DETAILED ACTION
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 .
Status of Claims
This action is in reply to the application filed on 3/22/2025, wherein:
Claims 1-27 are currently pending and have been examined.
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 1-27 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite a device and medium for conducting a lottery for a commercial good which is considered a judicial exception because it falls under Certain Methods of Organizing Human Activity such as commercial or legal interactions, including marketing, sales activities, or behaviors. This judicial exception is not integrated into a practical application as discussed below and the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
This rejection follows the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed Reg 4, January 7, 2019, pp. 50-57 (“2019 PEG”)(MPEP 2106).
Analysis
Step 1 (Statutory Categories) – 2019 PEG pg. 53 (See MPEP 2106.03)
Claims 1-27 are directed to the statutory category of a process, machine, or manufacture.
Step 2A, Prong 1 (Do the claims recite an abstract idea?) – 2019 PEG pg. 54 (See MPEP 2106.04(a)-(c))
For independent claims 1 and 27, the claims recite an abstract idea of: conducting a lottery for a commercial good. The steps of independent claim 1 recite the abstract idea (in bold below) of: A non-transitory computer-readable recording medium storing a lottery processing program including executable instructions which, when executed by a computer, cause the computer to function as: lottery conducting means configured to perform a lottery process; presentation means configured to present commercial good information selected as a result of the lottery process; and control means configured to control the lottery conducting means and the presentation means, wherein the lottery processing program causes the control means to perform control to conduct a lottery of one of a first lottery type that does not require a game playing operation performed by a user and a second lottery type that requires a game playing operation performed by the user. Independent claim 27 recites similar steps that recite the abstract idea. Independent claims 1 and 27, as drafted, are a process that, under the broadest reasonable interpretation, covers Certain Methods of Organizing Human Activity, since they recite fundamental economic principles or practices including mitigating risk. If the claim limitations, under the broadest reasonable interpretation, covers methods of organizing human activity but for the recitation of additional elements including generic computer components, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Other than reciting the abstract idea, the independent claims recite additional elements including generic computer components such as “a non-transitory computer-readable recording medium, a computer, and a device”, and nothing in the claims precludes the steps from being performed as a method of organizing human activity. Accordingly, the independent claims recite an abstract idea.
Dependent claims 2-26 recite similar limitations as claims 1, and 27; and when analyzed as a whole are held to be patent ineligible under 35 U.S.C 101 because the additional recited limitations only refine the abstract idea further. Other than reciting the abstract idea, the dependent claims recite similar additional elements including generic computer components as the independent claims, such as “the non-transitory computer-readable recording medium, the computer, and a server”. If a claim limitation, under its broadest reasonable interpretation, covers commercial or legal interactions, but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas.
Step 2A, Prong 2 (Does the claim recite additional elements that integrate the judicial exception into a practical application?) – 2019 PEG pg. 54 (See MPEP 2106.04(d)-(c))
This judicial exception is not integrated into a practical application. In particular, independent claims 1, and 27 only recite the additional elements of “a non-transitory computer-readable recording medium, a computer, and a device”. A plain reading of the Figures and associated descriptions in the specification reveals that generic processors may be used to execute the claimed steps. The additional elements are recited at a high level of generality (i.e., as a generic processor performing generic computer functions) such that it amounts to no more than mere instructions to apply the exception using generic computer components (See MPEP 2106.05(f)) and limits the judicial exception to a particular environment (See MPEP 2106.05(h)). Mere instructions to apply an exception using a generic computer component and limiting the judicial exception to a particular environment doesn’t integrate the abstract idea into a practical application in Step 2A. Accordingly, these 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. Hence, independent claims 1, and 27 are directed to an abstract idea.
Dependent claims 2-26, recite similar additional elements as the independent claims including generic computer components, such as “the non-transitory computer-readable recording medium, the computer, and a server”. The judicial exception is not integrated into a practical application because the additional elements in the dependent claims are also recited at a high-level of generality such that it amounts to more no more than mere instructions to apply the exception using generic computer components. Therefore, the additional elements do not integrate the abstract idea into a practical application because they also do not impose any meaningful limits on practicing the abstract idea. Also, the claims do not affect an improvement to another technology or technical field; the claims do not amount to an improvement of the functioning of a computer system itself; the claims do not effect a transformation or reduction of a particular article to a different state or thing; and the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment.
Step 2B (Does the claim recite additional elements that amount to significantly more than the judicial exception?) – 2019 PEG pg. 56 (See MPEP 2106.05)
Independent claims 1 and 27 do 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 recited additional elements amount to no more than mere instructions to apply the exception using a generic computer component (See MPEP 2106.05(f)) and limits the judicial exception to the particular environment of computers (See MPEP 2106.05(h)). The additional elements of the instant underlying process, when taken in combination, together do not offer substantially more than the sum of the function of the elements when each is taken alone. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept in Step 2B.
In addition, the dependent claims 2-26 do 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 elements of the dependent claims to perform the claimed limitations, amounts to no more than mere instructions to apply the exception using a generic computer component (See MPEP 2106.05(f)). Similar to the independent claims, mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Also, for the same reasoning as the independent claims, the additional elements of the limitations of the dependent claims, when considered individually and as an ordered combination, together do not offer significantly more than the sum of the functions of the elements when each is taken alone and the dependent claims as a whole, do not amount to significantly more than the abstract idea itself. For these reasons, the dependent claims also are not patent eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
11. Claims 1-7 and 9-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6007426 to Kelly et al. (hereinafter referred to as Kelly).
In regards to claim 1, Kelly discloses a non-transitory computer-readable recording medium (microprocessor 28 can be any processor or controller with features to control the game apparatus with microprocessor 28 executing a process described by software instructions stored in memory, col. 12, lines 47-67) storing a lottery processing program including executable instructions (software instructions stored in a computer readable medium, col. 12, lines 47-67) which, when executed by a computer (game processor 12 includes microprocessor 28, col. 12, lines 47-67), cause the computer to function as: lottery conducting means configured to perform a lottery process (prize redemption system and method for use with one or more game apparatuses, col. 2, lines 66-67; game processor 12 implements (e.g., controls, influences, 20 coordinates, monitors, calculates, etc.) the functions of the game unit 10 during a game process, col. 6, lines 14-37); presentation means configured to present commercial good information (If available prizes are all small toys, cards, or the like, then the prizes can be stored in the dispenser and an appropriate prize corresponding to the player's selection can be dispensed, col. 26, lines 59-64) selected as a result of the lottery process (comprehensive prize system that provides a player with immediate and easy to select prize choices. The player can quickly determine what prizes are available on the same game apparatus which the game was played and select a desired prize. The players can also win a specific prize, col. 4, lines 32-43); and control means configured to control the lottery conducting means and the presentation means (Game processor 12 utilizes appropriate display drivers, graphics chips, and/or other well-known components to display and update images on the display screen for implementing a game and providing information for the redemption system of the present invention, col. 8, lines 17-22), wherein the lottery processing program causes the control means to perform control (Game processor 12 can be implemented as part of a control system including other electronic components include operator configurable controls to provide selectable game functions, such as the amount the score is incremented for certain player actions or commands, the amount of prize credits awarded based on the score, the speed and/or difficulty of game play, the conditions required to add to the game score and/or receive universal or specific prize tickets, the conditions required for a player to win a progressive bonus award or enter a tournament, etc., col. 13, lines 26-43) to conduct a lottery of one of a first lottery type (alternately a “game of chance” or other game that does not rely primarily on the skill of the player can be offered on game apparatus 10, col. 7, lines 36-43) that does not require a game playing operation performed by a user (if no skilled task need be completed to win a specific prize, then the hit ratio can be the random or statistical chance that a specific prize is awarded during a game, col. 38, lines 6-21) and a second lottery type that requires a game playing operation performed by the user (game unit 10 implements, a "game of skill", i.e., as referred to herein, a predetermined goal, task, or objective for a game should be accomplished in a skillful 25 manner such that an outcome of the game is determined primarily by the amount of skill of the player, col. 7, lines 22-35).
In regards to claim 2, Kelly discloses the non-transitory computer-readable recording medium according to Claim 1, and further discloses wherein the lottery processing program causes the control means to perform control to enable the user to select (software implemented by the processor allows a wide variety of available games to be provided on game unit 50. Preferably, the player can select one of several offered games to play using player controls 54, col. 15, lines 1-9) one of the first lottery type (alternately a “game of chance” or other game that does not rely primarily on the skill of the player can be offered on game apparatus 10, col. 7, lines 36-43) and the second lottery type (game unit 10 implements, a "game of skill", i.e., as referred to herein, a predetermined goal, task, or objective for a game should be accomplished in a skillful 25 manner such that an outcome of the game is determined primarily by the amount of skill of the player, col. 7, lines 22-35).
In regards to claim 3, Kelly discloses the non-transitory computer-readable recording medium according to Claim 1, and further discloses wherein the lottery processing program causes the control means to perform control (Game processor 12 utilizes appropriate display drivers, graphics chips, and/or other well-known components to display and update images on the display screen for implementing a game and providing information for the redemption system of the present invention, col. 8, lines 17-22) to select one from among a plurality of commercial good groups (player of a card type game oriented for adults might be able to select from prizes including a deck of cards, cash, an alcoholic drink, or other related prizes, while a player of a game oriented for children might be able to select from prizes including toys, candy, or stuffed animals. Furthermore, the operator can designate particular game apparatuses in a gaming environment as "special" games that offer a specialized prize list having prizes of greater value, more selection, etc. that are different from other prizes available from other games at the gaming environment, col. 41, lines 46-67, figs. 6b, 6c, and 9a).
In regards to claim 4, Kelly discloses the non-transitory computer-readable recording medium according to Claim 3, and further discloses wherein the lottery processing program causes the control means to perform control (game processor controls the game apparatus by receiving inputs from a player, col. 6, lines 19-37, figs. 6b, 6c, and 9a) to select the commercial good group (prize selection menu is then displayed for the player, the menu including one or more selectable prizes. The prize selection menu may include a prize cost in terms of prize credits for each of the displayed prizes and which can be determined by the redemption system. Finally, the player inputs an indication of a selection of a prize using an input device. The player may select a prize that has a prize cost equal to or less than the number of prize credits the player has won. The selected prize is provided to the player after this selection, col. 3, lines 11-32, figs. 6b, 6c, and 9a) after the lottery type is selected (Players may win "prize credits" by playing the game apparatus, and may then select a prize from a prize menu offered on the game apparatus, col. 3, lines 1-10, figs. 6b, 6c, and 9a).
In regards to claim 5, Kelly discloses the non-transitory computer-readable recording medium according to Claim 3, and further discloses wherein the lottery processing program causes the control means to perform control to select one from among the same plurality of commercial good groups (prize selection menu is then displayed for the player, the menu including one or more selectable prizes. The prize selection menu may include a prize cost in terms of prize credits for each of the displayed prizes and which can be determined by the redemption system. Finally, the player inputs an indication of a selection of a prize using an input device. The player may select a prize that has a prize cost equal to or less than the number of prize credits the player has won. The selected prize is provided to the player after this selection, col. 3, lines 11-32, figs. 6b, 6c, and 9a) for both the first lottery type (alternately a “game of chance” or other game that does not rely primarily on the skill of the player can be offered on game apparatus 10, col. 7, lines 36-43) and second lottery type (game unit 10 implements, a "game of skill", i.e., as referred to herein, a predetermined goal, task, or objective for a game should be accomplished in a skillful 25 manner such that an outcome of the game is determined primarily by the amount of skill of the player, col. 7, lines 22-35).
In regards to claim 6, Kelly discloses the non-transitory computer-readable recording medium according to Claim 3, and further discloses wherein each of the commercial good groups is associated with one of character series (figs. 6c indicates prizes include action figures, fig. 6c; operator can provide descriptions of particular brands of prizes in prize list 482 in exchange for advertiser money. The operator might also input specific advertisements to be displayed on game unit 10 and associate those ads to items in the prize list 482. In such an embodiment, for example, the game unit 10 can examine each prize item in prize list 482 and check if each prize item has an associated advertisement. If so, the advertisement can be displayed between or during games, along with the prize credit cost of the associated prize, if desired, col. 33, lines 1-27).
In regards to claim 7, Kelly discloses the non-transitory computer-readable recording medium according to Claim 3, and further discloses wherein the lottery processing program causes the control means to perform control to present the commercial good information belonging to the one of the plurality of commercial good groups (prize selection menu is then displayed for the player, the menu including one or more selectable prizes. The prize selection menu may include a prize cost in terms of prize credits for each of the displayed prizes and which can be determined by the redemption system. Finally, the player inputs an indication of a selection of a prize using an input device. The player may select a prize that has a prize cost equal to or less than the number of prize credits the player has won. The selected prize is provided to the player after this selection, col. 3, lines 11-32, figs. 6b, 6c, and 9a) after the lottery type is selected (Players may win "prize credits" by playing the game apparatus, and may then select a prize from a prize menu offered on the game apparatus, col. 3, lines 1-10, figs. 6b, 6c, and 9a).
In regards to claim 9, Kelly discloses the non-transitory computer-readable recording medium according to claim 1, and further discloses wherein the lottery processing program causes the control means to perform control to select a number of lottery draws (Once one or more coins are accepted, the coins are routed to a cash box and a signal is sent to game processor 12 to increase the player's game credits, i.e., to indicate to that one or more game plays have been paid for, col. 6, lines 45-67) of the selected lottery type after the lottery type is selected (A credit betting selector 271 allows a player to "bet" additional game credits for a game, col. 21, line 65 – col. 22, line 9).
In regards to claim 10, Kelly discloses the non-transitory computer-readable recording medium according to Claim 9, wherein the lottery processing program causes the control means to perform control to select the number of lottery draws (Game credits display 288 displays how many game credits the player has left and which typically corresponds to how much monetary input the player has provided (e.g., number of coins). Each game credit is equal to a fixed monetary value, such as 25 cents. Typically, each game offered on game unit 10 requires a predetermined number of game credits to play, and this number can vary depending on the type of game played and the options selected for a game, col. 21, lines 4-20) that is less than or equal to a predetermined number (2 game credits applied to a game that normally only requires 1 will double the player's prize credits won for a particular game score, col. 21, line 65 – col. 22, line 9).
In regards to claim 11, Kelly discloses the non-transitory computer-readable recording medium according to Claim 1, and further discloses wherein the lottery processing program further causes the computer to function as payment means (Monetary input device 14 is used to receive monetary input that is inserted by a player into the game apparatus in the gaming environment. For example, coins can be received in return for the player's use of the game apparatus. A coin deposit slot can accept standard currency coins, bills, or game tokens, and other monetary input devices can be used, such as debit card or credit card readers, e-cash, cybercash, or other electronic monetary forms col. 6, lines 38-67) and causes the lottery conducting means to conduct a lottery on the condition that payment using the payment means is made (Once one or more coins are accepted, the coins are routed to a cash box and a signal is sent to game processor 12 to increase the player's game credits, i.e., to indicate to that one or more game plays have been paid for, col. 6, lines 45-67).
In regards to claim 12, Kelly discloses the non-transitory computer-readable recording medium according to Claim 11, and further discloses wherein the lottery processing program causes the control means to perform control to enable payment in accordance with a number of lottery draws after the number of lottery draws is selected (Once one or more coins are accepted, the coins are routed to a cash box and a signal is sent to game processor 12 to increase the player's game credits, i.e., to indicate to that one or more game plays have been paid for, col. 6, lines 45-67).
In regards to claim 13, Kelly discloses the non-transitory computer-readable recording medium according to Claim 1, and further discloses wherein the lottery processing program causes the control means to perform control to present a plurality of options for the first lottery type (If the player has won a specific prize or "instant prize" in step 326, then the process continues to step 338, where the specific prize won is determined and displayed. Specific prizes can be provided in a variety of different ways. Specific prize goals during a game can be offered to allow the player to win a specific prize (rather than prize credits) by achieving a goal requiring skill (dexterity, experience, etc.) of the player, such as moving a controlled object to a specific target, choosing a particular combination of cards, etc. Alternatively, a specific prize goal can be met based partially or wholly on random or statistical chance. The specific prizes that can be won during a game are preferably displayed to the player so that the player knows how to win the specific prizes. Also, once the player has achieved a specific prize goal, the actual specific prize won can be determined in predetermined fashion or randomly from a prize table or other list of multiple possible specific prizes, col. 26, lines 21-42).
In regards to claim 14, Kelly discloses the non-transitory computer-readable recording medium according to Claim 13, and further discloses wherein the lottery processing program causes the control means to perform control to select any one of the plurality of options presented for the first lottery type (microprocessor allows a wide variety of available games to be provided on game unit 50. Preferably, the player can select one of several offered games to play using player controls 54, col. 15, lines 1-19).
In regards to claim 15, Kelly discloses the non-transitory computer-readable recording medium according to Claim 13,wherein each of the options is associated with one of commercial goods included in one of the commercial good groups (The specific prizes that can be won during a game are preferably displayed to the player so that the player knows how to win the specific prizes. Also, once the player has achieved a specific prize goal, the actual specific prize won can be determined in predetermined fashion or randomly from a prize table or other list of multiple possible specific prizes, col. 26, lines 21-42).
In regards to claim 16, Kelly discloses the non-transitory computer-readable recording medium according to Claim 13, and further discloses wherein the lottery processing program causes the control means to perform control to present the options (The specific prizes that can be won during a game are preferably displayed to the player so that the player knows how to win the specific prizes. Also, once the player has achieved a specific prize goal, the actual specific prize won can be determined in predetermined fashion or randomly from a prize table or other list of multiple possible specific prizes, col. 26, lines 21-42) so that the selectable options are distinguishable from the unselectable options (if the operator does not wish the T-shirt to be available as a specific prize during any game, then the operator enters "NA" in the field 488 corresponding to that, col. 40, lines 65-67).
In regards to claim 17, Kelly discloses the non-transitory computer-readable recording medium according to Claim 13, and further discloses wherein the lottery processing program causes the control means to perform control to present information as to whether each of the commercial goods included in one of the commercial good groups is in stock or out of stock before presenting the plurality of options (if the operator does not wish the T-shirt to be available as a specific prize during any game, then the operator enters "NA" in the field 488 corresponding to that, col. 40, lines 65-67).
In regards to claim 18, Kelly discloses the non-transitory computer-readable recording medium according to Claim 17, and further discloses wherein a server performs management of the stock (game unit can start with the most valuable prize in the list and determine if that prize is to be awarded by generating a random number; for example, if a random number between 1 and 4000 is "1", then the video game console has been won and no further prizes need be checked. If that prize has not been won, the next most valuable prize on the list is randomly checked, and so on until no prizes are left in the table to check, at which point a default prize can be awarded, or no prize at all, col. 34, lines 33-50).
In regards to claim 19, Kelly discloses the non-transitory computer-readable recording medium according to Claim 1, wherein the lottery processing program causes the control means to perform control to present a game so that the game is playable a number of times equal to a selected number of lottery draws for the second lottery type (Once one or more coins are accepted, the coins are routed to a cash box and a signal is sent to game processor 12 to increase the player's game credits, i.e., to indicate to that one or more game plays have been paid for, col. 6, lines 45-67).
In regards to claim 20, Kelly discloses the non-transitory computer-readable recording medium according to Claim 1, wherein the lottery processing program causes the control means to perform control to present any one of a plurality of types of games for the second lottery type (Examples of games offered by the game apparatus include action video games which provide a player with opportunities to utilize dexterity and play duration in increasing game score, quiz games providing questions to which said player responds, etc., col. 3, lines 43-50).
In regards to claim 21, Kelly discloses the non-transitory computer-readable recording medium according to Claim 20, and further discloses wherein the lottery processing program causes the control means to perform control to select one of a plurality of types of games at random and present the selected game for the second lottery type (game apparatus can also be linked to multiple other game apparatuses to provide simultaneous multi-player games and tournaments including players from several different game apparatuses. A server linked to the multiple game apparatuses can store or control prize information and/or tournament information, col. 3, lines 51-56).
In regards to claim 22, Kelly discloses the non-transitory computer-readable recording medium according to Claim 20, and further discloses wherein the lottery processing program causes the control means to perform control not to present the same types of games in succession for the second lottery type (as depicted in fig. 6a, different games are depicted for selection, fig. 6a).
In regards to claim 23, Kelly discloses the non-transitory computer-readable recording medium according to Claim 20, and further discloses wherein the lottery processing program causes the control means to perform control to present the selected commercial good information either after an option is selected for the first lottery type or a game is played for the second lottery type (The specific prizes that can be won during a game are preferably displayed to the player so that the player knows how to win the specific prizes. Also, once the player has achieved a specific prize goal, the actual specific prize won can be determined in predetermined fashion or randomly from a prize table or other list of multiple possible specific prizes, col. 26, lines 21-42).
In regards to claim 24, Kelly discloses the non-transitory computer-readable recording medium according to Claim 20, and further discloses wherein the lottery processing program causes the control means to perform control to enable a user to select a position where a selected game is presented (as depicted in fig. 6a, user select games from different positions on the screen, fig. 6a).
In regards to claim 25, Kelly discloses the non-transitory computer-readable recording medium according to Claim 24, wherein the lottery processing program causes the control means to perform control to present a selected game at one of an upper position and a lower position (as depicted in fig. 6a, different games are positioned at upper and lower positions, fig. 6a).
In regards to claim 26, Kelly discloses the non-transitory computer-readable recording medium according to Claim 11, and further discloses wherein the lottery processing program causes the control means to perform control to present information as to whether each of the commercial goods included in one of the commercial good groups is in stock or out of stock before payment using the payment means is made (if the operator does not wish the T-shirt to be available as a specific prize during any game, then the operator enters "NA" in the field 488 corresponding to that, col. 40, lines 65-67).
In regards to claim 27, Kelly discloses a lottery processing device comprising: lottery conducting means (microprocessor 28 can be any processor or controller with features to control the game apparatus with microprocessor 28 executing a process described by software instructions stored in memory, col. 12, lines 47-67) configured to perform a lottery process (prize redemption system and method for use with one or more game apparatuses, col. 2, lines 66-67; game processor 12 implements (e.g., controls, influences, 20 coordinates, monitors, calculates, etc.) the functions of the game unit 10 during a game process, col. 6, lines 14-37); presentation means configured to present commercial good information (If available prizes are all small toys, cards, or the like, then the prizes can be stored in the dispenser and an appropriate prize corresponding to the player's selection can be dispensed, col. 26, lines 59-64) selected as a result of the lottery process (comprehensive prize system that provides a player with immediate and easy to select prize choices. The player can quickly determine what prizes are available on the same game apparatus which the game was played and select a desired prize. The players can also win a specific prize, col. 4, lines 32-43); and control means configured to control the lottery conducting means and the presentation means (Game processor 12 utilizes appropriate display drivers, graphics chips, and/or other well-known components to display and update images on the display screen for implementing a game and providing information for the redemption system of the present invention, col. 8, lines 17-22), wherein the control means performs control (Game processor 12 can be implemented as part of a control system including other electronic components include operator configurable controls to provide selectable game functions, such as the amount the score is incremented for certain player actions or commands, the amount of prize credits awarded based on the score, the speed and/or difficulty of game play, the conditions required to add to the game score and/or receive universal or specific prize tickets, the conditions required for a player to win a progressive bonus award or enter a tournament, etc., col. 13, lines 26-43) to conduct a lottery of one of a first lottery type (alternately a “game of chance” or other game that does not rely primarily on the skill of the player can be offered on game apparatus 10, col. 7, lines 36-43) that does not require a game playing operation performed by a user (if no skilled task need be completed to win a specific prize, then the hit ratio can be the random or statistical chance that a specific prize is awarded during a game, col. 38, lines 6-21) and a second lottery type that requires a game playing operation performed by the user (game unit 10 implements, a "game of skill", i.e., as referred to herein, a predetermined goal, task, or objective for a game should be accomplished in a skillful 25 manner such that an outcome of the game is determined primarily by the amount of skill of the player, col. 7, lines 22-35).
Subject Matter Overcoming 35 USC §102/§103
Claim 8 is 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; and if rewritten to overcome the rejections under 35 U.S.C. 101 set forth in this Office Action.
The following is an examiner’s statement of reasons for subject matter of dependent claim 8 overcoming the prior art rejections under 35 USC §102/§103.
The closest prior art of record is US 6007426 to Kelly et al. (hereinafter referred to as Kelly), JP 7282852 to Matsuno (hereinafter referred to as Matsuno), JP 6304590B2 to Takahashi (hereinafter referred to as Takahashi) and JP 7441614 to Hayashi (hereinafter referred to as Hayashi). Allowable subject matter is indicated because none of the prior art of record, alone or in combination, appears to teach or fairly suggest or render obvious the combination set forth in dependent claim 8. For dependent claim 8, the prior art of Kelly, Matsuno, Takahashi, and Hayashi specifically do not disclose: “perform control so that a time period from selection of the lottery type to presentation of the commercial good information selected by lottery when the second lottery type is selected is greater than the time period when the first lottery type is selected”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Akito et al. (JP 2024120107A) teaches vending machines that sell products using electronic media and electronic payments.
Juds et al. (US 20070026916A1) teaches a vending machine having a game of chance.
Akihiko (JP 2005070937) teaches a lottery lot system.
Park et al. (US 20100235240) teaches an automatic vending apparatus for providing advertisement and providing goods according to a result of a game.
Kaehler et al. (US 2002/0107610A) teaches a vending machine randomly dispensing special prize items in addition to selected items.
Myashita et al. (US 4213524) teaches an automatic vending machine with lottery bonus.
Walker et al. (US 20060282323) teaches systems and methods for vending machine jackpots
Matsuno (JP 7282852) teaches an article discharging device with a game.
Takahashi (JP 6304590B2) Teaches a lottery vending machine for baseball cards.
Hayashi (JP 7441614) teaches a capsule toy vend
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/PAUL S SCHWARZENBERG/Primary Examiner, Art Unit 3695 5/31/2026
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