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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s), using claim 1 as an exemplary claim, A system for enabling game play of a lottery game on mobile device connected to a mobile operator's network comprising: an Engagement Cloud Server operably connected to the mobile operator's network and configured to: send a recruitment message to a plurality of mobile devices connected to the mobile operator's network, the recruitment message comprising: an invitation to play a lottery game; a first actionable option to accept the invitation; and a second actionable option to decline the invitation, wherein the recruitment message is configured to be displayed on a screen of a mobile device; collect one or more responses to the recruitment message, wherein each response comprises a Mobile Station International Subscriber Directory Number ("MSISDN") and an indication whether the first actionable option accepting the invitation or the second actionable option declining the invitation was selected on a mobile device associated with the MSISDN; and send a communication to a Gaming Engine Server comprising a first MSISDN associated with a first mobile device and a first actionable option selected on the mobile device; a Gaming Engine Server operably connected to the Engagement Cloud Server and the mobile operator's network, the Gaming Engine Server configured to: send game content to the first mobile device, the game content comprising a game choice and a cost to play; receive a response message comprising the first MSISDN of the first mobile device, game choice selected on the first mobile device, and mobile device lottery numbers selected on the first mobile device; draw winning lottery numbers or retrieve winning lottery numbers from an established lottery; determine whether the mobile device lottery numbers match the winning lottery numbers; send a winning notification to the first mobile device if the mobile device lottery numbers match the winning lottery numbers, the winning notification comprising a prize amount; and send the prize amount to an Operator Mobile Money Server an Operator Billing Server configured to: access a mobile subscriber account associated with the first MSISDN; determine whether the mobile subscriber account has sufficient funds to pay for the game choice selected on the first mobile device; send a communication to the Gaming Engine Server or the Engagement Cloud server, or both, indicating the mobile subscriber account has sufficient funds to pay for the game choice selected on the first mobile device associated with the MSISDN; and an Operator Mobile Money Server configured to receive a prize amount from the Gaming Engine Server and credit the prize amount to a prize account associated with the first MSISDN, wherein the Engagement Cloud Server, Gaming Engine Server, Operator Billing Server, and Operator Mobile Money Server are operably connected to the mobile operator's network. Each of the underlined portions of the claim above relate to the abstract idea of mental process and/or certain methods of organizing human activity. The limitations relate to mental process in that they are just data gathering and then processing and sending data back. They relate to certain methods of organizing human activity as they are related directly towards business practices of advertising as well as conducting rules for managing a wagering game. This judicial exception is not integrated into a practical application because the claims are merely applied to a technological field, that of mobile networks and servers which is not enough to be a practical application (See MPEP 2106.04(d)). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the only additional elements are servers, mobile devices and networks each of which is a generic computing part which the Supreme Court in Alice determined is insufficient to bring the claims into patent eligibility. All other claims have been evaluated but do not cure the deficiencies of the independent claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 3-7, and 9-21 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US Patent Application Publication No. 2021/0295637 to Ovalle.
With regard to claim 3, Ovalle discloses a method for providing lottery gameplay to a mobile device in a gaming system comprising a gaming engine server, an engagement cloud server, an operator billing server, and an operator mobile money server, the mobile device and the gaming system being operable connected to a mobile operator's network (figs 10-12; 0104; 0246; 0255; 0261); the method comprising the steps of: sending, from the engagement cloud server, a recruitment message to be displayed on a screen of a mobile device, the recruitment message comprising an invitation to play a lottery game and an actionable option to accept the invitation (0328; 0333;0496-0499); sending, from the engagement cloud server to the gaming engine server, a communication comprising the MSISDN of the mobile device *0238; 0333; 0368-0372; 0470; 0496-0499); sending, from the gaming engine server to the mobile device, a first gaming message comprising a game choice and a cost to play (0084; 0103; 0327-0328; 0368-0372; 0470; 9496-0499); upon receipt of a game choice selected on the mobile device, sending, from the gaming engine server to the mobile device, a second gaming message comprising an option to input lottery numbers and an option to select lottery numbers (0333; 0345-0346); upon receipt of inputted or selected lottery numbers, sending, from the gaming engine server to the mobile device, a confirmation message comprising contents confirming the inputted or selected lottery numbers and the cost to play (0333; 0345-0346); at the gaming engine server, generating winning lottery numbers or retrieving winning lottery numbers from an established lottery; and determining whether the inputted or selected lottery numbers match the winning lottery numbers (0337; 0342-0346).
With regard to claim 4, Ovalle discloses sending, from the gaming engine server to the operator billing server, an inquiry to determine sufficiency of funds to pay the cost to play; determining, at the mobile operator billing server, whether a mobile account associated with the mobile device has sufficient funds to pay the cost to play; and sending, from the mobile operator billing server to the gaming engine server, a funds confirmation message indicating the mobile account has sufficient funds to pay the cost to play (0328; 0331; 0339).
With regard to claim 5¸Ovalle discloses sending a notification from the gaming engine server to the mobile device indicating the inputted or selected lottery numbers match the winning lottery numbers and a prize amount; andsending, from the gaming engine server to an operator mobile money server, the prize amount to be credited to a prize account associated with the mobile device (0339-0343).
With regard to claim 6, Ovalle discloses executing a self exclusion process wherein the engagement cloud server receives a self exclusion message from the mobile device, and the engagement cloud server sends the MSISDN of the mobile device and the response to the gaming engine server (0053; 0084; 0101; 0336; 0368).
With regard to claim 7, Ovalle discloses providing a second chance cancel survey by executing the following steps: receiving the MSISDN of the mobile device and screen content from the gaming engine server at the engagement cloud server; sending a cancel survey from the engagement cloud server to the mobile device; receiving a user's survey response from the mobile device at the engagement cloud server; and sending the MSISDN of the mobile device and the user's survey response from the engagement cloud server to the gaming engine server (0321; 0324; 0368; 0470).
With regard to claim 9, Ovalle discloses executing a billing process by executing the following steps: receiving the MSISDN of the mobile device, unique ID, and charge code from the gaming engine server at the operator billing server; transmitting the MSISDN of the mobile device and billing status to the gaming engine server from the operator billing server; sending a SMS message confirming purchase from the operator billing server to the mobile device; and communicating a billing event from the operator billing server to the gaming engine server (0135; 0289-0290; 0328; 0368).
With regard to claim 10, Ovalle discloses executing an intelligent billing process in the event of lack of sufficient funds by executing the following steps: receiving MSISDN of the mobile device, unique ID, and charge code from the gaming engine server at the operator billing server; communicating the MSISDN of the mobile device and the billing status from the operator billing server to the gaming engine server; transmitting a SMS regarding insufficient funds from the operator billing server to the mobile device; receiving a funds response from the mobile device at the operator billing server, wherein the funds response comprises a selection of an alternative game choice; and sending the funds response and billing event from the operator billing server to the gaming engine server (0328; 0368).
With regard to claim 11, Ovalle discloses executing a lottery number generation and player notification process comprising the following steps: sending a billing event from the operator billing server to the gaming engine server; transmitting the MSISDN of the mobile device, lotto numbers options generated, or Get Input Box generated from the gaming engine server to the mobile device; sending instructions for presenting a display screen with Get Input Box or Lotto Number options by communicating information from the engagement cloud server to the mobile device; receiving a selection of number options generated or values of inputted numbers at the gaming engine server from the mobile device; sending assigned lotto numbers from the gaming engine server to the engagement cloud server; and, transmitting a SMS message with assigned lotto numbers from the engagement cloud server to the mobile device (0328; 0333; 0345-0346; 0368).
With regard to claim 12, Ovalle discloses wherein the step of receiving a selection of number options generated or values of inputted numbers at the gaming server from the mobile device comprises receiving a selection of numbers options generated or values of inputted numbers from the engagement cloud server (0337; 0340-0346; 0496-0499).
With regard to claim 13¸Ovalle discloses wherein the payout process comprises the following steps: sending a SMS message confirming a win, MSISDN of the mobile device, and a SMS content from the gaming engine server to the engagement cloud server; communicating a SMS message confirming win from the engagement cloud server to the mobile device; granting access to the operator mobile money server to the mobile device; and sending a request for a prize amount from the operator mobile money server to the gaming engine server (0339-0340).
With regard to claim 14, Ovalle discloses resenting mobile money account screens with an existing account to the mobile device (0337-0340).
With regard to claims 15 and 16, Ovalle discloses presenting mobile money account screens with/without an existing account to the mobile device (0337-0340).
Claim 17 is a system claim related to claim 3 and is rejected in like manner. It is noted that the only thing required for claim 17 is various servers that connect to one another and connect to a mobile device such as that shown in Ovalle (figs. 11, 12).
With regard to claim 18, Ovalle discloses that the engagement cloud server is configured to convert screen content into a format that may be displayed on the mobile device (fig 26A; 0327; 0342).
With regard to claim 19, Ovalle discloses the operator billing server is configured accept payments from a mobile device for mobile gaming subscriptions (0328).
With regard to claim 20, Ovalle discloses wherein the operator billing server is configured to check accounts for mobile device users to permit ad hoc or automated withdrawals (0328).
With regard to claim 21, Ovalle discloses wherein the operator mobile money server is configured to store prizes that are won by the user of the mobile device (0339-0340).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ovalle in view of US Patent Application Publication No. 2011/0258049 to Ramer.
With regard to claim 1, Ovalle discloses a system for enabling game play of a lottery game on mobile device connected to a mobile operator's network comprising: an Engagement Cloud Server operably connected to the mobile operator's network and configured to: send a recruitment message to a plurality of mobile devices connected to the mobile operator's network, the recruitment message comprising: an invitation to play a lottery game; a first actionable option to accept the invitation; and wherein the recruitment message is configured to be displayed on a screen of a mobile device (0238; 0333; 0496-0499); collect one or more responses to the recruitment message, wherein each response comprises a Mobile Station International Subscriber Directory Number ("MSISDN") and an indication whether the first actionable option accepting the invitation was selected on a mobile device associated with the MSISDN *0368-0372; 0470-0471; 0496-0499); and send a communication to a Gaming Engine Server comprising a first MSISDN associated with a first mobile device and a first actionable option selected on the mobile device (0238; 0333; 0368-0372; 0470; 0496-0499); a Gaming Engine Server operably connected to the Engagement Cloud Server and the mobile operator's network, the Gaming Engine Server configured to: send game content to the first mobile device, the game content comprising a game choice and a cost to play (0084; 0103; 0327-0328; 0368; 0339; 0470; 0496-0499; 0501-0502); receive a response message comprising the first MSISDN of the first mobile device, game choice selected on the first mobile device, and mobile device lottery numbers selected on the first mobile device (0084; 0103; 0327-0328; 0339; 0368; 0470; 0496-0499; 0501-0502); draw winning lottery numbers or retrieve winning lottery numbers from an established lottery (0084; 0103; 0334-0340; 0368; 0496-0499); determine whether the mobile device lottery numbers match the winning lottery numbers (0084; 0103; 0334-0340; 0368; 0496-0499); send a winning notification to the first mobile device if the mobile device lottery numbers match the winning lottery numbers, the winning notification comprising a prize amount (0084; 0103; 0334-0340; 0368; 0496-0499); and send the prize amount to an Operator Mobile Money Server an Operator Billing Server configured to: access a mobile subscriber account associated with the first MSISDN (0103; 0106; 0328; 0363; 0368); determine whether the mobile subscriber account has sufficient funds to pay for the game choice selected on the first mobile device (0328); send a communication to the Gaming Engine Server or the Engagement Cloud server, or both, indicating the mobile subscriber account has sufficient funds to pay for the game choice selected on the first mobile device associated with the MSISDN (0328); and an Operator Mobile Money Server configured to receive a prize amount from the Gaming Engine Server and credit the prize amount to a prize account associated with the first MSISDN (0084; 0103; 0334; 00339-0340; 0368; 0496-0499), wherein the Engagement Cloud Server, Gaming Engine Server, Operator Billing Server, and Operator Mobile Money Server are operably connected to the mobile operator's network (figs. 5, 10, 18, 19, 21, 26Ap; 0070; 0580-0581).
Ovalle is not explicitly clear about a decline option. However, such is taught by Ramer (0218).
With regard to claim 2, Ovalle discloses a mobile gaming application installed on a SIM of the first mobile device, the mobile gaming application configured to; display content received from the Gaming Engine Server on a screen of the first mobile device; receive an option selected on the screen of the first mobile device; and send an application message comprising the option selected to the Gaming Engine Server (0318; 0327-0328).
With regard to claim 8, Ovalle does not appear to explicitly disclose an opt-out feature. However, the combination of Ovalle and Ramer teaches further comprising providing an opt-out process by executing the following steps: receiving the MSISDN of the mobile device and screen content from the gaming engine server at the engagement cloud server; sending screen content from the engagement cloud server to the mobile device; receiving an opt-out response at the engagement cloud server, wherein the opt-out response indicates that the mobile device should not be contacted about lottery gameplay; and transmitting the MSISDN and the user's response from the engagement cloud server to the gaming engine server (Ovalle at 031; 0324; 0368; 0470; Ramer at 1612).
It would have been obvious to one or ordinary skill in the art at the time the application was filed to combine the teachings of Ramer with the disclosure of Ovalle in order to allow for basic options of the player to decline an invitation or opt-out of marketing to allow the user choices to not be further bothered thus making it a better user experience for those that do not wish to participate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jay Liddle whose telephone number is (571)270-1226. The examiner can normally be reached M-F 9-5.
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, Dmitry Suhol can be reached at (571)272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jay Trent Liddle/Primary Examiner, Art Unit 3715
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