 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deguara (US 2018/0174128) in view of Betconnect “Betconnect to offer punters professional gambling tips”, 2019, in view of Fullerton (US4,607,844) in view of Lyons et al (US 2014/0302915) in view of Snow et al (US 2017/0270752)
As per claim 4, Deguara fails to disclose:
wherein the shared sporting event wager compensation comprises a non-monetary compensation.
However in a similar field of endeavor, Snow teaches a game system that compensates a user in the form of non-monetary compensation (Snow 0027)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Deguara in view of Snow to use a known technique to improve similar devices in the same way by compensating user in the form of non-monetary compensation. This would be an effective way for a game establishment to offer awards or compensation while not losing profitability by issuing currency or money.
As per claim 5, wherein the non-monetary compensation comprises at least one of a quantity of player tracking points and a quantity of promotional credits. (Combination of Deguara in view of Snow as applied to claim 4, wherein Snow discloses the use of promo credits and tracking points) (Snow 0027-0028, 0187, 0190).
As per claim 6, wherein the shared sporting event wager compensation comprises an opportunity to randomly win an amount of monetary compensation. (Combination of Deguara in view of Snow as applied to claim 4, wherein Snow discloses the use of awarding further play of a game associated with a random outcome) (Snow 0027-0028, 0187, 0190).
Dependent claim(s) 15-17 is/are made obvious by the combination of Deguara Lyons , Betconnect, Fullerton and Snow based on the same analysis set forth for claim(s) 4-6 respectively, which are similar in claim scope.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deguara (US 2018/0174128) in view of Betconnect “Betconnect to offer punters professional gambling tips”, 2019, in view of Fullerton (US4,607,844)
As per claim 10, Deguara discloses:
a display device (Deguara discloses a display device) (Deguara Fig 3B)
an input device (Deguara discloses an input device) (Deguara Fig 3B)
a processor; and (Deguara discloses a processor and a memory device) (Deguara Fig 3B)
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: (Deguara discloses a processor and a memory device) (Deguara Fig 3B)
responsive to an occurrence of a followed user identification event prior to a placement of a sporting event wager associated with the first user, determine, based on a sporting event wager parameter selected by second user, if a sporting event wager associated with the first user qualifies as a designated sporting event wager, (Deguara disclose a secondary bettor being able to see advertised bets (qualifying wagers) upon an event (Deguara 0192 – 0195), wherein the secondary bettor may follow the primary bettors wager and copy the wager by submitting a back bet) (Deguara 0196). The Examiner notes that regarding the “relationship” between the followed and following users, Deguara discloses a system wherein a primary bettor (i.e. followed user) registers with the game system and explicitly provided consent to share their betting information with secondary bettors (i.e. following users). Deguara also discloses that the secondary bettors (i.e. following users) must also register with the system in order to use the backbetting server (Deguara 0087 – 0098). The Examiner notes that the term “relationship” is not defined in the Applicants specification and further the term carries the definition of “the way in which two or more things or people are connected : the state of being related or interrelated (Mirriam-Webster). The Examiner notes that by virtue of both the primary bettor and the secondary bettor registering to use the backbetting system, they are indeed in a “relationship” with one another wherein this relationship is indeed initiated by the secondary user when they register with the backbetting service.)
following the placement of the first sporting event wager by the first user and responsive to the sporting event wager associated with the first user not qualifying as the designated sporting event wager, enable the second user to make a first quantity of inputs to place the sporting event wager independent of any display of the sporting event wager being associated with the first user, wherein responsive to the second user placing the sporting event wager, no compensation is owed to the first user in association with the placement of the sporting event wager by the second user, and (Deguara discloses that a secondary bettor when presented with potential back bets based upon a primary bettor’s bets, may decide to change the betting selected presented from the primary bettors and choose another outcome in the same event (i.e. the secondary better determines a primary bettor’s selection does not qualify). Deguara discloses “Should a secondary bettor 120 decide to change the betting selection presented, from the primary bettor 120, as displayed in the bet slip, and choose another outcome in the same betting event, a remuneration bet is placed using a fraction of the secondary bettor's stake for a generic account. Winnings from this account can be distributed in the Settle Bets process (s16).” (Deguara 0126). When this happens the primary bettor does not receive remuneration or compensation owed.)
following the placement of the first sporting event wager by the first user via the first quantity of inputs and responsive to the first sporting event wager associated with the first user qualifying as the designated sporting event wager: communicate data which results in a display, by a display device, of the sporting event wager being associated with the first user, and enable the second user to make a second, lower quantity of inputs to place the sporting event wager, and (Deguara discloses a primary bettor making a first wager based upon a first quantity of inputs such as by selecting at least an event to bet upon, a comment and at least an input related to a stake amount (Deguara 0188-0190). Deguara discloses secondary bettor committing to a series of future bets by entering the quantity of consecutive bets, the stake amount (Deguara 00236). The system registers a primary bettors’ inputs of a first quantity of at least three inputs to make a betting selection for each bet, wherein the “The primary bettor 110 transmits an intention to bet by clicking or tapping the odds according to a betting selection for which the primary bettor 110 wishes to bet.” (Deguara 0189), “The primary bettor 110 adds a stake amount (FIG. 10, ref 51) and confirms the bet (FIG. 10, ref 52) by actioning the CONFIRM BET screen button indicated.” (Deguara 0190). As can be seen and understood when this is applied to the example of future bets, the primary bettor must do this for each singular bet made in a series of consecutive bets (i.e. first quantity of inputs) and the secondary better merely commit to a series of future bets by entering the quantity of consecutive bets and the stake amount (second lesser quantity of input. The Examiner notes that if they secondary bettor makes a bet with a lesser quantity of inputs, that by also by extension correlates to the processor also processing less inputs (i.e. making less processor determinations).
wherein responsive to the second user placing the sporting event wager, an amount of compensation is owed to the first user in association with the placement of the sporting event wager by the second user. (Deguara discloses the displaying of compensation to the primary bettor based upon how much remuneration they will receive for a secondary user utilizing their betting picks such as when their bets are used for a series of consecutive future bets) (Deguara 0225 – 0227). Depending on how many different secondary users (i.e. first or second quantities of users making future bets) utilize a primary bettor information, the system will display shared compensation in the form of a returned stake based on enhance odds to the primary user ( Deguara 0225-0227, 0231 - 0234)
Degura fails to disclose the following:
a housing comprising an access door
a security monitoring circuit supported by the housing
when an opening of the access door is detected via the security monitoring circuit following the display of the first sporting event wager: disable any placement of a second sporting event wager, and following at least a closing of the access door detected via the security monitoring circuit,
The Examiner notes that in the event that it could be argued that Degura fails to disclose a specific user input by the secondary bettor to follow a primary bettor independent of any wagers made, the Examiner points to Betconnect. In a similar field of endeavor, Betconnect discloses a system that allows a better to specifically make an input to follow a primary user to copy their bets or wagers (Betconnect page 1).
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Degura in view of Betconnect to utilize a known technique to modify similar devices in the same way to provide a game system that allows a user to specifically follow a user to copy their bets. This would be beneficial as a secondary user would be able to follow a sub-selection of the primary bettors of Degura. This would enable the secondary user to only follow a small number of user and not be inundated with too many betting opportunity notifications.
In a similar field of endeavor, Fullerton disclose the disablement of a game machine upon a game machine access doors being detected as open upon a security signal from a door switch. Fullerton teaches that the machine is disable only while the door is open (Fullerton 3:48 – 58)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Deguara in view of Fullerton to utilize a known technique to modify similar devices in the same way to provide a security mechanism that prevents tampering of the user device by disabling operation of the game or wagering based upon detecting that the game device or game machine has been opened and is in an open state. This would be beneficial as the it would ensure that no wagers can possible be placed when a user or a technician needs to access the device for maintenance and would help to ensure the electronics of the device haven’t been tampered with.
As per claim 11, Deguara discloses:
wherein the sporting event wager associated with the first user qualifies as the designated sporting event wager based on the first user making the first quantity of inputs to place the sporting event wager. (Deguara discloses The system registering a primary bettor’s inputs of a first quantity of at least three inputs to make a betting selection for each bet, wherein the “The primary bettor 110 transmits an intention to bet by clicking or tapping the odds according to a betting selection for which the primary bettor 110 wishes to bet.” (Deguara 0189), “The primary bettor 110 adds a stake amount (FIG. 10, ref 51) and confirms the bet (FIG. 10, ref 52) by actioning the CONFIRM BET screen button indicated” (Deguara 0190). The primary bettors wager based upon those first quantity of inputs is qualified to be advertised to secondary bettors (Deguara 0129, 0191-0195
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 - 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Please see newly amended limitations in view of Betconnect and Fullerton addressing the newly made limitations.
Regarding the rejection of the claims under 35 U.S.C. 101, the Examiner has reviewed the applicants Remarks and the amended claims and withdraws the rejection of the claims under 35 U.S.C. 101 as directed towards Certain Methods of Organizing Human Activity, in view of the amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROSS A WILLIAMS whose telephone number is (571)272-5911. The examiner can normally be reached Mon-Fri 8am - 4pm.
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/RAW/Examiner, Art Unit 3715 8/12/2026
/KANG HU/Supervisory Patent Examiner, Art Unit 3715
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