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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,861,988 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite substantially similar subject matter (see charts below). The differences between the instant claims and the patented claims do not result in a substantive difference which would modify the scope of the claimed invention. Thus, the claims only contain nominal differences in language which do not render them patentably distinct from the patented claims.
Application 19/001,883
U.S. Patent 11,861,988 B2
Claim 1 (and similar claims 9 and 16). A digital lottery ticket system comprising:
a processor; and
a memory device storing a plurality of instructions that when executed by the processor, cause the processor to:
receive, via a first electronic communications network, a player ticket validation request from a lottery system access terminal, the player ticket validation request comprising data obtained from a player mobile electronic access device and associated with a digital lottery ticket;
responsive to receiving the player ticket validation request, determine if the digital lottery ticket is valid and redeemable;
responsive to determining that the digital lottery ticket is valid and redeemable, send, via a second electronic communications network, a ticket validation SMS with data representing a code to the player mobile electronic access device;
receive, via the first electronic communications network, a player ticket redemption request from the lottery system access terminal, the player ticket redemption request comprising data representing a digital lottery ticket identification and the code;
responsive to receiving the player ticket redemption request, determine based on the data representing the digital lottery ticket identification and the code, whether to approve or deny the player ticket redemption request; and
responsive to determining to approve the player ticket redemption request, send, via the first electronic communications network, a ticket redemption approval to the lottery system access terminal to approve payment of an award for the digital lottery ticket and to cause the lottery system access terminal to display an indication of an approval of the payment of the award for the digital lottery ticket.
Claim 1 (and similar claims 9 and 16). A digital lottery ticket system comprising:
a processor; and
a memory device storing a plurality of instructions that when executed by the processor, cause the processor to:
receive, via a first electronic communications network, a player ticket validation request from a lottery system access terminal, the player ticket validation request comprising data associated with data obtained from an image of a digital lottery ticket displayed by a player mobile electronic access device;
responsive to receiving the player ticket validation request, determine if the digital lottery ticket is valid and redeemable;
responsive to determining that the digital lottery ticket is valid and redeemable, create and send, via a second electronic communications network, a ticket validation SMS with data representing a one-time code to the player mobile electronic access device;
receive, via the first electronic communications network, a player ticket redemption request from the lottery system access terminal, the player ticket redemption request comprising data representing a digital lottery ticket identification, the one-time code, and a player code;
responsive to receiving the player ticket redemption request, determine based on the data representing the digital lottery ticket identification, the one-time code, and the player code, whether to approve or deny the player ticket redemption request; and
responsive to determining to approve the player ticket redemption request, create and send, via the first electronic communications network, a ticket redemption approval to the lottery system access terminal to approve payment of an award for the digital lottery ticket and to cause the lottery system access terminal to display an indication of an approval of the payment of the award for the digital lottery ticket.
Claim 2. The digital lottery ticket system of claim 1, wherein the data obtained from the player mobile electronic access device is based on an image of the digital lottery ticket displayed by the player mobile electronic access device.
From claim 1: “the player ticket validation request comprising data associated with data obtained from an image of a digital lottery ticket displayed by a player mobile electronic access device”
Claim 3 (and similar claim 10). The digital lottery ticket system of claim 1, wherein determining if the digital lottery ticket is valid and redeemable comprises determining that the digital lottery ticket is valid, that the digital lottery ticket has not already been redeemed, and that the digital lottery ticket is associated with a player mobile telephone number.
Claim 3 (and similar claim 10). The digital lottery ticket system of claim 1, wherein determining if the digital lottery ticket is valid and redeemable comprises determining that the digital lottery ticket is valid, that the digital lottery ticket has not already been redeemed, and that the digital lottery ticket is associated with a player mobile telephone number.
Claim 4 (and similar claim 11). The digital lottery ticket system of claim 1, wherein the plurality of instructions, when executed by the processor, cause the processor to, responsive to determining that the digital lottery ticket is either not valid and/or not redeemable, send, via the first electronic communication network, a ticket validation denial to the lottery system access terminal.
Claim 4 (and similar claim 11). The digital lottery ticket system of claim 1, wherein the plurality of instructions, when executed by the processor, cause the processor to, responsive to determining that the digital lottery ticket is either not valid and/or not redeemable, create a ticket validation denial and send, via the first electronic communication network, the ticket validation denial to the lottery system access terminal.
Claim 5 (and similar claim 12). The digital lottery ticket system of claim 1, wherein the plurality of instructions, when executed by the processor, cause the processor to, responsive to determining that the digital lottery ticket data is valid and redeemable, send, via the first electronic communication network, a ticket validation approval to the lottery system access terminal.
Claim 5 (and similar claim 12). The digital lottery ticket system of claim 1, wherein the plurality of instructions, when executed by the processor, cause the processor to, responsive to determining that the digital lottery ticket data is valid and redeemable, create a ticket validation approval and send, via the first electronic communication network, the ticket validation approval to the lottery system access terminal.
Claim 6 (and similar claim 13). The digital lottery ticket system of claim 1, wherein the plurality of instructions, when executed by the processor, cause the processor to, responsive to the determining that the player ticket redemption request is not approved, send, via the first electronic communication network, a ticket redemption denial to the lottery system access terminal.
Claim 6 (and similar claim 13). The digital lottery ticket system of claim 1, wherein the plurality of instructions, when executed by the processor, cause the processor to, responsive to the determining that the player ticket redemption request is not approved, create a ticket redemption denial and send, via the first electronic communication network, the ticket redemption denial to the lottery system access terminal.
Claim 7 (and similar claim 14). The digital lottery ticket system of claim 1, wherein the ticket redemption approval confirms that the digital lottery ticket is associated with the player mobile telephone and an amount of the award.
Claim 7 (and similar claim 14). The digital lottery ticket system of claim 1, wherein the ticket redemption approval confirms that the digital lottery ticket is associated with the player mobile telephone and an amount of the award.
Claim 8 (and similar claims 15 and 20). The digital lottery ticket system of claim 1, which does not require a digital voucher to validate or redeem the digital lottery ticket.
Claim 8 (and similar claims 15 and 20). The digital lottery ticket system of claim 1, which does not require a digital voucher to validate or redeem the digital lottery ticket.
Claim 17. The lottery system access terminal of claim 16, wherein the data associated with the digital lottery ticket is obtainable by the lottery system access terminal from a display by the player mobile electronic access device.
From claim 16: “obtained from an image of a digital lottery ticket displayed by a player mobile electronic access device”
Claim 18. The lottery system access terminal of claim 16, wherein the plurality of instructions, when executed by the processor, cause the processor to, responsive to receiving a ticket validation denial for that digital lottery ticket, via the first electronic communication network, display an indication of the ticket validation denial.
Claim 18. The digital lottery ticket system access terminal of claim 16, wherein the plurality of instructions, when executed by the processor, cause the processor to, responsive to receiving a ticket validation denial for that digital lottery ticket, via the first electronic communication network, display an indication of the denial.
Claim 19. The lottery system access terminal of claim 16, wherein the plurality of instructions, when executed by the processor, responsive to receiving a ticket redemption denial, cause a display of an indication of the ticket redemption denial.
Claim 19. The digital lottery ticket system access terminal of claim 16, wherein the plurality of instructions, when executed by the processor, responsive to receiving a ticket redemption denial, display an indication of the denial.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Moshir et al. (US 8,965,416 B2)- teaches distribution of lottery tickets through mobile devices
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/ALLEN CHAN/Primary Examiner, Art Unit 3715 8/22/2026
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