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 Preliminary Amendment received on 02/25/2025 has been considered. It is noted that the specification has been amended.
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 (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-20 are directed to an abstract idea of organizing human activity. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a method and system, which is a statutory category of invention.
Step 2a1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
The claims recite a judicial exception.
Claim 1 recite the steps of a method comprising:
holding different instant lottery tickets in a lottery ticket holder and dispenser, each of the instant lottery tickets comprising: a ticket barcode associated with a ticket identifier that uniquely identifies that instant lottery ticket, a validation barcode associated with a validation identifier for that instant lottery ticket, and a scratch-off coating (“SOC”) covering the validation barcode;
dispensing a purchased instant lottery ticket from the lottery ticket holder and dispenser;
scanning a ticket barcode printed on the purchased instant lottery ticket to obtain the ticket identifier of the purchased instant lottery ticket;
sending the ticket identifier of the purchased instant lottery ticket to a lottery central system to enable activation of the purchased instant lottery ticket by the lottery central system;
capturing first image data for the purchased instant lottery ticket with the SOC covering the validation barcode;
sending the first image data to the lottery central system;
removing the SOC covering the validation barcode of the purchased instant lottery ticket to obtain a revealed instant lottery ticket;
capturing second image data for the revealed instant lottery ticket with the SOC removed from the validation barcode;
sending the second image data to the lottery central system;
scanning the validation barcode printed on the revealed instant lottery ticket to obtain the validation identifier of the revealed instant lottery ticket; and
sending the validation identifier of the revealed instant lottery ticket to the lottery central system to enable validation of the revealed instant lottery ticket by the lottery central system.
Claim 18 recite the steps of a method comprising:
scanning ticket barcodes of instant lottery tickets associated with a lottery ticket holder and dispenser to obtain ticket identifiers for the instant lottery tickets, each of the instant lottery tickets comprising: a ticket barcode associated with a ticket identifier that uniquely identifies that instant lottery ticket, a validation barcode associated with a validation identifier for that instant lottery ticket, and a scratch-off coating (“SOC”) covering the validation barcode;
sending dispenser ticket supply data to a lottery central system, the dispenser ticket supply data comprising the ticket identifiers of the instant lottery tickets associated with the lottery ticket holder and dispenser;
dispensing a purchased instant lottery ticket from the lottery ticket holder and dispenser;
scanning a ticket barcode printed on the purchased instant lottery ticket to obtain the ticket identifier of the purchased instant lottery ticket;
sending the ticket identifier of the purchased instant lottery ticket to the lottery central system to enable activation of the purchased instant lottery ticket by the lottery central system;
capturing first image data for the purchased instant lottery ticket with the SOC covering the validation barcode;
sending the first image data to the lottery central system;
removing the SOC covering the validation barcode of the purchased instant lottery ticket to obtain a revealed instant lottery ticket;
capturing second image data for the revealed instant lottery ticket with the SOC removed and sending the second image data to the lottery central system; and
determining the validation barcode printed on the revealed instant lottery ticket to obtain the validation identifier of the revealed instant lottery ticket to enable validation of the revealed instant lottery ticket by the lottery central system.
Claim 20 recite the steps of a method comprising:
storing instant lottery tickets in lottery ticket holder and dispenser, each of the instant lottery tickets comprising: a ticket barcode associated with a ticket identifier that uniquely identifies that instant lottery ticket, a validation barcode associated with a validation identifier for that instant lottery ticket, and a scratch-off coating (“SOC”) covering the validation barcode;
dispensing one of the instant lottery ticket from the lottery ticket holder and dispenser, said instant lottery ticket being a purchased instant lottery ticket;
scanning a ticket barcode printed on the purchased instant lottery ticket to obtain the ticket identifier of the purchased instant lottery ticket;
sending the ticket identifier of the purchased instant lottery ticket to the lottery central system to enable activation of the purchased instant lottery ticket by the lottery central system;
capturing first image data for the purchased instant lottery ticket with the SOC covering the validation barcode;
sending the first image data to the lottery central system;
removing the SOC covering the validation barcode of the purchased instant lottery ticket, the purchased instant lottery ticket with the SOC removed being a revealed instant lottery ticket;
capturing second image data for the revealed instant lottery ticket with the SOC removed and sending the second image data to the lottery central system; and
determining the validation barcode printed on the revealed instant lottery ticket to obtain the validation identifier of the revealed instant lottery ticket to enable validation of the revealed instant lottery ticket by the lottery central system.
The claim limitations (as underlined above) are steps of organizing human activity.
According to the 2019 Revised Patent Subject Matter Guidelines, organizing human activity includes managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). The interaction encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping.
Step 2a2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration if the claim limitations are directed to a practical application.
Limitations that are indicative of integration into a practical application:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using 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 - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1-20 do not apply a judicial exception to effect a particular treatment, and do not transform or reduce a particular article to a different state or thing.
Claims 1-20 are not directed to an improvement to a function of a computer. There is no improvement to a technical field. In addition, the claims do not apply the judicial exception with, or by use of a particular machine.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claim as a whole is analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claims amount to significantly more than the exception.
The courts have ruled that storing data in a database and retrieving data from a database is well-known conventional and routine functions of a computer as indicated below.
Electronic recordkeeping, Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 225, 110 USPQ2d 1984 (2014) (creating and maintaining "shadow accounts"); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log).
Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
The steps of identifying events, identifying and displaying available outcomes, providing selection options, are steps of presenting offers. The courts have ruled that a computer to present offers is well-known, routine and convention, or insignificant extra solution activity.
Determining an estimated outcome and setting a price, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; and
The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gotlieb et al (US 2022/0148371).
Regarding claims 1, 18, and 20: Gotlieb et al discloses a method comprising: holding different instant lottery tickets in a lottery ticket holder and dispenser (see paragraph [0226], showing the lottery system 1720 may be configured to provide a user-portal 1760, for example, by which a user (e.g., a purchaser, a player, and a lottery-card/ticket holder) may access certain functionality), each of the instant lottery tickets comprising: a ticket barcode associated with a ticket identifier that uniquely identifies that instant lottery ticket, a validation barcode associated with a validation identifier for that instant lottery ticket, and a scratch-off coating (“SOC”) covering the validation barcode (see paragraphs [0076], showing covering may include a material that may be suitably removed by a purchaser, such as a scratch-off material, an example of which may include, but is not limited to a latex film. The scratch-of material may obscure various information and the main ticket portion 107 may include barcode information 113, which may be in the form of one or more barcodes although only one is depicted. Barcode information will contain the Ticket Unique Identifier 117 information); dispensing a purchased instant lottery ticket from the lottery ticket holder and dispenser (see paragraph [0188], showing an embodiment of a process relating to an instant lottery scratcher dispensed at the POS terminal via an in-lane ticket dispenser system); scanning a ticket barcode printed on the purchased instant lottery ticket to obtain the ticket identifier of the purchased instant lottery ticket (see paragraph [0189], showing the user may scan the quick-response response code (e.g., a QR code®) (for example, with a mobile device, and/or a scanner within the store, possibly near the POS 502 or at the in-lane dispenser machine 1220) to reveal the winning numbers associated with that instant ticket. The user may match these winning number revealed by scanning the quick-response response code); sending the ticket identifier of the purchased instant lottery ticket to a lottery central system to enable activation of the purchased instant lottery ticket by the lottery central system (see paragraph [0079], showing when the pre-printed ticket with pre-printed wagers is purchased, the central gaming system 540 may simply assign the next draw date to the pre-printed ticket and activate the ticket within the lottery system); capturing first image data for the purchased instant lottery ticket with the SOC covering the validation barcode (see paragraph [0050], showing information may be communicated in the form of an image, text or any other message format deemed appropriate); sending the first image data to the lottery central system (see paragraph [0079], showing when the pre-printed ticket with pre-printed wagers is purchased, the central gaming system 540 may simply assign the next draw date to the pre-printed ticket and activate the ticket within the lottery system); removing the SOC covering the validation barcode of the purchased instant lottery ticket to obtain a revealed instant lottery ticket (see paragraph [0284], showing the gaming device 2100 comprises a covering 2130 configured to obscure the user device-interface 2120 such that the user device-interface 2120 cannot be viewed or accessed until the covering 2130 has been removed, such as until after the gaming device has been sold and activated. In various embodiments, the covering 2130 may include a material that may be suitably removed by a purchaser, such as a removable sticker or a scratch-off material such as a latex film. In the embodiment of FIGS. 21A, 21B, and 21C, the covering 2130 comprises a removable sticker having the activation code 2110 disposed thereon); capturing second image data for the revealed instant lottery ticket with the SOC removed from the validation barcode (see paragraph [0050], showing information may be communicated in the form of an image, text or any other message format deemed appropriate); sending the second image data to the lottery central system (see paragraph [0079], showing when the pre-printed ticket with pre-printed wagers is purchased, the central gaming system 540 may simply assign the next draw date to the pre-printed ticket and activate the ticket within the lottery system); scanning the validation barcode printed on the revealed instant lottery ticket to obtain the validation identifier of the revealed instant lottery ticket (see paragraph [0098], showing a barcode scanner 2107 may be connected for scanning in barcode information, such as Universal Product Code information, and pre-printed ticket information); and sending the validation identifier of the revealed instant lottery ticket to the lottery central system to enable validation of the revealed instant lottery ticket by the lottery central system (see paragraphs [0098], [0099], showing verification of the pre-printed lottery ticket information may involve checking that the received information corresponds to an actual ticket, verifying one or more check-digits, and/or verifying that the pre-printed lottery ticket was distributed to the retailer).
Regarding claim 2: Gotlieb et al discloses wherein the first image data comprises still image data (see paragraph [0050], showing information may be communicated in the form of an image, text or any other message format deemed appropriate).
Regarding claim 3: Gotlieb et al discloses sending the first image data to a purchaser electronic device associated with an order for the purchased instant lottery ticket to cause a display of a still image of the purchased instant lottery ticket by the purchaser electronic device (see figure 28; paragraphs [0230] and [0351], showing a purchaser selects the UCSL device (e.g., a stored-value lottery card 1300 or a pre-printed lottery ticket 1500), which may be displayed at the retailer 1701 and, at block 1802, the purchaser proceeds to the POS terminal 1702 and presents the UCSL device to the cashier to be scanned and purchased).
Regarding claim 4: Gotlieb et al discloses sending third image data to a purchaser electronic device associated with an order for the purchased instant lottery ticket to cause a display of a still image associated with the purchased instant lottery ticket by the purchaser electronic device, wherein the third image data comprises one of: (a) a previously stored image of the purchased instant lottery ticket, (b) a default image associated with the purchased instant lottery ticket, and (c) an augmented image associated with the purchased instant lottery ticket (see figure 28; paragraphs [0230] and [0351], showing a purchaser selects the UCSL device (e.g., a stored-value lottery card 1300 or a pre-printed lottery ticket 1500), which may be displayed at the retailer 1701 and, at block 1802, the purchaser proceeds to the POS terminal 1702 and presents the UCSL device to the cashier to be scanned and purchased).
Regarding claim 5: Gotlieb et al discloses wherein the second image data comprises still image data (see paragraph [0050], showing information may be communicated in the form of an image, text or any other message format deemed appropriate).
Regarding claim 6: Gotlieb et al discloses sending the second image data to a purchaser electronic device associated with an order for the purchased instant lottery ticket to cause a display of a still image of the revealed instant lottery ticket by the purchaser electronic device (see figure 28; paragraphs [0230] and [0351], showing a purchaser selects the UCSL device (e.g., a stored-value lottery card 1300 or a pre-printed lottery ticket 1500), which may be displayed at the retailer 1701 and, at block 1802, the purchaser proceeds to the POS terminal 1702 and presents the UCSL device to the cashier to be scanned and purchased).
Regarding claim 7: Gotlieb et al discloses sending dispenser ticket supply data to the lottery central system, the dispenser ticket supply data comprising the ticket identifiers of the instant lottery tickets held by the lottery ticket holder and dispenser (see paragraph [0188], showing a process relating to an instant lottery scratcher dispensed at the POS terminal via an in-lane ticket dispenser system 1200. The consumer requests an instant lottery game by handing a clerk the instant scratcher chit 1100 that is merchandised in store. The clerk scans the machine-readable indicia 1110 on the instant scratcher chit 1100 and the consumer tenders payment via the POS terminal 1210. The POS terminal 1210 triggers an in-lane ticket dispenser 1220 to dispense the requested instant lottery ticket. The consumer scratches the instant lottery ticket, gets the result, and then the consumer follows traditional redemption in-store and/or lottery office process).
Regarding claim 8: Gotlieb et al discloses sending available ticket data based on the dispenser ticket supply data to a purchaser electronic device to cause a display by the purchaser electronic device of indications of the different instant lottery tickets available for purchase from the lottery ticket holder and dispenser (see paragraph [0188], showing a process relating to an instant lottery scratcher dispensed at the POS terminal via an in-lane ticket dispenser system 1200. The consumer requests an instant lottery game by handing a clerk the instant scratcher chit 1100 that is merchandised in store. The clerk scans the machine-readable indicia 1110 on the instant scratcher chit 1100 and the consumer tenders payment via the POS terminal 1210. The POS terminal 1210 triggers an in-lane ticket dispenser 1220 to dispense the requested instant lottery ticket. The consumer scratches the instant lottery ticket, gets the result, and then the consumer follows traditional redemption in-store and/or lottery office process).
Regarding claim 9: Gotlieb et al discloses wherein holding the different instant lottery tickets comprises holding the different instant lottery tickets in a plurality of lottery ticket holder and dispensers, and wherein sending the dispenser ticket supply data to the lottery central system comprises sending, by each of the plurality of lottery ticket holder and dispensers, the dispenser ticket supply data from that lottery ticket holder and dispenser to the lottery central system (see paragraph [0188], showing a process relating to an instant lottery scratcher dispensed at the POS terminal via an in-lane ticket dispenser system 1200. The consumer requests an instant lottery game by handing a clerk the instant scratcher chit 1100 that is merchandised in store. The clerk scans the machine-readable indicia 1110 on the instant scratcher chit 1100 and the consumer tenders payment via the POS terminal 1210. The POS terminal 1210 triggers an in-lane ticket dispenser 1220 to dispense the requested instant lottery ticket. The consumer scratches the instant lottery ticket, gets the result, and then the consumer follows traditional redemption in-store and/or lottery office process).
Regarding claim 10: Gotlieb et al discloses wherein each of the instant lottery tickets comprises a predefined scratch-off area that comprises the validation barcode and variable lottery game symbols; the SOC covers the validation barcode and the variable lottery game symbols; and removing the SOC covering the validation barcode comprises removing the SOC covering the validation barcode without removing the SOC covering the variable lottery game symbols (see paragraphs [0076], showing covering may include a material that may be suitably removed by a purchaser, such as a scratch-off material, an example of which may include, but is not limited to a latex film. The scratch-of material may obscure various information and the main ticket portion 107 may include barcode information 113, which may be in the form of one or more barcodes although only one is depicted. Barcode information will contain the Ticket Unique Identifier 117 information).
Regarding claim 11: Gotlieb et al discloses wherein each of the instant lottery tickets comprises a predefined scratch-off area that comprises the validation barcode and variable lottery game symbols; the SOC covers the validation barcode and the variable lottery game symbols; and removing the SOC covering the validation barcode comprises removing the SOC covering the validation barcode and the SOC covering the variable lottery game symbols (see paragraphs [0076], showing covering may include a material that may be suitably removed by a purchaser, such as a scratch-off material, an example of which may include, but is not limited to a latex film. The scratch-of material may obscure various information and the main ticket portion 107 may include barcode information 113, which may be in the form of one or more barcodes although only one is depicted. Barcode information will contain the Ticket Unique Identifier 117 information).
Regarding claims 12 and 19: Gotlieb et al wherein removing the SOC covering the validation barcode comprises removing the SOC covering the validation barcode without capturing image data while the SOC is being removed (see paragraph [0284], showing the gaming device 2100 comprises a covering 2130 configured to obscure the user device-interface 2120 such that the user device-interface 2120 cannot be viewed or accessed until the covering 2130 has been removed, such as until after the gaming device has been sold and activated. In various embodiments, the covering 2130 may include a material that may be suitably removed by a purchaser, such as a removable sticker or a scratch-off material such as a latex film. In the embodiment of FIGS. 21A, 21B, and 21C, the covering 2130 comprises a removable sticker having the activation code 2110 disposed thereon).
Regarding claim 13: Gotlieb et al discloses printing ticket ownership information onto the revealed ticket, and which comprises receiving the ticket ownership information from the lottery central system, the ticket ownership information comprising a player identifier that identifies a purchaser account associated with the revealed instant lottery ticket (see paragraph [0079], showing when the pre-printed ticket with pre-printed wagers is purchased, the central gaming system 540 may simply assign the next draw date to the pre-printed ticket and activate the ticket within the lottery system).
Regarding claim 14: Gotlieb et al discloses receiving an award tier identifier associated with the revealed ticket from the lottery central system (see paragraph [0063], showing the draw-type pre-printed lottery ticket 100 may include a covering 340 configured to obscure the play-selections 120, an encrypted control number 130, a low-tier redemption code 140, and a high-tier redemption code 220, until removed).
Regarding claim 15: Gotlieb et al discloses wherein the different instant lottery tickets held in the lottery ticket holder and dispenser comprise inactivated instant lottery tickets that cannot be redeemed until activated (see paragraph [0226], showing the lottery system 1720 may be configured to provide a user-portal 1760, for example, by which a user (e.g., a purchaser, a player, and a lottery-card/ticket holder) may access certain functionality).
Regarding claim 16: Gotlieb et al discloses receiving a game identifier associated with an order for the purchased instant lottery ticket; obtaining scanned ticket data for the purchased instant lottery ticket, the scanned ticket data comprising a scanned game identifier; comparing the received game identifier with the scanned game identifier; and causing the purchased instant lottery ticket to be discarded without activation of the purchased instant lottery ticket when the received game identifier and the scanned game identifier do not match (see paragraph [0188], showing a process relating to an instant lottery scratcher dispensed at the POS terminal via an in-lane ticket dispenser system 1200. The consumer requests an instant lottery game by handing a clerk the instant scratcher chit 1100 that is merchandised in store. The clerk scans the machine-readable indicia 1110 on the instant scratcher chit 1100 and the consumer tenders payment via the POS terminal 1210. The POS terminal 1210 triggers an in-lane ticket dispenser 1220 to dispense the requested instant lottery ticket. The consumer scratches the instant lottery ticket, gets the result, and then the consumer follows traditional redemption in-store and/or lottery office process).
Regarding claim 17: Gotlieb et al discloses capturing the first image data for the purchased instant lottery ticket with the SOC covering the validation barcode comprises employing a still image capture device to capture the first image data; and capturing the second image data for the revealed instant lottery ticket with the SOC removed from the validation barcode comprises employing the still image capture device to capture the second image data (see paragraphs [0076], showing covering may include a material that may be suitably removed by a purchaser, such as a scratch-off material, an example of which may include, but is not limited to a latex film. The scratch-of material may obscure various information and the main ticket portion 107 may include barcode information 113, which may be in the form of one or more barcodes although only one is depicted. Barcode information will contain the Ticket Unique Identifier 117 information).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bennett discloses system and method for providing players with location of lottery tickets with specific game play characters; Roeygaard et al discloses lottery ticket data interceptor for a point-of-sale system.
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 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 at (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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
Prosecution Insights