Detailed Action
Double Patenting
The nonstatutory double patenting rejection is summarized as follows:
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).
Claims 1-4 and 6-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of US 12,211,352 B2 in view of Jordan (US 2020/0020203 A1).
Although the claims at issue are not identical, they are not patentably distinct from each other because the patent and the application are claiming common subject matter, as follows:
19037784 (This application)
US 12,211,352 B2
1. A method of associated with a wagering network, past wagers; transmitting, over a wireless network during a live sporting event, a default wager option to [a] the wagering network for a wager on an upcoming action in the live sporting event, wherein the wagering network receives sensor data from at least one sensor at the live sporting event and/or a data feed in substantially real time during the live sporting event, wherein data from the at least one sensor and/or the data feed is stored in the database; comparing, using one or more processors during the live sporting event, by an incremental wagering module before the upcoming action in the live sporting event, information about one or more past wagers to context of the upcoming action in the live sporting event; determining, using the one or more processors during the live sporting event, a similarity score game context based on a comparison of the upcoming action and a past action in the live sporting event for which using the one or more processors during the live sporting event, the determined historical wagering data on the wagering network; determining, in real time using the one or more processors during the live sporting event, when the game context of the upcoming action exceeds a threshold, by the incremental wagering module before the upcoming action in the live sporting event, a wager adjustment; determining, in real time using the one or more processors during the live sporting event, when the context of the upcoming action does not exceed the
1. A method of determining a wager adjustment during a live sporting event, the method comprising: storing, in a database, past wagers; providing, during a live sporting event, a default wager option to a wagering network for a wager on an upcoming action in the live sporting event, wherein the wagering network receives sensor data from at least one sensor at the live sporting event in substantially real time during the live sporting event and stores the sensor data in the database; comparing, during the live sporting event, by an incremental wagering module before the upcoming action in the live sporting event, information about one or more past wagers to context of the upcoming action in the live sporting event; determining, during the live sporting event, a similarity score based on a comparison of the upcoming action and a past action in the live sporting event for which sensor data was stored in the database; comparing, in real time during the live sporting event, the determined similarity score to a similarity threshold assigned on the wagering network; determining, in real time during the live sporting event, when a context of the upcoming action exceeds the similarity threshold, by the incremental wagering module before the upcoming action in the live sporting event, a wager adjustment; determining, in real time during the live sporting event, when the context of the upcoming action does not exceed the similarity threshold, a selection of a most recent wager placed by the user that is above the similarity threshold; and providing, by the incremental wagering module on a gaming device and before the upcoming action in the live sporting event, a proposed wager corresponding to the wager adjustment for the wager on the upcoming action during the live sporting event, wherein the proposed wager is displayed by the gaming device via a wagering application, wherein the information about the one or more past wagers comprises wager amount, wager odds, and wager success.
2. The method of claim 1, wherein the proposed wager is equal to a maximum wager placed in the one or more past wagers.
2. The method of claim 1, wherein the proposed wager is equal to a maximum wager placed in the one or more past wagers.
3. The method of claim 1, wherein the proposed wager is equal to an average wager placed in the one or more past wagers.
3. The method of claim 1, wherein the proposed wager is equal to an average wager placed in the one or more past wagers.
4. The method of claim 1, wherein the proposed wager is equal to an amount won by a successful wager on one or more of a previous action or a combination of actions before the upcoming action.
4. The method of claim 1, wherein the proposed wager is equal to an amount won by a successful wager on one or more of a previous action or a combination of actions before the upcoming action.
Jordan suggests—where ‘352 does not recite—a wireless network (¶ [0084]: network links illustrated in FIG. 9 may be implemented as terrestrial wire or wireless links, GPS/satellite links, and combinations of terrestrial wire or wireless links and GPS/satellite links). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the application to combine the disclosures of ‘352 and Jordan in order to make machine configuration usable on a portable device. The recitation of “one or more processors” does not patentably distinguish claim 1 from the reference patent because the method claims of the ‘352 patent inherently require processors in order to be executed.
Allowable Subject Matter
Claims 1-4 and 6-9 would be allowable if rewritten or amended to overcome the rejection(s) under the nonstatutory double-patenting doctrine set forth in this Office action. Claims 5 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art considered pertinent to applicant's disclosure and not relied upon is made of record on the attached PTO-892 form.
Jordan (US 20200020203 A1) discloses a GPS-enabled predictive sports game.
Reetz (US 20190221080A1) discloses a system for optimized wagering strategy generation.
Thomas et al (US 20130079128 A1) discloses gamification of real-world events.
Murphy et al (US 20130060362 A1) discloses a predictive gaming system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE ROWLAND whose telephone number is (469) 295-9129. The examiner can normally be reached on M-Th 10-8. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Dmitry Suhol can be reached at (571) 272-4430. The fax number for the organization where this application or proceeding is assigned is (571) 273-8300.
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Authorization may be perfected by submitting, on a separate paper, the following (or similar) disclaimer:
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Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with me concerning any subject matter of this application by electronic mail. I understand that a copy of these communications will be made of record in the application file.
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See MPEP 502.03 for more information.
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/STEVE ROWLAND/Primary Examiner, Art Unit 3715
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