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;
Mental processes (MPEP§2106.04(a)(2)III) (hereinafter “MP”).
The abstract ideas have been noted in the claims below.
Regarding claim 1, during a first period of time occurring responsive to a first selection, by a live host, of a first device remote from the live host and eligible to operate as a streaming device: provide play of a first wagering game displayed by the first device, and communicate, to a client device and at least partially based on the play of the first wagering game displayed by the first device, first data associated with a first portion of a live stream (mental process of curating and selecting what is to be displayed during a broadcast as is done within a control room for a traditional sports broadcast), and during a second, subsequent period of time occurring responsive to a receipt of data of a second selection, by the live host, of a second, different device remote from the live host and eligible to operate as the streaming device: provide play of a second wagering game displayed by the second, different device, and communicate, to the client device and at least partially based on the play of the second wagering game displayed by the second, different device, second data associated with a second portion of the live stream (mental process of curating and selecting what is to be displayed during a broadcast as is done within a control room for a traditional sports broadcast).
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) 10-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pub. 2019/0118086 by Gentile.
Regarding claim 10, Gentile discloses a system comprising: a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to (para. 30-33 – see the computer hardware, terminals, servers etc.): determine a plurality of devices operating with a remote game server that are eligible to operate as a streaming device for at least a portion of a streaming session associated with a live host remote from the plurality of devices (fig. 5-10; para. 94-111 – see the potential individual players for streaming), communicate data that results in a display, by a display device, of identifying information associated with the determined plurality of devices, and responsive to a receipt, based on the displayed identifying information, of data associated with a selection (para. 40-42, 65-68 – see the manual targeting by the spectators, operators or producers), via an input device associated with the live host, of a first device of the plurality of devices, enable data associated with a play of a wagering game occurring at the selected first device to form part of a live stream communicated, via a live streaming platform server, from the selected first device to a client device (fig. 5-10; para. 94-111 – see display of the selected gameplay).
Regarding claim 11, Gentile discloses the system of Claim 10, wherein the displayed identifying information comprises activity information of the plurality of devices (para. 110-112 – see the presented information for selection).
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.
Claim(s) 1-9 and 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gentile and further in view of U.S. Pat. 10,950,081 by Baker.
Regarding claim 1, Gentile 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. 30-33 – see the computer hardware, terminals, servers etc.): during a first period of time occurring responsive to a receipt of data of a first selection, by a live host, of a first device remote from the live host and eligible to operate as a streaming device (para. 40-42, 65-68 – see the manual targeting by the spectators, operators or producers): receive, from the first device operating with a first remote game server, data associated with a play of a first game displayed by the first device, and communicate, to a client device and at least partially based on the play of the first game displayed by the first device, first data associated with a first portion of a live stream (fig. 5-10; para. 94-111 – see the stream delivered from one of the players perspectives), and during a second, subsequent period of time occurring responsive to a receipt of data of a second selection, by the live host, of a second, different device remote from the live host and eligible to operate as the streaming device: receive, from the second, different device operating with a second remote game server (para. 31 – see multiple servers and large number of player devices), data associated with a play of a second game displayed by the second, different device, and communicate, to the client device and at least partially based on the play of the second game displayed by the second, different device, second data associated with a second portion of the live stream (fig. 5-10; para. 94-111 – see the stream delivered from another one of the players perspectives via the selection of that player).
Gentile does not explicitly disclose that the game is a wagering game. Baker discloses streaming a wagering game at col. 6, ln. 26-50. Because the references are from a similar art and concerned with a similar problem, see game streaming, it would have been obvious to one having ordinary skill in the art at the time of filing to construct Gentile with Baker’s wagering game streaming. One having ordinary skill in the art at the time of filing would have been motivated to do so because wagering games are one of many games that can be broadcast to viewers and have been subject to broadcast via traditional broadcast means, see WSOP and other events.
Regarding claim 2, Gentile discloses the live streaming platform server of Claim 1, wherein the first selection by the live host is based on identifying information of the first device displayed, by a display device, to the live host (para. 110-112 – see the presented information for selection).
Regarding claim 3, Gentile discloses the live streaming platform server of Claim 1, wherein during the first period of time, the first portion of the live stream further comprises first audio/video data of at least one of the live host and a user of the first device (para. 40-42 – see produced content for broadcast and stream).
Regarding claim 4, Gentile discloses the live streaming platform server of Claim 3, wherein during the second, subsequent period of time, the second portion of the live stream further comprises second audio/video data of at least one of the live host and a user of the second, different device (para. 40-42 – see produced content for broadcast and stream).
Regarding claim 5, Gentile discloses the live streaming platform server of Claim 1, wherein during a third period of time, a third portion of the live stream comprises audio/video data of the live host independent of the first device and independent of the second, different device (fig. 5-10; para. 94-111 – see the stream delivered from another one of the players perspectives via the selection of that player).
Regarding claim 6, Gentile discloses the live streaming platform server of Claim 5, wherein the third period of time occurs between the first period of time and the second, subsequent period of time (fig. 5-10; para. 94-111 – see the stream delivered from another one of the players perspectives via the selection of that player).
Regarding claim 7, Gentile discloses the live streaming platform server of Claim 1, wherein the first period of time comprises a first quantity of plays of the first game (para. 23 – see many plays of a game within a session and the multiple views of the gameplay based on the observed actions).
Regarding claim 8, Gentile discloses the live streaming platform server of Claim 1, wherein an eligibility of the first device to operate as the streaming device is based on a tracked activity associated with the first device (para. 41, 61-82 – see criteria for automated/metric based targeting).
Regarding claim 9, Gentile discloses the live streaming platform server of Claim 1, wherein an eligibility of the first device to operate as the streaming device is based on an attribute of a user of the first device (para. 41, 61-82 – see criteria for automated/metric based targeting).
Regarding claims 12-20, these claims are rejected as noted above regarding claims 1-9, mutatis mutandis.
Conclusion
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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