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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 the appropriate Paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5, 6, 9, 11, 13, and 16 to 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Popadiuk (U.S. Pre-Grant Publication 2013/0147111 A1).
As to Claim 1: Popadiuk discloses, as shown for example in Figs. 1-3 and 5, a pinball machine (e.g., pinball machine 1) comprising: a cabinet (e.g., game cabinet 2) having a playfield (e.g., playfield surface 10) with a surface (e.g., uppermost surface of 10) on which a pinball (e.g., pinball 16) rolls during normal gameplay; a plurality of peripheral systems (e.g., The instant specification discloses that peripheral systems may include the interactive touch control, power supply system, audio system, communication system, visual display system, cabinet functionality, playfield functionality, video displays, lights, and audio hardware, in Paras. [0003], [0069], and [0071]; In light of the instant specification, Popadiuk discloses game elements 17 and ramp 18, see Paras. [0028] and [0037], sensors 6, see Paras. [0035] and [0036], all of which one skilled in the art would understand to be playfield functionality, sensors 6, see Paras. [0035] and [0036], audio speakers 24, player control buttons 19, which one skilled in the art would understand to be cabinet functionality; additionally see the systems shown in Figs. 1-3 and 5); a computing system (e.g., CPU 15 and memory 26, see Para. [0042]) in communication with the plurality of peripheral systems configured to receive inputs and transmit outputs (e.g., see Fig. 5 which schematically illustrates the CPU 15 receiving inputs and transmitting outputs; see Paras. [0042], [0043], [0044], and [0048]); an interactive touch control (e.g., display 4 and touch sensor 6, see Para. [0035] "sensor 6 can be a touch-sensitive or pressure-sensitive film or surface provided on at least a portion of the display 4 or panel 9. Such touch-sensitive surfaces can be activated by pressure or inductance, such as those that are used on the screens of some computing tablets, smartphones, and other entertainment devices. In certain embodiments, the display 4 and sensor 6 can be part of the same structure, e.g., as a conventional touchscreen. These sensors 6 can also provide a signal when a pinball 16 or other moving game feature contacts or is proximal to the sensor 6."; note that the claim does not define the type/kind of interaction with the control or define any specific structure, placement, or arrangement of the claimed interactive touch control, while the claims are read in light of the specification, it would be improper to read the specification into the claims, particularly with respect to exemplary function, structure, or intended use of the interactive touch control); and wherein the computing system is configured to receive inputs from and transmit outputs to the plurality of peripheral systems and to the interactive touch control (e.g., see Fig. 5 which schematically illustrates the CPU 15 receiving inputs from and transmitting outputs to the plurality of peripheral systems and to the interactive touch control; see Paras. [0042], [0043], [0044], and [0048]).
As to Claim 6: Popadiuk discloses, as shown for example in Figs. 1-3 and 5, a pinball machine (e.g., pinball machine 1) comprising: a cabinet (e.g., game cabinet 2) having a playfield (e.g., playfield surface 10) with a surface (e.g., uppermost surface of 10) on which a pinball (e.g., pinball 16) rolls during normal gameplay; an interactive touch control (e.g., display 4 and touch sensor 6) having a screen (e.g., display 4) wherein the interactive touch control may electronically receive inputs to display on the screen and transmit outputs based on interaction with the screen (e.g., see Para. [0035] "sensor 6 can be a touch-sensitive or pressure-sensitive film or surface provided on at least a portion of the display 4 or panel 9. Such touch-sensitive surfaces can be activated by pressure or inductance, such as those that are used on the screens of some computing tablets, smartphones, and other entertainment devices. In certain embodiments, the display 4 and sensor 6 can be part of the same structure, e.g., as a conventional touchscreen. These sensors 6 can also provide a signal when a pinball 16 or other moving game feature contacts or is proximal to the sensor 6.", additionally see Paras. [0036], [0043], [0044]; also note that the claim recites "may" which is not a positive requirement that such functions must occur; Further note that the claim does not define the type/kind of interaction with the control or define any specific structure, placement, or arrangement of the claimed interactive touch control, beyond having a screen, while the claims are read in light of the specification, it would be improper to read the specification into the claims, particularly with respect to exemplary function, structure, or intended use of the interactive touch control); a plurality of peripheral systems (e.g., The instant specification discloses that peripheral systems may include the interactive touch control, power supply system, audio system, communication system, visual display system, cabinet functionality, playfield functionality, video displays, lights, and audio hardware, in Paras. [0003], [0069], and [0071]; In light of the instant specification, Popadiuk discloses game elements 17 and ramp 18, see Paras. [0028] and [0037], sensors 6, see Paras. [0035] and [0036], all of which one skilled in the art would understand to be playfield functionality, sensors 6, see Paras. [0035] and [0036], audio speakers 24, player control buttons 19, which one skilled in the art would understand to be cabinet functionality; additionally see the systems shown in Figs. 1-3 and 5) wherein each of the plurality of peripheral systems may electronically receive inputs, transmit outputs, or both (e.g., see Fig. 5, previously cited Paragraphs, and Para. [0042]); and a computing system (e.g., CPU 15 and memory 26, see Para. [0042]) configured to receive inputs and transmit outputs (e.g., see Fig. 5 which schematically illustrates the CPU 15 receiving inputs and transmitting outputs; see Paras. [0042], [0043], [0044], and [0048]) wherein the computing system is in communication with the plurality of peripheral systems and the interactive touch control (e.g., see Fig. 5 which schematically illustrates the CPU 15 being in communication with the plurality of peripheral systems and to the interactive touch control; see Paras. [0042], [0043], [0044], and [0048]).
As to Claim 13: Popadiuk discloses, as shown for example in Figs. 1-3 and 5, a pinball machine (e.g., pinball machine 1) comprising: a cabinet (e.g., game cabinet 2) having a playfield (e.g., playfield surface 10) with a surface (e.g., uppermost surface of 10) wherein at least one component (e.g., game elements 17, ramp 18, flippers 25) is on the surface; an interactive touch control (e.g., display 4 and touch sensor 6) having a screen (e.g., display 4) wherein the interactive touch control may electronically receive inputs to display on the screen and transmit outputs based on interaction with the screen (e.g., see Para. [0035] "sensor 6 can be a touch-sensitive or pressure-sensitive film or surface provided on at least a portion of the display 4 or panel 9. Such touch-sensitive surfaces can be activated by pressure or inductance, such as those that are used on the screens of some computing tablets, smartphones, and other entertainment devices. In certain embodiments, the display 4 and sensor 6 can be part of the same structure, e.g., as a conventional touchscreen. These sensors 6 can also provide a signal when a pinball 16 or other moving game feature contacts or is proximal to the sensor 6.", additionally see Paras. [0036], [0043], [0044]; also note that the claim recites "may" which is not a positive requirement that such functions must occur; Further note that the claim does not define the type/kind of interaction with the control or define any specific structure, placement, or arrangement of the claimed interactive touch control, beyond having a screen, while the claims are read in light of the specification, it would be improper to read the specification into the claims, particularly with respect to exemplary function, structure, or intended use of the interactive touch control); a plurality of peripheral systems (e.g., The instant specification discloses that peripheral systems may include the interactive touch control, power supply system, audio system, communication system, visual display system, cabinet functionality, playfield functionality, video displays, lights, and audio hardware, in Paras. [0003], [0069], and [0071]; In light of the instant specification, Popadiuk discloses game elements 17 and ramp 18, see Paras. [0028] and [0037], sensors 6, see Paras. [0035] and [0036], all of which one skilled in the art would understand to be playfield functionality, sensors 6, see Paras. [0035] and [0036], audio speakers 24, player control buttons 19, which one skilled in the art would understand to be cabinet functionality; additionally see the systems shown in Figs. 1-3 and 5) wherein the each of the plurality of peripheral systems may electronically receive inputs, transmit outputs, or both (e.g., see Fig. 5, previously cited Paragraphs, and Para. [0042]) and wherein at least one of the peripheral systems is configured to activate the at least one component (e.g., see at least Para. [0042] "control buttons 19 (e.g., conventional pinball flipper buttons), which can send signals to the CPU 15 when pressed. The CPU can, in response, activate flippers 25 and/or other controllable game elements 17"); and a computing system (e.g., CPU 15 and memory 26, see Para. [0042]) wherein the computing system is in communication with the plurality of peripheral systems and the interactive touch control (e.g., see Fig. 5 which schematically illustrates the CPU 15 being in communication with the plurality of peripheral systems and to the interactive touch control; see Paras. [0042], [0043], [0044], and [0048]).
As to Claims 5, 9, and 16: Popadiuk further discloses, as shown for example in Figs. 1-3 and 5, the pinball machine of claims 1 and 6, wherein the interactive touch control is in communication directly with at least one of the plurality of peripheral systems (e.g., in communication directly with one or more of the sensors 6, see Para. [0035], [0036] "A sensor 6 can optionally be mounted directly onto...the front of the display 4", [0047] "A sensor 6 (not shown) provided at the top of ramp 18 (e.g., mounted to the ramp 16 or on the panel 9) can be activated when the pinball 16 travels up the ramp 18. This can cause a graphical element 20 to appear on the display 4 such as, e.g., the star-shaped element 20 shown in Fig. 7. In this manner, the motion of the pinball 16 towards the display 4 can appear to have a direct visual effect on the display 4, e.g., it can appear to hit or otherwise affect certain graphical elements 20 that may appear on the display 4.", and Para. [0048] "displays 4 may have various sizes, and can be associated with an embedded CPU 15 instead of or in addition to one or more primary CPUs 15 used in the pinball machine 1").
As to Claims 11 and 17: Popadiuk further discloses, as shown for example in Figs. 1-3 and 5, the pinball machine of claims 6 and 13 wherein the computing system further comprises a first set of instructions to receive inputs from the interactive touch control based on interaction with the screen (e.g., see Fig. 5; Para. [0042] discloses that the CPU can access instructions from memory arrangement 26); a second set of instructions to transmit instructions to at least one of the plurality of peripheral systems (e.g., see Fig. 5; Para. [0042] "control buttons 19 (e.g., conventional pinball flipper buttons), which can send signals to the CPU 15 when pressed. The CPU can, in response, activate flippers 25 and/or other controllable game elements 17. The CPU can also control generation of sounds by audio speakers 24. In certain embodiments, the CPU 15 can be configured to generate one or more sounds through the audio speakers 24 based on a signal received from the sensor 6."); a third set of instructions to receive inputs from the at least one of the plurality of peripheral systems (e.g., see Fig. 5; Para. [0042] "the CPU 15 can be configured to generate one or more sounds through the audio speakers 24 based on a signal received from the sensor 6. Certain ones of the various game elements 17 can be configured to generate signals that are received by the CPU 15, e.g., when they are activated by particular events such as motion or impact of a pinball 16, activation of other game elements 17, or the like"); and a fourth set of instructions to transmit instructions to display information on the screen of the interactive touch control based on the inputs from the at least one of the plurality of peripheral systems (e.g., see Fig. 5; Para. [0042] "The CPU 15 can also access data and instructions from memory arrangement 26 and send signals to the display 4 to generate visible images thereon").
As to Claim 18: Popadiuk further discloses, as shown for example in Figs. 1-3 and 5, the pinball machine of claim 17 wherein the second set of instructions results in activating the at least one component (e.g., see Fig. 5; Para. [0042] "control buttons 19 (e.g., conventional pinball flipper buttons), which can send signals to the CPU 15 when pressed. The CPU can, in response, activate flippers 25 and/or other controllable game elements 17").
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.
The factual inquiries 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 non-obviousness.
Claim(s) 2 to 4, 7, 8, 10, 12, 14, 15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Popadiuk in view of Kiely, et al. (U.S. Patent 7,201,660 B2).
As to Claim 2: Popadiuk discloses all of the limitations of this claim but lacks specificity as to an interactive touch control that is a tablet, detachable from the cabinet, and is wirelessly in communication with the computing system. Kiely teaches that the interactive touch control is not physically connected to the cabinet (handheld maintenance modules 41, the interactive touch controls, 4:7-30; units 41 have touchscreens, 7:19-43). Kiely’s tablets are configured for diagnosing and repairing gaming devices such as those of Popadiuk (1:52-2:26). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied Kiely’s wireless interactive touch control to the pinball machine of Popadiuk. Popadiuk teaches that the playfield of the pinball machine can have a touch-sensitive screen 6 on the panel 9 and display 4 (Paras. 35 & 36); the CPU 15 is in communication with all of the peripheral components including the touchscreen 6 (Paras. 42 & 43). These are analogous structures compared to the remote wired or wireless diagnostic tablets 41 of Kiely which include CPUs and touchscreens as described above. The advantage of this modification would be to allow for the effective programming and maintenance of the gaming machines.
As to Claims 3 and 10: Kiely teaches that the interactive touch control is detachable from the cabinet (the wireless interactive touch tablet may have a wired connection, 4:20-30).
As to Claims 4, 8, 12, and 15: Kiely teaches that the interactive touch control is a tablet (Fig. 2, 6:47-7:10, housing 41 in the shape of a tablet; see also 4:7-30).
As to Claims 7, 14, and 19: Kiely teaches that the interactive touch control is not attached to the cabinet and is in wireless communication with the computing system (wireless communication via RF or infrared, 6:47-61, Fig. 2).
Response to Arguments
Applicant is advised that the Notice of Allowance mailed 11-08-2024 is vacated. If the issue fee has already been paid, applicant may request a refund or request that the fee be credited to a deposit account. However, applicant may wait until the application is either found allowable or held abandoned. If allowed, upon receipt of a new Notice of Allowance, applicant may request that the previously submitted issue fee be applied. If abandoned, applicant may request refund or credit to a specified Deposit Account (MPEP 1308.01).
An updated search has found prior art that applies the claims. The examiner apologizes for any inconvenience to the applicants. The issue fee has already been paid (02-10-2025). The examiner would like to have an interview with the applicants to discuss how to amend the claims so that the next action will be an allowance if possible. The examiner respectfully disagrees with the applicants as to the claims’ present condition for allowance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D HOEL whose telephone number is (571)272-5961. The examiner can normally be reached M-F 8:00 A.M.-4:30 P.M..
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/M.D.H/Examiner, Art Unit 3715
/DAVID L LEWIS/Supervisory Patent Examiner, Art Unit 3715
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