DETAILED ACTION
Claim Rejections - 35 USC § 112
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.
Claim 4 is 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. The claim twice contains the language “the event template data” without proper antecedent basis for that term.
Claim Objections
Claim 10 is objected to because of the following informalities: it appears the claim should be amended as follows: “configured to allow a selection of the”
Claim Rejections - 35 USC § 103
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 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) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bokowski (US Pat. 10,798,468).
Regarding claim 1, Bokowski discloses a data processing apparatus comprising: a parameter input part that accepts an input of a parameter that can be designated for each of structuring elements, which are one or more elements for structuring the rules of a sport; (Bokowski teaches a system for inputting sports game progress information and displaying the information. See Fig. 7A which teaches setting up rules on number of periods, minutes/period, timeouts, etc. Also see col. 5, ll. 60 - col. 6, ll. 20)
a display control part that causes an entry screen to be displayed, the entry screen being configured to allow a selection of an event that occurs in a game of the sport; (See Figs. 3A-C and col. 5, ll. 40-60 for graphical user interface display.)
an event input part that accepts an input of event information corresponding to the event selected on the entry screen; (See Figs. 3A-C and col. 5, ll. 25-60 for graphical user interface display and initiator device event input of either teams’ points, fouls, timeouts, possession, etc.)
a progress management part that determines progress of the game on the basis of the parameter and the inputted event information; and (As above, see Figs. 3A-C and col. 5, ll. 25-60 for graphical user interface display of game progress showing possession progress, quarterly progress, timer progress and game score progress, on the basis of the game rule parameters and input events.)
an event registration part that causes a memory to store the progress of the game determined by the progress management part, in association with the event information (Figs. 3B-C and col. 5, ll. 25-60 for graphical user interface display of game progress including event memory of quarterly points totals, player point totals and other storage of input events, see col. 6, ll. 20-45 and claim 1. Also see col. 10, ¶ 1 and col. 13, ¶ 1.)
Bokowski does not expressly disclose that all of its above-cited teachings on sports game event recording and display are expressly disclosed as occurring in the same embodiment. That is, despite the reference being clear that these functions are disclosed, there is no express disclosure that the details are all found in the same embodiment. Instead, the reference presents some of the individual detailed disclosures as ‘according to some embodiments.’ It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the various teachings to provide a single system capable of the variety of tasks which are disclosed. In view of these teachings, this cannot be considered a non-obvious improvement over the prior art. Using known engineering design, no “fundamental” operating principle of the teachings are changed; they continue to perform the same functions as originally taught prior to being combined.
Regarding claim 2, the above combination discloses the data processing apparatus according to claim 1, wherein the memory stores template data in which (i) one or more of the sports and (ii) one or more of the parameters of each of the one or more sports are associated with each other, and the data processing apparatus further comprises a template data registration part that causes the memory to store the template data in which (i) the sport and (ii) the one or more parameters corresponding to the sport accepted by the parameter input part are associated with each other; (Col. 5, ll. 60 – col. 6, ll. 5, “not every game follows the exact same rules (e.g. there are various overtime rules) therefore the scorekeeper application may retrieve various settings from the cloud-based server device 130 for default settings. However, a user may be allowed to override those default settings at any individual game whereby the smart logic of the scorekeeper application may react appropriately for each game instance.”)
Regarding claim 3, the above combination discloses the data processing apparatus according to claim 2, wherein the display control part further causes a sport selection screen to be displayed, the sport selection screen being configured to allow a selection of the one or more sports stored in the template data, and the progress management part determines the progress of the game on the basis of (i) the one or more parameters associated with the sport selected on the sport selection screen in the template data and (ii) the event information accepted by the event input part. (Col. 5, ¶ 3, “It is contemplated that the graphical user interface of scorekeeper may be customized to serve a particular type of game, such as basketball, volleyball, wrestling, football, swimming, soccer, baseball, hockey and the like. By adjusting the interface to the type of game, data input by a user viewing the particular type of game may be improved.” Col. 5, ll. 60 – col. 6, ll. 5, “not every game follows the exact same rules (e.g. there are various overtime rules) therefore the scorekeeper application may retrieve various settings from the cloud-based server device 130 for default settings. However, a user may be allowed to override those default settings at any individual game whereby the smart logic of the scorekeeper application may react appropriately for each game instance.” See Fig. 7A which teaches setting up sport selection based on rules on number of periods (template options of 2 or 4 periods), minutes/period, timeouts, etc. Also see col. 5, ll. 60 - col. 6, ll. 20)
Regarding claim 4, the above combination discloses the data processing apparatus according to claim 3, wherein the memory further stores tournament template data in which (i) the one or more sports, (ii) one or more tournaments, each of which is a series of games to which the same rules are applied for each of the one or more sports, and (iii) the parameters corresponding to each of one or more structuring elements for which different parameters are applied to each tournament, from among the one or more structuring elements, are associated with each other, and the display control part further causes a tournament selection screen to be displayed, the tournament selection screen being configured to allow a selection of the tournament in the sports stored in the event template data, and the progress management part determines the progress of the game further on the basis of the one or more parameters that are associated with the tournament selected on the tournament selection screen in the event template data. (See rejection of claim 3 and tournament selection at Fig. 7A as well as col. 9, last paragraph.)
Regarding claim 5, the above combination discloses the data processing apparatus according to claim 1, further comprising: an event definition part that accepts inputs of (i) the event information concerning the event that occurs in the sport and (ii) influence of the event on how the game proceeds, wherein the display control part causes the entry screen to be displayed, the entry screen being configured to allow a selection of the event information accepted by the event definition part, and the progress management part determines the progress of the game on the basis of (i) the parameters and (ii) the influence corresponding to the inputted event information. (As above, see Figs. 3A-C and col. 5, ll. 25-60 for graphical user interface display of game progress based on input event definition showing possession progress, quarterly progress, timer progress and game score progress, on the basis of the game rule parameters and input events.)
Regarding claim 6, the above combination discloses the data processing apparatus according to claim 5, wherein the memory further stores event definition data in which one or more pieces of event information and an aggregation method of the event information are associated with each other, and the data processing apparatus further comprises an event aggregation part that aggregates the event information stored by the event registration part on the basis of the aggregation method associated with the event information. (Figs. 3B-C and col. 5, ll. 25-60 for graphical user interface display of game progress including event aggregation of quarterly points totals, player point totals and other storage of input events, see col. 6, ll. 20-45 and claim 1. Also see col. 10, ¶ 1 and col. 13, ¶ 1.)
Regarding claim 7, the above combination discloses the data processing apparatus according to claim 6, wherein the event definition part further accepts an input of an aggregation method of the event information whose input has been accepted by the event definition part, and stores the accepted event information and aggregation method of the event information in association with each other in the event definition data, and the event aggregation part aggregates the event information stored by the event registration part on the basis of the aggregation method accepted by the event definition part in association with the event information. (As above, Figs. 3B-C and col. 5, ll. 25-60 for graphical user interface display of game progress including aggregation on the basis of event input for quarterly points totals, player point totals and other storage of input events, see col. 6, ll. 20-45 and claim 1. Also see col. 10, ¶ 1 and col. 13, ¶ 1.)
Regarding claim 8, the above combination discloses the data processing apparatus according to claim 1, wherein the display control part causes the entry screen to be displayed, the entry screen being configured to further allow a selection of a location at which the event occurred in the game, and the event registration part further causes the memory to store the location at which the event occurred in association with the event information. (See Fig. 7A’s city location input as well as Fig. 3B for which team’s basket was scored on.)
Regarding claim 9, the above combination discloses the data processing apparatus according to claim 1, wherein the memory further stores a player table in which attributes of one or more players are recorded, the display control part causes the entry screen to be displayed, the entry screen being configured to allow a selection of the one or more players stored in the player table and the event information in association with each other, and the event registration part causes the memory to store (i) the progress of the game determined by the progress management part, (ii) the selected event information, and (iii) the selected one or more players, in association with each other. (Figs. 3C and col. 5, ll. 25-60 for graphical user interface selection of specific player points, also see col. 6 ¶ 3.)
Regarding claim 10, the above combination discloses the data processing apparatus according to claim 9, further comprising: a player information input part that accepts a selection of the one or more players who will participate in the game, wherein the display control part further causes a participating player selection screen to be displayed, the participating player selection screen being configured to allow a selection of the one or more players who will participate in the game from among the one or more players stored in the player table, and causes the entry screen to be displayed, the entry screen being configured to allow a selection the one or more players who have been selected on the participating player selection screen in association with the event information. (Figs. 3C and col. 5, ll. 25-60 for graphical user interface selection of players points and option for adding a new player to the roster, also see col. 6 ¶ 3.)
Regarding claim 11, the above combination discloses the data processing apparatus according to claim 10, wherein the display control part determines attribute information that can be entered on the participating player selection screen on the basis of the parameters, and displays the participating player selection screen configured to allow the determined attribute information to be entered in association with each of the participating players, and the player information input part further accepts an input of the attribute information of the selected players. (Figs. 3C and col. 5, ll. 25-60 for graphical user interface where player attribute information can be input such as points and fouls, also see col. 6 ¶ 3.)
Regarding claim 12, the above combination discloses the data processing apparatus according to claim 1, wherein the display control part determines, on the basis of the parameter, attribute information that can be entered on a participating player selection screen configured to allow a selection of players who will participate in a game, and causes the participating player selection screen to be displayed, the participating player selection screen being configured to allow the determined attribute information to be entered in association with each of the participating players, and the data processing apparatus further comprises a player information input part that accepts a selection of the players who will participate in the game and accepts an input of the attribute information of the selected players. (As above, Figs. 3C and col. 5, ll. 25-60 for graphical user interface selection of players points and option for adding a new player to the roster, also see col. 6 ¶ 3. Player attribute information can be entered such as points and fouls.)
Claim 13 is the method corresponding to the apparatus of claim 1. The apparatus necessarily required method steps. Remaining limitations are rejected similarly. See detailed analysis above.
Claim 14 is the computer readable medium corresponding to the apparatus of claim 1. Col. 12, last paragraph requires a computer readable medium. Remaining limitations are rejected similarly. See detailed analysis above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Raphael Schwartz whose telephone number is (571)270-3822. The examiner can normally be reached Monday to Friday 9am-5pm CT.
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, Vincent Rudolph can be reached at (571) 272-8243. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAPHAEL SCHWARTZ/ Examiner, Art Unit 2671
Prosecution Insights