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 .
The Applicant’s amendment and argument received on 11/19/2025 has been considered. It is noted that claims 1, 2, 8, 9, and 15 have been amended.
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 nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Washington et al (US 2020/0372760) in view of Saunders et al (US 2017/0256128).
Regarding claims 1, 8, 10, 13, and 15: Washington et al discloses a method for operating an electronic game, the method comprising: executing, by a gaming system, a skills-based electronic game, wherein the skills- based electronic game includes a game of chance element (see figures 1 and 4; abstract; paragraphs [0024]-[0027], showing an electronic game with a hybrid skill and wager game base); determining, by the gaming system, a geographic location at which the gaming system is currently located (see paragraph [0559], showing configuring functionality based on determined geographic location); identifying, by the gaming system, a host system of a plurality of host systems of a distributed random number generator infrastructure based on the determined geographic location (see paragraphs [0544], [1151], showing random number generator and location based criteria); conducting, by the gaming system, a session of the game of chance within the skills-based game (see figures 1 and 4; abstract; paragraphs [0024]-[0027], [0112], showing an electronic game with a hybrid skill and wager game base); receiving, by the gaming system, a random number from the identified host system of the plurality of host systems of the distributed random number generator infrastructure (see paragraphs [0034], [0258], showing generating random values using RNG); determining, by the gaming system, a result of the session of the game of chance based on the received random number (see paragraph [0258], showing random value generated by number generator outcome using RNG); and providing, by the gaming system, within the skills-based game, an indication of the determined result of the session of the game of chance (see figures 1 and 4; abstract; paragraphs [0024]-[0027], showing an electronic game with a hybrid skill and wager game base).
In an analogous invention, Saunders et al teaches identifying geographic location at which the gaming system is currently located, conducting as game session while in communication with the identified host system based on the determined geographic location at which the gaming system is currently location (see paragraph [0061], showing to ensure compliance with regulatory requirements, a gaming system 100 may identify the geographic location of a remote player device 110. As discussed above, a network 120 may be a closed-loop network 120 whose devices are thereby identified in geographic location by the location of that network).
It would have been obvious to a person of ordinary skill in the art before the invention was made to modify Washington et al’s game as taught by Saunder et al’s geographical location identification for the purpose of ensuring compliance with regulatory requirement. This yields the expected result of increasing the gaming provider’s security and improving legal compliance associated with game play and thereby increasing user’s satisfaction.
Regarding claims 2, 9, 11, and 12: Washington et al discloses wherein receiving the random number from the identified host system of the plurality of host systems of the distributed random number generator infrastructure and determining the result of the session of the game of chance based on the received random number are performed in real time while conducting the session of the game of chance within the skills-based game (see paragraphs [0261]-[0264]).
Regarding claim 3: Washington et al disclose further comprising: providing, by the gaming system, to a gaming host, a set of credentials for a player of the skills-based game and the determined geographic location; and receiving, by the gaming system, from the gaming host, an indication of age verification for the player of the skills-based game (see paragraphs [0544]-[0557]).
Regarding claims 4 and 16: Washington et al discloses wherein conducting the session of the game of chance within the skills-based game comprises conducting a wagering session of the game of chance in response to the received indication of age verification for the player of the skills-based game indicates the player is verified for wagering based on the determined geographic location (see paragraphs [0544]-[0557], showing one or more different types of criteria, including player identity, profile criteria, and location based criteria, for defining set of events condition).
Regarding claim 5: Washington et al discloses wherein the result of the wagering session of the game of chance comprises a voucher to a gaming venue selected from a plurality of gaming venues based on the determined geographic location (see paragraphs [0807]-[0812]).
Regarding claims 6, 14, and 17-20: Washington et al discloses wherein conducting the session of the game of chance within the skills-based game comprises conducting a non-wagering session of the game of chance in response to the received indication of age verification for the player of the skills-based game indicates the player is not verified for wagering based on the determined geographic location (see paragraphs [0544]-[0557], showing one or more different types of criteria, including player identity, profile criteria, and location based criteria, for defining set of events condition).
Regarding claim 7: Washington et al discloses wherein the result of the non-wagering session of the game of chance affects the skills-based game (see figures 1 and 4; abstract; paragraphs [0024]-[0027], showing an electronic game with a hybrid skill and wager game base).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on the combination of reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715