CTNF 18/520,438 CTNF 80366 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-09 AIA Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows: 02-10 AIA The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc. , 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994). The disclosure of the prior-filed application, Application No. 18237799 , fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The claimed subject matter is directed to the newly added embodiment according to Fig. 7-11 where are not found in either the provisional application 63/400,751 or nonprovisional 18/237,799. As such the instant application is being afforded the earliest effective filing date of 11/27/2023 . Claim Objections 07-29-01 AIA Claim s 2’, 3 and 13 objected to because of the following informalities: The claim numbers are not in numerical sequence and should be amended to correct the number order . Appropriate correction is required. For the purpose of prosecution, the claims are being interpreted as following: Misnumbered claim 2’ ( second claim 2) been renumbered 3. Misnumbered claim 3 been renumbered 4. Misnumbered claim 13 been renumbered 5. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 1-5 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. With respect to claim 1 the claim recites “a first inner wall” Ln. 16 and “s second inner wall” ln. 20. However, it is unclear if the first and second inner walls are the same or different from “an inner wall” as recited in ln. 8. As written, when read in light of the specification, it is unclear if there are three separate inner walls or if the first inner wall and second inner wall are a part of the “an inner wall”. When looking to the spec, there is discloser of a first and second inner wall of the first embodiment [0049-51] as shown in Fig. 1 Ref 24 and 28, yet there is no “an inner wall” of the first embodiment. Where as Fig. 7 and [0074-0075] describe the second embodiment that has an inner wall and a first inner wall portion and a second inner wall portion. For the purpose prosecution the limitation is being read as an inner wall as a first inner wall portion and a second inner wall portion, as the second embodiment discloses the first and second card outlet off set to each other. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-5 (as renumbered) is/are rejected under 35 U.S.C. 103 as being unpatentable over US PgPub 20160171813 Merati . With respect to claim 1 Merati teaches a double card dealing shoe. (See Fig. 5a/5b) *Merati claims priority and incorporated by reference design application/PgPub D808468 which is the drawings are used to aid in the understanding of the rejection. a base defining a back end, a first side, a second side and a front end, wherein the front end includes a first card outlet and a second card outlet; (See annotated figure 1 bottom of shoes 1 and 2) a first outer wall adjacent to the first side of the base, the first outer wall extending longitudinally from the back end to the front end; (See annotated Fig. 1 left wall of top shoe) a second outer wall adjacent to the second side of the base, the second outer wall extending longitudinally from the back end to the front end; (See annotated Fig. 1 right wall of bottom shoe) a back wall adjacent to the back end of the base, wherein the back wall includes a first back wall portion and a second back wall portion, the first back wall portion being connected with a distal end of the back wall extension and a second back wall portion being connected with a proximal end of the back wall extension , (See annotated Fig 4 back sides of shoe one and two) wherein the intermediate wall portion and the back wall extension form a first inner wall( portion) , the first inner wall( portion) being a unitary wall laterally spaced apart from the first outer wall, whereby a first card-receiving space is defined between the first inner wall( portion) , the first outer wall, the first card outlet and the first back wall portion, (See annotated Fig.1 identifying portions/extensions and Fig.4 which shows first show and 2 nd show side by side) wherein the intermediate wall portion and the front wall extension form a second inner wall( portion) , the second inner wall( portion) being a unitary wall laterally spaced apart from the second outer wall, whereby a second card-receiving space is defined between the second inner wall( portion) , the second outer wall, the second card outlet and the second back wall portion, and (See annotated Fig.1 and Fig.4 which shows first show and 2 nd show side by side) wherein the first card outlet and the second outlet are in offset positions relative to one another. (See annotated figure 1 showing outlets offset and annotated figure 4 showing them off set when side by side). Merati fails to teach an inner wall adjacent to a central area of the base , the inner wall being formed of a front wall extension, an intermediate wall portion and a back wall extension, the inner wall extending from the back end to the front end and being laterally spaced between the first outer wall and the second outer wall; and However, rearranging Merati’s two shoes to be side by side vs one on top would have resulted in an inner wall centered over the base. The courts have held that rearrangements of parts is held as a matter of design choice(MPEP 2144.04 vi C- In re Japikse, 181 F.2d 1019, 86 USPQ 70), therefore, rearranging the shoes of Merati to be side by side vs on top of each other would have been an obvious design choice to one skilled in the art would without departing from the scope and function of Merati to provide a 2 nd random generator, as noted in Merati, there are several advantage of dual shoes [0017] to provide a 2 nd game of chance or side bet. With respect to claim 2, Merati see annotated figure 1 for the first and second lips (ends of each shoe) with an opening each of the front walls of the respective shoes. With respect to claim 3(2’), see the Merati as modified shows the base as rectangular shows (elongated) which extend from front to back. With respect to claim 5, (13) See annotated figure 3 and 4 as modified the receiving spaces are laterally adjacent. (next to each other, yet offset as recited in claim 1) . PNG media_image1.png 516 590 media_image1.png Greyscale PNG media_image2.png 632 1106 media_image2.png Greyscale 07-22-aia AIA Claim (s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Merati as applied to claim s 1-3 and 5 above, and further in view of US Patent 20070138743 Fleckenstein . With respect to claim 4, Merati a modified teaches the device of claim 1 but fails to teach the base has a downward slope. However, Fleckenstein, in the analogous art of card dispensing shows, discloses that it is old and well known to downwardly slope the base to take advantage of gravity to bias the playing card on their own weight. See Fleckenstein Fig. 1 (prior art) and [0006]. Therefore, it would have been obvious to one of ordinary skill in the art, to have substituted the base of Merati with the base of prior art disclosed in Fleckenstein, as this is a simple substitution of one know element for another to obtain predictable results of cards that move down the card show with the use of gravity as noted in Fleckenstein . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See 892 for additional references which are directed to the state of the art. In particular, attention is drawn to D1080207 Alonso, which is a directed to a card storage device that is one complete piece . Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACI CASLER whose telephone number is (571)272-6809. The examiner can normally be reached Mon-Thursday 6:00am - 4:30pm. 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, Amanda Abrahamson can be reached at 571-270-1376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TRACI CASLER/Primary Examiner, Art Unit 6217 Application/Control Number: 18/520,438 Page 2 Art Unit: 6217 Application/Control Number: 18/520,438 Page 3 Art Unit: 6217 Application/Control Number: 18/520,438 Page 4 Art Unit: 6217 Application/Control Number: 18/520,438 Page 5 Art Unit: 6217 Application/Control Number: 18/520,438 Page 6 Art Unit: 6217 Application/Control Number: 18/520,438 Page 7 Art Unit: 6217 Application/Control Number: 18/520,438 Page 8 Art Unit: 6217