Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
Claim 1 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1 pass step 1 of the test for eligibility.
As per step 2A prong one, the claims are evaluated to determine whether the claims recite a judicial exception. Representative claim 1 recites, with emphasis added:
A method of providing a multiple-stage contest, comprising: at each of a plurality of stages in a contest, causing a portion of a plurality of contest entries eligible to win the contest to become ineligible to win the contest; and determining at least one winning contest entry from one or more contest entries remaining eligible after the plurality of stages.
The above underlined portion of representative claim 1 recites a judicial exception because they are certain methods of organizing human activity, as they are following rules or instructions, as the invention is directed towards rules for conducting a game. Further they are mental processes as a human could perform the steps merely mentally or with pen and paper, as a human could cause a portion of contest entries to become ineligible and the determine a winning contest entry, such as with a single elimination bracket like what is used in professional sports.
Next, as per step 2A prong two, the claims are evaluated to determine whether the claim as a whole integrates the recited judicial exception into a practical application of the exception.
The elements recited above that are not underlined in representative claim 1 comprise the additional elements. As discussed in more detail below, these additional elements do not integrate the recited judicial exception into a practical application of the exception.
There are no additional steps
Thus, taken alone, the additional elements do not integrate the recited judicial exception into a practical application of the exception. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
Next, as per step 2B, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claims amount to significantly more than the exception.
There are no additional steps
Thus, taken alone, the additional elements do not amount to significantly more than the exception. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Asher (US 20040243504).
In claim 1, Asher discloses
At each of a plurality of stages in a contest, cause a portion of a plurality of contest entries eligible to win the contest to become ineligible to win the contest and (paragraph 17, the NCAA tournament is a single elimination tournament bracket, which causes a portion of the contest entries to become ineligible to win the contest each round)
Determining at least one winning contest entry from one or more contest entries remaining eligible after the plurality of stages (paragraph 17 “all or a portion of the $6400 may be paid to a single or multiple winners”)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS HAYNES HENRY whose telephone number is (571)270-3905. The examiner can normally be reached M-F 10-6.
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/THOMAS H HENRY/ Primary Examiner, Art Unit 3715
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