DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Status
Claims 1-20 are pending.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-4, 6, 13, 15, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 8, 10, 12-13, and 19-20 of U.S. Patent No. 10,854,045 B2. The claims have been analyzed in the claim chart below:
Claim 1 of the Instant Application
Claim 1 of the ‘045 Patent
Similarities and Differences
A computerized method for enhanced game play in a multiple user environment, the method being adapted to interface first and second electronic communications devices through a communication system, the first and second electronic communications devices including displays for presentation of game information to users and with input devices for receiving game play information, the first and second electronic communications devices having graphical display capability, comprising the steps of:
A computerized method for enhanced lottery play in a multiple user environment, the method being adapted to interface first and second electronic communications devices through a communication system, the first and second electronic communications devices including displays for presentation of game information to the players and with input devices for receiving game play information, the first and second electronic communications devices having graphical display capability, the graphical display capability of the first electronic communications devices being different than the graphical display capability of the second electronic communications devices, comprising the steps of:
The claims of the instant application recite a broader embodiment of the claimed computerized method for presentation of a game
Differences – The instant claims recite a broader embodiment that does not require the narrower embodiment of the game being a lottery game and/or the graphical display capability being different resolutions.
However, the instant application recites the subject matter of different capabilities between the first and second game device in the subject matter of dependent claims 2-3
providing a central system including:
providing a central system including
The same
memory for storing user identification data, user game information including a user’s accumulated point value and the geographic location of a user’s game play,
memory for storing user identification data, user game information including a user's accumulated point value, the geographic location of a user's game play and for control of interaction with the system,
The instant claims recite a broader embodiment that does not require addition of for control of interaction with the system.
a graphical information display generator for generating displays of information regarding a plurality of variable duration game rooms, at least two of the game rooms having different durations, the graphical information display generator generating first displays for the first electronic communications devices and second displays for the second electronic communications,
a graphical information display generator for generating displays of information regarding a plurality of variable duration game rooms, at least two of the game rooms having different durations, the graphical information display generator generating first displays for the first electronic communications devices and second displays for the second electronic communications devices wherein the first displays and second displays are of different degrees of resolution,
The instant claims recite a broader embodiment that does not require different degrees of resolution as in the ‘045 Patent
and a control processor coupled to the communication system to selectively provide the first displays to the first communications devices and the second displays to the second communications devices,
and a control processor coupled to the communication system to selectively provide the first displays to the first communications devices and the second displays to the second communications devices,
The limitations are substantially the same.
receiving at the central system an indication from multiple users of interest to participate in a game, including receipt of user identification information and the geographic location of the users,
receiving at the central system an indication from multiple users of interest to participate in a game, including receipt of user identification information and the geographic location of the user,
The limitations are substantially same.
storing the user identification information and the geographic location in the memory, receiving at the central system an indication from multiple users of interest to participate in a unique game room,
storing the user identification information and the geographic location of the user information in the memory, receiving at the central system and indication from multiple users of interest to participate in a unique game room, the unique game room being subject to a fixed time duration,
The instant claims recite a broader embodiment that does not require the additional element of a fixed time duration of the ‘045 Patent
excluding a user if play is not permitted in the geographic location of the player;
excluding a user if play is not permitted in the geographic location of the player;
Substantially the same.
generating at the central system and transmitting a display of user selectable icons, receiving at the central system an indication of one or more selections from one or more of the multiple users of user selectable icons,
generating at the central system and transmitting a display of user selectable icons arranged in a grid, receiving at the central system an indication of one or more selections from one or more of the multi-users of user selectable icons based at least in part on the geographic location of the user's game play, wherein if a user fails in a timely manner, randomly select the number for the user who failed to provide a selection in a timely manner,
The instant claims
selecting at the central system one of the selectable icons, and awarding prizing by updating the user’s accumulated point value of the game information for the users by:
selecting at the central system one of the selectable icons, and awarding prizing by updating the user's accumulated point value of the game information for the users by:
The same limitation
(i) providing a first positive point value to a user if the user selected icon exactly equals the icon selected by the central system, adding the first positive point value to the user’s accumulated point value stored in memory,
(i) providing a first positive point value to a user if the user selected icon exactly equals the icon selected by the central system, adding the first positive point value to the user's accumulated point value stored in memory,
The same limitations
(ii) providing a second, positive point value, where the second positive point value is numerically less than the first positive point value to the user if the user selected icon does not exactly equal the icon selected by the central system, but is geometrically adjacent the central system selected icon, adding the second point value to the user’s accumulated point value stored in memory,
(ii) providing a second, positive point value, where the second positive point value is numerically less than the first positive point value to the user if the user selected icon does not exactly equal the icon selected by the central system, but is geometrically adjacent the system selected icon, the second point value being based at least in part on the user's geographic location, adding the second point value to the user's accumulated point value stored in memory,
The instant claim recite a broader embodiment that does not require the additional limitation based at least in part on the user’s geographic location.
and (iii) deducting a point value from the user’s accumulated point value stored in the memory if the selected icon is other than the central system selected icon and icons proximal to the central system selected icon.
and (iii) deducting a point value from the user's accumulated point value stored in the memory if the selected icon is other than the system selected icon and icons proximal to the system selected icon.
The same limitations
Although the claims at issue are not identical, they are not patentable distinct from each other because the patented claims anticipate the more generic or broader claims now pending (instant Claims 1-20). That is, the rationale of In re Goodman applies here in that once Applicant has received a patent for a species or a more specific embodiment, Applicant is not entitled to a patent for the generic or broader invention without maintaining common ownership and ensuring that the term of the latter issued patent will expire at the end of the original term of the earlier issued patent. Moreover, dependent claims 2-3 of the instant application recite a broader embodiment of the subject matter of the ‘045 patent as they are directed to having different graphical display capability between the first and second electronic communications devices whereas the ‘045 recites that the first and second electronic communications devices have different resolutions.
Regarding claim 4, the claim recites the subject matter in claim 1 of the ‘045 patent.
Regarding claim 6, the claim recites substantially the same subject matter as claim 8 of the ‘045 Patent.
Regarding claim 7, the claim recites substantially the same subject matter of claim 12 of the ‘045 Patent.
Regarding claim 8, the claim recites substantially the same subject matter as recited in claim 10 of the ‘045 Patent.
Regarding claim 9, recites substantially the same subject matter as recited in claim 6 of the ‘045 Patent.
Regarding claim 10, recites substantially the same subject matter as recited in claim 6 of the ‘045 Patent.
Regarding claim 11, recites substantially the same subject matter as claim 13 of the ‘045 Patent.
Regarding claim 12, recites substantially the same subject matter as claim 1 of the ‘045 Patent.
Regarding claim 13, the claim recites substantially the same subject matter as claim 1 of the ‘045 Patent.
Regarding claim 15, the claim recites substantially the same subject matter as claim 19 of the ‘045 Patent.
Regarding claim 18, the claim recites substantially the same subject matter as claim 20 of the ‘045 Patent.
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 a grouping of abstract ideas without significantly more. The claims, as exemplified by independent Claim 1, recites limitations directed to a grouping of abstract ideas such as:
1. A computerized method for enhanced game play in a multiple user environment, the method being adapted to interface first and second electronic communications devices through a communication system, the first and second electronic communications devices including displays for presentation of game information to users and with input devices for receiving game play information, the first and second electronic communications devices having graphical display capability, comprising the steps of:
providing a central system including:
memory for storing user identification data, user game information including a user’s accumulated point value and the geographic location of a user’s game play, a graphical information display generator for generating displays of information regarding a plurality of variable duration game rooms, at least two of the game rooms having different durations, the graphical information display generator generating first displays for the first electronic communications devices and second displays for the second electronic communications, and
a control processor coupled to the communication system to selectively provide the first displays to the first communications devices and the second displays to the second communications devices,
receiving at the central system an indication from multiple users of interest to participate in a game, including receipt of user identification information and the geographic location of the users,
storing the user identification information and the geographic location in the memory,
receiving at the central system an indication from multiple users of interest to participate in a unique game room,
excluding a user if play is not permitted in the geographic location of the player; -certain method of organizing human activity;
generating at the central system and transmitting a display of user selectable icons,
receiving at the central system an indication of one or more selections from one or more of the multiple users of user selectable icons,
selecting at the central system one of the selectable icons, and awarding prizing by updating the user’s accumulated point value of the game information for the users by:
(i) providing a first positive point value to a user if the user selected icon exactly equals the icon selected by the central system, adding the first positive point value to the user’s accumulated point value stored in memory,
(ii) providing a second, positive point value, where the second positive point value is numerically less than the first positive point value to the user if the user selected icon does not exactly equal the icon selected by the central system, but is geometrically adjacent the central system selected icon, adding the second point value to the user’s accumulated point value stored in memory,-certain method of organizing human activity; and
(iii) deducting a point value from the user’s accumulated point value stored in the memory if the selected icon is other than the central system selected icon and icons proximal to the central system selected icon. – certain method of organizing human activity;
The limitations of independent Claim 1, as underlined above, are found to recite a certain method of organizing human activity because they recite series of steps and/or instructions for managing a game under Step 2A-prong 1.
This judicial exception is not integrated into a practical application because the additional limitations such as: “receiving at the central system an indication from multiple users of interest to participate in a game, including receipt of user identification information and the geographic location of the users, storing the user identification information and the geographic location in the memory,” “generating at the central system and transmitting a display of user selectable icons, receiving at the central system an indication of one or more selections from one or more of the multiple users of user selectable icons,” “equal the icons selected by the central system”, “stored in memory”, and “accumulated point value stored in the memory” are found to recite result-oriented functional limitations which amount to mere instructions to implement the abstract idea, insignificant extra solution activity, and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). The remaining limitations such as: “A computerized method for enhanced game play in a multiple user environment, the method being adapted to interface first and second electronic communications devices through a communication system, the first and second electronic communications devices including displays for presentation of game information to users and with input devices for receiving game play information, the first and second electronic communications devices having graphical display capability, comprising the steps of:” “providing a central system including: memory for storing user identification data, user game information including a user’s accumulated point value and the geographic location of a user’s game play, a graphical information display generator for generating displays of information regarding a plurality of variable duration game rooms, at least two of the game rooms having different durations, the graphical information display generator generating first displays for the first electronic communications devices and second displays for the second electronic communications, and a control processor coupled to the communication system to selectively provide the first displays to the first communications devices and the second displays to the second communications devices, receiving at the central system an indication from multiple users of interest to participate in a game, including receipt of user identification information and the geographic location of the users,” and “storing the user identification information and the geographic location in the memory,” are found to be directed to steps that invoke a computer as a tool to implement the abstract idea and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f) and (h)). For at least these reasons, the claims, as exemplified by independent Claim 1, are not found to integrate the claim into a practical application under Step 2A-prong 2.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements such as: “first and second electronic communications devices through a communication system including wireless communication capabilities”, “displays for presentation of game play information to the players and input devices for receiving game information to users and with input devices for receiving game play information”, “a central system”, “a control processor”, and “memory” when viewed individually and/or as a collection of elements amount providing a technological environment in which to perform the abstract idea (see MPEP 2106.05(f) and (h)). The claims are similar to the findings in Alice v. CLS, in which the claims recite conventional and commercially available components that are well-known to one of ordinary skill in the art (see Specification, 0160-0161). For at least these reasons, the additional elements are not found to amount to significantly more than the abstract idea under Step 2B.
With respect to dependent claims 2-20, the limitations have been analyzed and were found to be directed to at least one of: a grouping of abstract ideas (see MPEP 2106.04(a)), invoke a computer as a tool to implement the abstract idea, insignificant extra solution activity, and/or provide a technological environment in which to perform the abstract idea. For instance, dependent claims 2-3 recite the “graphical display capability of the first electronic communications device being different than the graphical display capability of the second communications device” and “the graphical information display generator generates different displays for the first and second electronic communications devices” recite well-known, routine, and conventional capabilities of electronic communication devices. For instance, Sloan (US 5,928,324) discloses that conventional systems comprise a diverse range of X displays that may have different resolutions which is analogous to different graphical display capabilities (see Sloan, col. 1: ln 50-63). For at least these reasons, these limitations do not show an improvement to computer functionality and/or to a different field that would integrate the claim into a practical application. For at least these reasons, claims 1-20 are found to recite a grouping of abstract ideas without significantly more.
Conclusion
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/RYAN HSU/EXAMINER, Art Unit 3715