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 .
Applicant’s Submission of a Response
Applicant’s submission of a response on 5/21/2026 has been received and considered. In the response, Applicant amended claims 1, 3 – 6, 8 – 10, 12, 14 – 17, 19 and 20. Therefore, claims 1 – 20 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 – 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With regards to claims 1 – 20, Applicant has amended the claims to include “a plurality commitments associated with a future activation”. The original specification does not have limitations anywhere to be found. Additionally, Applicant has provided no paragraph to where they believe support can be found. The specification mentions “a commitment from the user at the streaming device” (see [0070]) and “game play activation device” (see [0133]), but does not mention or define what is “a plurality of commitments” and “a future activation”. Further, steps provided when the opening of the access door is detected is not in the original specification.
All dependent claims inherit the deficiencies of the claim(s) from which they depend and are similarly rejected for the same reason.
Response to Arguments
Applicant’s arguments with respect to claims 1 - 20 have been considered but are moot because the arguments do not apply to all of the references being used in the current rejection. Applicant's amendment to claims 1, 3 – 6, 8 – 10, 12, 14 – 17, 19 and 20 has been fully considered. The addition of "a plurality of commitments associated with a future activation," together with the steps performed "when an opening of the access door" occurs, is sufficient to integrate the recited abstract idea into a practical application under Step 2A, Prong Two, and the rejection of claims 1 – 20 under 35 U.S.C. 101 is therefore withdrawn.
Applicant is advised, however, that the limitations relied upon to confer patent eligibility namely, "a plurality of commitments associated with a future activation" and the steps performed "when an opening of the access door" occurs are the same subject matter now rejected under 35 U.S.C. 112(a), as the specification does not disclose this subject matter. The withdrawal of the 35 U.S.C. 101 rejection is predicated on the presence of these limitations in the claim. Accordingly, should Applicant overcome the 35 U.S.C. 112(a) rejection by amending to remove or alter these limitations, the basis for withdrawing the 35 U.S.C. 101 rejection would no longer be present, and the rejection under 35 U.S.C. 101 may be reinstated in a subsequent Office Action.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKIT B DOSHI whose telephone number is (571)270-7863. The examiner can normally be reached Mon - Fri. ~8:30 - ~5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at 571-272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANKIT B DOSHI/Examiner, Art Unit 3715
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