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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/22/2026 has been entered.
Status of Claims
Claims 1, 11 and 17 have been amended.
Claims 1 – 20 are presently pending.
Claim Rejections - 35 USC § 103
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.
Claim(s 1, 2, 6, 8, 9, 11, 12 and 15 – 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Milligan (US 2014/0342809) in view of BRUNET DE COURSSOU (US 2008/0214310) in view of Kelly et al (US 2014/0094272) ) in view of Weigelt et al (US 11,321,603)..
As per claim 1, Milligan discloses:
determining that a tag has been placed on a mobile device; (Milligan discloses a touch sensitive surface wherein a voucher/token/item comprising capacitive ink is placed in contact with the touch sensitive surface of a handheld device) (Milligan 0022, 0023, 0038)
determining that the tag enables a mobile feature; and (Milligan discloses the determination of an output and activating the output at the gaming device such as adding/deducting credits, activating hidden game features, bonuses, multipliers etc. based upon the input code from the information carrier) (Milligan 0040)
transferring, as part of the mobile feature, game progress between the mobile device and another device. (Milligan discloses “The actions include, for example, adding and/or deducting credits from the user account, as described above. The subsequent actions may additionally or alternatively include adding promotional credits to an account and/or activating unactivated features, for example activating a hidden game, a bonus round, a multiplier for credits awarded for winning a game, or designating the user as a jackpot winner, as described above.” Milligan discloses gaming device transferring various game progress data such as action that have and/or are to be performed to a game server and database ) (Milligan 0039, 0040, 0045)
Milligan fails to disclose:
detecting a user gesture that overlaps the tag while the tag is placed on the mobile device;
…based at least in part on the user gesture;
wherein the game progress comprises at least one of volume settings, language settings, wager settings, and experience points to be anonymously restored for a user of the mobile device during a subsequent gaming session, enabling a user to resume the subsequent gaming session on the mobile device
However, in a similar field of endeavor, BRUNET DE COURSSOU teaches a game system that utilizes a player tracking card to transfer game settings. BRUNET DE COURSSOU specifically states, “the personal parameters may include game layout preferences, game configuration preferences, game themes preferences, a last game level achieved, a last point played in the game, a preferred starting point in the game, a player selected avatar, a player selected nickname (or pseudo-name), sound volume, and/or game accrued non-monetary benefits, to name but a few of the possibilities.” (BRUNET DE COURSSOU 0012). BRUNET DE COURSSOU discloses a player may remain anonymous identifiers during the setting transfers. (BRUNET DE COURSSOU 0012)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Milligan in view of BRUNET DE COURSSOU to utilize a known technique to improve similar devices in the same way by transferring game progress, such as levels achieved and player settings to a game device in an anonymous manner wherein the settings consist of at least volume, level achieved, non-monetary benefits etc. for restoration in a subsequent gaming session. This would be beneficial as the game can be personalized to the player without them going through a lengthy signup procedure with the player tracking system.
However, in a similar field of endeavor, Kelly discloses a gaming system that enables a player to resume a previous played game session on a mobile device to continue playing where the player has left off (Kelly Abstract, 0042)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Milligan in view of Kelly to utilize a known technique to improve similar devices in the same way by transferring game progress of a previous played game session to a mobile device to enable a player to continue a game session. This would be beneficial as it would give a player more flexibility in the event that they cannot finish a game session and not feel like they are stuck playing a game session so they don’t lose any progress they have made in the game session if they quit. Milligan further discloses that a user may desire to leave a game establishment and continue playing game by means of a handheld device by utilizing their store game account that is referenced by the input codes (Milligan 0042)
However, in a similar field of endeavor, Weigelt teaches a system a card structure comprising electrically conductive structures are placed on a touchscreen device to enable input features based upon a gesture that a user makes that overlaps the card while placed on the touchscreen device. The pattern of electrically structures created a time varying signal that represents data that is transferred to the mobile device to cause the activation of various system features. Weigelt teaches the processor of the device detecting the gesture. (Weigelt 16:65 – 17:5; 21:29 – 41; 23:1 – 5, 45 – 59; 28:25 – 39; 29:14 – 30:45 and associated table showing data capacities)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Milligan in view of Weigelt to use a known technique to modify similar devices in the same way by means of using a tag that comprises electrically conductive structures that generate a signal upon a touchscreen based upon a user gesture. This would be beneficial as generating “a time-dependent signal on a capacitive surface sensor and a method for identifying a card-like object, as well as a card-like object, which do not have the disadvantages and deficiencies of the prior art and in addition are particularly forgery-proof, allow the storage of large amounts of data in a small space and are designed to be particularly user-friendly.” (Weigelt 2:31 – 38)
As per claim 2, wherein determining that the tag has been placed on the mobile device comprises detecting, with a processor of the mobile device, placement of the tag into contact with a touch-capable user interface of the mobile device. (Milligan discloses the detection of the tag being placed on the touch-capable user interface) (Milligan 0038)
As per claim 6, establishing a secure and trusted connection between the tag and a server via the mobile device, wherein the secure and trusted connection is established using an identifier of the tag; and facilitating a fund transfer between the server and the tag via the secure and trusted connection. (Milligan discloses the establishment of a secure communication between the tag and server to enable the redemption of funds) (Milligan 0040) As per claim 8, wherein the game progress is transferred from the mobile device to a server of a gaming system. (Milligan discloses “The actions include, for example, adding and/or deducting credits from the user account, as described above. The subsequent actions may additionally or alternatively include adding promotional credits to an account and/or activating unactivated features, for example activating a hidden game, a bonus round, a multiplier for credits awarded for winning a game, or designating the user as a jackpot winner, as described above.” Milligan discloses gaming device transferring various game progress data to a game server and database ) (Milligan 00390, 0040, 0045)
As per claim 9, wherein the game progress is transferred to the mobile device from a server of the gaming system. (Milligan discloses “The actions include, for example, adding and/or deducting credits from the user account, as described above. The subsequent actions may additionally or alternatively include adding promotional credits to an account and/or activating unactivated features, for example activating a hidden game, a bonus round, a multiplier for credits awarded for winning a game, or designating the user as a jackpot winner, as described above.” Milligan discloses gaming device transferring various game progress data to a game server and database and the server transferring progress data to the mobile device) (Milligan 00390, 0040, 0045)
Dependent claim(s) 11 is/are obvious over Milligan, BRUNET DE COURSSOU, Weigelt and Kelly based on the same analysis set forth for claim(s) 1, which are similar in claim scope.
As per claim 12, further comprising: a communication interface coupled with the processor, wherein the instructions further comprise instructions that: extract data from the tag; transmit the extracted data to a code validation server via the communication interface; receive a response from the code validation server, wherein the response indicates that the extracted data comprises a valid identifier code; and facilitate the mobile feature based on the valid identifier code. (Milligan discloses the extraction of a code pertaining to credit redemption, a server validating the code and enabling a credit or fund redemption on the mobile device) (Milligan 0040)
Dependent claim(s) 15 and 16 is/are obvious over Milligan, BRUNET DE COURSSOU Weigelt and Kelly based on the same analysis set forth for claim(s) 8 and 9 respectively, which are similar in claim scope.
Independent claim(s) 17 is/are obvious over Milligan, BRUNET DE COURSSOU, Weigelt and Kelly based on the same analysis set forth for claim(s) 1, which are similar in claim scope.
As per claim 18, wherein the instructions further comprise instructions that: display, via the mobile device and in response to determining that the tag has been placed on the mobile device, a game play graphic. (Milligan discloses the activation of a game or hidden feature (I.e. game play graphic) that is displayed upon the game display) (Milligan 0040)
Claim(s) 3-5, 7, 10, 13, 14, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Milligan (US 2014/0342809) in view of BRUNET DE COURSSOU (US 2008/0214310) in view of Kelly et al (US 2014/0094272) in view of Weigelt et al (US 11,321,603) in view of Foerster et al (US 2012/0306813)
As per claim 3, Milligan fails to disclose:
Wherein the user gesture is detected with the processor of the mobile device and determining an orientation of the tag on the touch-capable user interface
In a similar field of endeavor, Foerster discloses a system wherein a touchscreen that is used to read an item that comprises capacitive materials, wherein the user us able to input gestures via the relative movements of the capacitive regions of the information carrier to the touchscreen sensor. (Foerster 0032, 0036, 0043, 0053, 0054, 0055). In response to the gestures made, the system will activate predetermined functionality (Foerster 0065, 0098). Forester discloses the detection and determination of an orientation of an information carrier with respect to the touchscreen sensor (Foerster 0054, 0074)
It would be obvious to one of ordinary skill in the art, at the time of filing, to modify Milligan in view of Foerster utilizing known techniques to improve similar devices in the same way, to provide a system that activates game functionality based upon orientation and movement gestures that are sensed by a touchscreen sensor when an item comprising capacitive ink is sensed. This would allow the system to increase the number of inputs that the system is able to accept and offer more options that are available to the user based upon the direction of the motion the user imparts upon the information carrier with respect to the touchscreen sensor.
As per claim 4, wherein data is encoded on the tag and wherein the data is extracted from an area of the tag that is in contact with the touch-capable user interface and that overlaps with the user gesture. (Combination of Milligan in view of Foerster as applied above) (Foerster discloses that the data to be extracted from the information carrier is based upon where the user’s gesture overlaps separate coupling regions) (Foerster 0026, 0027)
As per claim 5, wherein the data is encoded on the tag with an encoded physical medium that is readable by the touch-capable user interface and is extracted substantially simultaneous with receiving the user gesture, the method further comprising: comparing a direction of the user gesture that overlaps the area of the tag that is in contact with the touch-capable user interface with programmed user gestures that correspond to predetermined user commands; determining, based on the comparison, a user command from the predetermined user commands; and causing the mobile device to perform the mobile feature consistent with the determined user command. (Combination of Milligan in view of Foerster as applied above, Forester discloses the detection and determination of an orientation of an information carrier with respect to the touchscreen sensor) (Foerster 0054, 0074). (Foerster discloses that the data to be extracted from the information carrier is based upon where the user’s gesture overlapping separate coupling regions and the touchscreen thereby decoding information upon the carrier and inducing events upon the device, such as logging in or logging out) (Foerster 0026, 0027, 0036, 0050)
As per claim 7, storing personal information on the tag; and restricting access to the personal information based on receiving a valid authentication gesture from a user of the mobile device. (Combination of Milligan in view of Foerster, wherein Foerster discloses the provision of access to encoded information based upon a motion (i.e. gesture) of the information carrier with respect to the device) (Foerster 0055)
As per claim 10, determining, based on the data encoded on the tag with the encoded physical medium that is readable by the touch-capable user interface,…; identifying, based on the user gesture, a request for additional credits for the gaming session; receiving, via the communication interface, a funds transferred message from the server; and updating an amount of credit available for game play based on an amount of funds identified in the funds transferred message received from the server. (Combination of Milligan in view of Foerster as applied above, Milligan 0039-0040)
Milligan fails to specifically disclose:
…an address of a server used to manage a transaction during a gaming session at the gaming device
transmitting, via a communication interface, a funds request message to the address of the server;
However, Milligan discloses the system being in communication with server in response to presenting the information carrier to the touchscreen sensor. In order for the system to communicate with the server, an address of the server would need to be determined in order to know where to transmit communications such as a fund request to. This would be obvious to one of ordinary skill in the art at the time the invention was made.
As per claim 13, wherein the instructions further comprise: a tag interaction instruction set that is executed in response to detecting the placement of the tag into contact with the touch-capable user interface, wherein execution of the tag interaction instruction set causes the processor to determine an orientation of the tag relative to the touch-capable user interface and determine a direction of the user gesture in relation to the orientation of the tag. (Combination of Milligan in view of Foerster, wherein Foerster discloses the provision of access to encoded information based upon a motion (i.e. gesture) of the information carrier with respect direction and orientation to the device) (Foerster 0054, 0055)
As per claim 14, wherein data is encoded on the tag with an encoded physical medium that is readable by the touch-capable user interface and wherein the data is extracted from an area of the tag that is in contact with the touch-capable user interface and that overlaps with the user gesture. (Combination of Milligan in view of Foerster as applied above) (Foerster discloses that the data to be extracted from the information carrier is based upon where the user’s gesture overlaps separate coupling regions) (Foerster 0026, 0027)
Dependent claim(s) 19 is/are made obvious by the combination of Milligan, BRUNET DE COURSSOU, Kelly, Weigelt and Foerster based on the same analysis set forth for claim(s) 10, which are similar in claim scope.
Dependent claim(s) 20 is/are made obvious by the combination of Milligan, BRUNET DE COURSSOU, Kelly, Weigelt and Foerster based on the same analysis set forth for claim(s) 7, which are similar in claim scope.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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. Please see above rejection addressing the newly amended claim language in view of Weigelt.
Conclusion
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/RAW/ Examiner, Art Unit 3715
6/24/2026
/KANG HU/ Supervisory Patent Examiner, Art Unit 3715
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