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 .
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/916,249 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because application claims 1-20 are anticipated by claims 1-20 of the reference application, as shown in the table below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
U.S. App. No. 18/916,225
U.S. App. No. 18/916,249
Claim 1: A live streaming platform server comprising: a processor; and
Claim 1: A live streaming platform server comprising: a processor; and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
enable, in association with a client device, a first wager to be placed on a play of a game displayed by a streaming device, and
enable, in association with a client device, a first wager to be placed on a play of a game displayed by a streaming device, and
following a placement of the first wager, responsive to a receipt, from a remote game server associated with a remote gaming platform, of game data associated with the play of the game and responsive to a receipt of encoded audio/video data created by the remote game server in association with a replay, based on the game data, of the play of the game displayed by the streaming device:
following a placement of the first wager, responsive to a receipt, from a remote game server, of game data associated with the play of the game and responsive to a receipt, from a remote gaming platform associated with the remote game server, of encoded audio/video data created by the remote gaming platform in association with a replay, based on the game data, of the play of the game displayed by the streaming device:
determine, based on the received game data, data associated with a result of the first wager, and
determine, based on the received game data, data associated with a result of the first wager, and
communicate at least the encoded audio/video data created by the remote game server to the client device.
communicate at least the encoded audio/video data created by the remote gaming platform to the client device.
Claim 2: The live streaming platform server of Claim 1, wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to the receipt, from the remote game server, of the encoded audio/video data created by the remote game server, cause the processor to communicate supplemental data associated with the streaming device to the client device.
Claim 2: The live streaming platform server of Claim 1, wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to the receipt, from the remote gaming platform, of the encoded audio/video data created by the remote gaming platform, cause the processor to communicate supplemental data associated with the streaming device to the client device.
Claim 3: The live streaming platform server of Claim 2, wherein the supplemental data associated with the streaming device comprises data captured by the streaming device.
Claim 3: The live streaming platform server of Claim 2, wherein the supplemental data associated with the streaming device comprises data captured by the streaming device.
Claim 4: The live streaming platform server of Claim 1, wherein the streaming device and the client device are located in different jurisdictions.
Claim 4: The live streaming platform server of Claim 1, wherein the streaming device and the client device are located in different jurisdictions.
Claim 5: The live streaming platform server of Claim 1, wherein the communication of the encoded audio/video data created by the remote game server to the client device results in a display, by a display device of the client device, of the replay of the play of the game.
Claim 5: The live streaming platform server of Claim 1, wherein the communication of the encoded audio/video data created by the remote gaming platform to the client device results in a display, by a display device of the client device, of the replay of the play of the game.
Claim 6: The live streaming platform server of Claim 1, wherein the game data comprises a game outcome of the play of the game determined by the remote game server and the data associated with the result of the first wager comprises an amount of any award.
Claim 6: The live streaming platform server of Claim 1, wherein the game data comprises a game outcome of the play of the game determined by the remote game server and the data associated with the result of the first wager comprises an amount of any award.
Claim 7: The live streaming platform server of Claim 1, wherein the first wager to be placed comprises an amount of fiat currency and a second wager placed via the streaming device comprises an amount of virtual currency.
Claim 7: The live streaming platform server of Claim 1, wherein the first wager to be placed comprises an amount of fiat currency and a second wager placed via the streaming device comprises an amount of virtual currency.
Claim 8: The live streaming platform server of Claim 1, wherein the memory device stores a plurality of further instructions that, when executed by the processor prior to receiving the game data, cause the processor to associate an account maintained by the live streaming platform server in association with a user of the streaming device with an account maintained by the remote gaming platform in association with the user of the streaming device.
Claim 8: The live streaming platform server of Claim 1, wherein the memory device stores a plurality of further instructions that, when executed by the processor prior to receiving the game data, cause the processor to associate an account maintained by the live streaming platform server in association with a user of the streaming device with an account maintained by the remote gaming platform in association with the user of the streaming device.
Claim 9: A live streaming platform server comprising: a processor; and
Claim 9: A live streaming platform server comprising: a processor; and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
enable, in association with a client device, a first wager to be placed on a play of a game displayed by a streaming device, and
enable, in association with a client device, a first wager to be placed on a play of a game displayed by a streaming device, and
following a placement of the first wager, responsive to a receipt, from a remote game server associated with the live streaming platform server, of game data associated with the play of the game displayed by the streaming device and responsive to a receipt of encoded audio/video data created by the remote game server in association with a replay, based on the game data, of the play of the game displayed by the streaming device:
following a placement of the first wager, responsive to a receipt, from a remote game server associated with the live streaming platform server, of game data associated with the play of the game displayed by the streaming device and responsive to a receipt, from a remote gaming platform, of encoded audio/video data created by the remote gaming platform in association with a replay, based on the game data, of the play of the game displayed by the streaming device:
determine, based on the received game data, data associated with a result of the first wager, and
determine, based on the received game data, data associated with a result of the first wager, and
communicate at least the encoded audio/video data created by the remote game server to a remote gaming platform associated with the client device.
communicate at least the encoded audio/video data created by the remote gaming platform to the client device.
Claim 10: The live streaming platform server of Claim 9, wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to the receipt, from the remote game server, of the encoded audio/video data created by the remote game server, cause the processor to communicate supplemental data associated with the streaming device to the client device.
Claim 10: The live streaming platform server of Claim 9, wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to the receipt, from the remote gaming platform, of the encoded audio/video data created by the remote gaming platform, cause the processor to communicate supplemental data associated with the streaming device to the client device.
Claim 11: The live streaming platform server of Claim 10, wherein the supplemental data comprises data captured by the streaming device.
Claim 11: The live streaming platform server of Claim 10, wherein the supplemental data comprises data captured by the streaming device.
Claim 12: The live streaming platform server of Claim 9, wherein the first wager to be placed comprises an amount of fiat currency and a second wager placed via the streaming device comprises an amount of virtual currency.
Claim 12: The live streaming platform server of Claim 9, wherein the first wager to be placed comprises an amount of fiat currency and a second wager placed via the streaming device comprises an amount of virtual currency.
Claim 13: A method of operating a live streaming platform server, the method comprising: enabling, by a processor and in association with a client device, a first wager to be placed on a play of a game displayed by a streaming device, and
Claim 13: A method of operating a live streaming platform server, the method comprising: enabling, by a processor and in association with a client device, a first wager to be placed on a play of a game displayed by a streaming device, and
following a placement of the first wager, responsive to a receipt, from a remote game server associated with a remote gaming platform, of game data associated with the play of the game and responsive to a receipt of encoded audio/video data created by the remote game server in association with a replay, based on the game data, of the play of the game displayed by the streaming device:
following a placement of the first wager, responsive to a receipt, from a remote game server, of game data associated with the play of the game and responsive to a receipt, from a remote gaming platform associated with the remote game server, of encoded audio/video data created by the remote gaming platform in association with a replay, based on the game data, of the play of the game displayed by the streaming device:
determining, by the processor and based on the received game data, data associated with a result of the first wager, and
determining, by the processor and based on the received game data, data associated with a result of the first wager, and
communicating at least the encoded audio/video data created by the remote game server to the client device.
communicating at least the encoded audio/video data created by the remote gaming platform to the client device.
Claim 14: The method of Claim 13, further comprising, responsive to the receipt, from the remote game server, of the encoded audio/video data created by the remote game server, communicating supplemental data associated with the streaming device to the client device.
Claim 14: The method of Claim 13, further comprising, responsive to the receipt, from the remote gaming platform, of the encoded audio/video data created by the remote gaming platform, communicating supplemental data associated with the streaming device to the client device.
Claim 15: The method of Claim 14, wherein the supplemental data associated with the streaming device comprises data captured by the streaming device.
Claim 15: The method of Claim 14, wherein the supplemental data associated with the streaming device comprises data captured by the streaming device.
Claim 16: The method of Claim 13, wherein the streaming device and the client device are located in different jurisdictions.
Claim 16: The method of Claim 13, wherein the streaming device and the client device are located in different jurisdictions.
Claim 17: The method of Claim 13, wherein the communication of the encoded audio/video data created by the remote game server to the client device results in a display, by a display device of the client device, of the replay of the play of the game.
Claim 17: The method of Claim 13, wherein the communication of the encoded audio/video data created by the remote gaming platform to the client device results in a display, by a display device of the client device, of the replay of the play of the game.
Claim 18: The method of Claim 13, wherein the game data comprises a game outcome of the play of the game determined by the remote game server and the data associated with the result of the first wager comprises an amount of any award.
Claim 18: The method of Claim 13, wherein the game data comprises a game outcome of the play of the game determined by the remote game server and the data associated with the result of the first wager comprises an amount of any award.
Claim 19: The method of Claim 13, wherein the first wager to be placed comprises an amount of fiat currency and a second wager placed via the streaming device comprises an amount of virtual currency.
Claim 19: The method of Claim 13, wherein the first wager to be placed comprises an amount of fiat currency and a second wager placed via the streaming device comprises an amount of virtual currency.
Claim 20: The method of Claim 13, further comprising, prior to receiving the game data, associating, by the processor, an account maintained by the live streaming platform server in association with a user of the streaming device with an account maintained by the remote gaming platform in association with the user of the streaming device.
Claim 20: The method of Claim 13, further comprising, prior to receiving the game data, associating, by the processor, an account maintained by the live streaming platform server in association with a user of the streaming device with an account maintained by the remote gaming platform in association with the user of the streaming device.
As noted in the Table above, reference application claims 1, 9, and 13 recite wherein the encoded audio/video data is created by the remote game platform, while claims 1, 9, and 13 of the instant application recite wherein the encoded audio/video data is created by the remote game server. Similarly, dependent claims of the instant application recite functions performed by the remote game server, while dependent claims of the reference application recite the same functions performed by the remote gaming platform. However, claims 1, 9, and 13 of the instant application state that the remote game server is associated with a remote gaming platform, and claims 1, 9, and 13 of the reference application state that the remote gaming platform is associated with the remote gaming server. Accordingly, claims 1-20 are anticipated by reference application claims 1-20.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/916,278. Independent claims 1, 9, and 13 of copending Application No. 18/916,278 recite “create audio/video data in association with a replay, based on the received game data, of the play of the game displayed by the streaming device” and “encode the audio/video data”, while claims 1, 9, and 13 of the instant application recite wherein the audio/video data is created and encoded previously by the remote game server. Accordingly, while claims 1, 9, and 13 of the instant application do not positively recite the steps of creating the audio/video data and encoding the audio/video data, these limitations are obvious in light of the recitation of receiving “encoded audio/video data created by the remote game server”.
This is a provisional nonstatutory double patenting rejection.
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.
Regarding claim 13, analyzed as representative claim:
[Step 1] Claim 13 recites in part “A method” which falls within the “process” statutory category of invention.
[Step 2A – Prong 1] The claim recites a series of steps which encompass certain methods of organizing human activity, specifically fundamental economic practices or principles (see MPEP 2106.04(a)(2)(II)(A)).
Claim 13 recites: A method of operating a live streaming platform server, the method comprising:
enabling, by a processor and in association with a client device, a first wager to be placed on a play of a game displayed by a streaming device, and
following a placement of the first wager, responsive to a receipt, from a remote game server associated with a remote gaming platform, of game data associated with the play of the game and responsive to a receipt of encoded audio/video data created by the remote game server in association with a replay, based on the game data, of the play of the game displayed by the streaming device: determining, by the processor and based on the received game data, data associated with a result of the first wager, and communicating at least the encoded audio/video data created by the remote game server to the client device.
The underlined portions of claim 13 generally encompass the abstract idea, which may be viewed, for example, as:
a fundamental economic practice (e.g., rules for conducting a wagering game),
a method of exchanging financial obligations (e.g., an award-providing game, which is effectively a method of exchanging and resolving financial obligations based on a result of the game),
a method of managing a game, and/or
a method of organizing human activities (e.g., allowing a human player to play an award-providing game according to the rules of the game method).
Accordingly, the claim limitations, under their broadest reasonable interpretation, recite an abstract idea.
[Step 2A – Prong 2] The claim does not include additional limitations to integrate the abstract idea into a practical application because the additional limitations merely provide instructions to implement the abstract idea on generic computer hardware and/or generally link the abstract idea to a particular technological environment or field of use (processor, client device, remote game server, remote gaming platform) (see MPEP 2106.05(f) & (h)) and extra solution activity (receiving/gathering data and communicating/transmitting the received/gathered data) (see MPEP 2106.05(g)).
There is no indication that the additional elements improve the functioning of a computer or other technology (see MPEP 2106.05(a)), are applied with a “particular machine” (see MPEP 2106.05(b)), effect a transformation of a particular article to a different state (see MPEP 2106.05(c)), or are applied in any meaningful way beyond generally linking the use of the judicial exception to a particular technological environment or field of use such that the claim, as a whole, is more than a drafting effort designed to monopolize the exception (see MPEP 2106.05(e)). Therefore, the claim is directed to the abstract idea.
[Step 2B] As discussed above with respect to integration of the abstract idea into a practical application, the claim does not further include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements are generic computers/computer components (e.g., processor, client device, remote game server, and remote gaming platform), as indicated by the Specification (see Specification, [0023]; [0053], “In certain embodiments, the streaming device and/or the client device comprises a personal gaming device.”; [0089] where personal gaming devices include “desktop computers, laptop computers, tablet computers or computing devices, personal digital assistants, mobile phones, or other mobile computing devices”; [0099], “The master gaming controller 1012 includes at least one processor 1010. The at least one processor 1010 is any suitable processing device or set of processing devices, such as a microprocessor, a microcontroller-based platform, a suitable integrated circuit, or one or more application-specific integrated circuits (ASICs)”; Fig. 1; [0053]; [0055]; [0099-0100], remote game server 102 and remote gaming platform 106 (software) operating with a personal gaming device). Moreover, the limitations of receiving (gathering) data (i.e., game data and encoded audio/video data) and transmitting the gathered data are directed to insignificant extra-solution activity (data gathering and data transmission).
Additionally, the Specification admits that the system may be implemented using a “variety of different types of systems” including “one or more personal gaming devices (e.g., desktop computers, laptop computers, tablet computers or computing devices, personal digital assistants, mobile phones, and other mobile computing devices)” (see Specification, [0088-0089]). The Specification further admits that the connection between devices (i.e., the server and the streaming and/or client device) “is accomplished via a conventional phone line or other data transmission line, a digital subscriber line (DSL), a T-1 line, a coaxial cable, a fiber optic cable, a wireless or wired routing device, a mobile communications network connection (such as a cellular network or mobile internet network), or any other suitable medium” (Specification, [0096]). As such, as generic mobile device or conventional mobile phone connected via any suitable connections medium would be capable of meeting the substantive limitations of the claim, and even this may be accomplished with other generic computer devices such as laptops and desktops.
In light of these factual findings, the additional claim features are well-understood, routine, and conventional and/or constitute extra-solution activities.
Taking the claim elements individually yields no different from taking them in combination because each element simply performs its respective function as discussed above. The claim does not purport to improve the functioning of a computer itself, nor does it affect an improvement in any other technology or technical field. Instead, the additional elements merely amount to an instruction to apply the abstract idea using generic, functional, and conventional components well-known in the art, and/or generally link the abstract idea to a particular technological environment, and insignificant extra-solution activity (data gathering and data transmission). Viewed as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claim amounts to significantly more than the abstract idea itself. Thus, claim 13 is not patent eligible.
Claims 1 and 9 are rejected for the same reasoning as claim 13. While claims 1 and 9 recite a live streaming platform server comprising a processor and a memory device, the additional limitations are recited at a high level of generality such that they recite mere instructions to implement the abstract idea, discussed above, using a generic computer/generic computing components and/or generally link the abstract idea to a particular technological environment or field of use. Accordingly, claims 1 and 9 are also not patent eligible.
Dependent claims 2-8, 10-12, and 14-20 further define the abstract idea and/or relate to implementing the game. However, the claims fail to recite additional limitations that would integrate the abstract idea into practical application or provide significantly more (i.e., an inventive concept). Therefore, the dependent claims are also not patent eligible.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Burns et al. (U.S. Pub. 2021/0043043 A1) (hereinafter “Burns”) in view of Nelson et al. (U.S. Pub. 2020/0265685 A1) (hereinafter “Nelson”).
Regarding claims 1, 5, 9, 13, and 17, Burns discloses a live streaming platform server (Fig. 42; [0034]; [0037]; [0278-0283]; [0288], server system that features one or more processors implemented in a cloud environment to live-stream video content pertaining to a tournament) comprising:
a processor ([0278-0282]); and
a memory device that stores a plurality of instructions that, when executed by the processor ([0037], memory and computer-executable instructions), cause the processor to:
enable, in association with a client device, a first wager to be placed on a play of a game displayed by a streaming device (Figs. 1-2; [0112]; [0118], wherein when a player wishes to play gaming device (e.g., 200) the player may insert cash or a ticket voucher through a coin acceptor or bill validator, and wherein the gaming device 200 runs video streaming software that allows the game to be displayed on the gaming device 200; see also [0285-0288], concierge service interface to participate in the tournament of the TMS), and
following a placement of the first wager, responsive to a receipt, from a remote game server associated with a remote gaming platform, of game data associated with the play of the game and responsive to a receipt of audio/video data created by the remote game server in association with a replay based on the game data, of the play of the game displayed by the streaming device (Figs. 1 & 36-41; [0007-0008]; [0091]; [0093]; [0112]; [0237]; [0240-0242], where the tournament mode play is facilitated through a multiplayer game server (platform) (MGS) 102 and gaming server 106 to manage aspects of the tournament play, and wherein players that participate in the tournament may be provided with the ability to access a replay of a tournament session in which they participated):
determine, based on the received game data, data associated with a result of the first wager ([0023]; [0237]; [0243], determining a score, rank, or winning outcome), and
communicate at least the audio/video data created by the remote game server to the client device (Figs. 36-41; [0007-0008]; [0112]; [0237]; [0240-0241]; [0251]).
Burns does not further disclose encoded audio/video data which is communicated to the client device. However, Nelson, directed to a gaming system including a tournament management system 145 and live-streaming audio/video data (Fig. 1, #100; [0013]; [0015]; [0021]; [0030]), teaches wherein video and/or audio may be captured and encoded by the streaming system 115 while the game is being played on the gaming systems 105A and 105B ([0015]; [0022], wherein, further, details about a tournament a player is in can also be captured and encoded into the stream including, but not limited to, wagers for the tournament, wins for the tournament, current standing in the tournament, etc.). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Burns with the encoded data, taught by Nelson, in order to offload overhead on the gaming machines and/or optimize the data for transmission (Nelson, [0015]; [0022]).
Regarding claims 2-3, 10-11, and 14-15, Burns further discloses wherein the memory devices stores a plurality of further instructions that, when executed by the processor responsive to the receipt, from the remote game server, of the audio/video data created by the remote game server, cause the processor to communicate supplemental data associated with the streaming device to the client device (Fig. 41; [0242-0243], e.g., player video captured by the streaming device).
Additionally, it is noted that Nelson also further teaches supplemental data associated with the streaming device to the client device ([0023], e.g., historical play statistics captured by the streaming device).
Again, while Burns does not disclose encoded audio/video data, Nelson teaches wherein video and/or audio may be captured and encoded by the streaming system 115 while the game is being played on the gaming systems 105A and 105B ([0015]; [0022], wherein, further, details about a tournament a player is in can also be captured and encoded into the stream including, but not limited to, wagers for the tournament, wins for the tournament, current standing in the tournament, etc.). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Burns with the encoded data, taught by Nelson, in order to offload overhead on the gaming machines and/or optimize the data for transmission (Nelson, [0015]; [0022]).
Regarding claims 4 and 16, Burns further discloses wherein the regulations that typically govern the RTP or randomness of EGMs in most jurisdiction may not apply to EGMs that are operating in a tournament mode and providing winnings of non-cashable credits ([0133]). Further Nelson teaches clients located in jurisdictions that allow gambling are able to subscribe and conduct online wagering ([0029]). Accordingly, it would have been obvious to a person of ordinary skill in the art, as a matter of design choice, to provide for the streaming device and client device to be located in different jurisdictions so long as the tournament abides by the laws of the hosting jurisdiction. It is noted that the Specification does not disclose any particular purpose or solve any particular problem by requiring the streaming device and client device to be located in different jurisdictions, and the location of the elements of in Burns and Nelson in the same jurisdiction or different jurisdictions would work equally as well.
Regarding claims 6 and 18, Burns further discloses wherein the game data comprises a game outcome of the play of the game determined by the remote game server and the data associated with the result of the first wager comprises an amount of any award ([0034]; [0045]; [0113]; [0132]; [0169], e.g., an award amount in conjunction with each play of the wagering game based on the game outcome (i.e., patterns of the symbols presented for each play, or current round of the tournament)).
Additionally, it is noted that Nelson also further teaches a game outcome of the play of the game of Burns executed by the streaming TMS of a jackpot and the data associated with the result of the first wager comprises an amount of any award ([0023], e.g., jackpot or large win).
Regarding claims 7, 12, and 19, Burns further discloses wherein a first wager to be placed comprises an amount of fiat currency ([0118]) and a wager placed via the streaming device comprises an amount of virtual currency ([0135]). While Burns may not explicitly disclose an amount of virtual currency used for placement of a second wager, Nelson teaches this limitation ([0046], wherein a second back bettor wager is placed via the streaming device and comprises an amount of virtual currency). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the second wager to comprise an amount of virtual currency, as taught by Nelson, in the invention of Burns where multiple wagers may be placed during one or more tournament sessions ([0005-0006]; [0118]).
Regarding claims 8 and 20, Nelson further teaches associating an account maintained by the live streaming platform server in association with a user of the streaming device with an account maintained by the remote gaming platform in association with the user of the streaming device ([0020]; [0029]; [0031]; [0045], a client account with the streaming system 115 can be associated with an account maintained by the remote gaming platform in association with the user of the streaming device as a client player tracking account). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to associate an account maintained by the live streaming platform in association with a user of the steaming device with that maintained by the remote gaming platform in association with the user, as taught by Nelson, in the invention of Burns in order to provide for the player account tracking (see, e.g., Burns, [0145]; [0286]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. 2025/0384735 A1 – This reference teaches where a replay of a game outcome can be presented to a user device.
U.S. Pub. 2022/0343328 A1 – This reference teaches where remote users can replay on remote user devices while the event user is performing.
U.S. Pub. 2019/0340879 A1 – This reference teaches where a player can watch a video replay after placing a wager.
U.S. Pub. 2016/0351008 A1 – This reference teaches where a player may select to replay a play of a wagering game.
U.S. Pub. 2012/0094737 A1 – This reference teaches where a system can record and play back portions of a media stream (e.g., replays).
U.S. Pub. 2006/0154721 A1 – This reference teaches where a player can view a replay of a wagering game outcome at a later time.
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/ALYSSA N BIANCAMANO/Examiner, Art Unit 3715
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