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 Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3-8, 10-15, 17-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-21 recite an abstract idea of organizing human activity. The claim limitations are not indicative of integration into a practical application, and the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2a1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Claims 1, 3-7 recite a computer platform for providing patrons with access to a plurality of casino management systems (CMS), comprising:
a data store configured to store a database including a patron data file including a plurality of patron records and a patron CMS data file including a plurality of patron CMS configuration records, each patron record and each patron CMS configuration record being associated with one of the patrons, each patron record including a patron unique identifier and computer platform logon data, each patron CMS configuration record including CMS logon data for an associated casino management system and the patron unique identifier associated with the patron record of an associated patron; and,
one or more content servers coupled to the data store including at least one processor programmed to execute an algorithm, the algorithm steps including the steps of:
allowing one of the patrons to logon onto to the computer platform using a user device;
accessing the database and retrieving the patron record associated with the one of the patrons;
identifying the patron CMS configuration records assigned to the one of the patrons as a function of the patron unique identifier stored in the patron record associated with the one of the patrons;
presenting to the one of the patrons, on the user device, the casino management systems associated with the one of the patrons as a function of the patron unique identifier;
allowing the one of the patrons to select one of the plurality of casino management systems;
locating the patron CMS configuration record associated with the one of the patrons and the one of the plurality of casino management systems and automatically logging onto the one of the plurality of casino managements systems as the one of the patrons using the CMS logon data in the located patron CMS configuration record;
providing access to the one of the plurality of casino management systems to the one of the patrons via the user device, wherein the computer platform includes cache memory and, in providing access to the one of the plurality of casino management systems, the algorithm includes the steps of:
opening a CMS session on the one of the casino management systems;
retrieving session data from the one of the plurality of casino management systems and storing the session data in the cache memory;
presenting the session data to the one of the patrons and allowing the one of the patrons to interact with the session data during the CMS session via the user device: and,
closing the CMS session in response to a patron action and deleting the session data from the cache memory.
Claims 8, 10-14 recite a method for operating a computer platform for providing patrons with access to a plurality of casino management systems (CMS), the computer platform including a data store and one or more content servers coupled to the data store, the one or more content servers including at least one processor programmed to execute an algorithm, the data store configured to store a database including a patron data file including a plurality of patron records and a patron CMS data file including a plurality of patron CMS configuration records, each patron record and each patron CMS configuration record being associated with one of the patrons, each patron record including a patron unique identifier and computer platform logon data, each patron CMS configuration record including CMS logon data for an associated casino management system and the patron unique identifier associated with the patron unique identifier associated with the patron record of an associated patron, the algorithm including the steps of:
allowing one of the patrons to logon onto to the computer platform using a user device;
accessing the database and retrieving the patron record associated with the one of the patrons;
identifying the patron CMS configuration records assigned to the one of the patrons as a function of the patron unique identifier stored in the patron record associated with the one of the patrons;
presenting to the one of the patrons, on the user device, the casino management systems associated with the one of the patrons as a function of the patron unique identifier:
allowing the one of the patrons to select one of the plurality of casino management systems;
locating the patron CMS configuration record associated with the one of the patrons and the one of the plurality of casino management systems and automatically logging onto the one of the plurality of casino managements systems as the one of the patrons using the CMS logon data in the located patron CMS configuration record;
providing access to the one of the plurality of casino management systems to the one of the patrons via the user device, wherein the computer platform includes cache memory and, in providing access to the one of the plurality of casino management systems, the algorithm includes the steps of:
opening a CMS session on the one of the casino management systems;
retrieving session data from the one of the plurality of casino management systems and storing the session data in the cache memory;
presenting the session data to the one of the patrons and allowing the one of the patrons to interact with the session data during the CMS session via the user device: and,
closing the CMS session in response to a patron action and deleting the session data from the cache memory.
Claims 15, 17-21 recite one or more non-transitory computer-readable storage media, having computer-executable instructions embodied thereon for operating for operating a computer platform for providing patrons with access to a plurality of casino management systems (CMS), the computer platform including a data store and one or more content servers coupled to the data store, the one or more content servers including at least one processor, the data store configured to store a database including a patron data file including a plurality of patron records and a patron CMS data file including a plurality of patron CMS configuration records, each patron record and each patron CMS configuration record being associated with one of the patrons, each patron record including a patron unique identifier and computer platform logon data, each patron CMS configuration record including CMS logon data for an associated casino management system and the patron unique identifier associated with the patron record of an associated patron, the computer-executable instructions cause the at least one processor to execute an algorithm to:
allow one of the patrons to logon onto to the computer platform using a user device;
access the database and retrieving the patron record associated with the one of the patrons;
identify the patron CMS configuration records assigned to the one of the patrons as a function of the patron unique identifier stored in the patron record associated with the one of the patrons;
present to the one of the patrons, on the user device, the casino management systems associated with the one of the patrons as a function of the patron unique identifier:
allow the one of the patrons to select one of the plurality of casino management systems;
locate the patron CMS configuration record associated with the one of the patrons and the one of the plurality of casino management systems and automatically log onto the one of the plurality of casino managements systems as the one of the patrons using the CMS logon data in the located patron CMS configuration record;
provide access to the one of the plurality of casino management systems to the one of the patrons via the user device, wherein the computer platform includes cache memory and, in providing access to the one of the plurality of casino management systems, the algorithm includes the steps of:
open a CMS session on the one of the casino management systems;
retrieve session data from the one of the plurality of casino management systems and store the session data in the cache memory;
present the session data to the one of the patrons and allowing the one of the patrons to interact with the session data during the CMS session via the user device: and,
close the CMS session in response to a patron action and deleting the session data from the cache memory.
The underlined limitations recite an abstract idea of organization of human activity. The claims recite steps of storing records of a patron, allowing a user to select a casino management system or casino service, logging and recording patrons’ data, and providing access to services/casino management system. The claims recite steps of organization or managing patrons’ data for a game.
Step 2a2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration of whether the claim recites additional elements that are indicative of integration into a practical application.
An additional element or combination of additional elements that are indicative of integrating the abstract idea into a practical application include:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Additional element or combination of additional elements that are not indicative of integration of the abstract idea into a practical application include:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1, 3-8, 10-15, 17-21 do not apply a judicial exception to effect a particular treatment, and do not transform or reduce a particular article to a different state or thing.
Claims 1, 3-8, 10-15, 17-21 are not directed to an improvement to a function of a computer. There is no improvement to a technical field. In addition, the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way.
The data store, processor, user device, and casino management systems and memory generally link the abstract idea to a computer embodiment. More specifically,
the steps of accessing a database, receiving patron record, identifying patron CMS records, locating the patron CMS record, opening a CMS session, retrieving session data, retrieving session data, presenting session data, closing and deleting the session data are steps of electronic recordkeeping and storing retrieving information in memory, generally link the use of the judicial except to a computer embodiment.
The additional elements identified above considered alone and in combination fail to integrate the abstract idea into a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole is analyzed to determine whether any additional element, or combination of additional elements, is sufficient to ensure that the claims amount to significantly more than the exception.
Claims recite additional elements of a data store, processor, user device, and casino management systems.
The specification discloses data store, processor, casino management systems and memory as generic computer components (published specification 56, 138-139). The specification discloses user device may be generic computing device such as a desktop computer, laptop, mobile phone, tablet, or other computing device (published specification, paragraph 138).
In addition, the steps of accessing a database, receiving patron record, identifying patron CMS records, locating the patron CMS record, opening a CMS session, retrieving session data, retrieving session data, presenting session data, closing and deleting the session data are steps of electronic recordkeeping and storing retrieving information in memory. The courts have indicated that electronic recordkeeping and storing retrieving information in memory is well known, routine, and conventional.
Electronic recordkeeping, Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 225, 110 USPQ2d 1984 (2014) (creating and maintaining "shadow accounts"); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log);
Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Dependent claims 2-7, 10-14, 17-21 further recite an abstract idea of organizing human activity. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified abstract idea. Looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. The dependent clams merely include limitations that further define the abstract idea and thus don’t make the abstract idea any less abstract. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Claim Rejections - 35 USC § 112
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 19 is 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.
Claim 19 is dependent claim 16, which is canceled. The claim is indefinite because it is not clear which dependent claim limitations are part of claim 19.
Response to Arguments
Applicant's arguments filed 7/16/26 have been fully considered but they are not persuasive.
35 USC 101
Claims 1. 3-8, 10-15, 17-21 are rejected for reciting an abstract idea of organization human activity without being significantly more. Applicant argues that the claims are not directed towards a mental process because the claims cannot be practically performed in the human mind. Applicant argues that none of the steps can be performed by the human mind and therefore cannot constitute a method of organizing human activity. However, the rejection does not indicate that the claims recite a mental process. The rejection indicates that the claims recite an organization of human activity. Organization of human activity includes: fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); and managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). The claims recite steps of storing records of a patron, allowing a user to select a casino management system or casino service, logging and recording patrons’ data, providing access to services/casino management system, receiving session data, displaying session data and deleting the session data. The claims recite steps of organization or managing patrons’ data for a game.
The steps of accessing a database, receiving patron record, identifying patron CMS records, locating the patron CMS record, opening a CMS session, retrieving session data, retrieving session data, presenting session data, closing and deleting the session data are steps of electronic recordkeeping and storing retrieving information in memory, generally link the use of the judicial except to a computer embodiment.
Applicant argues that even if the present invention is directed towards a method of organizing human activity, the independent claims recites a practical application. The database include a patron data file including a plurality of patron records and a patron CMS data file including a plurality of patron CMS configuration records. Each patron CMS configuration record includes the logon details for a Casino Management System for the associated patron/ configured record includes the CMS logon details for a given Casino Management System. After the patron had logged onto the platform, the Casino Management Systems registered on the platform to patron are presented and the patron is allowed to select one of the Casino Management Systems. Using the information in the associated patron CMS configuration record, the patron is automatically logged onto the respective Casino Management System and a CMS session is opened on the respective Casino Management System. During the CMS session, session data is retrieved from the Casino Management System and presented to the patron. When the CMS session is closed all temporary data (stored in cache memory) is deleted.
However, as indicated above, these steps generally link the use of the judicial except to a computer embodiment. The additional elements considered alone and in combination fail to integrate the abstract idea into a practical application.
35 USC 102 and 103
The prior art rejections have been withdrawn in view of the claim amendments.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jasson H Yoo whose telephone number is (571)272-5563. The examiner can normally be reached M-F 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at 571 270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASSON H YOO/Primary Examiner, Art Unit 3715
