Prosecution Insights
Last updated: July 17, 2026
Application No. 18/940,195

WAGERING APPARATUS, METHODS AND SYSTEMS

Non-Final OA §101§DP
Filed
Nov 07, 2024
Priority
Sep 06, 2012 — CIP of 8602884 +16 more
Examiner
TORIMIRO, ADETOKUNBO OLUSEGUN
Art Unit
Tech Center
Assignee
Diogenes Limited
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
760 granted / 999 resolved
+16.1% vs TC avg
Strong +16% interview lift
Without
With
+16.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
26 currently pending
Career history
1029
Total Applications
across all art units

Statute-Specific Performance

§101
4.9%
-35.1% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
21.7%
-18.3% vs TC avg
§112
0.8%
-39.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 999 resolved cases

Office Action

§101 §DP
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 . The Applicant’s Preliminary Amendment received on 12/27/2024 has been considered. It is noted that claims 1-30 have been cancelled. New claims 31-50 have been added. Double Patenting A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claims 31-36 and 38-50 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-19 of prior U.S. Patent No. 12,469,364. This is a statutory double patenting rejection. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. Claims 31-50 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 11,954,974. Although the claims at issue are not identical, they are not patentably distinct from each other because the independent claim 1 in combination with claim 7 (for instance) of the US Patent No. 11,954,974 teaches the claim 31 of the present application’s limitations (as evident in the comparison table below). Furthermore, one skilled in the art would understand and recognize that they both disclose similar limitations including an interactive wagering system for legalized gambling to increase engagement with and retention of a plurality of wagering participants using the interactive wagering system, the system comprising: a database, an application program interface (API); and a system controller operatively coupled to a communications interface, the system controller further coupled via the communications interface to two or more input devices and a plurality of third-party systems, the system controller configured to: receive, via the communications interface, two or more wagers each wager including at least one bet on a wagering event, wherein the wagering event comprises an entire event, a partial event, a component of an event, multiple independent events occurring sequentially or concurrently, or a compilation or sequence of related events, wherein the entire event, the partial event, the component of an event, the multiple independent events occurring sequentially or concurrently, and the compilation or sequence of related events consists of a sporting event or racing event, from the two or more input devices located in a plurality of geographical areas, the two or more input devices comprising a plurality of different types of devices, each with a different user interface among user interfaces configured to receive user input corresponding to the two or more wagers,2store, within the database, the two or more wagers and wager information, the wager information comprising two or more of a number of all active wagers on the wagering event, a total value of all the active wagers, individual values of the active wagers, a probability of success of each of the active wagers based on, at least, a progress of the wagering event, and potential profits and losses based on the probability of success of each of the active wagers, periodically receive, via the API, data from the plurality of third-party systems during the active progression of the wagering event, periodically recalculate and update, during the active progression of the wagering event, the wager information based on the received data, periodically evaluate, during the active progression of the wagering event, the updated wager information, determine that at least two wagers of the two or more wagers are entitled to an award based at least on the active progression of the wagering event and the wager information, generate two or more at least partial cash out offer options, during the active progression of the wagering event, for at least two wagering participants of the plurality of wagering participants associated with the two or more wagers prior to a conclusion of the wagering event for at least a portion of the award, the two or more at least partial cash out offer options are based on the periodic evaluation of the updated wager information, and transmit, via the communications interface, the two or more at least partial cash out offer options to a plurality of the at least two input devices associated with the plurality of wagering participants, thereby causing a change in the respective user interfaces of the at least two input devices, such that the two or more at least partial cash out offer options are presented to the at least two wagering participants of the plurality of wagering participants via the plurality of respective user interfaces, and wherein the two or more at least partial cash out offer options to perform an at least partial cash out action being generated and presented via the plurality of the user interfaces to the at least two wagering participants after an entitlement to receive the at least partial cash out offer option is determined, occurring during a time period from the initial two or more wagers until the conclusion of the wagering event and having a cash value that is periodically recalculated and updated based on the updated wager information (see claim 1 of US Patent No. 11,954,974). The following claim chart shows the claim-to-claim comparison between independent claim 31 of the present application and claim 1 from the Patented application. 18/940,195 11,954,974 31 (New). An interactive wagering system for legalized gambling to increase engagement with and retention of a plurality of wagering participants using the interactive wagering system, the system comprising: a database, an application program interface (API); and a system controller operatively coupled to a communications interface, the system controller further coupled via the communications interface to two or more input devices and a plurality of third-party systems, the system controller configured to: receive, via the communications interface, two or more wagers each wager including at least one bet on a wagering event, wherein the wagering event comprises an entire event, a partial event, a component of an event, multiple independent events occurring sequentially or concurrently, or a compilation or sequence of related events, wherein the entire event, the partial event, the component of an event, the multiple independent events occurring sequentially or concurrently, and the compilation or sequence of related events consists of a sporting event or racing event, from the two or more input devices located in a plurality of geographical areas, the two or more input devices comprising a plurality of different types of devices, each with a different user interface among user interfaces configured to receive user input corresponding to the two or more wagers, store, within the database, the two or more wagers and wager information, the wager information comprising two or more of a number of all active wagers on the wagering event, a total value of all the active wagers, individual values of the active wagers, a probability of success of each of the active wagers based on, at least, a progress of the wagering event, and potential profits and losses based on the probability of success of each of the active wagers, periodically receive, via the API, data from the plurality of third-party systems during the active progression of the wagering event, periodically recalculate and update, during the active progression of the wagering event, the wager information based on the received data, periodically evaluate, during the active progression of the wagering event, the updated wager information, determine that at least two wagers of the two or more wagers are entitled to an award based at least on the active progression of the wagering event and the wager information, generate two or more at least partial cash out offer options, during the active progression of the wagering event, for at least two wagering participants of the plurality of wagering participants associated with the two or more wagers prior to a conclusion of the wagering event for at least a portion of the award, the two or more at least partial cash out offer options are based on the periodic evaluation of the updated wager information, and transmit, via the communications interface, the two or more at least partial cash out offer options to a plurality of the at least two input devices associated with the plurality of wagering participants, thereby causing a change in the respective user interfaces of the at least two input devices, such that the two or more at least partial cash out offer options are presented to the at least two wagering participants of the plurality of wagering participants via the plurality of respective user interfaces, and wherein the two or more at least partial cash out offer options to perform an at least partial cash out action being generated and presented via the plurality of the user interfaces to the at least two wagering participants after an entitlement to receive the at least partial cash out offer option is determined, occurring during a time period from the initial two or more wagers until the conclusion of the wagering event and having a cash value that is periodically recalculated and updated based on the updated wager information. 1. An interactive wagering system for legalized gambling and adapted to increase participant engagement and retainment with an operator, the system comprising: a database, an application program interface (API); and a system controller operatively coupled to a communications interface, the system controller further coupled via the communications interface to a plurality of input devices and a plurality of third-party systems, the system controller configured to: receive, via the communications interface, a plurality of wagers including one or more bets on one or more wagering events from the plurality of input devices located in different geographical areas, the plurality of input devices comprising one or more different types of devices, each with a different user interface configured to receive user input corresponding to the plurality of wagers, store, within the database, the plurality of wagers and wager information in a record, the wager information comprising one or more of a number of all active wagers on the one or more wagering events, a total value of all the active wagers, individual values of the active wagers, a probability of success of each of the active wagers based on, at least, a progress of the one or more wagering events, and potential profits and losses based on the probability of success of each of the active wagers, continuously exchange, via the API, data with the plurality of third-party systems in real time, the data related to, at least, a progress of the one or more wagering events, continuously update, in real time, the wager information based on the data, continuously evaluate, in real time, the updated wager information, determine that one or more wagers of the plurality of wagers are eligible to win an award, generate one or more options, in real time, for one or more participants associated with the one or more wagers to perform a partial cash out of the one or more wagers prior to a conclusion of the one or more wagering events for at least a portion of the award, the partial cash out is less than a full cash value of the one or more wagers, the one or more options based on the continuous evaluation of the updated wager information and consistent among the one or more participants regardless of type of device, user interface, and geographical areas, and transmit, via the communications interface, the one or more options to one or more input devices of the plurality of input devices associated with the one or more participants, thereby causing a change in the respective user interfaces of the one or more input devices, such that the one or more options are presented to the one or more participants via at least one of the respective user interfaces, wherein the one or more options to perform the partial cash out being generated and presented via the user interfaces to the one or more participants after an entitlement to receive a partial cash out option is determined, occurring at any time after the plurality of wagers have been received up until the conclusion of the one or more wagering events, and having a cash value that is dynamically updated based on the updated wager information. This is an obviousness-type double patenting rejection. Claims 31-50 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-66 of U.S. Patent No. 11,645,890. Although the claims at issue are not identical, they are not patentably distinct from each other because the independent claim 31 (for instance) of the present application teaches the claim 1 of the US Patent No. 11,645,890 limitations (as evident in the comparison table below). Furthermore, one skilled in the art would understand and recognize that they both disclose similar limitations including an interactive wagering system for legalized gambling to increase engagement with and retention of a plurality of wagering participants using the interactive wagering system, the system comprising: a database, an application program interface (API); and a system controller operatively coupled to a communications interface, the system controller further coupled via the communications interface to two or more input devices and a plurality of third-party systems, the system controller configured to: receive, via the communications interface, two or more wagers each wager including at least one bet on a wagering event, wherein the wagering event comprises an entire event, a partial event, a component of an event, multiple independent events occurring sequentially or concurrently, or a compilation or sequence of related events, wherein the entire event, the partial event, the component of an event, the multiple independent events occurring sequentially or concurrently, and the compilation or sequence of related events consists of a sporting event or racing event, from the two or more input devices located in a plurality of geographical areas, the two or more input devices comprising a plurality of different types of devices, each with a different user interface among user interfaces configured to receive user input corresponding to the two or more wagers,2store, within the database, the two or more wagers and wager information, the wager information comprising two or more of a number of all active wagers on the wagering event, a total value of all the active wagers, individual values of the active wagers, a probability of success of each of the active wagers based on, at least, a progress of the wagering event, and potential profits and losses based on the probability of success of each of the active wagers, periodically receive, via the API, data from the plurality of third-party systems during the active progression of the wagering event, periodically recalculate and update, during the active progression of the wagering event, the wager information based on the received data, periodically evaluate, during the active progression of the wagering event, the updated wager information, determine that at least two wagers of the two or more wagers are entitled to an award based at least on the active progression of the wagering event and the wager information, generate two or more at least partial cash out offer options, during the active progression of the wagering event, for at least two wagering participants of the plurality of wagering participants associated with the two or more wagers prior to a conclusion of the wagering event for at least a portion of the award, the two or more at least partial cash out offer options are based on the periodic evaluation of the updated wager information, and transmit, via the communications interface, the two or more at least partial cash out offer options to a plurality of the at least two input devices associated with the plurality of wagering participants, thereby causing a change in the respective user interfaces of the at least two input devices,3such that the two or more at least partial cash out offer options are presented to the at least two wagering participants of the plurality of wagering participants via the plurality of respective user interfaces, and wherein the two or more at least partial cash out offer options to perform an at least partial cash out action being generated and presented via the plurality of the user interfaces to the at least two wagering participants after an entitlement to receive the at least partial cash out offer option is determined, occurring during a time period from the initial two or more wagers until the conclusion of the wagering event and having a cash value that is periodically recalculated and updated based on the updated wager information (see claim 1 of US Patent No. 11,645,890). The following claim chart shows the claim-to-claim comparison between independent claim 31 of the present application and claim 1 from the Patented application. 18/940,195 11,645,890 31 (New). An interactive wagering system for legalized gambling to increase engagement with and retention of a plurality of wagering participants using the interactive wagering system, the system comprising: a database, an application program interface (API); and a system controller operatively coupled to a communications interface, the system controller further coupled via the communications interface to two or more input devices and a plurality of third-party systems, the system controller configured to: receive, via the communications interface, two or more wagers each wager including at least one bet on a wagering event, wherein the wagering event comprises an entire event, a partial event, a component of an event, multiple independent events occurring sequentially or concurrently, or a compilation or sequence of related events, wherein the entire event, the partial event, the component of an event, the multiple independent events occurring sequentially or concurrently, and the compilation or sequence of related events consists of a sporting event or racing event, from the two or more input devices located in a plurality of geographical areas, the two or more input devices comprising a plurality of different types of devices, each with a different user interface among user interfaces configured to receive user input corresponding to the two or more wagers, store, within the database, the two or more wagers and wager information, the wager information comprising two or more of a number of all active wagers on the wagering event, a total value of all the active wagers, individual values of the active wagers, a probability of success of each of the active wagers based on, at least, a progress of the wagering event, and potential profits and losses based on the probability of success of each of the active wagers, periodically receive, via the API, data from the plurality of third-party systems during the active progression of the wagering event, periodically recalculate and update, during the active progression of the wagering event, the wager information based on the received data, periodically evaluate, during the active progression of the wagering event, the updated wager information, determine that at least two wagers of the two or more wagers are entitled to an award based at least on the active progression of the wagering event and the wager information, generate two or more at least partial cash out offer options, during the active progression of the wagering event, for at least two wagering participants of the plurality of wagering participants associated with the two or more wagers prior to a conclusion of the wagering event for at least a portion of the award, the two or more at least partial cash out offer options are based on the periodic evaluation of the updated wager information, and transmit, via the communications interface, the two or more at least partial cash out offer options to a plurality of the at least two input devices associated with the plurality of wagering participants, thereby causing a change in the respective user interfaces of the at least two input devices, such that the two or more at least partial cash out offer options are presented to the at least two wagering participants of the plurality of wagering participants via the plurality of respective user interfaces, and wherein the two or more at least partial cash out offer options to perform an at least partial cash out action being generated and presented via the plurality of the user interfaces to the at least two wagering participants after an entitlement to receive the at least partial cash out offer option is determined, occurring during a time period from the initial two or more wagers until the conclusion of the wagering event and having a cash value that is periodically recalculated and updated based on the updated wager information. 1. An interactive wagering system for legalized gambling and adapted to increase user engagement and retainment with an operator, the system comprising: a database, an application program interface (API), and a system controller operatively coupled to a communications interface, the system controller further coupled via the communications interface to a plurality of input devices and a plurality of third-party systems, the system controller configured to: receive, via the communications interface, a plurality of wagers on one or more wagering events from the plurality of input devices located in different geographical areas, the plurality of input devices comprising one or more different types of devices, each with a different user interface configured to receive user input corresponding to the plurality of wagers, store, within the database, the plurality of wagers and wager information in a record, the wager information comprising one or more of a number of all active wagers on the one or more wagering events, a total value of all the active wagers, individual values of the active wagers, a probability of success of each of the active wagers based on, at least, a progress of the one or more wagering events, and potential profits and losses based on the probability of success of each of the active wagers, continuously exchange, via the API, data with the plurality of third-party systems in real time, the data related to, at least, a progress of the one or more wagering events, continuously update, in real time, the wager information based on the data, continuously evaluate, in real time, the updated wager information, determine that one or more wagers of the plurality of wagers are eligible to win an award, generate one or more options, in real time, for one or more participants associated with the one or more wagers to cash out of the one or more wagers prior to a conclusion of the one or more wagering events for at least a portion of the award, the one or more options based on the continuous evaluation of the updated wager information and consistent among the one or more participants regardless of type of device, user interface, and geographical areas, and transmit, via the communications interface, the one or more options to one or more input devices of the plurality of input devices associated with the one or more participants, thereby causing a change in the respective user interfaces of the one or more input devices, such that the one or more options are presented to the one or more participants via at least one of the respective user interfaces, wherein the one or more options to cash out being generated and presented via the user interfaces to the one or more participants after an entitlement to receive a cash out option is determined, occurring at any time after the plurality of wagers have been received up until the conclusion of the one or more wagering events, and having a cash value that is dynamically updated based on the updated wager information. This is an obviousness-type double patenting rejection. Claims 31-50 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 11,328,556. Although the claims at issue are not identical, they are not patentably distinct from each other because the independent claim 31 (for instance) of the present application teaches the claim 1 of the US Patent No. 11,328,556 limitations (as evident in the comparison table below). Furthermore, one skilled in the art would understand and recognize that they both disclose similar limitations including an interactive wagering system for legalized gambling to increase engagement with and retention of a plurality of wagering participants using the interactive wagering system, the system comprising: a database, an application program interface (API); and a system controller operatively coupled to a communications interface, the system controller further coupled via the communications interface to two or more input devices and a plurality of third-party systems, the system controller configured to: receive, via the communications interface, two or more wagers each wager including at least one bet on a wagering event, wherein the wagering event comprises an entire event, a partial event, a component of an event, multiple independent events occurring sequentially or concurrently, or a compilation or sequence of related events, wherein the entire event, the partial event, the component of an event, the multiple independent events occurring sequentially or concurrently, and the compilation or sequence of related events consists of a sporting event or racing event, from the two or more input devices located in a plurality of geographical areas, the two or more input devices comprising a plurality of different types of devices, each with a different user interface among user interfaces configured to receive user input corresponding to the two or more wagers, store, within the database, the two or more wagers and wager information, the wager information comprising two or more of a number of all active wagers on the wagering event, a total value of all the active wagers, individual values of the active wagers, a probability of success of each of the active wagers based on, at least, a progress of the wagering event, and potential profits and losses based on the probability of success of each of the active wagers, periodically receive, via the API, data from the plurality of third-party systems during the active progression of the wagering event, periodically recalculate and update, during the active progression of the wagering event, the wager information based on the received data, periodically evaluate, during the active progression of the wagering event, the updated wager information, determine that at least two wagers of the two or more wagers are entitled to an award based at least on the active progression of the wagering event and the wager information, generate two or more at least partial cash out offer options, during the active progression of the wagering event, for at least two wagering participants of the plurality of wagering participants associated with the two or more wagers prior to a conclusion of the wagering event for at least a portion of the award, the two or more at least partial cash out offer options are based on the periodic evaluation of the updated wager information, and transmit, via the communications interface, the two or more at least partial cash out offer options to a plurality of the at least two input devices associated with the plurality of wagering participants, thereby causing a change in the respective user interfaces of the at least two input devices, such that the two or more at least partial cash out offer options are presented to the at least two wagering participants of the plurality of wagering participants via the plurality of respective user interfaces, and wherein the two or more at least partial cash out offer options to perform an at least partial cash out action being generated and presented via the plurality of the user interfaces to the at least two wagering participants after an entitlement to receive the at least partial cash out offer option is determined, occurring during a time period from the initial two or more wagers until the conclusion of the wagering event and having a cash value that is periodically recalculated and updated based on the updated wager information (see claim 1 of US Patent No. 11,328,556). The following claim chart shows the claim-to-claim comparison between independent claim 31 of the present application and claim 1 from the Patented application. 18/940,195 11,328,556 31 (New). An interactive wagering system for legalized gambling to increase engagement with and retention of a plurality of wagering participants using the interactive wagering system, the system comprising: a database, an application program interface (API); and a system controller operatively coupled to a communications interface, the system controller further coupled via the communications interface to two or more input devices and a plurality of third-party systems, the system controller configured to: receive, via the communications interface, two or more wagers each wager including at least one bet on a wagering event, wherein the wagering event comprises an entire event, a partial event, a component of an event, multiple independent events occurring sequentially or concurrently, or a compilation or sequence of related events, wherein the entire event, the partial event, the component of an event, the multiple independent events occurring sequentially or concurrently, and the compilation or sequence of related events consists of a sporting event or racing event, from the two or more input devices located in a plurality of geographical areas, the two or more input devices comprising a plurality of different types of devices, each with a different user interface among user interfaces configured to receive user input corresponding to the two or more wagers,2store, within the database, the two or more wagers and wager information, the wager information comprising two or more of a number of all active wagers on the wagering event, a total value of all the active wagers, individual values of the active wagers, a probability of success of each of the active wagers based on, at least, a progress of the wagering event, and potential profits and losses based on the probability of success of each of the active wagers, periodically receive, via the API, data from the plurality of third-party systems during the active progression of the wagering event, periodically recalculate and update, during the active progression of the wagering event, the wager information based on the received data, periodically evaluate, during the active progression of the wagering event, the updated wager information, determine that at least two wagers of the two or more wagers are entitled to an award based at least on the active progression of the wagering event and the wager information, generate two or more at least partial cash out offer options, during the active progression of the wagering event, for at least two wagering participants of the plurality of wagering participants associated with the two or more wagers prior to a conclusion of the wagering event for at least a portion of the award, the two or more at least partial cash out offer options are based on the periodic evaluation of the updated wager information, and transmit, via the communications interface, the two or more at least partial cash out offer options to a plurality of the at least two input devices associated with the plurality of wagering participants, thereby causing a change in the respective user interfaces of the at least two input devices,3such that the two or more at least partial cash out offer options are presented to the at least two wagering participants of the plurality of wagering participants via the plurality of respective user interfaces, and wherein the two or more at least partial cash out offer options to perform an at least partial cash out action being generated and presented via the plurality of the user interfaces to the at least two wagering participants after an entitlement to receive the at least partial cash out offer option is determined, occurring during a time period from the initial two or more wagers until the conclusion of the wagering event and having a cash value that is periodically recalculated and updated based on the updated wager information. 1. A system comprising: a system controller operatively coupled to a communications interface, a database and an application program interface (API), the system controller configured to: receive, via the communications interface, a wager on a wagering event from one or more input devices, each of the one or more input devices comprising a user interface configured to receive user input corresponding to the wager, store, within the database, the wager in a record, the record comprising wager information for one or more wagers associated with one or more participants, continuously exchange, via the API, data with one or more third-party systems in real time, the data related to, at least, a progress of the wagering event, convert the data to updated wager information, store, within the database, the updated wager information, continuously evaluate the updated wager information within the record, determine that a participant of the one or more participants is eligible to win an award based on one or more of the wager and a potential outcome of the wagering event, generate an option in real time for the participant to cash out prior to a conclusion of the wagering event for at least a portion of the award, and transmit, via the communications interface, the option to the one or more input devices, such that the option is presented to the participant via the user interface. This is an obviousness-type double patenting rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Amaitis et al discloses point and/or money based gaming; Devaraj et al discloses system and method for on-line multi-player interactive wagering; Hwang discloses high-potential award in automated fantasy sports wagering event; Huke et al discloses in-play wagering for pooled prizes by wins. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADETOKUNBO OLUSEGUN TORIMIRO whose telephone number is (571)270-1345. The examiner can normally be reached on Mon-Fri (8am - 4pm). 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, Peter Vasat can be reached on (571) 270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
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Prosecution Timeline

Nov 07, 2024
Application Filed
Jun 26, 2026
Non-Final Rejection mailed — §101, §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
92%
With Interview (+16.4%)
2y 8m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 999 resolved cases by this examiner. Grant probability derived from career allowance rate.

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