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 .
Response to Amendment
The amendment filed 06/04/2026 has been entered. Claims 44 and 46-63 are pending in the application.
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 44, 46, 49, and 55 are rejected under 35 U.S.C. 103 as being unpatentable over Walker (20110130185) in view of Kadlic (4377285).
Regarding claim 44, Walker teaches a playing card cartridge comprising: a container (400) (Para. 0023, 0101), the container defining a volume, said container comprising a set of playing cards in said volume, said volume of said container is sealed by one or more seals (Para. 0023, 0033, 0043, 0101), wherein said container comprises a top wall, a front wall and side walls, the top wall being slidingly connected to the side walls and being adapted to slide towards the front wall (Para. 0101), the top wall is prevented from sliding by at least a first seal (Para. 0023), the top wall is prevented from sliding towards the front wall by at least a first seal that must be broken to allow the top wall to slide (Para. 0023, 0101), wherein each of the one or more seals is configured to be broken to open the container and arranged to reveal tampering after being broken (Para. 0023, 0033, 0043).
It is noted that Walker teaches “the receptacle 400 may have one or more removable sides (e.g., one or more sides of the rectangular receptacle may slide open or be hinged to another side)” (Walker: Para. 0101). Walker also teaches the device may be “sealed using physical and/or electronic methods to prevent access and/or tampering” (Walker: Para. 0023). Walker therefore teaches the claim recitation “the top wall is prevented from sliding towards the front wall by at least a first seal that must be broken to allow the top wall to slide”.
It is noted that the claim recitation of “adapted in use to couple to a card dispensing shoe” is directed to the intended use of the claimed apparatus. The prior art is fully capable of performing the recited intended use limitation> claims are interpreted using a broadest reasonable interpretation (BRI). Under BRI, the claim recitation of “coupling” is being interpreted to mean “the act of bringing or coming together”. Apparatus claims cover what a device is, not what a device does (See: 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 (See: Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
Walker does not teach a lower rim of the top wall is oriented towards the front wall, an upper rim of the front wall is oriented towards the top wall, and the lower rim of the top wall extends over the upper rim of the front wall; the top wall is prevented from sliding towards the front wall by at least a first seal that must be broken to allow the top wall to slide.
Kadlic (Figures 1-4) teaches a lower rim (See fig. 1) of the top wall (Fig. 1, Part No. 18) is oriented towards the front wall (35), an upper rim of the front wall is oriented towards the top wall (See fig. 1), the lower rim of the top wall extends over the upper rim of the front wall (See fig. 1) (Col. 2, Lines 58-68; Col. 3, Lines 1-9).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Walker with the lower rim of the top wall extends over the upper rim of the front wall as taught by Kadlic as a means of providing a card housing with a cover that prevents cards from being dealt when the cover is positioned over a front wall of the housing (Kadlic: Col. 2, Lines 66-68; Col. 3, Lines 1-6).
Regarding claim 46, the modified Walker teaches a playing card cartridge comprising: a container (400) (Para. 0023, 0101) adapted in use to couple to a card dispensing shoe.
The modified Walker does not teach an upper rim of the top wall is oriented away from the front wall, a pushing means to push the playing cards towards a front end of the container is provided in the volume of the container, the cartridge comprises a stopping means to prevent the upper rim of the top wall to slide beyond the pushing means.
Kadlic (Figures 1-4) teaches an upper rim (See fig. 4) of the top wall is oriented away from the front wall (35), a pushing means (36) (Col. 3, Lines 6-20) to push the playing cards (26) towards a front end of the container is provided in the volume of the container, the cartridge comprises a stopping means (24) (Col. 2, Lines 63-66) to prevent the upper rim of the top wall to slide beyond the pushing means (36) (Col. 2, Lines 58-68; Col. 3, Lines 1-9).
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 Walker with a pushing means to push the playing cards towards a front end of the container is provided in the volume of the container as taught by Kadlic as a means of providing a card housing with means to maintain playing cards tightly stacked within a container (Kadlic: Col. 3, Lines 6-20).
Regarding claim 49, Walker teaches said (400) (Para. 0023, 0101) said container comprises a top wall and a front wall.
Walker does not teach the front wall having a card exit means allowing cards to be taken out of the volume of the container when said cartridge being unsealed, at least a part of an inner surface of the top wall next to the lower rim is profiled, preventing a card different than the card being closest to the card exit means to be taken out of the cartridge via the card exit means.
Kadlic (Figures 1-4) teaches the front wall (35) having a card exit means (32) allowing cards to be taken out of the volume of the container when said cartridge being unsealed, at least a part of an inner surface of the top wall next to the lower rim is profiled (See fig. 1-4), preventing a card different than the card being closest to the card exit means to be taken out of the cartridge via the card exit means (See fig. 1-4) (Col. 2, Lines 58-68; Col. 3, Lines 1-9).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Walker with the front wall having a card exit means as taught by Kadlic as a means of providing a card housing with a finger grasp opening so cards are dealt one at time (Kadlic: Col. 3, Lines 26-32).
Regarding claim 55, the modified Walker teaches a playing card cartridge (Para. 0023, 0074).
The modified Walker does not teach said container is provided from polymeric material.
Kadlic teaches said container is provided from polymeric material (Col. 3, Lines 21-25).
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 Walker with said container is provided from polymeric material as taught by Kadlic as a means of constructing a playing card housing from rigid plastic (Kadlic: Col. 3, Lines 21-25).
Claims 48 is rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of Kadlic, further in view of Madding (20140091523).
Regarding claim 48, the modified Walker teaches a playing card cartridge comprising: a container (400) (Para. 0023, 0101) adapted in use to couple to a card dispensing shoe.
The modified Walker does not teach the stopping means comprises a protrusion at an inner side of the top wall, said protrusion protruding inwards the cartridge such that the protrusion extends beyond an upper side of the pushing means.
Madding teaches the stopping means comprises a protrusion (Fig. 3 and 6, Part No. 30) (Para. 0034-0035) at an inner side of the top wall (24), said protrusion protruding inwards the cartridge such that the protrusion extends beyond an upper side of the pushing means (Fig. 9-10, Part No. 18) (Para. Para. 0033).
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 Walker with the stopping means comprises a protrusion at an inner side of the top wall as taught by Madding as a means of providing a cover of a card housing with a magnetic material to secure the housing to a component within the housing (Madding: Para. 0034-0035).
Claim 50 is rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of Kadlic, further in view of Krenn (20060066048).
Regarding claim 50, the modified Walker teaches a playing card cartridge comprising: a container (400) (Para. 0023, 0101) adapted in use to couple to a card dispensing shoe.
The modified Walker does not teach a pushing means to push the playing cards towards a front end of the container is provided in the volume of the container, the pushing means is forced towards the front wall by means of a torque spring comprising a coil, the coil is housed in the pushing means.
Kadlic (Figures 1-4) teaches a pushing means (36) (Col. 3, Lines 6-20) to push the playing cards (26) towards a front end of the container is provided in the volume of the container (Col. 2, Lines 58-68; Col. 3, Lines 1-9).
Krenn (Figures 1-10) teaches the pushing means (Fig. 4, Part No. 47) (Para. 0059) is forced towards the front wall by means of a torque spring (48) (Para. 0059) comprising a coil, the coil is housed in the pushing means (47).
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 Walker with a pushing means as taught by Kadlic as a means of providing a card housing with means to maintain playing cards tightly stacked within a container (Kadlic: Col. 3, Lines 6-20), and to provide the modified Walker with the pushing means is forced towards the front wall by means of a torque spring as taught by Krenn as a means of providing a card cartridge with a means for urging cards within the card cartridge towards a desired direction using a spring loaded pushing means (Krenn: Para. 0059).
Claim 51 is rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of Kadlic, further in view of Fleckenstein (20070216092).
Regarding claim 51, the modified Walker teaches the container comprising a bottom wall.
The modified Walker does not teach a pushing means is provided in the volume of the container, the pushing means comprising at least one protrusion at its side contacting the bottom wall, the bottom wall comprising at least one recess along a length of the bottom wall from a front end of the container to a back end of the container, said protrusion of the pushing means at its side contacting the bottom wall sliding in said recess along the length of the bottom wall.
Fleckenstein (Figures 1-17) teaches the pushing means (Fig. 1-2, Part No. 4) (Para. 0038) comprising at least one protrusion (Fig 1-2, Part No. 19) (Para. 0037) at its side contacting the bottom wall (See fig. 1-6), the bottom wall comprising at least one recess (14) (Para. 0037) along a length of the bottom wall from a front end of the container to a back end of the container, said protrusion (19) of the pushing means at its side contacting the bottom wall sliding in said recess along the length of the bottom wall (Para. 0037).
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 Walker with the pushing means comprising at least one protrusion at its side contacting the bottom wall as taught by Fleckenstein as a means of providing a card housing with a protrusion that aids in guiding a card pushing device within the card housing (Fleckenstein: Para. 0037-0038).
Claims 52-53 are rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of Kadlic, further in view of Shigeta (20200070039).
Regarding claim 52, the modified Walker teaches a playing card cartridge comprising: a container (400) (Para. 0023, 0101) adapted in use to couple to a card dispensing shoe.
The modified Walker does not teach each of the cards have a card identity code, the cartridge comprises a data storage means for storing information on the card identity codes of the cards of the set of playing cards held by the cartridge.
Shigeta (Figures 1-8) teaches the cards have a card identity code (Para. 0026), the cartridge comprises a data storage means for storing information on the card identity codes of the cards of the set of playing cards held by the cartridge (Para. 0026, 0029).
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 Walker with the cartridge comprises a data storage means for storing information on the card identity codes of the cards as taught by Shigeta as a means of providing a card cartridge with means to read a card code that indicates the figure (number, rank) of the card when the card is manually drawn from a card housing (Shigeta: Para. 0029).
Regarding claim 53, the modified Walker teaches a playing card cartridge comprising: a container (400) (Para. 0023, 0101) adapted in use to couple to a card dispensing shoe.
The modified Walker does not teach each said data storage means stores information on a sequence of the cards in the set of playing cards held by the cartridge.
Shigeta (Figures 1-8) teaches said data storage means stores information on a sequence of the cards in the set of playing cards held by the cartridge (Para. 0026, 0029, 0034).
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 Walker with said data storage means stores information on a sequence of the cards in the set of playing cards held by the cartridge as taught by Shigeta as a means of storing shuffled card IDs in a memory (Shigeta: Para. 0034).
Claims 56 and 58 are rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of Kadlic, further in view of Haushalter (20150328533).
Regarding claim 56, the modified Walker teaches a method to provide a card dealing device, comprising providing the playing card cartridge according to claim 44 (Para. 0023, 0033, 0043, 0101); and unsealing the cartridge by removing at least one of the one or more seals (Para. 0023, 0033, 0043, 0101).
The modified Walker does not teach providing a card dealing device comprising a card dealing shoe, said card dealing device is adapted to receive a playing card cartridge; coupling the playing card cartridge to the shoe.
Haushalter (Figures 1-7) teaches providing a card dealing device comprising a card dealing shoe (200) (Para. 0033), said card dealing device is adapted to receive a playing card cartridge (206) (Para. 0033); coupling the playing card cartridge to the shoe (Para. 0033).
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 Walker with coupling the playing card cartridge to the shoe as taught by Haushalter as a means of removably attaching a card housing to a card dealing shoe (Haushalter: Para. 0033).
Regarding claim 58, the modified Walker teaches collecting dealt cards during a game played (Para. 0101).
The modified Walker does not teach at an end of the game played, slide the top wall towards the front wall, thereby opening a part of the container beyond a pushing means; placing the dealt cards in an open part of the container after the pushing means; wherein an upper rim of the top wall is oriented away from the front wall, a pushing means to push the playing cards towards a front end of the container is provided in the volume of the container, the cartridge comprises a stopping means to prevent the upper rim of the top wall to slide beyond the pushing means.
Kadlic (Figures 1-4) teaches at an end of the game played, slide the top wall (Fig. 1, Part No. 18) towards the front wall (Col. 3, Lines 42-54) (See fig. 1-4), thereby opening a part of the container beyond a pushing means (36); placing the dealt cards in an open part of the container after the pushing means (36) (Col. 3, Lines 18-20); wherein an upper rim of the top wall is oriented away from the front wall (See fig. 1-4); a pushing means (36) to push the playing cards towards a front end of the container is provided in the volume of the container (See fig. 1-4); the cartridge comprises a stopping means (24) to prevent the upper rim of the top wall to slide beyond the pushing means (36).
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 Walker with a pushing means to push the playing cards towards a front end of the container is provided in the volume of the container as taught by Kadlic as a means of providing a card housing with means to maintain playing cards tightly stacked within a container (Kadlic: Col. 3, Lines 6-20).
Claim 57 is rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of Kadlic and Haushalter, further in view of Shigeta (20200070039).
Regarding claim 57, the modified Walker teaches the playing card cartridge is a playing card cartridge (Para. 0023, 0033, 0043, 0101).
The modified Walker does not teach obtaining data stored in a data storage means; reading a card identity code from a playing card dealt; comparing the read card identity code with the obtained data being stored in the data storage means; wherein each card has a card identity code, the cartridge comprises a data storage means for storing information on the card identity codes of the cards of the set of playing cards held by the cartridge.
Shigeta (Figures 1-8) teaches obtaining data stored in a data storage means (Para. 0034); reading a card identity code from a playing card dealt (Para. 0026, 0029); comparing the read card identity code with the obtained data being stored in the data storage means (Para. 0033); wherein each card has a card identity code (Para. 0026, 0029), the cartridge comprises a data storage means for storing information on the card identity codes of the cards of the set of playing cards held by the cartridge (Para. 0034).
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 Walker with obtaining data stored in a data storage means as taught by Shigeta as a means of providing a card cartridge with means to read a card code that indicates the figure (number, rank) of the card when the card is manually drawn from cartridge (Shigeta: Para. 0029).
Claims 59 and 63 are rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of Kadlic, further in view of Madding.
Regarding claim 59, the modified Walker teaches a playing card cartridge comprising: a container (400) (Para. 0023, 0101) adapted in use to couple to a card dispensing shoe.
The modified Walker does not teach the first seal is positioned against the top wall and extends through a slit of the front wall.
Madding (Figures 1-20) teaches the first seal (Fig. 15, Part No. 102) (Para. 0044) is positioned against the top wall (72) and extends through a slit of the front wall (See fig. 15 where the seal (102) is positioned between two raised portions of front plate 90).
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 walker with the first seal is positioned against the top wall as taught by Madding as a means of using a locking mechanism to seal a card cartridge (Madding: Para. 0044).
Regarding claim 63, Walker teaches a playing card cartridge comprising: a container (400) (Para. 0023, 0101) adapted in use to couple to a card dispensing shoe.
Walker does not teach the one or more seals include a seal provided with a body and a head, wherein the head is wider than the body.
The prior art of Walker and Madding teaches using seals to secure a card container (See Madding: Para. 0044; Fig. 15, Part No. 102) (See Walker: Para. 0023, 0033, 0043, 0101).
It is noted that the claim recitation of “the one or more seals include a seal provided with a body and a head, wherein the head is wider than the body” is directed to the shape of the claimed seal. (See: In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)). Changing the shape of the seal of the prior art would have been obvious to one of ordinary skill in the art as a matter of mere design choice (See: In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), where the court held that the shape/configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant).
Claim 60 is rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of Kadlic and Madding, further in view of Haushalter (20150328533).
Regarding claim 60, the modified Walker teaches a method to provide a card dealing device, the method comprising: providing the playing card cartridge according to claim 59 (Para. 0023, 0033, 0043, 0101); and unsealing the cartridge by removing at least one of the one or more seals (Para. 0023, 0033, 0043, 0101).
The modified Walker does not teach providing a card dealing device comprising a card dealing shoe, said card dealing device is adapted to receive a playing card cartridge; and coupling the playing card cartridge to the shoe.
Haushalter (Figures 1-7) teaches providing a card dealing device comprising a card dealing shoe (200) (Para. 0033), said card dealing device is adapted to receive a playing card cartridge (206) (Para. 0033); and coupling the playing card cartridge to the shoe (Para. 0033).
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 Walker with coupling the playing card cartridge to the shoe as taught by Haushalter as a means of removably attaching a card housing to a card dealing shoe (Haushalter: Para. 0033).
Allowable Subject Matter
Claims 47 and 54 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art of record (Flynn (20130228971), Walker (20110130185), 20090134575), Emori (20110079956), Kadlic (4377285)) does not teach the recitation in claim 47 of “the stopping means comprises a protrusion on the pushing means at a pushing means side oriented towards the top wall, the stopping means further comprises a recess present in the top wall, the recess in the top wall being provided along a length of the top wall and ending before the upper rim of the top wall, said protrusion on the pushing means sliding in said recess present in the top wall,” and the recitation in claim 54 of “said one or more seals has a T-shaped cross section in axial direction, along a body of the T-shaped cross section of the seal, at least one barb is provided having an opening oriented towards a head of the T-shaped cross section”.
Allowable Subject Matter
Claim 61-62 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record (Flynn (20130228971), Walker (20110130185), 20090134575), Emori (20110079956), Kadlic (4377285)) does not teach the recitation in claim 61 of “the stopping means comprises a protrusion on the pushing means at a pushing means side oriented towards the top wall, the stopping means further comprises a recess present in the top wall, the recess in the top wall being provided along a length of the top wall and ending before the upper rim of the top wall, said protrusion on the pushing means sliding in said recess present in the top wall”, and the recitation in claim 62 of “said protrusion protruding inwards of the cartridge such that the protrusion physically abuts the pushing means to provide a mechanical limit for the sliding of the top wall such that the protrusion extends beyond an upper side of the pushing means”.
Response to Arguments
Applicant's arguments filed 06/04/2026 (directed to claims 44, 46, 48-53, 55-60, and 63) have been fully considered but they are not persuasive.
Applicant argues that the amendment to claim 44 puts the claim in condition for allowance, this is not found persuasive because it is noted that (in regard to claim 44) Walker teaches “the receptacle 400 may have one or more removable sides (e.g., one or more sides of the rectangular receptacle may slide open or be hinged to another side)” (Walker: Para. 0101). Walker also teaches the device may be “sealed using physical and/or electronic methods to prevent access and/or tampering” (Walker: Para. 0023). Walker therefore teaches the claim recitation “the top wall is prevented from sliding towards the front wall by at least a first seal that must be broken to allow the top wall to slide”.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.G./Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711
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