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 .
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wright et al (US 2006/0100008).
Regarding claims 1, 10, and 18: Wright et al discloses an instant-win draw lottery gaming system comprising: a jackpot server that maintains a progressive jackpot award amount for plays an instant-win draw lottery game (see figure 2; paragraph [0072], showing the server 202 can provide updated jackpot information based on lottery wins and/or losses to the first instant online lottery unit 204, the second instant online lottery unit 206, and the third instant online lottery unit 208); and a central server including a processor and memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to: communicate with lottery terminals to enable purchasers to purchases of instant-win draw lottery tickets for the plays of the instant-win draw lottery game, wherein for each of the plays of the instant-win draw lottery game (see paragraph [0082], showing a communication controller 410 in the instant online lottery unit 204 can communicate with the server 2402. The communication controller 410 can receive data such as the value of the jackpot. The communication controller 410 can store this value on the memory 414 so that the lottery unit processor 406 can compute a known percentage of the jackpot that can be won by the player. In another embodiment, the lottery unit processor 406 can communicate with the communication controller 410 after data is received by the communication controller 410 from the memory 414. The lottery unit processor 406 can then store the data in the memory 414), each instant-win draw lottery ticket for that play of the instant-win draw lottery game is purchasable for any one of a plurality of different purchase amounts, and each instant-win draw lottery ticket of that play of the instant-win draw lottery game has one of a plurality of different odds of winning the entire progressive jackpot award amount, wherein each of the different odds is based on a different one of the different purchase amounts (see paragraph [0114], showing instant online lottery game with multiple levels of participation is provided. Players can select the price of the ticket to be purchased. In one embodiment, the price of the ticket can increase or reduce the odds of winning. In another embodiment, the price of the ticket can increase or reduce the prize distribution but the odds are the same for all ticket holders), and wherein a determination of whether that instant-win draw lottery ticket results in a win of the entire progressive jackpot award amount is in accordance with the odds based on the purchase amount for that instant-win draw lottery ticket (see paragraph [0073], showing if the player won the instant online lottery game, then a pre-established portion of the jackpot or the jackpot in its entirety can be provided to the player and can be deducted from the jackpot for future play. On the other hand, if the player does not win the instant online lottery jackpot, the jackpot can remain available to future players of the instant online lottery game. If only a portion is won, the remaining portion can remain available to future players).
Regarding claim 2: Wright et al discloses wherein for each of the plays of the instant-win draw lottery game, the plurality of different purchase amount are linearly related to the plurality of different odds of winning the entire progressive jackpot award amount (see paragraphs [0019], [0114], [0155], showing each of the instant online lottery ticket prices corresponds to a distinct known percentage of a progressive jackpot and different ticket prices provide a player with the opportunity to play for a pre-determined percentage of the progressive jackpot, or the progressive jackpot in its entirety).
Regarding claim 3: Wright et al discloses wherein for each of the plays of the instant-win draw lottery game, the plurality of different purchase amounts are non-linearly related to the plurality of different odds of winning the entire progressive jackpot award amount (see paragraph [0186], showing a fixed allocation of prizes representing a pre-determined percentage of ticket sales revenues and allocated among the squares in a grid or matrix used for the instant online lottery game. In one example, the ticket price 2902 can be three dollars. An instant online lottery number 2904 can be provided for playing the instant online lottery game).
Regarding claim 4: Wright et al discloses wherein for each of the plays of the instant-win draw lottery game, if the instant-win draw lottery ticket for that play of the instant-win draw lottery game does not result in the win of the entire progressive jackpot award amount, the plurality of instructions, when executed by the processor, cause the processor to: communicate data corresponding to a percentage of the purchase amount for that instant-win draw lottery ticket to the jackpot server to include the progressive jackpot award amount maintained by that jackpot server (see paragraphs [0019], [0114], [0155], showing each of the instant online lottery ticket prices corresponds to a distinct known percentage of a progressive jackpot and different ticket prices provide a player with the opportunity to play for a pre-determined percentage of the progressive jackpot, or the progressive jackpot in its entirety).
Regarding claim 5: Wright et al discloses wherein the percentage of the purchase amount for that instant-win draw lottery ticket is the same for each of the plurality of different purchase amounts for that instant-win draw lottery ticket (see paragraph [0014], showing instant online lottery processor calculates a distribution of the progressive jackpot to the player based upon the distinct known percentage associated with the instant online lottery ticket price selected by the player if the instant online lottery number matches any one of the plurality of game-play combinations).
Regarding claim 6: Wright et al discloses wherein for each of the plays of the instant-win draw lottery game, the plurality of different purchase amounts comprise $5, $10, and $20, and the plurality of different odds of winning the entire progressive jackpot award amount comprise: first odds associated with the $5 purchase amount, second odds associated with the $10 purchase amount, and third odds associated with the $20 purchase amount, wherein the third odds are greater than the second odds, and the second odds are greater than the first odds (see paragraphs [0114], [0115], showing Players can select the price of the ticket to be purchased. In one embodiment, the price of the ticket can increase or reduce the odds of winning. In another embodiment, the price of the ticket can increase or reduce the prize distribution but the odds are the same for all ticket holders. The first price category can be for lottery tickets purchased for $w. The instant online lottery ticket in the first price category can be purchased from a ticket seller 1602. The first price category can be associated with a first prize distribution of a lottery prize that can be won. For example, the ticket holder 206 may have purchased the instant online lottery ticket for five dollars in order to play for a chance to win one hundred percent of the jackpot.).
Regarding claim 7: Wright et al discloses wherein for each of the plays of the instant-win draw lottery game, the plurality of different purchase amounts comprise $5, $10, and $20, and the plurality of different odds of winning the entire progressive jackpot award amount comprise: first odds associated with the $5 purchase amount, second odds associated with the $10 purchase amount, and third odds associated with the $20 purchase amount, wherein the third odds are double the second odds, and the second odds are double first odds (see paragraphs [0114], [0115], showing Players can select the price of the ticket to be purchased. In one embodiment, the price of the ticket can increase or reduce the odds of winning. In another embodiment, the price of the ticket can increase or reduce the prize distribution but the odds are the same for all ticket holders. The first price category can be for lottery tickets purchased for $w. The instant online lottery ticket in the first price category can be purchased from a ticket seller 1602. The first price category can be associated with a first prize distribution of a lottery prize that can be won. For example, the ticket holder 206 may have purchased the instant online lottery ticket for five dollars in order to play for a chance to win one hundred percent of the jackpot.).
Regarding claim 8: Wright et al discloses wherein for each of the plays of the instant-win draw lottery game, the central server is configured to operate with one of the lottery terminals to: process data associated with of a player selection of a quantity of numbers for the instant-win draw lottery ticket for that play of the instant-win draw lottery game, process data associated with a player selection of one of the plurality of different purchase amounts for the instant-win draw lottery ticket for that play of the instant-win draw lottery game, generate the instant-win draw lottery ticket for that play of the instant-win draw lottery game, store data associated with the instant-win draw lottery ticket for that play of the instant-win draw lottery game, and cause the instant-win draw lottery ticket for that play of the instant-win draw lottery game to be provided to the player (see abstract; figures 1-4; paragraph [0082], showing a communication controller 410 in the instant online lottery unit 204 can communicate with the server 2402. The communication controller 410 can receive data such as the value of the jackpot. The communication controller 410 can store this value on the memory 414 so that the lottery unit processor 406 can compute a known percentage of the jackpot that can be won by the player. In another embodiment, the lottery unit processor 406 can communicate with the communication controller 410 after data is received by the communication controller 410 from the memory 414. The lottery unit processor 406 can then store the data in the memory 414).
Regarding claim 9: Wright et al discloses wherein for each of the plays of the instant-win draw lottery game, the instant-win draw lottery ticket for that play of the instant-win draw lottery game comprises an indication of the instant-win draw lottery game, an indication of the progressive jackpot award amount that can be entirely won for that play of the instant-win draw lottery game, an indication of the purchase amount for that instant-win draw lottery ticket, and an indication of the odds of winning the entire progressive jackpot award amount, an indication of each of the player numbers for the plays of the instant-win draw lottery game, and an indication of each of the drawn numbers for the play of the instant-win draw lottery game (see paragraphs [0136], [0137], showing the instant online lottery unit can have a jackpot display 2014 that indicates the jackpot value. In one embodiment, the server 1812 can send the jackpot value to the instant online lottery unit for display on the jackpot display 2014. The instant online lottery unit can also have an instant online lottery price display 2002 that displays prices for instant online lottery tickets and associated known prize distributions for each of the instant online lottery ticket prices; and showing the indication can also be provided as to whether an instant online lottery ticket allows for secondary prizes. In one embodiment, the secondary prizes can vary according to the number of matched numbers and the price of the instant online lottery ticket. In another embodiment, the secondary prices can vary only according to the number of matched numbers between the instant online lottery number and the set of game-play combinations).
Regarding claim 11: Wright et al discloses wherein the plurality of first different purchase amounts is different than the plurality of second different purchase amounts (see paragraphs [0019], [0114], [0155], showing different purchase amounts where each of the instant online lottery ticket prices corresponds to a distinct known percentage of a progressive jackpot and different ticket prices provide a player with the opportunity to play for a pre-determined percentage of the progressive jackpot, or the progressive jackpot in its entirety).
Regarding claim 12: Wright et al discloses wherein the plurality of first different odds is different than the plurality of second different odds (see paragraphs [0114], [0115], showing Players can select the price of the ticket to be purchased. In one embodiment, the price of the ticket can increase or reduce the odds of winning. In another embodiment, the price of the ticket can increase or reduce the prize distribution but the odds are the same for all ticket holders. The first price category can be for lottery tickets purchased for $w. The instant online lottery ticket in the first price category can be purchased from a ticket seller 1602. The first price category can be associated with a first prize distribution of a lottery prize that can be won. For example, the ticket holder 206 may have purchased the instant online lottery ticket for five dollars in order to play for a chance to win one hundred percent of the jackpot.).
Regarding claim 13: Wright et al discloses wherein the plurality of first different purchase amounts is different than the plurality of second different purchase amounts, and wherein the plurality of first different odds is different than the plurality of second different odds (see paragraphs [0114], [0115], showing Players can select the price of the ticket to be purchased. In one embodiment, the price of the ticket can increase or reduce the odds of winning. In another embodiment, the price of the ticket can increase or reduce the prize distribution but the odds are the same for all ticket holders. The first price category can be for lottery tickets purchased for $w. The instant online lottery ticket in the first price category can be purchased from a ticket seller 1602. The first price category can be associated with a first prize distribution of a lottery prize that can be won. For example, the ticket holder 206 may have purchased the instant online lottery ticket for five dollars in order to play for a chance to win one hundred percent of the jackpot.).
Regarding claim 14: Wright et al discloses wherein the plurality of first different purchase amounts is the same as the plurality of second different purchase amounts, and wherein the plurality of first different odds is the same as the plurality of second different odds (see paragraph [0186], showing a fixed allocation of prizes representing a pre-determined percentage of ticket sales revenues and allocated among the squares in a grid or matrix used for the instant online lottery game. In one example, the ticket price 2902 can be three dollars. An instant online lottery number 2904 can be provided for playing the instant online lottery game).
Regarding claim 15: Wright et al discloses wherein the plurality of first different purchase amounts is different than the plurality of second different purchase amounts, and wherein the plurality of first different odds is the same as the plurality of second different odds (see paragraph [0186], showing a fixed allocation of prizes representing a pre-determined percentage of ticket sales revenues and allocated among the squares in a grid or matrix used for the instant online lottery game. In one example, the ticket price 2902 can be three dollars. An instant online lottery number 2904 can be provided for playing the instant online lottery game).
Regarding claim 16: Wright et al discloses wherein the plurality of first different purchase amounts is the same as the plurality of second different purchase amounts, and wherein the plurality of first different odds is different than the plurality of second different odds (see paragraphs [0114], [0115], showing Players can select the price of the ticket to be purchased. In one embodiment, the price of the ticket can increase or reduce the odds of winning. In another embodiment, the price of the ticket can increase or reduce the prize distribution but the odds are the same for all ticket holders. The first price category can be for lottery tickets purchased for $w. The instant online lottery ticket in the first price category can be purchased from a ticket seller 1602. The first price category can be associated with a first prize distribution of a lottery prize that can be won. For example, the ticket holder 206 may have purchased the instant online lottery ticket for five dollars in order to play for a chance to win one hundred percent of the jackpot.).
Regarding claim 17: Wright et al discloses wherein each instant-win draw lottery ticket comprises an indication of the instant-win draw lottery game, an indication of the progressive jackpot award amount that can be entirely won for that play of the instant-win draw lottery game, an indication of the purchase amount for that instant-win draw lottery ticket, and an indication of the odds of winning the entire progressive jackpot award amount, an indication of each of the player numbers for the plays of the instant-win draw lottery game, and an indication of each of the drawn numbers for the play of the instant-win draw lottery game (see paragraphs [0136], [0137], showing the instant online lottery unit can have a jackpot display 2014 that indicates the jackpot value. In one embodiment, the server 1812 can send the jackpot value to the instant online lottery unit for display on the jackpot display 2014. The instant online lottery unit can also have an instant online lottery price display 2002 that displays prices for instant online lottery tickets and associated known prize distributions for each of the instant online lottery ticket prices; and showing the indication can also be provided as to whether an instant online lottery ticket allows for secondary prizes. In one embodiment, the secondary prizes can vary according to the number of matched numbers and the price of the instant online lottery ticket. In another embodiment, the secondary prices can vary only according to the number of matched numbers between the instant online lottery number and the set of game-play combinations).
Regarding claim 19: Wright et al discloses wherein for each of the plays of plurality of the instant-win draw lottery games, if the instant-win draw lottery ticket for that play of the instant-win draw lottery game does not result in the win of the entire progressive jackpot award amount, the plurality of instructions, when executed by the processor, cause the processor to: communicate data corresponding to a percentage of the purchase amount for that instant-win draw lottery ticket to the jackpot server to includes the progressive jackpot award amount maintained by that jackpot server (see paragraphs [0019], [0114], [0155], showing each of the instant online lottery ticket prices corresponds to a distinct known percentage of a progressive jackpot and different ticket prices provide a player with the opportunity to play for a pre-determined percentage of the progressive jackpot, or the progressive jackpot in its entirety).
Regarding claim 20: Wright et al discloses wherein for each of the plays of the plurality of instant-win draw lottery games, the instant-win draw lottery ticket for that play of the instant-win draw lottery game comprises an indication of the instant-win draw lottery game, an indication of the progressive jackpot award amount that can be entirely won for that play of the instant-win draw lottery game, an indication of the purchase amount for that instant-win draw lottery ticket, and an indication of the odds of winning the entire progressive jackpot award amount, an indication of each of the player numbers for the plays of the instant-win draw lottery game, and an indication of each of the drawn numbers for the play of the instant-win draw lottery game (see paragraphs [0019], [0114], [0155], showing each of the instant online lottery ticket prices corresponds to a distinct known percentage of a progressive jackpot and different ticket prices provide a player with the opportunity to play for a pre-determined percentage of the progressive jackpot, or the progressive jackpot in its entirety).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hamilton et al disclose lottery gaming system and method; Wright discloses lottery ticket providing for multiple games; Fulton discloses a lottery game.
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
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