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 .
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 .
DETAILED ACTION
This communication is in response to application No. 19/101,162, filed on 02/04/2025. Claims 1-12 are currently pending and have been examined. Claims 1-12 have been rejected as follow,
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 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1-12 are not compliant with 101, according with the last “2019 Revised Patent Subject Matter Eligibility Guidance” (2019 PEG), published in the MPEP 2103 through 2106.07(c). Examiner’s analysis is presented below for all the claims
As to claim 1, Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a system.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim? Yes. The claim recites the limitations of
“at least [program]…. (110) adapted to allow said user (1) to enter his/her payment details, to be able to view said commercial activity (2) nearby and the complete list of all affiliated commercial activities, to be able to make online purchases, to participate in the competition procedure for winning the amount of said economic transaction (10) that is about to be carried out; … (120) adapted to be used by said manager (3) … (110); at least …. (130) adapted to be used by said user (1) to exploit the system by initiating an interaction with said cash device (120) at the time of carrying out said economic transaction (10); … (110) comprising: at least a user section (111) adapted to allow the configuration … and the choice of preferred payment methods to complete remote purchases; at least a seller section (112) adapted to provide said commercial activity (2) with the possibility to promote their products and services, to show one's position, provide contact details, sell online, and set the payment preferences by the system when said user (111) wins the amount of said economic transaction or pays through the system (10); at least a [program] (113) adapted to generate random values for variables that determine a win or a loss of the possibility of receiving the amount of said economic transaction (10); at least a [program] (114) adapted to manage the payment of said economic transaction”
The “of carrying out, provide, generate, filled and emptied ” limitations, as drafted, is a system that, under its broadest reasonable interpretation, covers performance of the limitations as certain methods of organizing human activity, advertising, marketing or sales activities or behaviors. The system for winning an economic transaction. Thus, the claim recites an abstract idea.
Step 2A - Prong 2: Integrated into a Practical Application? No. The claim recites additional limitations, such as,
“a web portal and/or application ; at least a cash device (120) adapted to be used by said manager (3) to communicate with said web portal and/or application (110); least a pocket device ; configuration of a personal profile; a game algorithm; a payment algorithm (114); at least a prize fund money (115) adapted to be filled and emptied periodically on the basis of the transactions from which it receives a percentage, and on the basis of the victories for which it disburses part, or the entire sum of the payment of said economic transaction (10); said prize fund money (115) adapted to be divided into one or more reserve stocks from which to withdraw money in customized conditions by said manager (3) such as a win that occurs in a moment of scarce presence of funds on the main stock; said cash device (120) comprising: at least a reading unit (121) adapted to detect the presence of said pocket device (130) of said user(l); at least a connection unit (122) adapted to connect to said web portal and/or application (110); at least some led lights (123) adapted to send a signal in response to the connection to said web portal and/or application (110).”
These limitations comprise generic recited computer elements, software and data elements.
The use of “a web portal and/or application, a game algorithm; a payment algorithm , a personal profile“, it is software. Software is not sufficient to integrate the abstract idea because it merely reflects the use of conventional technology and amounts to only generally linking the use of an abstract idea to a particular technological environment. MPEP 2106.05(h).
“a web portal and/or application ; at least a cash device (120) adapted to be used by said manager (3) to communicate with said web portal and/or application (110); least a pocket device ; configuration of a personal profile; a game algorithm; a payment algorithm (114); at least a prize fund money (115) adapted to be filled and emptied periodically on the basis of the transactions from which it receives a percentage, and on the basis of the victories for which it disburses part, or the entire sum of the payment of said economic transaction (10); said prize fund money (115) adapted to be divided into one or more reserve stocks from which to withdraw money in customized conditions by said manager (3) such as a win that occurs in a moment of scarce presence of funds on the main stock; said cash device (120) comprising: at least a reading unit (121) adapted to detect the presence of said pocket device (130) of said user(l); at least a connection unit (122) adapted to connect to said web portal and/or application (110); at least some led lights (123) adapted to send a signal in response to the connection to said web portal and/or application (110).” When a claim invokes computers or other machinery merely as a tool to perform a process. The use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application or provide significantly more. (see “Technical improvements include maintaining individual privacy and preserving sensitive personal information, while nonetheless allowing for targeted marketing”, paragraph 18 of instant specification). The combination of these additional elements can also be considered no more than mere instructions “to apply” the exception, See MPEP 2106.05(f).
Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The claim as a whole does not integrate the method of organizing human activity into a practical application. Thus, the claim is ineligible because is directed to the recited judicial exception (abstract idea).
Claim 11: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a method.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim ? Yes. Because the same reasons pointed above.
Step 2A - Prong 2: Integrated into a Practical Application? No. Because the same reasons pointed above.
Step 2B : claim provides an inventive concept? No. Because the same reasons pointed above. The claim is ineligible.
Dependent claims 2-10 and 12, the claims recite elements such as “characterized in that said cash device (120) is adapted to comprise at least a numeric, alphanumeric and/or graphic code (124) adapted to allow said user (1) to scan the same by means of his/her own mobile device such as for example a smartphone connected to said user section (111), to start communication with said web portal and/or application (110)”, etc. These elements do not integrate the system of organizing human activity into a practical application. The claims are ineligible.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over US Pg. Pub. No. 20090037311 (Omar) in view of US Pg. Pub. No. 20080207296 (Letnick).
As to claims 1 and 11, Omar discloses
Competition system for winning an economic transaction (100), adapted to be used by a user (1) in a commercial activity (2) affiliated with a manager (3) to have the opportunity to win part or all of the amount of one's own economic transaction (10) avoiding to pay it personally, characterized in that it comprises:
(“[0002] The present invention relates to a system for and a method of handling a multifunction transaction. More specifically, though not exclusively, the present invention relates to a method of and a system for handling a new multifunction transaction, which supports a new financial instrument that is more attractive than previous financial instruments, but which at the same time complies with strict Islamic law (and/or other sets of laws or regulations which impose strict limitations on the functional operation of those instruments such as those related to risk, speculation, gambling and games of chance and investment) on validly derivable benefits from such transactions….”, paragraph 2 and Fig. 2),
a) at least a web portal and/or application (110) adapted to allow said user (1) to enter his/her payment details, to be able to view said commercial activity (2) nearby and the complete list of all affiliated commercial activities, to be able to make online purchases, to participate in the competition procedure for winning the amount of said economic transaction (10) that is about to be carried out;
(“[0209] Payment or the acceptances of payments are effected via a payments menu on the user's mobile phone, which is downloaded with the relevant electronic application when the user signs up for an account. Payment is made with participating outlets, which designate the shop owner's specific account identification number already held in the central system to allow the acceptance of payment from the customer's mobile phone account. The shop owner's ID code is entered into or read by the mobile device (for example by camera image capture of a bar code). The mobile device ID is also transmitted and used to access the user's account associated with that mobile device ID. The user may also be required to provide a PIN (Personal Identification Number) before the transaction can proceed. This can be transmitted in the payment request message or if a more secure system is required, this can be required locally before a valid message can be constructed”, paragraphs 209 and 238);
b) at least a cash device (120) adapted to be used by said manager (3) to communicate with said web portal and/or application (110);
(“[0207] A monetary value can be loaded (via ticket terminals in shops/kiosks as well as through payments on the Internet) to a user's mobile device (or to a mobile user's account) to generate/increase funds available for spending/saving. This is termed a mobile device wallet system. These funds can either be saved or used to fund transactions normally effected by cash or credit card as well as in order to access the user's bank account and/or accept cash payments….”, paragraph 207);
c) at least a pocket device (130) adapted to be used by said user (1) to exploit the system by initiating an interaction with said cash device (120) at the time of carrying out said economic transaction (10);
(“… Once registered, the multifunction ticket can be replaced by a unique reference number provided on a carrier, for example on a more durable certificate, a proprietary swipe card or a mobile phone (later embodiment…”, paragraph 99);
said web portal and/or application (110) comprising:
d) at least a user section (111) adapted to allow the configuration of a personal [profile] and the choice of preferred payment methods to complete remote purchases;
(“[0090] The long-term event ticket is usually issued upon registration of the user into a central register of the issuer relating to the long-term event. The registration is by the secure retailer acting as an agent and involves an identification process at the point-of-sale. Here, the long-term event ticket is assigned to the name of a person (normally that has been validated either using a common identity item validation process i.e. passport, or a previous account opening process and specific identity validation i.e. bank account number/address details/credit card number) and recorded in a general register of the issuer. Often the register will be linked to a file containing a signature requiring a fallible human signature validation process….”, paragraph 90 and claims 4-5);
e) at least a seller section (112) adapted to provide said commercial activity (2) with the possibility to promote their products and services, to show one's position, provide contact details, sell online, and set the payment preferences by the system when said user (111) wins the amount of said economic transaction or pays through the system (10);
(“[0209] Payment or the acceptances of payments are effected via a payments menu on the user's mobile phone, which is downloaded with the relevant electronic application when the user signs up for an account. Payment is made with participating outlets, which designate the shop owner's specific account identification number already held in the central system to allow the acceptance of payment from the customer's mobile phone account. The shop owner's ID code is entered into or read by the mobile device (for example by camera image capture of a bar code). The mobile device ID is also transmitted and used to access the user's account associated with that mobile device ID. The user may also be required to provide a PIN (Personal Identification Number) before the transaction can proceed. This can be transmitted in the payment request message or if a more secure system is required, this can be required locally before a valid message can be constructed”, paragraph 209 and “…By linking up with online gaming sites the terminal network can be used where jurisdictions permit to take payment…”, paragraph 238);
f) at least a game algorithm (113) adapted to generate random values
(“…Again the prize draw numbers can be generated randomly by the terminal 34…”, paragraph 174)
for variables that determine a win or a loss of the possibility of receiving the amount of said economic transaction (10); at least a payment algorithm (114) adapted to manage the payment of said economic transaction (10) by the system towards said commercial activity (2) in case of victory by said user (l);
(“[0054] The basic structure of a Lottery Linked Deposit Account (LLDA) is simple. Typically, the bank automatically enrols in a lottery those depositors who maintain a deposit of some specified size for some specified period in the designated accounts. Commonly, the depositor receives one lottery ticket or chance, each month for every X dollars he has on deposit for that month. The buyer pays for her lottery tickets by foregoing interest relative to an account [Examiner interprets as at least a payment algorithm (114) adapted to manage the payment of said economic transaction ]that does not have the lottery feature. The lottery does not affect the principal of the bond or deposit, but the interest rate that the holder receives each period is a random variable. The interest rate the holder actually receives could be very low (perhaps zero or only nominal, depending on the scheme's structure) or it could be very high, if the owner is lucky enough to win the grand prize”, paragraph 54.
[0136] Another way of effecting the present invention, which takes advantage of the Acceptability Principle described previously, is termed the `Attachment Method`. ,,, transaction which comprises entry into a lottery, the amended transaction can use a portion of the wager purchase consideration for the purchase of an economic good or service as in the right to obtain some service or product or the actual purchase of a service or product, such as a chocolate bar [Examiner interprets as at least a payment algorithm (114) adapted to manage the payment of said economic transaction], paragraph 136);
g) at least a prize fund money (115) adapted to be filled and emptied periodically on the basis of the transactions from which it receives a percentage, and on the basis of the victories for which it disburses part, or the entire sum of the payment of said economic transaction (10); said prize fund money (115) adapted to be divided into one or more reserve stocks from which to withdraw money in customized conditions by said manager (3) such as a win that occurs in a moment of scarce presence of funds on the main stock;
(“[0172] The bond account 84 is partitioned into weekly draws accounts 86. For each weekly prize draw account 86, which has listed bond entries, there will be a percentage of bonds 88 which are registered correctly an awaiting maturity. There will also be a percentage of bond entries 90 which are unregistered. maturing bonds which fail to be reclaimed. These bonds are, after a certain length of time, cancelled and the funds accrued transferred at Step 91 to the issuing bank's own account 92…”, paragraph 172 and fig. 2);
h) said cash device (120) comprising: at least a reading unit (121) adapted [to detect ]the presence of said pocket device (130) of said user(l); at least a connection unit (122) adapted to connect to said web portal and/or application (110); [at least some led lights (123) adapted to send a signal in response to the connection] to said web portal and/or application (110).
(“[0209] Payment or the acceptances of payments are effected via a payments menu on the user's mobile phone, which is downloaded with the relevant electronic application when the user signs up for an account. Payment is made with participating outlets, which designate the shop owner's specific account identification number already held in the central system to allow the acceptance of payment from the customer's mobile phone account. The shop owner's ID code is entered into or read by the mobile device (for example by camera image capture of a bar code). The mobile device ID is also transmitted and used to access the user's account associated with that mobile device ID. The user may also be required to provide a PIN (Personal Identification Number) before the transaction can proceed”, paragraph 209. See also paragraphs 307-308).
Omar does not disclose but Lutnick discloses
profile
(“[0233] Various embodiments include software and/or hardware to enable the provision, modification, and maintenance of one or more user profiles. Thus, one or more user profiles may each comprise a set of data maintained in a data storage device. The data set(s) for each respective user profile may reflect any of a number of parameters or pieces of information, which relate to the particular user(s) corresponding to the profile(s). …”, paragraph 233),
detect the presence of said pocket device
(“[0029] In various embodiments, a mobile gaming device and a POS terminal may detect one another directly. For example, a receiver on the POS terminal may directly detect a signal emitted from the mobile gaming device. However, further information about the devices may be received via the devices respective networks….”, paragraph 29),
at least some led lights adapted to send a signal in response to the connection
(“For example, an infrared light-emitting diode (LED) can be used to generate signals.”, paragraph 39).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Lutnick’s teaching with the teaching of Omar. One would have been motivated to provide functionality to detect a mobile device in range close to a POS terminal in order to facilitate payment of a transaction.
As to claim 11, it comprises the same limitations than claim 1 above therefore they are rejected in the same manner and further the claim comprises
generation of a token (202), step in which said game algorithm (113) generates a token that can have a value resulting in a win or a loss; this step is adapted to have a positive (Y) or negative (N) outcome when the generated token corresponds to a winning value or not; when the token corresponds to a winning value (Y), the method (200) continues with a payment step by the system or third party (203); when the token corresponds to a losing value (N), the method (200) continues with a payment step by the user (204);
(“[0167] In a much shorter time frame, typically a week or a month after purchase 12 of the prize incentive bond, the short-term prize event occurs. Here the user 30 can check to see if their entry into the prize draw, in this embodiment the form of selected numbers, has won the prize. In the event of the prize being won, the ticket 33 can be taken back to the ticketing terminal 34 and both the selected numbers and the unique ticket identifier 34 can be sent again to the central server 38 for verification as a genuine winning ticket 33 against the data stored in the central secure database 40. A verification code (not shown) can be generated and sent to the terminal 34 to authorise payment of the prize [Examiner interprets as generation of a token ] or to provide the means by which the user 30 can receive payment. Such validation of short-term event winning tickets is a well known procedure and need not be explained in further detail herein”, paragraph 167.
- percentage acquisition step (205) provides that at the end of normal transactions between said user (1) and said commercial activity (2), and in any other transaction, the payment of said economic transaction (10) is received as a percentage by the system to fill said prize fund money (115).
(“…..there are a large number of bids for the actual house generating a high monetary amount for the attributed 10% then the buyer also gets a good deal as some of these attributed percentages will reduce the minimum reserved value element that has to be funded from the actual purchase”, paragraph 288).
As to claim 2, Omar discloses
characterized in that said cash device (120) is adapted to comprise at least a numeric, alphanumeric and/or graphic code (124) adapted to allow said user (1) to scan the same by means of his/her own mobile device such as for example a smartphone connected to said user section (111), to start communication with said web portal and/or application (110).
(“…Again the prize draw numbers can be generated randomly by the terminal 34…”, paragraph 174.
“…A verification code (not shown) can be generated and sent to the terminal 34 to authorise payment of the prize [Examiner interprets as generation of a token ] or to provide the means by which the user 30 can receive payment. Such validation of short-term event winning tickets is a well known procedure and need not be explained in further detail herein”, paragraph 167).
As to claim 3, Omar discloses
(“a mobile phone (later embodiment…”, paragraph 99);
Omar does not disclose but Lutnick discloses
characterized in that said pocket device (130) is made with passive technology such as RFID, magnetic or the like, adapted to be read by said reading unit (121) when approached thereto.
(“[0029] In various embodiments, a mobile gaming device and a POS terminal may detect one another directly. For example, a receiver on the POS terminal may directly detect a signal emitted from the mobile gaming device. However, further information about the devices may be received via the devices respective networks….”, paragraph 29),
at least some led lights adapted to send a signal in response to the connection
(“For example, an infrared light-emitting diode (LED) can be used to generate signals.”, paragraph 39).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Lutnick’s teaching with the teaching of Omar. One would have been motivated to provide functionality to detect a mobile device in range close to a POS terminal in order to facilitate payment of a transaction.
As to claim 4, Omar does not disclose but Lutnick discloses
characterized in that it allows said user (1) to interact with said web portal and/or application (110) both through their personal devices such as smartphones, tablets and the like, by scanning said code (124), or by using said pocket device (130) in case of lack of network connection for mobile devices.
(“[0021] In various embodiments, one of the mobile gaming device or the POS terminal may contain a short range communication device, such as an RFID tag. If the short range communication device can be detected by the POS terminal or the mobile gaming device, as appropriate, then it may be determined that the two devices are within a threshold range of one another….”, paragraph 21.
“[0029] In various embodiments, a mobile gaming device and a POS terminal may detect one another directly. For example, a receiver on the POS terminal may directly detect a signal emitted from the mobile gaming device. However, further information about the devices may be received via the devices respective networks….”, paragraph 29),
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Lutnick’s teaching with the teaching of Omar. One would have been motivated to provide functionality to detect a mobile device in range close to a POS terminal in order to facilitate payment of a transaction.
As to claim 5, Omar discloses
characterized in that it comprises at least a plugin and/or application (140) to be installed on cash registers, and/or on computers at said commercial activity (2) to allow the possibility of communicating directly with said web portal and/or application (110) via smartphone, tablet and other portable devices
(“[0204] In order to implement this service on a mobile device, the user can either simply download an appropriate software application to their mobile device and install it, or the user can register with the remote server for this service (for example by use of a mobile or fixed internet connection) and as a consequence be sent the software application for installation on the mobile device….”, paragraph 204).
As to claim 6, Omar does not disclose but Lutnick discloses
characterized in that it allows said commercial activity (2) to customize the probability of winning for its customers; the probability of winning may or may not be shown to said user (1) in said web portal and/or application (110)
(“0111] 5.3. Player defines parameters of the game. In various embodiments, a player may define one or more parameters of a game to be played. The game may be a game that the player plays in order to win a product. In various embodiments, the player may define his wager amount. The casino may then define the player's probability of winning such that the player's expected winnings are close to his wager amount. For example, the player's expected winnings may come out to be 95% of the player's wager in order to create a house edge for the casino. For example, the player may wish to bet $10 for the chance of winning a $100 item. Accordingly, the casino may set the player's probability of winning at 0.09. The monetary value of the player's expected winnings may thus be 0.09.times.$100 or $9. Thus, the casino will make an average of $1 from the bet. In various embodiments, the probability may be set to give the player expected winnings equal to his bet. In various embodiments, the probability may be set to give the player expected winnings in excess of his bet. This may be acceptable to the casino since the actual cost of the item may be less than its retail price. Therefore, the casino and the merchant stand to profit from the bet since the true value of the item to the casino or to the merchant is less than $100. [0112] In various embodiments, a player may specify his probability of winning in a game. The casino or merchant may then specify the required wager amount for the player. For example, a player may specify that he wishes to play a game in which he has a 10% chance of winning a $100 item. The casino may then require the player to place a wager of $11 in order to play such a game. In various embodiments, the merchant may be a counter party to a player bet. In various embodiments, the casino may be the counterparty to a player bet.”, paragraphs 111-112
also allowing to filter and/or organize the display of sellers based on it.
(“[0245] The gaming service applications bundled with, or otherwise offered in conjunction with communication services, may be customized to meet the needs of the customers, service providers, or both. For example, a service provider may elect to make certain gaming service applications available to only a subset of the service providers' customers. Accordingly, not all customers associated with a service provider may be offered gaming services. As an another example of customized gaming service applications, a communication service may offer customers a number of gaming service plans which may provide different levels of service. For example, certain services such as advertisement services and/or promotional services may be free to customers of the communications service. Such levels of service may be customer-selected, service provider-selected, or both”, paragraph 245).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Lutnick’s teaching with the teaching of Omar. One would have been motivated to provide functionality to filter sellers in order to facilitate bundle with other service providers (Lutnick paragraph 245).
As to claim 7, Omar discloses
characterized in that it allows said user (1) to make digital payments, with cryptocurrencies, with credit cards and in cash.
(“[0209] Payment or the acceptances of payments are effected via a payments menu on the user's mobile phone, which is downloaded with the relevant electronic application when the user signs up for an account. Payment is made with participating outlets, which designate the shop owner's specific account identification number already held in the central system to allow the acceptance of payment from the customer's mobile phone account. The shop owner's ID code is entered into or read by the mobile device (for example by camera image capture of a bar code). The mobile device ID is also transmitted and used to access the user's account associated with that mobile device ID. The user may also be required to provide a PIN (Personal Identification Number) before the transaction can proceed. This can be transmitted in the payment request message or if a more secure system is required, this can be required locally before a valid message can be constructed”, paragraphs 209 and 238.
See also “[0207] A monetary value can be loaded (via ticket terminals in shops/kiosks as well as through payments on the Internet) to a user's mobile device (or to a mobile user's account) to generate/increase funds available for spending/saving. This is termed a mobile device wallet system. These funds can either be saved or used to fund transactions normally effected by cash or credit card….”, paragraph 207);
Omar does not disclose cryptocurrencies but from Omar’s teaching of “mobile device wallet” in paragraph 207 is very well know that device wallets can store, cash, credit cards and cryptocurrencies and it would yield predictable results.
As to claim 9, Omar discloses
characterized in that it provides the possibility that an economic transaction to the same account, such as that of said commercial activity (2), may come from more than one account in an alternative way, such as said prize fund money (115) and the account of said user (1), in the case, for example, of winning a part of the entire amount of said economic transaction (10).
([0136] Another way of effecting the present invention, which takes advantage of the Acceptability Principle described previously, is termed the `Attachment Method`. … transaction which comprises entry into a lottery, the amended transaction can use a portion of the wager purchase consideration for the purchase of an economic good or service as in the right to obtain some service or product or the actual purchase of a service or product, such as a chocolate bar [Examiner interprets as at least a payment algorithm (114) adapted to manage the payment of said economic transaction], paragraph 136.
“[0172] The bond account 84 is partitioned into weekly draws accounts 86. For each weekly prize draw account 86, which has listed bond entries, there will be a percentage of bonds 88 which are registered correctly an awaiting maturity. There will also be a percentage of bond entries 90 which are unregistered. maturing bonds which fail to be reclaimed. These bonds are, after a certain length of time, cancelled and the funds accrued transferred at Step 91 to the issuing bank's own account 92…”, paragraphs 172, 238 and Fig. 2);
As to claim 10, Omar does not disclose but Lutnick discloses
characterized in that it comprises a proximity device adapted to intercept the presence of smartphones within a preset range of action to send push notifications to said identified smartphones, said notifications being adapted to inform passers-by or customers of the point of sale of the possibilities of winning through the system in question.
(“[0021] In various embodiments, one of the mobile gaming device or the POS terminal may contain a short range communication device, such as an RFID tag. If the short range communication device can be detected by the POS terminal or the mobile gaming device, as appropriate, then it may be determined that the two devices are within a threshold range of one another. In various embodiments, short range communication device is separate from both the mobile gaming device and the POS terminal. For example, the device is in the ceiling of a store. In this case, if the device is detectable by both the POS terminal and the mobile gaming device then it may be determined that the POS terminal and the mobile gaming device are within a threshold range of one another. In various embodiments, if the short range communication device is detectable by only the mobile gaming device, then it may be determined that the mobile gaming device is within a threshold range of the POS terminal. For example, it may already be established how far from the POS terminal the short range communication device is”, paragraph 21.
“…The player may provide a credit card number or debit card number and authorize the deduction of funds in order to fund the player's account for retail purchases. The player may also receive value in the form of promotions. ..”, paragraph 63).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Lutnick’s teaching with the teaching of Omar. One would have been motivated to provide functionality to intercept the presence of smartphones within a preset range of action in order to facilitate a transaction and provide promotions (Lutnick paragraph 63) .
As to claim 12, Omar discloses
characterized in that said payment step by the system or third party (203) and said payment step by the user (204) also provide for sending a notification to said user (1) in said user section (111) and a notification to said commercial activity (2) in said seller section (112) and on said cash device (120).
( “…a winning ticket of a prize draw has been selected, the remote server can look up the mobile telecommunications address associated with the ticket number (e.g. mobile telephone number) and send a notification back to the mobile device of the user concerning the outcome…”, paragraph 205).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US Pg. Pub. No. 20090037311 (Omar) in view of US Pg. Pub. No. 20080207296 (Letnick) and in view of US Pg. Pub. No. 20090171777 (Powell).
As to claim 8, Omar does not disclose but Powell discloses
characterized in that it allows said user (1) to enter said commercial activity (2) in a list of favorites and to receive notifications in the event of promotions activated by it.
(“…(c) transmitting the promotion data from the promotion database to a cardholder database including a displayable list of available promotions for each cardholder; (d) selecting by a cardholder at least one promotion from the list of available promotions, the selecting is performed by the cardholder using an input device such as a personal computer, a cellular telephone, a personal digital assistant (PDA), or other web-based connectable equipment in communication with the cardholder database; …”, paragraph 21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Powell’s teaching with the teaching of Omar. One would have been motivated to provide functionality to receive a list of promotion notifications in order to “facilitate, for example, electronic submission of information using a client system”, (Powell paragraph 21).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“Casinos and the Digitization of the Slot Machine, 1950–1989”. IEEE. 2011.
“The last 30 years marked the unprecedented expansion of the casino industry and advances in gambling technology, particularly the slot machine. The development of the digital slot machine demonstrates the ways in which the culture of the casino floor and the specifics of the mechanical machine shaped the evolution of its digital successor.”
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/MARIA V VANDERHORST/Primary Examiner, Art Unit 3621 8/14/2026
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