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
2. 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.
3. Claims 2-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
4. Step 1
Claims 2-20 are directed to an apparatus or method meeting the requirements for Step 1.
5. Step 2A Prong 1
In independent Claim 2 (and similarly for Claims 19 and 20), recite abstract rules for playing a game which is a certain method of organizing human activity. See conventional reel gaming machine in Savvy Dog Sys. v. Pa. Coin, LLC, 2023-1073 (Fed. Cir. Mar. 21, 2024)).
6. Step 2A Prong II
The abstract idea is not integrated into a practical application. Applicant’s Specification does not disclose that the claimed elements of the processor, network, storage medium, instructions, and graphical user interface are directed to a technological solution to a technological problem. In particular, for processors and networks, where “In some embodiments, the functionality described herein as provided by server 102 may be provided by any suitable computer processor, an [sic, a] plurality of computer processors, any suitable server, a plurality of servers, a distributed computing system, and/or a cloud computing system.” (Spec. [0047]). Storage where memory comprises, “[s]torage 740 can be any suitable device that provides storage, such as an electrical, magnetic, or optical memory, including a RAM, cache, hard drive, CD-ROM drive, tape drive, or removable storage disk.” (Spec. [0123]) with instructions in languages including, “[s]oftware 750 can be written in any suitable programming language, such as C, C++, Java, or Python.” (Spec. [0128]). Lastly, th graphical user interface is embodied in a user device, where “[i]n some embodiments, a user device 102 may be any suitable electronic device configured to receive instructions from server 102 to display a graphical user interface to a user, to detect user inputs from the user, and to transmit data to server 102 regarding detected user inputs.” (Spec. [0048]).
There does not appear to be any extra-solution activity because the claim is a set of rules for playing the game and the above devices are employed as tools. Thus, Claim 2, and similarly Claims 19 and 20, lack the eligibility requirements of Step 2 Prong II.
7. Step 2B
There are no elements evaluated under Step 2A but for the devices used as tools. Thus, Claim 2, and similarly Claims 19 and 20, are ineligible.
8. Dependent Claims 2-18
Claims 2-4, 6-7, and 8-16 are directed to additional abstract rules of the game. Claims 5, 8, and 17-18 are directed towards extra-solution displaying and data gathering (See as to displaying: “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind”, See Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016); as to data gathering: MPEP 2106 where receiving or transmitting data over a network (MPEP 2106.05(d)(II)(i) and storing and retrieving information in memory (MPEP 2106.05(d)(II)(iv)). Thus, none of the claims supply a practical application.
Claim Rejections - 35 USC § 102
9. 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.
10. Claims 2-3, 7-11, 13-14, and 16-20 are rejected under 35 U.S.C. § 102 (a1)(a2) as being anticipated by U.S. Pat. Pub. No. 2006/0199631 to McGill.
In Reference to Claims 2, 7, 19, and 20
McGill discloses a network-enabled gaming system, medium, instructions, and user interface (Fig. 2 {processor and storage}} network 52 and databases 60/80, {network} internet 50, user interfaces 20 [0013]), See also, Figs. 8A-8D placing bets on streaming financial data updating every 5 seconds {live event} [0089]):
before an upcoming 5 second interval, displaying on a graphical user interface configured to accept one or more inputs indicating one or more predictions associated with an upcoming 5 second interval {first period of time} (Fig. 8A providing four steps to a Bull-Run game accepting bets based on pre-game data as in Fig. 8C showing a pre-game interface of, for example, current odds at a first “current” period of time, where a player provides selection inputs as often as every 5 seconds when each bet opportunity closes out after each of a predetermined time such as every 5 seconds [0089]);
before an upcoming 5 second interval, receive first data indicating one or more first predictions associated with a first period of time (prior to the first 5 second interval, receive a first prediction comprising a first data of a first stock, first direction, first a bet amount, and a number of consecutive moves predicting a stock performance over an upcoming a 5 second interval);
receive second data indicating one or more second predictions associated with a second period of time (over a subsequent 5 second interval (not necessarily the immediate subsequent interval, placing another bet, the second 5 second interval is during the live streaming of the financial data);
during the first 5 second interval, receive first event data regarding the live event (Fig. 8B results of the bets placed over the intervals), wherein the first event data comprises at least one indication of a first occurrence associated with the live event that occurred during the first period of time (See data of last 5 minutes and last 16 moves which include the intervals of time wagered upon);
during the first 5 second interval, determine that at least one of the one or more first predictions was correct based on the received first event data (Fig. 8B graph or move list indicating stock directions, the current bet is partially resolved where “You need 2 more consecutive moves upward to win” on the 3 consecutive move bet); and
at the conclusion of the first period of time, update the graphical user interface based on the determination that the at least one of the one or more first predictions was correct, such that the updated graphical user interface is configured to accept one or more inputs indicating one or more predictions associated with a third period of time during the live event (Fig. 8B a graph and move list each showing at the conclusion of the first period of time the result of prior predictions such that the system stands ready to accept additional predictions within a subsequent {third} 5 second interval during the time of the live financial streaming event where the second period of time is subsequent to the first period of time, and the third period of time is subsequent to the second period of time and that all. Examiner understands McGill to display all stock moves accurately meaning they are correct and also for those who wagered on the correct direction, the results displayed are also winning results).
In Reference to Claim 3
McGill discloses in Fig. 8C bet placed {first data} according to a live-event time-standard shown on the Today’s Ticks Summary graph expressed as a clock time, for example 10:03 am” of which the event occurred).
In Reference to Claims 8 and 9
Examiner construes these claims as identical to the events following the first bet in the first period of time (See rejection of Claim 1).
In Reference to Claims 10, 11, and 14
Examiner construes these limitations are displaying moving (up, down) and no-change predictions (Fig. 8A) as correct or not correct predictions (Fig. 8A only offers up or down, so no change indicates an incorrect prediction) which McGill’s displays at tally in Fig. 8C of the results as well as a display in the graph and table.
In Reference to Claim 13
McGill displays a home screen of the graphical user interface (Fig. 8A).
In Reference to Claim 16
McGill discloses known sports live events ([0006, 0008]).
In Reference to Claim 17
McGill discloses displaying the graphical user interface comprises displaying a video feed of the live event as the stock ticker feed is displayed in Fig. 8C which Examiner understands as a feed of the Google stock, see also streaming financial data [0047]).
In Reference to Claim 18
McGill discloses streaming which is broadcasting an in-event occurrence of the live event (the in-event occurrence is the un, down, or no change move of a stock, Fig. 8C).
Allowable Subject Matter
11. Claims 4-6, 12, and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
12. The following is a statement of reasons for the indication of allowable subject matter: McGill doesn’t disclose a second time standard, wherein the one or more processors are configured to refrain from updating the graphical user interface at the conclusion of the first period of time based on the determination that none of the one or more first predictions were correct, or wherein updating the graphical user interface at the conclusion of the first period of time based on the determination that none of the one or more first predictions were correct comprises displaying an indication that a user has been eliminated from contention in a multi-round game.
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is in the Notice of References Cited.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul A. D’Agostino whose telephone number is (571) 270-1992.
15. 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.
16. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached on (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2992.
/PAUL A D'AGOSTINO/Primary Examiner, Art Unit 3715
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