Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Preliminary Amendment
Claims 1-66 were canceled in a preliminary amendment received on 01/27/25, claims 67-89 are added and are now pending..
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 01, 2021 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Applicant should note that the large number of references in the attached IDS have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is requested to point out any particular references in the IDS which they believe may be of particular relevance to the instant claimed invention in response to this office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 67-89 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 67, 73 and 80, the claims recite the limitations "… eligibility of the users to participate in the contest based on the physical location …” It is unclear what constitutes an “eligibility,” the claim does not specify what location-based criterion determines eligibility. Furthermore, the claims recite “triggering a lockout signal preventing further additional user input,” “further additional input” is awkward and redundant as the claim does not specify what user input is being locked out.
The specification fails to provide sufficient details on how all these are being determined. As a result, claims 67-89 are rejected.
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 67-89 are rejected under 35 USC § 101 because the claimed invention is directed to non-statutory subject matter.
Subject Matter Eligibility Standard
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself. Examples of abstract ideas include fundamental economic practices; certain methods of organizing human activities; an idea itself; and mathematical relationships/formulas. Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. (2014).
Analysis
Based upon consideration of all of the relevant factors with respect to the claim as a whole, claim(s) 67, 73, 80 and 86 held to claim an abstract idea, and is/are therefore rejected as ineligible subject matter under 35 U.S.C. 101. The rationale for this finding is explained below:
Claims 67, 73, 80 and 86 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “determining whether users are eligible to participate based on location, receiving users’ selections for events, locking further selections before an event begins, recording results and standing, presenting the results and standings.”
The limitations of:
a. determining a physical location of a plurality of users each playing on a user device, and eligibility of the users to participate in the contest based on the physical location of the users;
b. receiving, with the server, one or more event selections by each of the plurality of users transmitted from the user devices, related to the one or more events and entered prior to the beginning of a first event of the one or more events, wherein the one or more event selections enable the plurality of users to participate in one or more separate contests;
c. triggering a lockout signal preventing further additional user input;
d. storing results and standings based on the event selections, wherein the standings are based on the results; and
e. presenting the standings and results related to the event selections.
as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “a server device,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “a server device” language, “determining whether users are eligible to participate based on location, receiving users’ selections for events, locking further selections before an event begins, recording results and standing, presenting the results and standings.” If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “method of organizing human activity (organizing, conducting and administering a contest/game)” grouping of abstract ideas. Such activities are abstract ideas under USPTO guidance and case law (e.g., Alice, Electric Power Group, etc.), particularly when implemented on generic computers for economic or organizational purposes.
The additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. There is no indication of a technological improvement or a technical solution to a technical problem. The claim does not recite a specific or unconventional way of determining whether users are eligible to participate based on location, receiving users’ selections for events, locking further selections before an event begins, recording results and standing, presenting the results and standings. Therefore, the claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform both the ranking and determining steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim recites conventional steps such as “determining whether users are eligible to participate based on location, receiving users’ selections for events, locking further selections before an event begins, recording results and standing, presenting the results and standings.” No element or combination provides a technical improvement or “significantly more” than the abstract idea itself. Therefore, the claim is not patent eligible because it is directed to an abstract idea method of organizing human activity (organizing, conducting and administering a contest/game), is not integrated into a practical application, and lacks an inventive concept beyond generic computer implementation.
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).
Claims 44-72 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 11,810,656 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between the claims of this application and the patented claims is that Applicant has added the following limitations “update the user best performance data in said training log database if training data from a newly concluded workout indicates at least one aspect of the training data from the newly concluded workout exceeds an aspect of existing best performance data.”
It would have been obvious to one of ordinary skill in the art at the time the invention was made to omit some limitations because one of ordinary skill in the art would have realized that omitting and adding some limitations are an obvious expedient since the remaining elements perform the same functions as before. In re Karlson, 136 USPQ 184 (CCPA 1963).
US Application Number: 19/038,268
US Patent Number: 12,208,321 B2
A method of participating in a contest of skill or chance or other entertainment corresponding to one or more events, programmed in a memory of a server, comprising:
A method of participating in a contest of skill or chance or other entertainment corresponding to one or more events, programmed in a memory of a server, comprising:
a. determining a physical location of a plurality of users each playing on a user device, and eligibility of the users to participate in the contest based on the physical location of the users;
a. determining a physical location of a plurality of users each playing on a user device, and eligibility of the users to participate in the contest based on the physical location of the users;
b. receiving, with the server, one or more event selections by each of the plurality of users transmitted from the user devices, related to the one or more events and entered prior to the beginning of a first event of the one or more events, wherein the one or more event selections enable the plurality of users to participate in one or more separate contests;
b. receiving, with the server, one or more event selections by each of the plurality of users transmitted from the user devices, related to the one or more events and entered prior to the beginning of a first event of the one or more events, wherein the one or more event selections enable the plurality of users to simultaneously participate in one or more separate contests;
c. triggering a lockout signal preventing further additional user input;
c. triggering a lockout signal preventing further additional user input;
d. storing results and standings based on the event selections, wherein the standings are based on the results; and
d. storing results and standings based on the event selections, wherein the standings are based on the results and the user standings are grouped based on experience and skill level; and
e. presenting the standings and results related to the event selections.
e. presenting the standings and results related to the event selections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See references cited on PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD LANEAU whose telephone number is (571)272-6784. The examiner can normally be reached Mon-Thu 7-5:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at 571-270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ronald Laneau/
Primary Examiner, Art Unit 3715
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