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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11,663,877. Although the claims at issue are not identical, they are not patentably distinct from each other because the independent claim 1 (for instance) of the instant application includes at least most of the limitations, aside from slight difference in wording, of the US patent 11,663,877 limitations (as evident in the comparison table below). Furthermore, one skilled in the art would understand and recognize that they both disclose similar limitations including method, comprising: receiving data, via a network connection, from a live event upon which wagers can be placed on actions occurring during the live event, the received data comprising data from a data feed and/or data from one or more sensors at the live event; displaying a video feed of the live event on a display device; defining one more areas for selecting a portion of the video feed of the live event based on one or more of sensor data, character recognition data, automatic content recognition (ACR) data, and facial recognition; and displaying, on the display device, elements of the event in the selected portion of the video feed of the live event, wherein available data from the event are dependent upon elements of the live event displayed on the device in the selected portion of the video feed of the live event (see claim 1 of US Patent No. 11,663,877).
The following claim chart shows the claim-to-claim comparison between independent claims 1 from both applications.
19/018,200
11,663,877
1. A method, comprising:
receiving data, via a network connection, from
a live event upon which wagers can be placed on actions occurring during the live event, the received data comprising data from a data feed and/or data from one or more sensors at the live event; displaying a video feed of the live event on a display device;
defining one more areas for selecting a portion of the video feed of the live event based on one or more of sensor data, character recognition data, automatic content recognition (ACR) data, and facial recognition; and
displaying, on the display device, elements of the event in the selected portion of the video feed of the live event, wherein available data from the event are dependent upon elements of the live event displayed on the device in the selected portion of the video feed of the live event.
1. A method of displaying information on a mobile device of at least one user related to an action in a live sporting event based on interaction with a live video feed and the at least one user, comprising:
receiving data from a live sporting event;
selecting, by the at least one user, a portion of a video feed of the live sporting event, wherein at least one of character recognition and facial recognition is used to select the portion; and
displaying, on the mobile device, elements of the live sporting event in the selected portion of the video feed of the live sporting event, wherein available data from the live sporting event are dependent upon elements of the live sporting event displayed on the mobile device in the selected portion of the video feed of the live sporting event.
This is an obviousness-type double patenting rejection.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,198,492. Although the claims at issue are not identical, they are not patentably distinct from each other because the independent claim 1 (for instance) of the instant application includes at least most of the limitations, aside from slight difference in wording, of the US patent 12,198,492 limitations (as evident in the comparison table below). Furthermore, one skilled in the art would understand and recognize that they both disclose similar limitations including method, comprising: receiving data, via a network connection, from a live event upon which wagers can be placed on actions occurring during the live event, the received data comprising data from a data feed and/or data from one or more sensors at the live event; displaying a video feed of the live event on a display device; defining one more areas for selecting a portion of the video feed of the live event based on one or more of sensor data, character recognition data, automatic content recognition (ACR) data, and facial recognition; and displaying, on the display device, elements of the event in the selected portion of the video feed of the live event, wherein available data from the event are dependent upon elements of the live event displayed on the device in the selected portion of the video feed of the live event (see claim 1 of US Patent No. 12,198,492).
The following claim chart shows the claim-to-claim comparison between independent claims 1 from both applications.
19/018,200
12,198,492
1. A method, comprising:
receiving data, via a network connection, from a live event upon which wagers can be placed on actions occurring during the live event, the received data comprising data from a data feed and/or data from one or more sensors at the live event; displaying a video feed of the live event on a display device;
defining one more areas for selecting a portion of the video feed of the live event based on one or more of sensor data, character recognition data, automatic content recognition (ACR) data, and facial recognition; and
displaying, on the display device, elements of the event in the selected portion of the video feed of the live event, wherein available data from the event are dependent upon elements of the live event displayed on the device in the selected portion of the video feed of the live event.
1. A method of displaying information on a device of at least one user related to wagering on an action in a live sporting event based on interaction with a live video feed and the at least one user, comprising:
receiving data from a sporting event upon which wagers can be placed on actions occurring during the live sporting event;
providing one more areas for selecting a portion of the video feed of the live sporting event based on one or more of sensor data, character recognition data, and facial recognition; and
displaying, on the device, elements of the sporting event in the selected portion of the video feed of the live sporting event, wherein available data from the sporting event are dependent upon elements of the live sporting event displayed on the device in the selected portion of the video feed of the live sporting event
This is an obviousness-type double patenting rejection.
Conclusion
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
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