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 § 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.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) A method comprising: receiving, by at least one processor of at least one computer, from a first user a request to submit a wager; responsive to the request to submit a wager, causing to be communicated to the first user, by the at least one processor, a first betting matrix comprising a plurality of selectable elements arranged in rows and columns; receiving, by the at least one processor, from the first user a first bet comprising a selection by the first user of a first one of the plurality of selectable elements, the first selected element being in a selected one of the rows and in a selected one of the columns; responsive to receiving the first bet from the first user, causing to be communicated to the first user, by the at least one processor, a confirmation that the first bet is in effect, wherein a payout will be paid on the first bet if the first bet is a winning bet; causing to be communicated to the first user, by the at least one processor, betting category information associated with the first betting matrix, the betting category information comprising a first category of possible outcomes corresponding to the rows and a second category of possible outcomes corresponding to the columns; causing to be communicated to the first user, by the at least one processor, possible outcome indicia indicating a plurality of possible outcomes associated with the rows and columns of the first betting matrix, the possible outcome indicia comprising (1) for each row, indicia indicating a respective possible outcome of the first category corresponding to said row and (2) for each column, indicia indicating a respective possible outcome of the second category corresponding to said column, in which the first selected element corresponds to both (a) the respective possible outcome of the first category corresponding to the selected row and (b) the respective possible outcome of the second category corresponding to the selected column; determining, by the at least one processor, a first actual outcome corresponding to at least one of the possible outcomes of the first category and a second actual outcome corresponding to at least one of the possible outcomes of the second category; and responsive to determining a first actual outcome and a second actual outcome, cause to be communicated to the first user, by the at least one processor, information indicating whether the first bet is a winning bet. The underlined portion above relates to the abstract ideas of certain methods of organizing human activity and/or mental process. The claims relate to certain methods of organizing human activity because the claims directly relate to rules for a wagering game. The claims further are mental process because each of the elements of the claims could be done via two individuals having a conversation and with the use of pen and paper (such is evidenced by “Football Squares Pool” posted at http://keithlam.com/2006/02/07/football-squares-pool/ dated February 7, 2006). This judicial exception is not integrated into a practical application because the abstract idea is merely applied to a technological environment, that of implementing the abstract idea with a processor. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the only additional elements to the claim beyond the abstract idea is generic computing pars (processor) that the Supreme Court determined in Alice is insufficient to bring the claims into patent eligibility.
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 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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2008/0085770 to Morgan.
With regard to claim 1, Morgan discloses a method comprising: receiving, by at least one processor of at least one computer, from a first user a request to submit a wager ([0022]); responsive to the request to submit a wager, causing to be communicated to the first user, by the at least one processor, a first betting matrix comprising a plurality of selectable elements arranged in rows and columns (fig. 2; [0021]); receiving, by the at least one processor, from the first user a first bet comprising a selection by the first user of a first one of the plurality of selectable elements, the first selected element being in a select one of the rows and in a selected one of the columns (fig. 2; [0021]-[0022]; [0043]); responsive to receiving the first bet from the first user, causing to be communicated to the first user, by the at least one processor, a confirmation that the first bet is in effect, wherein a payout will be paid on the first bet if the first bet is a winning bet (fig. 2; [0021]-[0022]); causing to be communicated to the first user, by the at least one processor, a betting category information associated with the first betting matrix, the betting category information comprising a first category of possible outcomes corresponding to the rows and a second category of possible outcomes corresponding to the columns (fig. 2; [0027]); causing to be communication to the first user, by the at least one processor, possible outcome indicia indicating a plurality of possible outcomes associated with the rows and columns of the first betting matrix, the possible outcome indicia comprising for each row, indicia indicating a respective possible outcome of the first category corresponding to the said row and for each column, indicia indicating a respective possible outcome of the second category corresponding to said column, in which the first selected element corresponds to both the respective possible outcome of the first category corresponding to the selected row and the respective possible outcome of the second category corresponding to the selected column (fig. 2; [0027]); determining, by the at least one processor, a first actual outcome corresponding to at least one of the possible outcomes of the first category and a second actual outcome corresponding to at least one of the possible outcomes of the second category ([0022]; [0043]-[0045]); and responsive to determining a first actual outcome and a second actual outcome, cause to be communicated to the first user, by the determining processor, information indicating whether the first bet is a winning bet ([0022]; [0043]-[0045]).
Conclusion
This is a continuation of applicant's earlier Application No. 14/779863. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jay Liddle whose telephone number is (571)270-1226. The examiner can normally be reached M-F 9-5.
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.
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 phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Jay Trent Liddle/Primary Examiner, Art Unit 3715
