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 .
Claim Status
Claims 1-20 are pending.
Claim Objections
Claim 1 is objected to because of the following informalities: the limitation “the player seating the gaming table” at lines 15-16 and 17-18 are objected to for containing a grammatical error. The Examiner suggest that the claim be amended to either “the player seated at the gaming table” or “the player sitting at the gaming table”. Appropriate correction is required.
Additionally, the limitation “a plurality of players seating the gaming table” is objected to for containing grammatical errors. The Examiner suggest that the “a plurality of players seated at the gaming table”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“a chip recognizing unit” configured to “recognize a position, type, and number of chips on the gaming table by performing image recognition using AI technology to an image imaged by the first camera” in lines 3-5 of claim 1;
“a body recognizing unit” configured to “recognize a body of the player playing the game on the gaming table by performing image recognition using AI technology to the image imaged by the second camera;” in lines 8-10 of claim 1;
“a first correlating unit” configured to “correlate the chip recognized by the chip recognizing unit and the player whose body is recognized by the body recognizing unit with each other, based on the position of the chip recognized by the chip recognizing unit and the body of the player recognized by the body recognizing unit” in lines 11-14 of claim 1;
“an ID identifying unit” configured to “identify a player ID of the player seating the gaming table;” of lines 15-16 of claim 1;
“a reference image acquiring unit” configured to “acquire a reference image of the player seating the gaming table” of lines 17-18 of claim 1;
“a combination determining unit” configured to “determine a combination of the player ID of the player identified by the ID identifying unit and the reference image of the player acquired by the reference image acquiring unit” of lines 19-21;
“a second correlating unit” configured to “identify the player ID of the player shown in the image imaged by the second camera based on a plurality of combinations determined by the combination determining unit for a plurality of players seating the gaming table, and correlate the identified player ID and the player shown in the image imaged by the second camera with each other” of lines 22-26 of claim 1;
“a chip operating player identifying portion” configured to “identify the player ID of the player operating the chip, based on a correlation between the player and the player ID by the second correlating unit and a correlation between the player and the chip by the first correlating unit;” in lines 27-29 of claim 1; and
“a recording unit” configured to “store the player ID identified by the chip operating player identifying unit and the type and number of chip recognized by the chip recognizing unit so as to be in association with each other, or record the player ID by the chip operating player identifying unit and a total amount based on the type and number of chip recognized by the chip recognizing unit so as to be in association with each other.” in lines 30-34 of claim 1.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 claims 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. Specifically, the computer-implemented functions performed by the “a chip recognizing unit”, “a body recognizing unit”, “a first correlating unit”, “an ID identifying unit”, “a combination determining unit”, “a second correlating unit”, and “a chip operating player identifying portion” are not adequately described to show possession of the claimed computer-implemented functions. A review of the Specification fails to provide sufficient corresponding structure (e.g., the computer and the algorithm) in the specification that performs the entire claimed function claimed by “a chip recognizing unit”, “a body recognizing unit”, “a first correlating unit”, “an ID identifying unit”, “a body recognizing unit”, “a first correlating unit”, “an ID identifying unit”, “a combination determining unit”, “a second correlating unit”, and “a chip operating player identifying portion”.. For instance, a review of the Specification does not provide any corresponding algorithm and/or necessary steps to achieve the claimed computer-implemented functions that would indicate to one of ordinary skill in the art at the time of filing the application to show possession of how the inventor intended to use AI technology, deep learning technology, or support vector machine to achieve the claimed function of the gaming table system (see Specification, 0053, 0057, 0074, 0112). For at least these reasons, the claims 1-20 are not found to adequately describe to satisfy the written description requirement.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 recites limitations directed to “a chip recognizing unit” “a body recognizing unit”, “a first correlating unit”, “an ID identifying unit”, “a combination determining unit”, “a second correlating unit”, “a chip operating player identifying portion” which invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Additionally, Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Specifically, Claim 1 recites the limitation “the player seating the gaming table” in line 15-16 and 17-18 renders the claim indefinite as to whether or not “the player seating the gaming table” is the same and/or different player “playing a game at the gaming table” of lines 6-7. For at least this reasons, the claims are not found to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN HSU whose telephone number is (571)272-7148. The examiner can normally be reached Monday - Friday 10:00-6:00 PM.
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/RYAN HSU/EXAMINER, Art Unit 3715