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 a judicial exception. The claims will be analyzed with respect to the Subject Matter Eligibility Test at MPEP§2106.
Subject Matter Eligibility – Step 1 (see MPEP§2106.03)
The claims recite one of the four statutory categories of subject matter.
Subject Matter Eligibility – Step 2A Prong 1 (see MPEP§2106.04(a-c))
The claims recite abstract ideas in the following categories;
Methods of organizing human activity such as fundamental economic principles or practices (including hedging, insurance, mitigating risk) see specifically ii. rules for conducting a wagering game, In re Smith, 815 F.3d 816, 818-19, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016) and and a commercial or legal interaction (MPEP§2106.04(a)(2)II).
The abstract ideas have been noted in the claims below.
Regarding claim 1, enable, in association with a client device, a first wager to be placed on a play of a game displayed by a streaming device (rules regarding the game qualifications and effectuation; commercial interaction of creating a marketplace for wagers/entertainment), and 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 (rules regarding the game qualifications and effectuation; commercial interaction of creating a marketplace for wagers/entertainment), 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 communicate at least the encoded audio/video data created by the remote gaming platform to the client device (rules regarding the game qualifications and effectuation; commercial interaction of creating a marketplace for wagers/entertainment).
Regarding claims 2-20, these claims recite similar game rules regarding qualifications and progression of the game and commercial interaction of creating a marketplace for wagers/entertainment.
Subject Matter Eligibility – Step 2A Prong 2 (see MPEP§2106.04(d))
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements are generic computer hardware; insignificant extra solution activity such as collecting information, analyzing it, and displaying certain results of the collection and analysis to data; and the use of software to tailor information and provide it to the user on a generic computer. These additional elements individually and in combination provide for limitations that do not integrate the judicial exception into a practical application. These additional elements (1) add “insignificant extra-solution activity to the judicial exception, as discussed in MPEP § 2106.05(g)” (MPEP§2106.04(d)I) and (2) generally link “the use of a judicial exception to a particular technological environment or field of use, as discussed in MPEP § 2106.05(h).” (MPEP§2106.04(d)I).
These additional elements individually and in combination are not limitations that provide for “improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a);” (MPEP§2106.04(d)I) apply or use the “judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, as discussed in MPEP § 2106.04(d)(2);” (MPEP§2106.04(d)I) implement the “judicial exception with, or using a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, as discussed in MPEP § 2106.05(b);” (MPEP§2106.04(d)I) effect “a transformation or reduction of a particular article to a different state or thing, as discussed in MPEP § 2106.05(c);” (MPEP§2106.04(d)I) or apply or use “the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception, as discussed in MPEP § 2106.05(e).” (MPEP§2106.04(d)I). As such the claims as a whole do not integrate the judicial exception into a practical application.
Subject Matter Eligibility – Step 2B (see MPEP§2106.05)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are well-understood, routine and conventional generic computer hardware and insignificant extra solution activity (see MPEP§2106.05). The claimed additional elements with citations indicating their well-understood, routine and conventional nature are provided below.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pub. 2021/0118085 by Bushnell.
Regarding claim 1, Bushnell discloses 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 (para. 24-31 – see hardware for wager/game performance): 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, 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 (para. 24-31 – see the wagers played on streamed servers/services by remote players), 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 communicate at least the encoded audio/video data created by the remote gaming platform to the client device (para. 24-31 – see the presented game, stream and wager).
Regarding claim 2, Bushnell discloses 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 (para. 24-31 – see the remote gaming platform and security information as presented with the game).
Regarding claim 3, Bushnell discloses the live streaming platform server of Claim 2, wherein the supplemental data associated with the streaming device comprises data captured by the streaming device (para. 24-31 – see the data captured and transmitted).
Regarding claim 4, Bushnell discloses the live streaming platform server of Claim 1, wherein the streaming device and the client device are located in different jurisdictions (para. 24-31, 36 – see different jurisdictions for players).
Regarding claim 5, Bushnell discloses 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 (para. 24-31, 151 – see replay).
Regarding claim 6, Bushnell discloses 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 (para. 24-31 – see remote calculation).
Regarding claim 7, Bushnell discloses 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 (para. 136 – see currency options and split).
Regarding claim 8, Bushnell discloses 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 (para. 24-31, 51-53 – see account association).
Regarding claims 9-20, these claims are rejected as noted above regarding claims 1-8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER J IANNUZZI whose telephone number is (571)272-5793. The examiner can normally be reached M-F 9:30AM-5:30PM EST.
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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3715
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