DETAILED ACTION
This action is in response to the claims filed 01/22/2026. Claims 1-20 are pending with no claims being amended.
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 .
Specification
The disclosure filed 11/28/2023 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
A player tracking unit comprising: a serial interface; a player tracking card reader operable to receive a physical player tracking card; a communication interface operable to receive data associated with an electronic player tracking card communicated from a mobile device; a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to perform the rules governing fund transfer as claimed in claims 1-20.
The original disclosure only broadly supports the claimed structure and function related to the corresponding structure with a general EGM and related devices, not particular to a player tracking unit.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed invention is directed to non-statutory subject matter because the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. As summarized in the 2019 Revised Patent Subject Matter Eligibility Guidance, examiners must perform a Two-Part Analysis for Judicial Exceptions.
Step 1
In Step 1, it must be determined whether the claimed invention is directed to a process, machine, manufacture or composition of matter. The instant invention encompasses three player tracking units in claims 1-20 (machines). So claims 1-20 are directed to one of the four statutory categories and meet the requirements of step 1.
Step 2A
Prong One
The claimed invention is directed to an abstract idea without significantly more. Claims 1-20 recite the steps and rules for conducting an accounting service related to financial transaction for game play --- “When executed by the processor, the instructions cause the processor to receive: data associated with a master gaming establishment account accessed via a mobile device application of a mobile device, and data associated with a requested amount of funds to be electronically transferred from the master gaming establishment account to a subsidiary gaming establishment account” [0004].
Claim 1. A player tracking unit comprising:
a serial interface;
a player tracking card reader operable to receive a physical player tracking card;
a communication interface operable to receive data associated with an electronic player tracking card communicated from a mobile device;
a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
receive, via the serial interface and from a controller of a gaming establishment fund management system, data that results in a display device displaying a first balance of a master gaming establishment fund management account associated with a first user and a first balance of a subsidiary gaming establishment fund management account associated with a second, different user, wherein the subsidiary gaming establishment fund management account is different from the master gaming establishment fund management account,
responsive to a receipt, via the serial interface and from the controller of the gaming establishment fund management system, of data representative of a requested amount of funds to be electronically transferred from the master gaming establishment fund management account to the subsidiary gaming establishment fund management account complying, prior to any transfer of the requested amount of funds, with at least one subsidiary gaming establishment fund management account restriction on transfers of funds to the subsidiary gaming establishment fund management account from the master gaming establishment fund management account, cause the display device to display a second, different balance of the master gaming establishment fund management account and a second, different balance of the subsidiary gaming establishment fund management account, wherein:
the second, different balance of the master gaming establishment fund management account is based on the first balance of the master gaming establishment fund management account reduced by the amount of funds,
the second, different balance of the subsidiary gaming establishment fund management account is based on the first balance of the subsidiary gaming establishment fund management account increased by the amount of funds,
the second, different balance of the subsidiary gaming establishment fund management account is accessible in association with a gaming establishment activity independent of any cash-based transaction and independent of any ticket voucher-based transaction, and
the at least one subsidiary gaming establishment fund management account restriction on transfers of funds to the subsidiary gaming establishment fund management account comprises at least one of a restriction associated with a period of time when the subsidiary gaming establishment fund management account is funded, a restriction associated with a maximum permittable balance of the subsidiary gaming establishment fund management account, and a restriction associated with a minimum permittable balance of the subsidiary gaming establishment fund management account, and
responsive to a receipt, via the serial interface and from the controller of the gaming establishment fund management system, of data representative of the requested transfer not complying, prior to any transfer of the requested amount of funds, with the at least one subsidiary gaming establishment fund management account restriction on transfers of funds to the subsidiary gaming establishment fund management account from the master gaming establishment fund management account, cause the display device to display the first balance of the master gaming establishment fund management account and the first balance of the subsidiary gaming establishment fund management account without any displayed modification of any balance of any account in association with the requested amount of funds to be electronically transferred from the master gaming establishment fund management account to the subsidiary gaming establishment fund management account.
The bold and underlined portions of claim 1 encompass the abstract idea, which is also encompassed by the dependent claims 2-8, and substantially also encompassed by claims 9- 15 and 16-20.
Claims 1, 9 and 16 recite the rules governing fund transfer between two different accounts. These rules are directed to commercial or legal interactions. Therefore, the claimed invention is grouped as certain methods of organizing human activity.
Prong Two
This judicial exception is not integrated into a practical application because mere instruction to implement on a computer, or merely using a computer as a tool to perform the abstract idea, adding insignificant extra solution activity, and/or generally linking the use of the abstract idea to a technological environment or field of use is not considered integration into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the present claims include the additional elements other than the abstract idea which include a player tracking unit comprising a serial interface, a card reader, a communication interface, a processor, a memory, a display device, a mobile device and a network for data transfer in all claims. Without any further details, the communications of the data are just through generic networks. The claims are drafted in a result-oriented fashion, without the requisite specificity needed to provide a nonabstract technological solution. The additional elements as presented is directed to the components of a commercial interaction system amount to merely field of use type limitations and/or extra solution activity to provide a platform to implement the rules on commercial interactions from multiple generic, well-known devices.
Step 2B
Step 2B in the analysis requires us to determine whether the claims do significantly more than simply describe that abstract method. Mayo, 132 S. Ct. at 1297. We must examine the limitations of the claims to determine whether the claims contain an "inventive concept" to "transform" the claimed abstract idea into patent-eligible subject matter. Alice, 134 S. Ct. at 2357 (quoting Mayo, 132 S. Ct. at 1294, 1298). The transformation of an abstract idea into patent-eligible subject matter "requires 'more than simply stat[ing] the [abstract idea] while adding the words 'apply it."' Id. (quoting Mayo, 132 S. Ct. at 1294) (alterations in original). "A claim that recites an abstract idea must include 'additional features' to ensure 'that the [claim] is more than a drafting effort designed to monopolize the [abstract idea].'" Id. (quoting Mayo, 132 S. Ct. at 1297) (alterations in original). Those "additional features" must be more than "well-understood, routine, conventional activity." Mayo, 132 S. Ct. at 1298.
The present claims include the additional elements other than the abstract idea which include a player tracking unit comprising a serial interface, a card reader, a communication interface, a processor, a memory, a display device, a mobile device and a network for data transfer in claim 1. By failing to explain how these devices are different from the conventional computer, it is reasonable that the broadest reasonable interpretation of these devices in claim 1 is limited to a computer implementation. The generically claimed a serial interface, a card reader, a communication interface, a processor, a memory, a display device, a mobile device and a generic network for data transfer as of claim 1, constitute generic computers claimed at a high level of generality communicating a generic network which is also claimed at a high level of generality, and well-known, conventional gaming machines (US20010031659, para 31, “Many of the details of operating conventional gaming devices such as reel-based slot machines, video-based poker games, coin acceptors, card readers (credit, debit, smart, etc.) are well known and are not important to the teachings of the present invention other than in a functional approach”). Claims 1-20 merely implement the steps for conducting the accounting service for game play “by generic computers specified at a high level of generality over a generic network also specified at a high level of generality.” Thus the present claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
The claims are generally linked to implement an abstract idea on a computer. When looked at individually and as a whole, the claim limitations are determined to be an abstract idea without "significantly more", and thus not patent eligible.
Response to Arguments
Applicant's arguments filed 01/22/2026 have been fully considered but they are not persuasive.
With respect to the objections to the specification under 35 U.S.C. 132(a), applicant points to certain paragraphs of parent application 15/845,488 to argue that the specification provides the support for the claimed invention. The examiner respectfully disagrees. The examiner respectfully submits that the original disclosure only broadly supports the claimed structure and function related to the corresponding structure with a general EGM and related devices, not particular to a player tracking unit.
With respect to the claim rejections under 35 U.S.C. 101, applicant alleged that the player tracking unit qualifies as a particular machine without providing any substantial arguments. The examiner respectfully submits that in contrast to Enfish, the instant claims do not provide any improvement of the functioning of the computer or improvement to computer technology or any other technical field. In fact, by broadly disclosing that “while certain functions, features or processes are described herein as being performed by one or more components of an EGM (such as a component of a gaming establishment management system (e.g., a player tracking unit) supported by or otherwise located inside the EGM), such functions, features or processes may alternatively be performed by one or more EGMs, or one or more mobile device applications, or one or more servers” ([0104] of U.S. Patent Application No. 15/845,488), it is clear these functions are merely generic computer implementation of the rules on commercial interactions from multiple generic, well-known devices. The claims are drafted in a result-oriented fashion, without the requisite specificity needed to provide a nonabstract technological solution. The additional elements as presented is directed to the components of a commercial interaction system amount to merely field of use type limitations and/or extra solution activity to provide a platform to implement the rules on commercial interactions from multiple generic, well-known devices.
Applicant further argues that “at least the player tracking card reader of the player tracking unit is a particularly claimed element that differentiate the player tracking unit of Claim 1 from any general purpose computers.” The examiner respectfully disagrees. The generically claimed a serial interface, a card reader, a communication interface, a processor, a memory, a display device, a mobile device and a generic network for data transfer as of claim 1, constitute generic computers claimed at a high level of generality communicating a generic network which is also claimed at a high level of generality, and well-known, conventional gaming machines (US20010031659, para 31, “Many of the details of operating conventional gaming devices such as reel-based slot machines, video-based poker games, coin acceptors, card readers (credit, debit, smart, etc.) are well known and are not important to the teachings of the present invention other than in a functional approach”). Claims 1-20 merely implement the steps for conducting the accounting service for game play “by generic computers specified at a high level of generality over a generic network also specified at a high level of generality.”
Applicant’s arguments with respect to claim rejections under 35 U.S.C. 103 have been fully considered. The claim rejections under 35 U.S.C. 103 has been withdrawn.
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 YINGCHUAN ZHANG whose telephone number is (571)272-1375. The examiner can normally be reached 8:00 - 4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YINGCHUAN ZHANG/Primary Examiner, Art Unit 3715