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.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Does the claimed invention fall inside one of the four statutory categories (process, machine, manufacture, or composition of matter)? Yes for claims 1-20.
Claims 1-8 are drawn to a computer-readable media for performing a method for placing bets on a sporting event (i.e., a manufacture). Claims 9-14 are drawn to a method for placing bets on a sporting event (i.e., a process). Claims 15-20 are drawn to a computer-readable media for performing a method for placing bets on a sporting event (i.e., a manufacture).
Step 2A - Prong One: Do the claims recite a judicial exception (an abstract idea enumerated in the 2019 PEG, a law of nature, or a natural phenomenon)? Yes, for claims 1-20.
Claim 1 recites:
One or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event;
receiving, by the mobile device, a selection of a bet of the one or more bets
while the mobile device is outside of the geographic region;
storing the bet and the odds associated with the bet;
detecting that the mobile device is in the geographic region;
and placing the bet at the odds based on the location of the mobile device inside the geographic region.
These steps amount to a form of mental process and organizing human activity (i.e., an abstract idea) because a human can place bets on a sporting event, determine the location of a mobile device associated with a user, determine the odds associated with the bet, and compile a selection of bets. Applicant of claimed invention discloses “A user may … make a bet, watch the outcome, collect winnings, and make another bet” [0004].
Independent claims 9 and 15 describe nearly identical steps as claim 1 (and therefore recite limitations that fall within this subject matter of grouping abstract ideas), and these claims are therefore determined to recite an abstract idea under the same analysis. Dependent claims 2-8, 10-14, and 16-20 are directed towards mini-tasks (determining whether the geographic region is a sporting venue, offering additional bets based on user profile, determining whether the geographic region includes seating, parking, a restaurant, or a casino, etc.) for a media that performs a method of placing bets on a sporting event. Each claim amounts to a form of collecting, generating, and analyzing information, and therefore falls within the scope of a method for organizing human activity, (i.e., an abstract idea). As such, the Examiner concludes that claims 2-8, 10-14, and 16-20 recite an abstract idea.
Step 2A – Prong Two: Do the claims recite additional elements that integrate the exception into a practical application of the exception? No
In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “additional element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
The requirement to execute the claimed steps/functions using computer-readable media and a computer processor (independent claims 1, 9, and 15 and dependent claims 2-8, 10-14, and 16-20) is equivalent to adding the words “apply it” on a computer and/or mere instructions to implement the abstract idea on a computer.
Similarly, the limitations of a computer processor (independent claims 1, 9, and 15 dependent claims 2-8, 10-14, and 16-20) are recited at a high level of generality and amount to no more than instructions to apply the exception using computer components. These limitations do not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
Use of a computer, processor, memory or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015) (See MPEP 2106.05(f)).
Further, the additional limitations beyond the abstract idea identified above, serve to link the use of the judicial exception to a particular technological environment or field of use. Specifically, they serve to limit the application of the abstract idea to a computerized environment (e.g., identifying and displaying, etc.) performed by a computing device, processor, and memory, etc. This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined "an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer"). These limitations do not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application (see MPEP 2106.05(h)).
Dependent claims 2-8, 10-14, and 16-20 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims are further part of the abstract idea as identified by the Examiner for each respective independent claim (i.e., they are part of the abstract idea recited in each respective claim). The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claims are directed to an abstract idea.
Step 2B: Does the claim as a whole amount to significantly more than the judicial exception? i.e., Are there any additional elements (features/limitations/step) recited in the claim beyond the abstract idea? No
In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, are sufficient to ensure that the claims amount to significantly more than the judicial exception. This analysis is also termed a search for an “inventive concept.” An “inventive concept” is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amount to significantly more than the judicial exception itself. Alice Corp., 573 U.S. at 27-18, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101 USPQ2d at 1966).
As discussed above in “Step 2A – Prong Two”, the identified additional elements in independent claims 1, 9, and 15 and dependent claims 2-8, 10-14, and 16-20 are equivalent to adding the words “apply it” on a computer, and/or link the use of the judicial exception to a particular technological environment or field of use. Therefore, the claims as a whole do not amount to significantly more than the judicial exception itself.
Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus simply append the abstract idea with words equivalent to “apply it” on a computer and/or instructions to implement the abstract idea on a computer or/and append the abstract idea with insignificant extra solution activity associated with the implementation of the judicial exception, (e.g., data gathering, post-solution activity) and/or appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
Dependent claims 2-8, 10-14, and 16-20 fail to include any additional elements. In other words, each of the limitations/elements recited in respective independent claims are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that no additional element, or combination of additional claims elements are sufficient to ensure the claims amount to significantly more than the abstract idea identified above. Therefore, claims 1-20 are not eligible subject matter under 35 USC 101.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 6-13 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable under US 20170046905 A1 (“Ramos”) in view of US 20080102956 A1 (“Burman”) and WO 2011139716 A1 (“Barclay”).
In regards to claim 1, Ramos discloses the following limitations with the exception of the underlined limitations.
One or more non-transitory computer-readable media storing computer executable instructions that ([0100], “program code … is stored in … non-transitory computer readable medium”), when executed by a processor ([0021], “processes are … executed by one or more processors”), perform a method of placing one or more bets on a sporting event ([0022], “the gaming system enables each activated player to place one or more sports bets on one or more sporting events”), the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, the one or more bets associated with the sporting event ([0022], “the gaming system enables each activated player to place one or more sports bets on one or more sporting events”), wherein the one or more bets comprise odds associated with the sporting event ([0055, “the gaming system queries the Line Originator … for … available bets, odds, and any other necessary data for placing a bet”);
receiving, by the mobile device, a selection of a bet of the one or more bets ([0025], “the gaming system receives the player's sports bet selection”) while the mobile device is outside of the geographic region;
storing the bet and the odds associated with the bet ([0099], “The at least one memory device … is configured to store … parameters … for a game … associations … with one or more parameters”);
detecting that the mobile device is in the geographic region;
and placing the bet at the odds based on the location of the mobile device inside the geographic region ([0052], “translator provides a means … to place bets, receive odds”).
Burman discloses
the method comprising: determining a location of a mobile device of a user ([0013], “the user will employ a wireless gaming terminal, and therefore the input will represent the location of the wireless device, which when in use will also represent the location of the user”) outside of a geographic region, presenting, via the mobile device ([0120], “Based on geographic coding, the mobile gaming environment may be tailored to location”)
Ramos and Burman are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, as disclosed by Burman, to provide a wireless gaming terminal, a wireless device, and a mobile gaming environment for a system and method with location-based input to a gaming function. One skilled in the art would recognize and value the addition of a wireless gaming terminal, a wireless device, and a mobile gaming environment for a system and method with location-based input to a gaming function.
Barclay discloses
while the mobile device is outside of the geographic region ([0013], “the operations further comprise detecting an additional request by an additional player account from an additional geographic location outside of the local area network to participate in … wagering”)
Ramos and Barclay are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, while the mobile device is outside of the geographic region, as disclosed by Barclay, to provide a detection operation for wagering game systems and networks that, more particularly, control group wagering games. One skilled in the art would recognize and value the addition of a detection operation for wagering game systems and networks that, more particularly, control group wagering games.
In regards to claim 2, Ramos does not disclose wherein the geographic region comprises a sporting venue.
Barclay discloses
wherein the geographic region comprises a sporting venue ([0044], “The location … may be … a sporting arena”).
Ramos and Barclay are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, while the mobile device is outside of the geographic region, wherein the geographic region comprises a sporting venue, as disclosed by Barclay, to provide a detection operation and a sporting arena for wagering game systems and networks that, more particularly, control group wagering games. One skilled in the art would recognize and value the addition of a detection operation and a sporting arena for wagering game systems and networks that, more particularly, control group wagering games.
In regards to claim 3, Ramos discloses the following limitation with the exception of the underlined limitations.
wherein the method further comprises offering additional bets to the user by the mobile device based on a profile of the user ([0141], “the … gaming information system includes … player profiles”) and the location of the mobile device relative to concessions at the sporting venue.
Barclay discloses
wherein the method further comprises offering additional bets to the user by the mobile device based on ([0046], “the … device … can offer … wagering game activities that may be available … to participants”)
Ramos and Barclay are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, a profile of the user, as disclosed by Ramos, while the mobile device is outside of the geographic region, wherein the geographic region comprises a sporting venue, wherein the method further comprises offering additional bets to the user by the mobile device based on, as disclosed by Barclay, to provide a detection operation, a sporting arena, and activities for wagering game systems and networks that, more particularly, control group wagering games. One skilled in the art would recognize and value the addition of a detection operation, a sporting arena, and activities for wagering game systems and networks that, more particularly, control group wagering games.
Burman discloses
and the location of the mobile device ([0013], “the input will represent the location of the wireless device”) relative to concessions at the sporting venue ([0083], “the user may purchase food and beverages using the device”)
Ramos and Burman are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, a profile of the user, as disclosed by Ramos, the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, and the location of the mobile device relative to concessions at the sporting venue, as disclosed by Burman, to provide a wireless gaming terminal, a wireless device, a mobile gaming environment, food, and beverages for a system and method with location-based input to a gaming function. One skilled in the art would recognize and value the addition of a wireless gaming terminal, a wireless device, a mobile gaming environment, food, and beverages for a system and method with location-based input to a gaming function.
In regards to claim 6, Ramos discloses
wherein the geographic region comprises a casino or a restaurant ([0084], “The present disclosure contemplates … electronic gaming machines such as those located on a casino floor”).
In regards to claim 7, Ramos discloses
wherein the bet is automatically placed based on the mobile device crossing into the geographic region ([0149], “the gaming system automatically … initiates the … game upon the occurrence of a triggering event”).
In regards to claim 8, Ramos discloses
wherein the method further comprises: presenting a notification comprising the bet with the odds to the mobile device when the mobile device crosses into the geographic region ([0026], “the player does not have to keep up with events that the player placed bets on because the gaming system provides notifications for the player”);
receiving a further selection of the bet by the mobile device ([0025], “the gaming system receives the player's sports bet selection”);
and placing the bet with the odds ([0052], “translator provides a means … to place bets, receive odds”).
In regards to claim 9, Ramos discloses the following limitations with the exception of the underlined limitations.
A method of placing one or more bets on a sporting event ([0022], “the gaming system enables each activated player to place one or more sports bets on one or more sporting events”), the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, the one or more bets associated with the sporting event ([0022], “the gaming system enables each activated player to place one or more sports bets on one or more sporting events”), wherein the one or more bets comprise odds associated with the sporting event ([0055, “the gaming system queries the Line Originator … for … available bets, odds, and any other necessary data for placing a bet”);
receiving, by the mobile device, a selection of a bet of the one or more bets ([0025], “the gaming system receives the player's sports bet selection”) while the mobile device is outside of the geographic region;
storing the bet and the odds associated with the bet ([0099], “The at least one memory device … is configured to store … parameters … for a game … associations … with one or more parameters”);
detecting that the mobile device is in the geographic region;
and placing the bet at the odds based on the location of the mobile device inside the geographic region ([0052], “translator provides a means … to place bets, receive odds”).
Burman discloses
the method comprising: determining a location of a mobile device of a user ([0013], “the user will employ a wireless gaming terminal, and therefore the input will represent the location of the wireless device, which when in use will also represent the location of the user”) outside of a geographic region, presenting, via the mobile device ([0120], “Based on geographic coding, the mobile gaming environment may be tailored to location”)
Ramos and Burman are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, as disclosed by Burman, to provide a wireless gaming terminal, a wireless device, and a mobile gaming environment for a system and method with location-based input to a gaming function. One skilled in the art would recognize and value the addition of a wireless gaming terminal, a wireless device, and a mobile gaming environment for a system and method with location-based input to a gaming function.
Barclay discloses
while the mobile device is outside of the geographic region ([0013], “the operations further comprise detecting an additional request by an additional player account from an additional geographic location outside of the local area network to participate in … wagering”)
Ramos and Barclay are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, while the mobile device is outside of the geographic region, as disclosed by Barclay, to provide a detection operation for wagering game systems and networks that, more particularly, control group wagering games. One skilled in the art would recognize and value the addition of a detection operation for wagering game systems and networks that, more particularly, control group wagering games.
In regards to claim 10, Ramos discloses
wherein placing of the bet is performed automatically based on detecting that the mobile device is in the geographic region ([0149], “the gaming system automatically … initiates the … game upon the occurrence of a triggering event”).
In regards to claim 11, Ramos does not disclose further comprising detecting when the mobile device crosses into the geographic region.
Burman discloses
further comprising detecting when the mobile device crosses into the geographic region ([0030], “the method for wireless gaming with location determination includes … detection devices”).
Ramos and Burman are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, further comprising detecting when the mobile device crosses into the geographic region, as disclosed by Burman, to provide a wireless gaming terminal, a wireless device, a mobile gaming environment, and detection devices for a system and method with location-based input to a gaming function. One skilled in the art would recognize and value the addition of a wireless gaming terminal, a wireless device, a mobile gaming environment, and detection devices for a system and method with location-based input to a gaming function.
In regards to claim 12, Ramos discloses
further comprising automatically placing the bet when the mobile device is detected crossing into the geographic region ([0149], “the gaming system automatically … initiates the … game upon the occurrence of a triggering event”).
In regards to claim 13, Ramos discloses
further comprising: presenting a notification comprising the bet with the odds to the mobile device when the mobile device crosses into the geographic region ([0026], “the player does not have to keep up with events that the player placed bets on because the gaming system provides notifications for the player”);
receiving a further selection of the bet by the mobile device ([0025], “the gaming system receives the player's sports bet selection”);
and placing the bet with the odds ([0052], “translator provides a means … to place bets, receive odds”).
In regards to claim 15, Ramos discloses the following limitations with the exception of the underlined limitations.
One or more non-transitory computer-readable media storing computer executable instructions that ([0100], “program code … is stored in … non-transitory computer readable medium”), when executed by a processor ([0021], “processes are … executed by one or more processors”), perform a method of placing one or more bets on a sporting event ([0022], “the gaming system enables each activated player to place one or more sports bets on one or more sporting events”), the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, the one or more bets associated with the sporting event ([0022], “the gaming system enables each activated player to place one or more sports bets on one or more sporting events”), wherein the one or more bets comprise odds associated with the sporting event ([0055, “the gaming system queries the Line Originator … for … available bets, odds, and any other necessary data for placing a bet”) and the one or more bets are based at least in part on a profile of the user ([0141], “the … gaming information system includes … player profiles”);
receiving, by the mobile device, a selection of a bet of the one or more bets ([0025], “the gaming system receives the player's sports bet selection”) while the mobile device is outside of the geographic region;
storing the bet and the odds associated with the bet ([0099], “The at least one memory device … is configured to store … parameters … for a game … associations … with one or more parameters”);
detecting that the mobile device is in the geographic region;
and automatically placing the bet at the odds based on the location of the mobile device inside the geographic region ([0149], “the gaming system automatically … initiates the … game upon the occurrence of a triggering event”).
Burman discloses
the method comprising: determining a location of a mobile device of a user ([0013], “the user will employ a wireless gaming terminal, and therefore the input will represent the location of the wireless device, which when in use will also represent the location of the user”) outside of a geographic region, presenting, via the mobile device ([0120], “Based on geographic coding, the mobile gaming environment may be tailored to location”)
Ramos and Burman are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event and the one or more bets are based at least in part on a profile of the user; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, and automatically placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, as disclosed by Burman, to provide a wireless gaming terminal, a wireless device, and a mobile gaming environment for a system and method with location-based input to a gaming function. One skilled in the art would recognize and value the addition of a wireless gaming terminal, a wireless device, and a mobile gaming environment for a system and method with location-based input to a gaming function.
Barclay discloses
while the mobile device is outside of the geographic region ([0013], “the operations further comprise detecting an additional request by an additional player account from an additional geographic location outside of the local area network to participate in … wagering”)
Ramos and Barclay are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event and the one or more bets are based at least in part on a profile of the user; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, and automatically placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, while the mobile device is outside of the geographic region, as disclosed by Barclay, to provide a detection operation for wagering game systems and networks that, more particularly, control group wagering games. One skilled in the art would recognize and value the addition of a detection operation for wagering game systems and networks that, more particularly, control group wagering games.
In regards to claim 16, Ramos discloses
wherein the profile of the user comprises favorite team, favorite players, and a betting history, wherein the one or more bets and the odds are based on the favorite team, the favorite players, and the betting history ([0051], “certain players may customize notifications so that only broadcasts related to certain favorite teams are broadcasted to them … the gaming system enables players to customize notifications such that only bets of interest are broadcasted to them … through the settings menu, the gaming system enables the player the option … to view … bet history.”).
In regards to claim 17, Ramos discloses
wherein the method further comprises: presenting a notification comprising the bet with the odds to the mobile device when the mobile device crosses into the geographic region ([0026], “the player does not have to keep up with events that the player placed bets on because the gaming system provides notifications for the player”);
receiving a further selection of the bet by the mobile device ([0025], “the gaming system receives the player's sports bet selection”);
and placing the bet with the odds ([0052], “translator provides a means … to place bets, receive odds”).
In regards to claim 18, Ramos does not disclose wherein the geographic region comprises a sporting venue.
Barclay discloses
wherein the geographic region comprises a sporting venue ([0044], “The location … may be … a sporting arena”).
Ramos and Barclay are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event and the one or more bets are based at least in part on a profile of the user; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, and automatically placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, while the mobile device is outside of the geographic region, wherein the geographic region comprises a sporting venue, as disclosed by Barclay, to provide a detection operation for wagering game systems and networks that, more particularly, control group wagering games. One skilled in the art would recognize and value the addition of a detection operation for wagering game systems and networks that, more particularly, control group wagering games.
In regards to claim 19, Ramos does not disclose wherein the geographic region comprises a concession stand.
Burman discloses
wherein the geographic region comprises a concession stand ([0083], “the user may purchase food and beverages using the device”).
Ramos and Burman are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event and the one or more bets are based at least in part on a profile of the user; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, and automatically placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, wherein the geographic region comprises a concession stand, as disclosed by Burman, to provide a wireless gaming terminal, a wireless device, a mobile gaming environment, and food and beverages for a system and method with location-based input to a gaming function. One skilled in the art would recognize and value the addition of a wireless gaming terminal, a wireless device, a mobile gaming environment, and food and beverages for a system and method with location-based input to a gaming function.
In regards to claim 20, Ramos discloses the following limitation with the exception of the underlined limitation.
wherein the location of the mobile device is detected by short range communication ([0121], “The at least one wireless communication component … includes … Bluetooth”).
Burman discloses
wherein the location of the mobile device is detected by ([0030], “the method for wireless gaming with location determination includes … detection devices”)
Ramos and Burman are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event and the one or more bets are based at least in part on a profile of the user; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, and automatically placing the bet at the odds based on the location of the mobile device inside the geographic region, short range communication, as disclosed by Ramos, the method comprising: determining a location of a mobile device of a user outside of a geographic region, presenting, via the mobile device, wherein the geographic region comprises a concession stand, wherein the location of the mobile device is detected by, as disclosed by Burman, to provide a wireless gaming terminal, a wireless device, a mobile gaming environment, food and beverages, and detection devices for a system and method with location-based input to a gaming function. One skilled in the art would recognize and value the addition of a wireless gaming terminal, a wireless device, a mobile gaming environment, food and beverages, and detection devices for a system and method with location-based input to a gaming function.
Claims 4-5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable under Ramos in view of Burman, Barclay, and US 20160104347 A1 (“Yang”).
In regards to claim 4, Ramos does not disclose wherein the geographic region comprises a seating section or a seat of the sporting venue.
Yang discloses
wherein the geographic region comprises a seating section or a seat of the sporting venue ([0085], “Entertainment location … may … have … seating areas … which may include seats that are closer to arena”).
Ramos and Yang are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, a profile of the user, as disclosed by Ramos, wherein the geographic region comprises a seating section or a seat of the sporting venue, as disclosed by Yang, to provide seating areas for systems and methods that facilitate wagers between users within a social group. One skilled in the art would recognize and value the addition of seating areas for systems and methods that facilitate wagers between users within a social group.
In regards to claim 5, Ramos does not disclose wherein the geographic region comprises a parking lot of the sporting venue.
Yang discloses
wherein the geographic region comprises a parking lot of the sporting venue.
Ramos and Yang are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for one or more non-transitory computer-readable media storing computer executable instructions that, when executed by a processor, perform a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, wherein the geographic region comprises a parking lot of the sporting venue, as disclosed by Yang, to provide floor plans and a parking lot for systems and methods that facilitate wagers between users within a social group. One skilled in the art would recognize and value the addition of floor plans and a parking lot for systems and methods that facilitate wagers between users within a social group.
In regards to claim 14, Ramos does not disclose wherein the geographic region comprises a sporting venue, a seating section in the sporting venue, or a seat of the sporting venue.
wherein the geographic region comprises a sporting venue, a seating section in the sporting venue, or a seat of the sporting venue ([0085], “Entertainment location … may … have … seating areas … which may include seats that are closer to arena”).
Ramos and Yang are considered analogous to the claimed invention because they are in the field of gaming systems. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a method of placing one or more bets on a sporting event, the one or more bets associated with the sporting event, wherein the one or more bets comprise odds associated with the sporting event; receiving, by the mobile device, a selection of a bet of the one or more bets; storing the bet and the odds associated with the bet; and placing the bet at the odds based on the location of the mobile device inside the geographic region, as disclosed by Ramos, wherein the geographic region comprises a sporting venue, a seating section in the sporting venue, or a seat of the sporting venue., as disclosed by Yang, to provide seating areas for systems and methods that facilitate wagers between users within a social group. One skilled in the art would recognize and value the addition of seating areas for systems and methods that facilitate wagers between users within a social group.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to
Applicant’s disclosure. The following references have been cited to further show the
state of the art.
• US 20170249801 A1 (“Malek”)
Malek discloses a system and method of enhancing conventional game in a game of chance, based on the third party proxy, agent, or basis.
• US 9767645 B1 (“Cronin”)
Cronin discloses utilizing social and gaming platforms to engage with a sports franchise in real time at a venue hosting an event involving said franchise.
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the organization where this application or proceeding is assigned is (571) 273-8300.
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/LISA H ANTOINE/
Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
Prosecution Insights