Detailed Action
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 an abstract idea without significantly more. See Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 134 S. Ct. 2347 (2014).
The claim(s) recite(s), inter alia,
provide a lottery ticket board comprising different additional award symbols, different awards associated with the different additional award symbols, and empty additional match symbol slots
enable a purchase of a draw lottery ticket for a drawing of a draw lottery game and a link of the draw lottery ticket to the lottery ticket board
wherein the draw lottery ticket comprises player numbers for the drawing of the draw lottery game
wherein the drawing of the draw lottery game comprises a random determination of drawn symbols, a determination of one of the additional award symbols that results in the award associated with that additional award symbol being won, and a determination of an additional match symbol that fills one of the empty additional match symbol slots
Under the broadest reasonable interpretation, claims 1-20 relate to accepting wagers and accordingly awarding payouts based on a random outcome. Wagering is a form of settling financial obligations, which has been held to be an abstract fundamental economic practice. See Alice, Id. at 220; In re Smith, 815 F.3d 816, 818-19, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016).
The abstract idea is not integrated into a practical application. Representative claim 1 recites the additional elements of a lottery terminal, a central lottery server, a processor and a memory device. Specifically, these additional elements, when considered individually or in combination, are not integrated into a practical application because:
Lottery terminal and lottery server – are described in the specification with a high degree of generality:
[0060] In various embodiments, the lottery gaming system enables the player to purchase the lottery ticket board for the drawings of the draw lottery game via any suitable manner such as, but not limited to, one of the following: (1) a dedicated lottery kiosk (e.g., a lottery kiosk) configured to communicate over a data network (such as the Internet) to a lottery server (such as a lottery server 606 described below in connection with FIG. 3); (2) a retailer-operated lottery terminal configured to communicate over a data network (such as the Internet) to a lottery server (such as a lottery server 606 described below in connection with FIG. 3); and/or (3) a PED such as a personal computer configured to communicate over a data network (such as the Internet) to a lottery server (such as a lottery server 606 described below in connection with FIG. 3) or such as a cellular telephone, a tablet, a smart phone, or other suitable device configured to communicate over a data network (such as a wireless or cellular data network) to a lottery server (such as a lottery server 606 described below in connection with FIG. 3).
[0123] In various example embodiments, the lottery server 606 includes one or more processor(s). Such a processor functions to process instructions, and in particular, to operate in accordance with various methods described herein. For example, the processor may operate to enable the lottery server 606 to transmit data to (and receive data from) the lottery retailer terminal 602. More specifically, the processor of the lottery server 606 may enable the transmission of data representing a lottery ticket, as well as information defining one or more payout(s) associated with that lottery ticket to or by a specific one of the lottery retailer terminals 602 shown in the lottery network 600 of FIG. 3. Thus, the lottery server 606 may be implemented as a system controller, a dedicated hardware circuit, an appropriately and particularly programmed general-purpose computer, or any other equivalent electronic, mechanical or electro-mechanical device capable of providing for one or more of the embodiments described herein.
Processor and memory – are also described in the specification with a high degree of generality:
[0115] In various example embodiments, the lottery retailer terminal 602 includes one or more processor(s). Generally, the processor is operative to perform or process instructions, and in particular, to operate in accordance with the various methods described herein. For example, the processor of the lottery retailer terminal 602 may be operable to enable the lottery retailer terminal 602 to transmit data to (and receive data from) the lottery server 606. More specifically, the processor may enable the transmission of data representing each lottery ticket.
[0120] In various example embodiments, the lottery retailer terminal 602 includes a data storage device such as a hard disk, optical or magnetic media, random access memory (RAM) and/or read-only memory (ROM), or the like memory device. Generally, the data storage device of the lottery retailer terminal 602 stores a software program, the software program enabling a processor of the retailer terminal 602 to perform various functions including some or all of the various steps described herein. For example, in accordance with various embodiments, the lottery retailer terminal 602 may be configured to perform some or all of the functions of the lottery server 606 (and vice versa) such that the lottery server 606 and the lottery retailer terminal 602 may be considered as the same "device."
Specific features are not claimed. Therefore, it would be reasonable to interpret these as routine and conventional computing components.
Claims 2-9, 11-16 and 17-20 are similarly directed to resolving financial obligations and/or are performable as human mental processes. Accordingly, they are also found to be ineligible subject matter under the requirements of this section.
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) A person shall be entitled to a patent unless—
(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, 3-10 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rogers et al (US 2016/0101352 A1).
Regarding claim 1, Rogers discloses a lottery gaming system comprising a lottery terminal and a central lottery server (Fig. 4) comprising a processor and a memory device that stores a plurality of instructions (¶ [0057]), that when executed by the processor, cause the processor to provide a lottery ticket board comprising different additional award symbols (Fig. 3B), different awards associated with the different additional award symbols (Fig. 3D), and empty additional match symbol slots (Fig. 3E), and enable a purchase of a draw lottery ticket for a drawing of a draw lottery game (Fig. 1: 12) and a link of the draw lottery ticket to the lottery ticket board (Fig. 1: 20), wherein the draw lottery ticket comprises player numbers for the drawing of the draw lottery game (Fig. 1: 16), and wherein the drawing of the draw lottery game comprises: a random determination of drawn symbols (Fig. 1: 30 and ¶ [0017]), a determination of one of the additional award symbols that results in the award associated with that additional award symbol being won (¶ [0049]: prize enhancement is awarded upon collection in the first game of all indicia in the respective predefined grouping of indicia), and a determination of an additional match symbol that fills one of the empty additional match symbol slots (Fig. 3E: 32).
Regarding claim 3, Rogers discloses providing the lottery ticket board associated with payment of a purchase price for the lottery ticket board (¶ [0017]: purchase of first game entry).
Regarding claims 4 and 18, Rogers discloses wherein the lottery ticket board is associated with drawings for the draw lottery game during a predetermined time period (¶ [0012]: scheduled periodic basis), wherein for each said drawing, a draw lottery ticket for that drawing is linkable to the lottery ticket board (Fig. 2).
Regarding claims 5 and 19, Rogers discloses wherein the lottery ticket board is associated with a limited quantity of drawings for the draw lottery game (¶ [0012]: acquiring the predefined set of first bonus game symbols prior to the scheduled date of the bonus game), wherein for each said drawing, a draw lottery ticket for that drawing is linkable to the lottery ticket board (Fig. 2).
Regarding claims 6 and 20, Rogers discloses wherein the lottery ticket board is associated with drawings for the draw lottery game on specific dates (¶ [0012]: acquiring the predefined set of first bonus game symbols prior to the scheduled date of the bonus game), wherein for each said drawing, a draw lottery ticket for that drawing is linkable to the lottery ticket board (Fig. 2).
Regarding claims 7 and 14, Rogers discloses wherein each additional match symbol that fills one of the empty additional match symbol slots is usable to match a drawn symbol for a subsequent drawing of the draw lottery game (Fig. 2: Bonus Drawing).
Regarding claims 8 and 15, Rogers discloses wherein one of the additional match symbols that fills one of the empty additional match symbol slots is usable with one of the player numbers of a subsequently purchased lottery ticket to match drawn symbols for a subsequent drawing of the draw lottery game (Fig. 2: Bonus Drawing).
Regarding claims 9 and 16, Rogers discloses wherein the determination of one of the additional award symbols that results in the award associated with that additional award symbol being won, and the determination of the additional match symbol that fills one of the empty additional match symbol slots are separate from the random determination of drawn symbols (Fig. 2).
Claim 1 subsumes the limitations of independent claims 10 and 17. Claims 10 and 17 are accordingly rejected for the same reasons given supra.
Regarding claim 13, Rogers discloses wherein the lottery ticket board comprises a lottery ticket board code indicator that is readable to enable linking of the draw lottery ticket to the lottery ticket board (44).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. If this application names joint inventors, Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Rogers in view of Randhawa (US 2009/0280886 A1).
Regarding claim 2, Rogers discloses wherein the lottery ticket board comprises a lottery ticket board code indicator (44). Randhawa suggests—where Rogers does not disclose—a next draw indicator (142: Oct 24, 2003 - Nov 7, 2003) and a remaining draws indicator (142: Draws: 3). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the invention to combine the disclosures of Rogers and Randhawa in order to inform the player of the ticket’s validity status.
Regarding claim 11, Rogers discloses wherein an additional draw lottery ticket for that next drawing is linkable to the lottery ticket board (Fig. 2). Randhawa suggests——where Rogers does not disclose—wherein the lottery ticket board comprises a next draw indicator that indicates a date for a next drawing for the draw lottery game (142: Oct 24, 2003 - Nov 7, 2003). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the invention to combine the disclosures of Rogers and Randhawa in order to inform the player of the ticket’s validity status.
Regarding claim 12, Rogers discloses wherein additional draw lottery tickets for the quantity of remaining drawing for the draw lottery game are linkable to the lottery ticket board (Fig. 2). Randhawa suggests——where Rogers does not disclose—wherein the lottery ticket board comprises a remaining draws indicator that indicates a quantity of remaining drawings for the draw lottery game (142: Oct 24, 2003 - Nov 7, 2003). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the invention to combine the disclosures of Rogers and Randhawa in order to inform the player of the ticket’s validity status.
Conclusion
The prior art considered pertinent to applicant's disclosure and not relied upon is made of record on the attached PTO-892 form.
Rennard (US 9027832 B1) discloses a second chance lottery system.
Frick et al (US 20130324212 A1) discloses a card-based instant lottery system.
Pollard et al (US 8517811 B2) discloses a lottery and second chance game.
Denton et al (US 20120302309 A1) discloses a lottery game with player points accumulation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steve Rowland whose telephone number is (469) 295-9129. The examiner can normally be reached on Monday through Thursday, alternate Fridays, 8:30 am to 6:00 pm, Eastern Time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Dmitry Suhol can be reached at (571) 272-4430. The fax number for the organization where this application or proceeding is assigned is (571) 273-8300.
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.
Applicant may choose, at his or her discretion, to correspond with Examiner via Internet e-mail. A paper copy of any and all email correspondence will be placed in the appropriate patent application file. Email communication must be authorized in advance. Without a written authorization by applicant in place, the USPTO will not respond via e-mail to any correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122.
Authorization may be perfected by submitting, on a separate paper, the following (or similar) disclaimer:
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Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with me concerning any subject matter of this application by electronic mail. I understand that a copy of these communications will be made of record in the application file.
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See MPEP 502.03 for more information.
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/STEVE ROWLAND/Primary Examiner, Art Unit 3715
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