Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This action is in response to Applicant’s amendment filed July 30, 2026. Claim 1 has been amended. Claims 2-15 have been newly added. Claims 1-15 are pending.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Amended claim 1 and newly added claim 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. US 8,150,956. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the present application have overlapping subject matter as the patent. For example, both recite the features of receiving datastream describing news, identifying event matches based on the one or more descriptions of current events and event descriptions associated with a plurality of games, and transmitting data describing event matches to a mobile device. The present claims differ in that they recite receiving user input. This is an obvious variation. Before the effective filing date of the invention, one of ordinary skill in the art would have been motivated to recite a variation of claims in order to seek broader patent protection.
Present Application
U.S. Patent No. US 8,150,956
1. A method comprising: receiving a user input, wherein the user input provides event descriptions and selected games, wherein the described events may or may not occur during the selected game; receiving a datastream describing news; extracting one or more descriptions of current events from the datastream; identifying event matches based on the one or more descriptions of current events and the event descriptions associated with the selected games by one or more processors; and transmitting data describing event matches to a remote device.
11. An apparatus comprising: a network interface; one or more processors connected to the network interface, the one or more processors configured to performing a plurality of operations comprising: receiving a user input from the network interface, wherein the user input provides event descriptions and selected games, wherein the described events may or may not occur during the selected game; receiving a datastream describing news from the network interface; extracting one or more descriptions of current events from the datastream; identifying event matches based on the one or more descriptions of current events and the event descriptions associated with the selected games; and transmitting data describing event matches to a remote device.
1. A method comprising: receiving, by a processor of a processing device, a datastream describing news; extracting, by the processor, one or more descriptions of current events from the datastream; identifying, by the processor, event matches based on the one or more descriptions of current events and event descriptions associated with a plurality of games; identifying, by the processor, alert registration data associated with each game in the plurality of games, wherein the alert registration data includes a list of mobile devices registered to receive alerts regarding each game in the plurality of games; determining, by the processor, a number of mobile devices registered to receive alerts for each game in a subset of the plurality of games, wherein the subset comprises a game and at least one other game; determining, by the processor, an estimate of the correlation among user interests in the subset of the plurality of games based at least in part on the count, wherein determining the estimate of the correlation among user interests in the subset of the plurality of games comprises maintaining a coincidence matrix for the plurality of games; storing, by the processor, the estimates of the correlations; and transmitting, by the processor, data describing event matches to a mobile device.
5. An apparatus comprising: a data storage device storing gaming preferences that include data indicative of one or more games and data identifying at least one mobile device registered to receive alerts regarding the games, wherein a game includes a wager, an event with a plurality of possible outcomes, and a payout associated with each outcome; and a processing device configured to: receive a datastream describing news; extract one or more descriptions of current events from the datastream; identify event matches based on the one or more descriptions of current events and event descriptions associated with a plurality of games; identify alert registration data associated with each game in the plurality of games, wherein the alert registration data includes a list of mobile devices registered to receive alerts regarding each game in the plurality of games; determine a number of mobile devices registered to receive alerts for each game in a subset of the plurality of games, wherein the subset comprises a game and at least one other game; determine an estimate of the correlation among user interests in the subset of the plurality of games based at least in part on the count, wherein determining the estimate of the correlation among user interests in the subset of the plurality of games comprises maintaining a coincidence matrix for the plurality of games; store the estimates of the correlations; and transmit data describing event matches to a mobile device.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. US 12,236,750. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim in the present application is fully anticipated by the patent. The present claim is broader because it does not recite other details recited by the patent. Before the effective filing date of the invention, one of ordinary skill in the art would have been motivated to broaden claims in order to seek broader patent protection.
Present Application
U.S. Patent No. US 12,236,750
6. A non-transitory computer readable medium storing a plurality of executable instructions, wherein execution of the executable instructions by one or more processors causes the one or more processors to perform a plurality of operations, the plurality of operations comprising: receiving a user input, wherein the user input provides event descriptions and selected games, wherein the described events may or may not occur during the selected game; receiving a datastream describing news; extracting one or more descriptions of current events from the datastream; identifying event matches based on the one or more descriptions of current events and the event descriptions associated with the selected games; and transmitting data describing event matches to a remote device.
1. A non-transitory computer-readable medium with instructions stored therein which, when executed, cause at least one processor to: receive a datastream; extract one or more descriptions of current events from the datastream; identify event matches based on the one or more descriptions of current events and event descriptions associated with a plurality of games; identify alert registration data associated with each game in the plurality of games, wherein the alert registration data includes a list of mobile devices registered to receive an alert message regarding each game in the plurality of games; determine a number of mobile devices registered to receive the alert message for each game in a subset of the plurality of games, wherein the subset comprises a game and at least one other game; determine an estimate of correlation among user interests in the subset of the plurality of games; store the estimates of the correlations; and transmit data describing the event matches to a first mobile device; receive a request from the respective mobile device that the alert message be forwarded to a second mobile device; and transmit the alert message to the second mobile device.
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 (i.e., changing from AIA to pre-AIA ) 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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 1-15 is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Sobotka et al. (US 20070226182, hereinafter referred to as “Sobotka”).
Regarding claim 1, Sobotka teaches a method comprising:
receiving a user input, wherein the user input provides event descriptions and selected games, wherein the described events may or may not occur during the selected game ([0026] The subscriber requests 130 may vary widely depending on the preferences of the subscriber (i.e., the user of a client system 104), the interface being used by the subscriber, among other factors. Subscriber requests 130 may include any data relating to the occurrence of an event of which the subscriber wishes to be notified. By way of example, subscriber requests 130 may include requests for notification of an event such as: [0030] Sports scores for team X; [0031] Sports scores when team X loses);
receiving a datastream describing news ([0038] The server system 102 is configured to monitor for the occurrence of events. The event data 126 may be communicated to the server 102 from an event source 106. Note that the terms "event data", "monitored events", "events", and the like, are used herein interchangeably. Alerts may be triggered by any type of event data 126 received from the event source 106. The event source 106 may include any number of data generation sources, such as a client computer, a server system, a web page, a human, a news source, among other sources. By way of example and not limitation, event data 126 may include really simple syndication ("RSS") feeds, stock quotes, sports scores, news headlines, status reports, and the like. The event data 126 may optionally be stored within an event data store 134 for later use by the event matching module 108, or buffered in event data store 134 when a flood of event data is received and cannot be immediately attended to.);
extracting one or more descriptions of current events from the datastream ([0049] To further illustrate the above description, an example will be provided. Suppose there are group of subscribers who are all interested in the status of a stock having ticker symbol XYZ. Some subscribers would like to be notified when the XYZ stock goes up in price by 3% within a single day. Other subscribers would like to be notified when the XYZ stock hits a price of $19 per share. Another group of subscribers would like to be notified of the stock price only at the end of each yearly quarter. To further complicate matters, some subscribers only want to be notified if the stock is up 3% and exceeds $19 per share, while other subscribers only want to be notified when the stock exceeds $19 per share at the end of a yearly quarter. As will be appreciated, the permutations on any one topic can be innumerable, and the process of matching each subscriber request to each monitored event can be daunting. [0050] To efficiently deal with the above scenario, the present invention places each of the above subscribers into a node 204 or 206 within an event matching table 202c dedicated exclusively to the stock ticker XYZ (i.e., "Topic 3"=XYZ). The nodes wherein the subscribers are placed are each assigned a subscriber request value relating to each subscriber's request. For example, the parent node 204a may have a subscriber request value (SRV1) relating to a change of +3%, where subscribers S1, S2, and S3 are those subscribers who are interested in receiving a notification any time the XYZ stock goes up by 3%. The parent node 204b may have a subscriber request value (SRV2) relating to a price that exceeds $19 per share, where subscriber S4 is a subscriber who is interested in receiving a notification any time the XYZ stock exceeds $19 per share. The parent node 204c may have a subscriber request value (SRV3) relating to quarterly updates, where subscribers S5 and S6 are those subscribers who are interested in receiving a notification at the end of every quarter. [0051] The sub-nodes 206 are provided for subscribers who are only interested in receiving a notification upon the occurrence of two or more events. For example, the sub-node 206b may have a subscriber request value (SRV6) relating to a price that exceeds $19 per share, where subscribers S9 and S10 are subscribers who are only interested in receiving a notification when the XYZ stock both exceeds $19 per share and goes up by 3%. Likewise, the sub-node 206f may have a subscriber request value (SRV10) relating to a trade volume of the XYZ stock that exceeds $1 million, where subscriber S16 is a subscriber who is only interested in receiving a notification when the XYZ stock goes up by 3%, exceeds $19 per share, and also exceeds $1 million in trade volume. The other nodes 204 and sub-nodes 206 may be assigned subscriber request values to address all other subscriber requests that may arise.);
identifying event matches based on the one or more descriptions of current events and the event descriptions associated with the selected games by one or more processors ([0023] Embodiments of the present invention provide for a data structure for streamlining the process of matching the occurrence of events to a group of subscriber requests. Following the occurrence of an event, an event processor evaluates and formats the event to prepare the event data for submission to an event matching table. The event matching table is divided into a plurality of nodes, where each node is dedicated to a unique subscriber request value. Each node contains the identities of all subscribers who are interested in receiving an "alert", or "event notification", regarding the occurrence of an event relating to the subscriber request value assigned to the node. Therefore, when an event occurs having data related to the subscriber request value assigned to a specific node, the subscribers listed in that node will receive a notification of the occurrence of the relevant event. The event matching table is configured so that the monitored events need not be compared to each subscriber, or even each node. Instead, the event processor and event matching table are configured to select the appropriate node without comparing each event to each subscriber or node. Eliminating the need to compare each monitored event to each subscriber or node reduces the amount of processing resources and time needed to transmit notification requests to event notification subscribers.); and
transmitting data describing event matches to a remote device ([0013] The server system may monitor the occurrence of events, and may send notification data to the client system, when notification has been requested, after one of the monitored events occurs.).
Regarding claim 2, Sobotka teaches the method of claim 1, wherein identifying event matches comprises performing text searching on the extracted one or more descriptions of current events with a search term based on the user input ([0036] performing a keyword search).
Regarding claim 3, Sobotka teaches the method of claim 2, wherein the user input includes the search term ([0037] Converting the subscriber request 130 into the format of a subscriber request value 122 may be simplified by customizing the user interface used by the subscriber to submit subscriber requests such that the data transmitted from the client 104 to the server 102 is already in the subscriber request value format. In this case, a quick search can be made to determine if a matching subscriber request value 122 exists in the event matching table 114, or if a new node should be created having a new subscriber request value 122.).
Regarding claim 4, Sobotka teaches the method of claim 1, wherein transmitting further comprises transmitting an alert message to one or more mobile devices registered to receive the alert message ([0025] In the example shown in FIG. 1, the server 102 includes an event matching module 108 for managing requests from subscribers and for sending event notifications to subscribers regarding the occurrence of events of interest to the subscribers. The event matching module 108 receives subscriber requests 130 over link 132 from one or more clients 104. As illustrated in FIG. 1, clients 104 may include handheld devices 132, computers 134, among other devices capable of receiving event notifications from a server 102.).
Regarding claim 5, Sobotka teaches the method of claim 1, wherein the selected games comprise sports contests ([0030] Sports scores for team X; [0031] Sports scores when team X loses).
Claims 6-10 are similar to claims 1-5, respectively, but in non-transitory computer readable medium form. Nevertheless, this is taught by Sobotka under the same rationale; specifically, Sobotka teaches non-transitory computer readable medium ([0012]).
Claims 11-15 are similar to claims 1-5, respectively, but in apparatus form. Sobotka teaches apparatus comprising: a network interface and one or more processors connected to the network interface (figure 1).
Response to Arguments
Double Patenting
The amended and newly added claims contain overlapping subject matter as the patents. The rejection is sustained as stated in the rejection above.
Claim Rejections - 35 USC § 101
The rejection is withdrawn in view of Applicant’s amendment and persuasive argument.
Claim Rejections - 35 USC § 102
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALINA N BOUTAH whose telephone number is (571)272-3908. The examiner can normally be reached M-F 7:00 AM - 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Umar Cheema can be reached at (571) 270-3037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALINA BOUTAH
Primary Examiner
Art Unit 2458
/ALINA A BOUTAH/Primary Examiner, Art Unit 2458
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