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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/02/2026 has been entered.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
Claims 1-25 are rejected under 35 U.S.C. 103 as being unpatentable over Bontempo (20100102507) in view of Fisher (20080132315), Krupenko (20190108725), and Snow (20170092037).
Regarding claim 1, Bontempo (Figures 1-35) teaches a multi-ball roulette mechanism, comprising: an annular stationary rim (Fig. 1 and 6, Part No. 22) (Para. 0082), the stationary rim having a central opening (See fig. 6) and an upwardly curved face (see fig. 6) around which a roulette ball (34) travels; a rotating roulette wheel (Fig. 6, Part No. 26) (Para. 0082) positioned in the central opening of the stationary rim, the roulette wheel including a number of pockets (30) (Para. 0083) configured to hold one or more roulette balls among traveling from the curved face onto the roulette wheel (Para. 0083), each of the pockets being identified by a number and a color (Para. 0085-0086) and being configured to spin in a first direction; and launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109); wherein the curved face of the stationary rim (22) includes one or more paths around which at least a first roulette ball travel, wherein the first roulette ball is launched onto one or more paths to rotate around the stationary rim (22) while moving down the curved face toward the roulette wheel as the first roulette ball loses momentum.
Bontempo does not teach an upwardly curved face around which two or more roulette balls travel, two or more roulette balls traveling from the curved face onto the roulette wheel, a roulette ball launching system configured to launch the two or more roulette balls, one or more sensors positioned on the stationary rim, wherein the one or more sensors measure a rotational velocity of a launched roulette ball, wherein the roulette ball launching system determines an offset before launching a subsequent roulette ball during a same game cycle based on the measured rotational velocity to prevent collision between roulette balls while traveling on the stationary rim, the curved face of the stationary rim includes one or more paths around which one or more additional roulette balls among the two or more roulette balls travel, wherein the first roulette ball is launched by the roulette ball launching system onto one of the one or more paths to rotate around the stationary rim while moving down the curved face toward the roulette wheel as the first roulette ball loses momentum, and wherein the one or more additional roulette balls are launched by the roulette ball launching system onto the one or more paths without colliding with the first roulette ball or any additional roulette balls while travelling on the one or more paths.
Fisher teaches an upwardly curved face (Fig. 1, Part No. 13) (Para. 0055) around which two or more roulette balls travel, two or more roulette balls (Fig. 1-2, Part No. 90) (Para. 0056) traveling from the curved face (13) onto the roulette wheel, a roulette ball launching system (Fig. 1-2, Part No. 30) (Para. 0061) configured to launch the two or more roulette balls (90), the curved face of the rim includes one or more paths (Fig. 1, Part No. 19) (Para. 0056) around which one or more additional roulette balls among the two or more roulette balls travel, wherein the first roulette ball is launched by the roulette ball launching system onto one of the one or more paths (19) to rotate around the rim while moving down the curved face toward the roulette wheel as the first roulette ball loses momentum (Para. 0056), and wherein the one or more additional roulette balls (90) are launched by the roulette ball launching system (30) onto the one or more paths (19) without colliding with the first roulette ball or any additional roulette balls while travelling on the one or more paths (Para. 0052, 0056).
It is noted that the prior art of Fisher (Fig. 1-2) teaches a roulette ball launching system that launches a one ball at a time (see fig. 1, part no. 30) so that Fisher teaches “the one or more additional roulette balls are launched by the roulette ball launching system onto the one or more paths without colliding with the first roulette ball or any additional roulette balls while travelling on the one or more paths” as claimed (Fisher: Para. 0052, 0056).
Krupenko ( Figures 1-17) teaches one or more sensors positioned on the stationary rim (Para. 0049), wherein the one or more sensors measure a rotational velocity of a launched roulette ball (Para. 0049), wherein the roulette ball launching system determines an offset before launching a subsequent roulette ball based on the measured rotational velocity to prevent collision between roulette balls while traveling on the stationary rim (Para. 0064-0065).
Snow teaches the roulette ball launching system determines an offset before launching a subsequent roulette ball during a same game cycle (Para. 0106, 0108).
It is noted that Snow (Para. 0106) discloses: “the ball launching system 600 may employ internal memory and/or external memory to store instructions that determine launch direction, launch speed, launch delays for multiple balls, and other launch characteristics. To prevent predictive behavior, launch characteristics (e.g., launch speed) may be varied randomly or intermittently with each successive ball”. Snow (Para. 0108) discloses: “the ball launching system 600 may include provisions for storing and automatically loading a plurality of roulette balls. Automatic loading enables the launching system 680 to launch multiple balls 668 in succession into the ball track 666. For example, a player may elect to play two or three balls on each spin”.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Bontempo with a roulette ball launching system configured to launch the two or more roulette balls as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly (Fisher: Para. 0061), to provide Bontempo with one or more sensors positioned on the stationary rim as taught by Krupenko as a means of providing a roulette wheel with a sensor that provides a velocity that a roulette ball spins while rotating around an angular track (Krupenko: Para. 0049), and to provide Bontempo with the roulette ball launching system determines an offset before launching a subsequent roulette ball during a same game cycle as taught by Snow as a means of determining launch delays for multiple balls by varying launch speed randomly or intermittently with each successive ball (Snow: Para. 0106, 0108).
Regarding claim 2, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach a time difference between a roulette ball and a subsequent roulette ball among the two or more roulette balls are launched is sufficient to prevent the roulette ball and the subsequent roulette ball from colliding.
Fisher teaches a time difference between a roulette ball (90) and a subsequent roulette ball (90) among the two or more roulette balls are launched is sufficient to prevent the roulette ball and the subsequent roulette ball from colliding (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with a time difference between a roulette ball and a subsequent roulette ball among the two or more roulette balls are launched is sufficient to prevent the roulette ball and the subsequent roulette ball from colliding as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly at different times (Fisher: Para. 0061).
Regarding claim 3, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach a time difference between a roulette ball and a subsequent roulette ball among the two or more roulette balls are launched and an initial rotational velocity of the roulette ball and the subsequent roulette ball are sufficient to prevent any of the roulette balls on the curved face from colliding.
Fisher teaches a time difference between a roulette ball (90) and a subsequent roulette ball (90) among the two or more roulette balls are launched and an initial rotational velocity of the roulette ball and the subsequent roulette ball are sufficient to prevent any of the roulette balls on the curved face from colliding (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with an initial rotational velocity of the roulette ball and the subsequent roulette ball are sufficient to prevent any of the roulette balls on the curved face from colliding as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly at different times (Fisher: Para. 0061).
Regarding claim 4, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach the curved face includes an upper track and a lower track and a plurality of sections, wherein the upper track is formed between a first section and a second section and the lower track is formed between the second section and a third section.
Fisher teaches the curved face includes an upper track (Fig. 1, Part No. 19) and a lower track (19) and a plurality of sections (See fig. 1), wherein the upper track is formed between a first section and a second section and the lower track is formed between the second section and a third section (See fig. 1) (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with an upper track and a lower track and a plurality of sections as taught by Fisher as a means of providing a roulette wheel assembly with a plurality of radially outward sphere-launching track rings (Fisher: Para. 0056).
Regarding claim 5, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach the first section, the second section and the third section are flat.
Fisher teaches the first section, the second section and the third section are flat (See fig. 1 and 6) (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with the first section, the second section and the third section are flat as taught by Fisher as a means of providing a roulette wheel assembly with a plurality of radially outward sphere-launching track rings (Fisher: Para. 0056).
Regarding claim 6, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach the first roulette ball moves to the lower track prior to the one or more additional roulette balls being launched onto the upper track, and wherein the first roulette ball moves out of the lower track prior to the one or more additional roulette balls moving to the lower track.
Fisher teaches the first roulette ball (90) moves to the lower track prior to the one or more additional roulette balls being launched onto the upper track (See fig. 1-2), and wherein the first roulette ball moves out of the lower track prior to the one or more additional roulette balls moving to the lower track (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with the first roulette ball moves to the lower track prior to the one or more additional roulette balls being launched onto the upper track as taught by Fisher as a means of providing a roulette wheel assembly with a plurality of launching roulette balls on a roulette wheel at different times (Fisher: Para. 0056).
Regarding claim 7, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach the curved face is smooth and continuously curves at sharper angles toward an outer edge of the stationary rim, and wherein the two or more roulette balls spiral down the curved face toward the roulette wheel.
Fisher teaches the curved face (19) is smooth and continuously curves at sharper angles toward an outer edge of the stationary rim, and wherein the two or more roulette balls spiral down the curved face toward the roulette wheel (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with the two or more roulette balls spiral down the curved face toward the roulette wheel as taught by Fisher as a means of providing a roulette wheel assembly with a plurality of radially outward sphere-launching track rings (Fisher: Para. 0056).
Regarding claim 8, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach a roulette ball and a subsequent roulette ball among the two or more roulette balls have a diameter, and wherein the roulette ball and the subsequent roulette ball move down the curved face at a rate sufficient to maintain at least the diameter as a distance on the curved face between the roulette ball and the subsequent roulette ball.
Fisher teaches a roulette ball (90) and a subsequent roulette ball (90) among the two or more roulette balls have a diameter, and wherein the roulette ball and the subsequent roulette ball move down the curved face at a rate sufficient to maintain at least the diameter as a distance on the curved face between the roulette ball and the subsequent roulette ball (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with maintaining at least the diameter as a distance on the curved face between the roulette ball and the subsequent roulette ball as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly at different times (Fisher: Para. 0061).
Regarding claim 9, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach a roulette ball and a subsequent roulette ball among the two or more roulette balls move down the curved face at a rate sufficient to maintain a predetermined minimum distance between roulette ball and the subsequent roulette ball.
Fisher teaches a roulette ball (90) and a subsequent roulette ball (90) among the two or more roulette balls move down the curved face at a rate sufficient to maintain a predetermined minimum distance between roulette ball and the subsequent roulette ball (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with maintain a predetermined minimum distance between roulette ball and the subsequent roulette ball as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly at different times (Fisher: Para. 0061).
Regarding claim 10, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach the roulette ball launching system includes multiple launchers, and wherein the second direction is equal to the first direction, opposite of the first direction, or both.
Fisher teaches the roulette ball launching system includes multiple launchers (Fig. 1-4, Part No. 22) (Para. 0061), and wherein the second direction is equal to the first direction, opposite of the first direction, or both (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with the roulette ball launching system includes multiple launchers as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly (Fisher: Para. 0061).
Regarding claim 11, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach a ball speed of the two or more roulette balls travelling on the stationary rim is measured one or more times per revolution, and wherein an initial speed of roulette balls subsequent to the first roulette ball and a time difference between when the first roulette ball is launched and each of the subsequent roulette balls are launched is based on the measurements of the ball speed of the first roulette ball and the subsequent roulette balls and so that at least a predetermined minimum distance between the two or more roulette balls is maintained.
Fisher teaches two or more roulette balls (90) travelling on the stationary rim (Para. 0052, 0056).
It is noted that the claim recitation of “a ball speed of the two or more roulette balls travelling on the stationary rim is measured one or more times per revolution, and wherein an initial speed of roulette balls subsequent to the first roulette ball and a time difference between when the first roulette ball is launched and each of the subsequent roulette balls are launched is based on the measurements of the ball speed of the first roulette ball and the subsequent roulette balls and so that at least a predetermined minimum distance between the two or more roulette balls is maintained” is directed to a functional limitation and does not structurally distinguish the claimed apparatus from the combination of the prior art Bontempo and Fisher. Apparatus claims cover what a device is, not what a device does. Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)). It is noted that there is no positive structure for the recited functional limitation of claim 11. The prior art shows two balls moving around the wheel with a distance being between the two balls. Since the wheel is moving at one speed and controls both balls a distance between the balls is maintained as claimed.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with two or more roulette balls travelling on the stationary rim as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly (Fisher: Para. 0061).
Regarding claim 12, the modified Bontempo (Figures 1-35) teaches launching a roulette ball spinning around the stationary rim in a second direction (Para. 0109).
The modified Bontempo does not teach a ball position of the two or more roulette balls travelling on the stationary rim is measured one or more times per revolution, and wherein an initial speed of roulette balls subsequent to the first roulette ball and a time difference between when the first roulette ball is launched and each of the subsequent roulette balls are launched is based on the measurements of the ball position of the first roulette ball and the subsequent roulette balls and so that at least a predetermined minimum distance between the two or more roulette balls is maintained.
Fisher teaches two or more roulette balls (90) travelling on the stationary rim (Para. 0052, 0056).
It is noted that the claim recitation of “a ball position of the two or more roulette balls travelling on the stationary rim is measured one or more times per revolution, and wherein an initial speed of roulette balls subsequent to the first roulette ball and a time difference between when the first roulette ball is launched and each of the subsequent roulette balls are launched is based on the measurements of the ball position of the first roulette ball and the subsequent roulette balls and so that at least a predetermined minimum distance between the two or more roulette balls is maintained” is directed to a functional limitation and does not structurally distinguish the claimed apparatus from the combination of the prior art Bontempo and Fisher. Apparatus claims cover what a device is, not what a device does. Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)). It is noted that there is no positive structure for the recited functional limitation of claim 12. The prior art shows two balls moving around the wheel with a distance being between the two balls. Since the wheel is moving at one speed and controls both balls a distance between the balls is maintained as claimed.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with two or more roulette balls travelling on the stationary rim as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly (Fisher: Para. 0061).
Regarding claim 13, Bontempo (Figures 1-35) teaches a multi-ball roulette mechanism, comprising: an annular stationary rim (Fig. 1 and 6, Part No. 22) (Para. 0082), the stationary rim having a central opening (See fig. 6) and an upwardly curved face (see fig. 6) around which a roulette ball travels; a rotating roulette wheel (Fig. 6, Part No. 26) (Para. 0082) positioned in the central opening of the stationary rim, the roulette wheel including a number of pockets (30) (Para. 0083) configured to hold one or more roulette balls among the two or more roulette balls traveling from the curved face onto the roulette wheel (Para. 0083), each of the pockets being identified by a number and a color (Para. 0085-0086) and being configured to spin in a first direction; launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119); wherein the curved face of the stationary rim includes a track around which a first roulette ball travels, wherein the first roulette ball is launched to rotate around the stationary rim while moving down the curved face as the first roulette ball loses momentum.
Bontempo does not teach an upwardly curved face around which two or more roulette balls travel, a roulette ball launching system configured to launch the two or more roulette balls, one or more sensors positioned on the stationary rim, wherein the one or more sensors measure a rotational velocity of a launched roulette ball, wherein the roulette ball launching system determines an offset before launching a subsequent roulette ball during a same game cycle based on the measured rotational velocity to prevent collision between roulette balls while traveling on the stationary rim, the curved face of the stationary rim includes at least an upper track and a lower track around which a first roulette ball and one or more additional roulette balls among the two or more roulette balls travel, wherein the first roulette ball is launched by the roulette ball launching system onto the upper track to rotate around the stationary rim while moving down the curved face toward the lower track and the roulette wheel as the first roulette ball loses momentum, and wherein the one or more additional roulette balls are launched by the roulette ball launching system onto the upper track path after at least the first roulette ball moves toward the lower track and without colliding with the first roulette ball or any additional roulette balls while travelling on the upper track or the lower track.
Fisher teaches an upwardly curved face (Fig. 1, Part No. 13) (Para. 0055) around which two or more roulette balls travel, a roulette ball launching system (Fig. 1-2, Part No. 30) (Para. 0061) configured to launch the two or more roulette balls (90), the curved face of the stationary rim includes at least an upper track and a lower track (Fig. 1, Part No. 19) around which a first roulette ball and one or more additional roulette balls (90) among the two or more roulette balls travel, wherein the first roulette ball is launched by the roulette ball launching system onto the upper track (19) to rotate around the stationary rim while moving down the curved face toward the lower track (19) and the roulette wheel as the first roulette ball loses momentum, and wherein the one or more additional roulette balls (90) are launched by the roulette ball launching system onto the upper track path (19) after at least the first roulette ball moves toward the lower track (19) and without colliding with the first roulette ball or any additional roulette balls while travelling on the upper track or the lower track (Para. 0052, 0056).
It is noted that the prior art of Fisher (Fig. 1-2) teaches a roulette ball launching system that launches a one ball at a time (see fig. 1, part no. 30) so that Fisher teaches “the one or more additional roulette balls are launched by the roulette ball launching system onto the upper track path after at least the first roulette ball moves toward the lower track and without colliding with the first roulette ball or any additional roulette balls while travelling on the upper track or the lower track” as claimed (Fisher: Para. 0052, 0056).
Krupenko ( Figures 1-17) teaches one or more sensors positioned on the stationary rim (Para. 0049), wherein the one or more sensors measure a rotational velocity of a launched roulette ball (Para. 0049), wherein the roulette ball launching system determines an offset before launching a subsequent roulette ball based on the measured rotational velocity to prevent collision between roulette balls while traveling on the stationary rim (Para. 0064-0065).
Snow teaches the roulette ball launching system determines an offset before launching a subsequent roulette ball during a same game cycle (Para. 0106, 0108).
It is noted that Snow (Para. 0106) discloses: “the ball launching system 600 may employ internal memory and/or external memory to store instructions that determine launch direction, launch speed, launch delays for multiple balls, and other launch characteristics. To prevent predictive behavior, launch characteristics (e.g., launch speed) may be varied randomly or intermittently with each successive ball”. Snow (Para. 0108) discloses: “the ball launching system 600 may include provisions for storing and automatically loading a plurality of roulette balls. Automatic loading enables the launching system 680 to launch multiple balls 668 in succession into the ball track 666. For example, a player may elect to play two or three balls on each spin”.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Bontempo with a roulette ball launching system configured to launch the two or more roulette balls as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly (Fisher: Para. 0061), to provide Bontempo with one or more sensors positioned on the stationary rim as taught by Krupenko as a means of providing a roulette wheel with a sensor that provides a velocity that a roulette ball spins while rotating around an angular track (Krupenko: Para. 0049), and to provide Bontempo with the roulette ball launching system determines an offset before launching a subsequent roulette ball during a same game cycle as taught by Snow as a means of determining launch delays for multiple balls by varying launch speed randomly or intermittently with each successive ball (Snow: Para. 0106, 0108).
Regarding claim 14, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach a time difference between when a roulette ball and a subsequent roulette ball among the two or more roulette balls are launched is sufficient to prevent the roulette ball and the subsequent roulette ball from colliding.
Fisher teaches a time difference between when a roulette ball (90) and a subsequent roulette ball (90) among the two or more roulette balls are launched is sufficient to prevent the roulette ball and the subsequent roulette ball from colliding (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with a time difference between a roulette ball and a subsequent roulette ball among the two or more roulette balls are launched is sufficient to prevent the balls from colliding as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly at different times (Fisher: Para. 0061).
Regarding claim 15, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach a time difference between when a roulette ball and a subsequent roulette ball among the two or more roulette balls are launched and an initial rotational velocity of the roulette ball and the subsequent roulette ball are sufficient to prevent any of the roulette balls on the curved face from colliding.
Fisher teaches a time difference between when a roulette ball (90) and a subsequent roulette ball (90) among the two or more roulette balls are launched and an initial rotational velocity of the roulette ball and the subsequent roulette ball are sufficient to prevent any of the roulette balls on the curved face from colliding (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with an initial rotational velocity of the roulette ball and the subsequent roulette ball are sufficient to prevent any of the roulette balls on the curved face from colliding as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly at different times (Fisher: Para. 0061).
Regarding claim 16, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach the upper track is formed between a first section and a second section and the lower track is formed between the second section and a third section.
Fisher teaches the upper track is formed between a first section and a second section and the lower track is formed between the second section and a third section (See fig. 1) (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with the upper track is formed between a first section and a second section as taught by Fisher as a means of providing a roulette wheel assembly with a plurality of radially outward sphere-launching track rings (Fisher: Para. 0056).
Regarding claim 17, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach the first section, the second section and the third section are flat.
Fisher teaches the first section, the second section and the third section are flat (See fig. 1) (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with the first section, the second section and the third section are flat as taught by Fisher as a means of providing a roulette wheel assembly with a plurality of radially outward sphere-launching track rings (Fisher: Para. 0056).
Regarding claim 18, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach the first roulette ball moves out of a track prior to at least a second roulette ball moving to the track.
Fisher teaches the first roulette ball (90) moves out of a track prior to at least a second roulette ball (90) moving to the track (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with the first roulette ball moves out of a track prior to at least a second roulette ball moving to the track as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly at different times (Fisher: Para. 0061).
Regarding claim 19, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach the curved face is smooth and continuously curves at sharper angles toward an outer edge of the stationary rim.
Fisher teaches the curved face (19) is smooth and continuously curves at sharper angles toward an outer edge of the stationary rim (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with the curved face is smooth and continuously curves as taught by Fisher as a means of providing a roulette wheel assembly with a plurality of radially outward sphere-launching track rings (Fisher: Para. 0056).
Regarding claim 20, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach the upper track and the lower track are part of one or more paths that spiral down the curved face from a launch point to the roulette wheel.
Fisher teaches the upper track (19) and the lower track (19) are part of one or more paths that spiral down the curved face from a launch point to the roulette wheel (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with the upper track and the lower track are part of one or more paths that spiral down the curved face as taught by Fisher as a means of providing a roulette wheel assembly with a plurality of radially outward sphere-launching track rings (Fisher: Para. 0056).
Regarding claim 21, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach a roulette ball and a subsequent roulette ball among the two or more roulette balls have a diameter, and wherein the roulette ball and the subsequent roulette balls move down the curved face at a rate sufficient to maintain at least the diameter as a distance on the curved face between the roulette ball and the subsequent roulette ball.
Fisher teaches a roulette ball (90) and a subsequent roulette ball (90) among the two or more roulette balls have a diameter, and wherein the roulette ball and the subsequent roulette balls move down the curved face at a rate sufficient to maintain at least the diameter as a distance on the curved face between the roulette ball and the subsequent roulette ball (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with maintaining at least the diameter as a distance on the curved face between the roulette ball and the subsequent roulette ball as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver one or more roulette balls to the roulette wheel assembly at different times (Fisher: Para. 0061).
Regarding claim 22, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach a roulette ball and a subsequent roulette ball among the two or more roulette balls move down the curved face at a rate sufficient to maintain a predetermined minimum distance between the roulette ball and the subsequent roulette ball.
Fisher teaches a roulette ball (90) and a subsequent roulette ball (90) among the two or more roulette balls move down the curved face at a rate sufficient to maintain a predetermined minimum distance between roulette ball and the subsequent roulette ball (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with maintain a predetermined minimum distance between roulette ball and the subsequent roulette ball as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver one or more roulette balls to the roulette wheel assembly at different times (Fisher: Para. 0061).
Regarding claim 23, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach a ball speed of two or more roulette balls travelling on the stationary rim is measured one or more times per revolution, and wherein an initial speed of roulette balls subsequent to the first roulette ball and a time difference between when the first roulette ball is launched and each of the subsequent roulette balls are launched is based on the measurements of the ball speed of the first roulette ball and the subsequent roulette balls and so that at least a predetermined minimum distance between the two or more roulette balls is maintained.
Fisher teaches two or more roulette balls (90) travelling on the stationary rim (Para. 0052, 0056).
It is noted that the claim recitation of “a ball speed of two or more roulette balls travelling on the stationary rim is measured one or more times per revolution, and wherein an initial speed of roulette balls subsequent to the first roulette ball and a time difference between when the first roulette ball is launched and each of the subsequent roulette balls are launched is based on the measurements of the ball speed of the first roulette ball and the subsequent roulette balls and so that at least a predetermined minimum distance between the two or more roulette balls is maintained” is directed to a functional limitation and does not structurally distinguish the claimed apparatus from the combination of the prior art Bontempo and Fisher. Apparatus claims cover what a device is, not what a device does. Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)). It is noted that there is no positive structure for the recited functional limitation of claim 23. The prior art shows two balls moving around the wheel with a distance being between the two balls. Since the wheel is moving at one speed and controls both balls a distance between the balls is maintained as claimed.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with two or more roulette balls travelling on the stationary rim as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly (Fisher: Para. 0061).
Regarding claim 24, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach a ball position of two or more roulette balls travelling on the stationary rim is measured one or more times per revolution, and wherein an initial speed of roulette balls subsequent to the first roulette ball and a time difference between when the first roulette ball is launched and each of the subsequent roulette balls are launched is based on the measurements of the ball position of the first roulette ball and the subsequent roulette balls and so that at least a predetermined minimum distance between the two or more roulette balls is maintained.
Fisher teaches two or more roulette balls (90) travelling on the stationary rim (Para. 0052, 0056).
It is noted that the claim recitation of “a ball position of two or more roulette balls travelling on the stationary rim is measured one or more times per revolution, and wherein an initial speed of roulette balls subsequent to the first roulette ball and a time difference between when the first roulette ball is launched and each of the subsequent roulette balls are launched is based on the measurements of the ball position of the first roulette ball and the subsequent roulette balls and so that at least a predetermined minimum distance between the two or more roulette balls is maintained” is directed to a functional limitation and does not structurally distinguish the claimed apparatus from the combination of the prior art Bontempo and Fisher. Apparatus claims cover what a device is, not what a device does. Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)). It is noted that there is no positive structure for the recited functional limitation of claim 24. The prior art shows two balls moving around the wheel with a distance being between the two balls. Since the wheel is moving at one speed and controls both balls a distance between the balls is maintained as claimed.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with two or more roulette balls travelling on the stationary rim as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver two or more roulette balls to the roulette wheel assembly (Fisher: Para. 0061).
Regarding claim 25, the modified Bontempo (Figures 1-35) teaches launching the roulette ball spinning around the stationary rim in a second direction (Para. 0119).
The modified Bontempo does not teach the roulette ball launching system includes multiple launchers, and wherein the second direction is in a same direction as the first direction, or an opposite direction of the first direction.
Fisher teaches the roulette ball launching system includes multiple launchers (Fig. 1-4, Part No. 22) (Para. 0061), and wherein the second direction is in a same direction as the first direction, or an opposite direction of the first direction (Para. 0052, 0056).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Bontempo with the roulette ball launching system includes multiple launchers as taught by Fisher as a means of providing a roulette wheel assembly with a ball-delivery system that functions to deliver one or more roulette balls to the roulette wheel assembly (Fisher: Para. 0061).
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/C.G./Examiner, Art Unit 3711
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711