Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 21-40 are pending in this office action. This action is responsive to Applicant’s application filed 04/29/2025.
Priority
3. Applicant’s claim for the benefit of a continuation of 18483846 , filed 10/10/2023 ,now U.S. Patent # 1229363118483846 is a Continuation of 17704959 , filed 03/25/2022 ,now U.S. Patent # 11798357 17704959 is a Continuation of 16437782 , filed 06/11/2019 ,now U.S. Patent # 11288919 16437782 Claims Priority from Provisional Application 62683398 , filed 06/11/2018 is acknowledged.
Since the Continuation application relied on part of the priority document (Continuation), the claim of priority will be considered on a claim-by-claim basis. The priority date of the instant application is at least 01/16/2925 (the filing date), but depending upon the specific material claimed, could be as early as 06/12/2018.
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Information Disclosure Statement
4. The references listed in the IDS filed 04/29/2025 has been considered. A copy of the signed or initialed IDS is hereby attached.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
5. Claims 21-40 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,798,357. Although the conflicting claims are not identical, they are not patentably distinct from each other because they are substantially similar in scope and they use the same limitations.
The following table shows the claims 21-30, in Instant Application that are rejected by corresponding claim(s) in US Patent No. 12,2993,631 claims 1-10.
Instant Application
US 12,2993,631 B2
21. (New) A system, comprising:
one or more processors coupled to non-transitory memory, the one or more processors configured to:
maintain,
for a user profile, a data structure including a plurality of features, each feature of the plurality of features associated with a respective user metric generated based at least on one or more historic contests previously entered using the user profile;
provide,
to a client device associated with the user profile, a first content item selected based on the respective user metric of a subset of the plurality of features in the data structure, the first content item corresponding to a first contest;
receive, from a client device associated with the user profile, a change to one or more player lineups of the user profile;
update, based on the change, the respective user metric of at least one feature of the plurality of features to generate a modified data structure of the user profile; and
provide,
to the client device associated with the user profile, a second content item corresponding to a second contest selected based on the modified data structure of the user profile.
22. (New) The system of claim 21, wherein
the one or more processors are further configured to generate the data structure for the user profile based on one or more outcomes of the one or more historic contests.
23. (New) The system of claim 21, wherein the one or more processors are further configured to determine a user type for the user profile based on a frequency that the user profile participates in one or more contests, the user type represented in the data structure.
24. (New) The system of claim 23, wherein the one or more processors are further configured to determine a skill level for the user profile based on the user type and an outcome of the one or more contests, the skill level represented in the data structure.
25. (New) The system of claim 21, wherein the one or more processors are further configured to modify the respective user metric of the at least one feature further based on an attribute of the first contest.
26. (New) The system of claim 21, wherein the data structure is generated further based on at least one player attribute of at least one player of the one or more player lineups.
27. (New) The system of claim 21, wherein the one or more processors are further configured to generate an activity profile for the user profile having data associated with the one or more historic contests.
28. (New) The system of claim 27, wherein the one or more processors are further configured to update a second user profile based on the activity profile of the user profile.
29. (New) The system of claim 21, wherein the one or more processors are further configured to generate a user cluster based on a plurality of data structures of a plurality of user profiles, wherein each user profile in the user cluster having one or more player attributes in common and one or more contest attributes in common.
30. (New) The system of claim 29, wherein the one or more processors are further configured to select the second contest based on the user cluster.
1. A method, comprising:
identifying, by one or more processors, one or more player lineups of a user profile and one or more respective contests for which the one or more player lineups were entered;
determining, by the one or more processors, i) a user type for the user profile on a frequency that the user profile participates in one or more fantasy sports contests or ii) a skill level for the user profile based on the user type and an outcome value of the one or more fantasy sports contests;
generating, by the one or more processors, using the user type or the skill level of the user profile, a data structure including a plurality of features, each feature of the plurality of features associated with a respective user metric generated based on one or more historic contests previously entered using the user profile;
providing, by the one or more processors, to a device associated with the user profile, a first content item selected based on the respective user metric of a subset of the plurality of features in the data structure, the first content item corresponding to a first contest;
receiving, by the one or more processors, an indication that the user profile participated in the first contest;
modifying, by the one or more processors, responsive to receiving the indication, the respective user metric for at least one feature of the plurality of features of the data structure based on a contest attribute of the first contest; and
providing, by the one or more processors,
to the device associated with the user profile, a second content item corresponding to a second contest selected based on the modified data structure of the user profile.
2. The method of claim 1, further comprising maintaining, by the one or more processors, a plurality of user profiles, the plurality of user profiles including the user profile.
3. The method of claim 1, wherein the data structure is generated further based on at least one player attribute of at least one player of a plurality of players included in the one or more player lineups or at least one contest attribute of the one or more respective contests for which the one or more player lineups were entered.
4. The method of claim 3, wherein the at least one player attribute comprises one or more of:
a name, a sport category, a location, a team value, a position value, a price parameter and one or more future contests specific to the respective player.
5. The method of claim 3, wherein the at least one contest attribute comprises one or more of:
a sport category, a price parameter, a prize parameter, a registrant threshold, a registrant limit, a current registrant count, a day value, a time value, a duration value, a contest type, and an experience level.
6. The method of claim 1, further comprising:
determining, by the one or more processors, a user type for the user profile on a frequency that the user profile participates in one or more fantasy sports contests; and
determining, by the one or more processors, a skill level for the user profile based on the user type and an outcome value of the one or more fantasy sports contests.
7. The method of claim 1, further comprising generating, by the one or more processors, an activity profile for the user profile having data associated with the one or more respective contests.
8. The method of claim 7, further comprising updating, by the one or more processors, a second user profile based on the activity profile of the user profile.
9. The method of claim 1, further comprising generating, by the one or more processors, a user cluster based on a plurality of data structures of a plurality of user profiles, wherein each user profile in the user cluster having multiple player attributes in common and multiple contest attributes in common.
10. The method of claim 1, further comprising:
receiving, by the one or more processors, one or more contest attributes from a third party server; and
updating, by the one or more processors, the data structure based on the one or more contest attributes.
Although the conflicting claims are not identical, they are not patentably distinct from each other because they are substantially similar in scope and they use the same limitations.
After analyzing the language of the claims, it is clear that claims 21-40 are merely an obvious variation of claims 1-20 of US Patent No. 12,2993,631.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
6. Claims 21-40 are rejected under 35 U.S.C. 103(a) as being unpatentable over Smith et al. (US Patent Publication No. 2014/0207840 A1, hereinafter “Smith”) in view of Campbell et al. (US Patent Publication No. 2008/0102911 A1, hereinafter “Campbell”) and McAuley et al. (US Patent Publication No. 2017/0165581 A1, hereinafter “McAuley”).
As to Claim 21, Smith teaches the claimed limitations:
“A system, comprising:” as methods and systems to calculate the better choices when a window to draft players into a team is open. Each play or game sequence within each real game played in the real world leads to an adjustment to the statistics of the players that are also assigned to a fantasy league team, thus changing their value within a draft window, as well as changing their value to the fantasy team in real time (paragraph 0036).
“one or more processors coupled to non-transitory memory, the one or more processors configured to:” as real time streaming of data as video or audio or other data was produced was limited to separate and disconnected processing methods or options as those skilled in the art were evolving tools and methods to address both the hardware and software issues involved. Memory itself was at a premium in those days, so changes in infrastructure and data transmission speed and access were needed to make the system and method described herein practicable (paragraph 0030).
“receive, from a client device associated with the user profile, a change to one or more player lineups of the user profile” as the hiatus in action between the scoring of a point or a goal or a basket or other marker of an end of a sequence of play provides the participants with a window of time in which to update or change their rosters or lineups or call plays or select other strategies to be tested on the live field of play by the athletes (players or assets) that are playing in the live event(s). These hiatuses in action or gaps in time between real time performance of assets may also be leveraged by video or audio or other data streaming entities to insert advertising into the "dead" spaces in the action unfolding in the scenario (paragraphs 0068-0070). The assets perform in real time the configuration profile instructs or informs data transmission or data receiving or processing devices and equipment to parse their transmissions for assets listed within user or participant configuration profiles and extract those segments for transmission. These extracted sections or segments of data are then streamed to a device associated with the participant or user for viewing. Alternatively, an intermediate server or sets of networked devices or servers may perform the extraction of the relevant sections or segments of data, providing permission from the transmitting entity is obtained (paragraphs 0068, 0076, 0078-0079).
“update, based on the change, the respective user metric of at least one feature of the plurality of features to generate a modified data structure of the user profile” as if the participant or user is provided access to information about assets assigned to an opposing participant or user, is the ability to designate data capture for assets that will be or might be placed in opposition to his own assets in the configuration profile in preparation for the unfolding of the actual real life scenario or simulation. As the scenario or fantasy sport or simulation or game unfolds, data associated with the performance of assets associated with the configuration profile is updated in real time via extraction and posting of the data as the assets perform in actual sports or games or simulations in the real world (paragraphs 0066, 0068). Statistics and real time audio and video streams and other data postable into mashups associated with said assets are updated in real time as they are captured, recorded, and distributed using a variety of transmission methods available to a pervasive computing environment. Said updated statistics may be transmitted by a third party such as a media outlet or through one or a plurality of social networks into which said participants are registered or enrolled (abstract, paragraphs 0080, 0083).
“provide, to the client device associated with the user profile, a second content item corresponding to a second contest selected based on the modified data structure of the user profile” as advances in user interaction and data visualization and presentation such that real time and historical data can be displayed on the same sectionalized screen and a user can interact with the data through mouse clicks or use of touch screen technology or gesture or voice commands or other methods (paragraphs 0027-0028, 0068-0071).
“maintain, for a user profile, a data structure including a plurality of features” as the scenario or simulation has at least one break in the action or sequence of play long enough for one of the devices of one of the participants to accept and post changes the configuration profile and thus to his roster(s) or lineup(s). In some embodiments, changes in strategy or non-human assets may be posted into a device that can accept changes in multiple classes of assets or multiple strategies. Statistics or data regarding players or other assets or strategies included in the game are maintained and updated and can be known prior to the game for the participant to consider as he assigns assets to a lineup or roster according to the participant's judgment or intuition. These statistics or data can be a combination of real time updates as well as historical data about the performance of assets on the roster or lineup (paragraph 0073-0074).
Smith does not explicitly teach the claimed limitation “maintain, for a user profile, a data structure including a plurality of features, each feature of the plurality of features associated with a respective user metric generated based at least on one or more historic contests previously entered using the user profile”.
Campbell teaches the fantasy sports context generator may also include entity recognition logic for identifying the name of the sports entity in the content if the content includes the metadata attribute associated with the sports entity. wherein the entity hyperlink includes a label which includes the metadata attribute, and wherein the entity hyperlink refers to a profile page for providing information related to the sports entity. The player interface feature may include the name of the selected sports player, and the player interface logic may present the player interface feature in a category, wherein the category is based upon the type of relationship between the selected sports player and the user's fantasy sports team. Furthermore, the player name feature may cause a profile of the selected player to be displayed in response to selection of the player name feature (paragraphs 0017-0021).
Smith does not explicitly teach the claimed limitation “provide, to a client device associated with the user profile, a first content item selected based on the respective user metric of a subset of the plurality of features in the data structure, the first content item corresponding to a first contest”.
McAuley teaches to determine how many points a fantasy sports team can score; real world performance metrics are given a value by the operator or league. The performance metrics and their associated values are set prior to the start of the contest or league and may vary depending on the operator's preferences (e.g., user profile) or the league's settings (paragraphs 0009-0010). The platform may offer contests in which individual video gamers are included in the pool of available players (paragraphs 0041-0042). The Schedule of Events specifies which real-world events are included in the contest. The example above of the NFL Week 1 Main Event contest, included all games (or Events) on the NFL Week 1 schedule. However, some contests may only include a select number of Events (paragraph 0043). However, the platform may offer contests with longer or shorter Durations (e.g., select). For example, the platform may offer a contest that lasts the entire NFL Regular Season. Also, the platform may offer Contests that have a Duration that is a partial game. For example, the platform may offer a contest in which stats accumulated by players on the final 9 holes of a Golf Tournament are the only stats that are scored for the Contest. Performance Metrics Scored, there were multiple Performance Metrics that were counted to determine the user's teams Fantasy Points. However, the platform may offer Contests that only score for single stats or limited combination of stats. For example, a Contest that the platform might offer is one in which the user would draft a team of 5 MLB players and in which Home Runs is the only Performance Metric scored, the platform may generate a target score such as 3.5. The user would then draft a team of 5 players. If the user's team hit more than 3.5 Home Runs during the Contest Duration, the user's team would be determined to have won the Contest (paragraphs 0044-0046, 0061, 0067).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, having the teachings of Smith, Campbell and McAuley before him/her, to modify Smith generated based at least on one or more historic contests previously entered using the user profile because that would provide features a fantasy sports context interface that provides information and selectable action features for linking online content to a fantasy sports game as taught by Campbell (paragraph 0025). Or generating a data structure including a plurality of features and selecting the content using an association between at least one player attribute and at least one contest attribute because that would provide a brand new way for users to participate in and wager on fantasy sports as taught by McAuley (paragraph 0028).
As to Claim 22, Smith teaches the claimed limitations:
“wherein the one or more processors are further configured to generate the data structure for the user profile based on one or more outcomes of the one or more historic contests” as (paragraphs 0055-0065, 0074-0077, 0092-0094).
McAuley teaches (paragraphs 0061, 0067).
As to Claim 23, Smith teaches the claimed limitations:
“wherein the one or more processors are further configured to determine a user type for the user profile based on a frequency that the user profile participates in one or more contests, the user type represented in the data structure” as (paragraphs 0032, 0069-0071, 0083, 0091, 0094, 0103).
McAuley teaches (paragraphs 0009-0010, 0035, 0041, 0050-0051, 0078-0081).
As to Claim 24, Smith teaches the claimed limitations:
“wherein the one or more processors are further configured to determine a skill level for the user profile based on the user type and an outcome of the one or more contests, the skill level represented in the data structure”
as (paragraphs 0034-0036, 0068-0075, 0091, 0094).
McAuley teaches (abstract, paragraphs 0033, 0035, 0037, 0041-0048, 0062).
As to Claim 25, Smith teaches the claimed limitations:
“wherein the one or more processors are further configured to modify the respective user metric of the at least one feature further based on an attribute of the first contest”
as (paragraphs 0006, 0051-0065, 0068-0082, 0085, 0103).
McAuley teaches (abstract, paragraphs 0009-0010, 0027-0028, 0033, 0035, 0037, 0041-0046).
As to Claim 26, Smith teaches the claimed limitations:
“wherein the data structure is generated further based on at least one player attribute of at least one player of the one or more player lineups” as (paragraphs 0069-0070, 0073-0074, 0091, 0094).
McAuley teaches (paragraphs 0009-0010, 0035, 0041, 0050-0051, 0078-0081).
As to Claim 27, Smith teaches the claimed limitations:
“wherein the one or more processors are further configured to generate an activity profile for the user profile having data associated with the one or more historic contests” as (paragraphs 0078-0082).
McAuley teaches (paragraphs 0124).
As to Claim 28, Smith teaches the claimed limitations:
“wherein the one or more processors are further configured to update a second user profile based on the activity profile of the user profile” as (paragraphs 0068, 0072, 0074, 0078, 0082).
As to Claim 29, Smith teaches the claimed limitations:
“wherein the one or more processors are further configured to generate a user cluster based on a plurality of data structures of a plurality of user profiles, wherein each user profile in the user cluster having one or more player attributes in common and one or more contest attributes in common” as (paragraphs 0069, 0103).
As to Claim 30, Smith teaches the claimed limitations:
“wherein the one or more processors are further configured to select the second contest based on the user cluster” as (paragraphs 0032, 0035, 0051, 0070-0071, 0094).
As to claims 31-40 rejected under 35 U.S.C 103(a), the limitations therein have substantially the same scope as claims 21-30. In addition, Smith teaches methods and systems to calculate the better choices when a window to draft players into a team is open. Each play or game sequence within each real game played in the real world leads to an adjustment to the statistics of the players that are also assigned to a fantasy league team, thus changing their value within a draft window, as well as changing their value to the fantasy team in real time (paragraph 0036).
Therefore, these claims are rejected for at least the same reasons as claims 21-30.
Examiner’s Note
Examiner has cited particular columns/paragraph and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
In the case of amending the Claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention. This will assist in expediting compact prosecution. MPEP 714.02 recites: “Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP § 2163.06. An amendment which does not comply with the provisions of 37 CFR 1.121(b), (c), (d), and (h) may be held not fully responsive. See MPEP § 714.” Amendments not pointing to specific support in the disclosure may be deemed as not complying with provisions of 37 C.F.R. 1.131(b), (c), (d), and (h) and therefore held not fully responsive. Generic statements such as “Applicants believe no new matter has been introduced” may be deemed insufficient.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Hwa whose telephone number is 571-270-1285 or email address james.hwa@uspto.gov. The examiner can normally be reached on 9:00 am – 5:30 pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ajay Bhatia can be reached on 571-272-3906. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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02/03/2026
/SHYUE JIUNN HWA/
Primary Examiner, Art Unit 2156