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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claim 1, the limitations " a digitally imaged second planar layer background pattern on the substrate that is digitally imaged in concordance with the at least one pseudorandomly placed winning indicum on the substrate " render the claim indefinite because it is unclear what the meaning is since the specification fails to explain the relationship between the background pattern and the winning indicum on the substrate. Furthermore, claim 17 recites “a second planar layer comprising a background pattern that is in concordance with the winning indicum and imparts an additional prize value to the virtual instant ticket” which renders the claim indefinite because it is unclear what the meaning is since the specification fails to explain the relationship between the background pattern and the winning indicum on the substrate. As a result, claims 1-8 and 17-20 are rejected.
Allowable Subject Matter
Claims 1-8 and 17-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
None of the references, either singularly or in combination, discloses or even suggests:
As per claims 1-8, a winning lottery instant ticket comprising: at least one pseudorandomly placed winning indicum that imparts a first prize value to the winning lottery instant ticket, and a plurality of pseudorandomly placed non-winning indicia that impart no other prize value to the winning lottery instant ticket; a digitally imaged second planar layer background pattern on the substrate that is digitally imaged in concordance with the at least one pseudorandomly placed winning indicum on the substrate and that imparts an additional prize value to the winning lottery instant ticket; and a scratch-off coating covering at least a portion of the first planar layer indicia and the second planar layer background pattern.
As per claims 17-20, a virtual instant ticket formed from a plurality of different planar layers, the virtual instant ticket comprising: a first planar layer comprising first planer layer indicia comprising winning and non-winning indicia, the first planar layer indicia associated with a prize value; and a second planar layer comprising a background pattern that is in concordance with the winning indicum and imparts an additional prize value to the virtual instant ticket.
Claims 9-16 are allowed.
None of the references, either singularly or in combination, discloses or even suggests:
As per claims 9-16, a non-winning lottery instant ticket comprising: digitally imaged first layer indicia on the substrate and comprising a plurality of pseudorandomly placed non-winning indicia that impart no prize value to the non-winning lottery instant ticket; a digitally imaged second layer background pattern on that substrate, wherein an additional prize value is associated with the second layer background pattern but the second layer background pattern does not impart the additional prize value to the non-winning lottery instant ticket due to the combination of the first layer indicia and the second layer background pattern; and a scratch-off coating covering at least a portion of the first layer indicia and the second layer background pattern.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See references cited on PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD LANEAU whose telephone number is (571)272-6784. The examiner can normally be reached Mon-Thu 7-5:30 ET.
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/Ronald Laneau/
Primary Examiner, Art Unit 3715
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