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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 15, 2026 has been entered.
The Examiner acknowledges that claims 1-8, 13, 15, 16, & 20 were amended, no claims were canceled, and no new claims were added. Therefore, claims 1-20 are currently pending, with claims 9-12 remaining withdrawn from consideration pursuant to the election filed on May 12, 2025.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8 & 13-20 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 & 12-20 of co-pending Application No. 17/949,461 & over claims 1-8 & 13-20 of co-pending Application No. 17/949,510 (reference applications). Although the claims at issue are not identical, they are not patentably distinct from each other because each of the claimed inventions of the present application and the reference applications are substantially overlapping directed to the modification of first balances of non-monetary funds associated with ticket vouchers being based on a first amount of monetary funds, requesting games via game seeds from servers, and modification of second balances of monetary based on any value component associated with the requested games. While certain claim language differs, the crux of the claimed invention in each of the above-identified reference application is substantially overlapping to the crux of the claimed invention of the present application, warranting a standing of nonstatutory double patenting.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant’s arguments, see remarks, filed January 15, 2026, with respect to the previously presented 35 U.S.C. 101, 102, & 103 rejections have been fully considered and are persuasive in light of Applicant’s amendments to claims 1-8, 13, 15, 16, & 20. The rejections have been withdrawn.
Applicant indicated that the previously presented provisional nonstatutory double patenting rejection be held in abeyance until the claims are otherwise allowable. Accordingly, the rejection is maintained. Notably, while the claims of the co-pending application have also been amended, the Examiner positions that the nonstatutory double patenting remains applicable to those sets of amended claims. This is the last remaining rejection in the application. If Applicant files a terminal disclaimer to obviate the rejection, Applicant is also respectfully requested to cancel withdrawn claims 10 & 11 to place the application in better condition for allowance.
Conclusion
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/MILAP SHAH/Primary Examiner, Art Unit 3715