Patent 11338189
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
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Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
To identify the most relevant prior art for US patent 11338189, I will examine the "Cited By" section of the patent record from the USPTO. I'll then analyze each cited patent to determine its relevance to the claims of US11338189, specifically looking for potential anticipation under 35 U.S.C. § 102.
USPTO Search for Patent 11338189:
As of April 26, 2026, a direct search for "11338189" on the USPTO database (Patent Public Search) would be the primary method to access its full details, including its cited prior art.
Once the patent document for US11338189 is retrieved, the "References Cited" section will list the prior art considered by the examiner. For each of these references, I will provide the requested information.
Since I cannot directly interact with a live USPTO database and extract the "References Cited" section in real-time, I will simulate the expected output by relying on the information provided in the patent text itself regarding prior art. The patent text explicitly mentions one key prior art reference:
- U.S. Pat. No. 5,813,913 to Berner and Lockton (the '913 patent)
Analysis of Cited Prior Art:
1. U.S. Pat. No. 5,813,913
Full Citation: U.S. Pat. No. 5,813,913 to Berner and Lockton.
Publication/Filing Date: The patent 11338189 states it was "incorporated herein by reference," and was a "continuation of U.S. patent application Ser. No. 11/652,240, filed Jan. 10, 2007, and titled “METHOD OF AND SYSTEM FOR CONDUCTING MULTIPLE CONTESTS OF SKILL WITH A SINGLE PERFORMANCE” which claims priority under 35 U.S.C. § 119(e) of the, co-owned U.S. Provisional Patent Application No. 60/757,960, filed Jan. 10, 2006, and titled “METHODOLOGY FOR CONDUCTING MULTIPLE CONTESTS OF SKILL WITH A SINGLE PERFORMANCE,” and which are all also hereby incorporated by reference in their entirety." The '913 patent itself has a prior art date of January 10, 2006.
Brief Description: This patent describes a central computing system that groups participants of similar skill levels into separate, simultaneous competitions playing an identical game. It communicates relative performances only to those competing at the same skill level. It also provides for a wireless receiving device to permanently store a participant's skill level for different event types (e.g., televised sports, game shows) and uses a telephonic link to collect information and update skill levels after game completion.
Potential Anticipation (35 U.S.C. § 102): The '913 patent serves as foundational prior art, establishing the concept of grouping players by skill level for competitive games. While it introduces the idea of separate levels of competition for an identical game, US11338189 distinguishes itself by allowing a single performance to simultaneously apply to multiple, different contests with different pools of entrants and different rewards.
Specifically, the '913 patent might anticipate aspects of US11338189 related to:
- Grouping participants by skill level: The '913 patent explicitly provides for this.
- Playing an identical game in separate competitions: The '913 patent describes "simultaneous, but separate, levels of competition playing an identical game."
- Communicating relative performances: The '913 patent outlines communicating "relative performances to only those participants competing at the same skill level."
However, the distinguishing features of US11338189, such as applying a single set of event selections to multiple different contests (e.g., an open contest, a private friends' contest, and a team competition) with varying participant pools and reward structures, appear to go beyond the scope of the '913 patent. The '913 patent focuses on a single game being divided into skill-based levels where participants are identical within that level's comparison, rather than a single performance being simultaneously scored across wholly distinct contests with potentially overlapping but not identical participant pools and rules.
Therefore, while the '913 patent lays important groundwork, it likely does not fully anticipate independent claims 1, 14, or 24 of US11338189 due to the "multiple contests of skill or chance" element being distinctly and simultaneously applied to separate, potentially user-defined, groups with different outcomes from a single set of event selections. The '913 patent primarily focuses on segregating a single competition into skill levels, not on a single performance being evaluated across truly independent competitions for different objectives.
Generated 5/28/2026, 12:46:04 PM