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 .
Specification
This office action is in response to amendments filed on 03/23/2026.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 5-9, 13-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoki et al. (US Pub. No. 2011/0312410 A1 hereinafter referred to as Aoki) in view of Hedrick et al. (US Pub. No. 2008/0153581 A1 hereinafter referred to as Hedrick).
As per claims 1, 9, and 17, Aoki teaches a button deck assembly, computer-implemented method, and non-transitory computer-readable media (abstract and Fig. 9A, item 916 and paragraph [0137]) see shared secondary display linking two gaming machines) including a display device (paragraphs [0076] and [0150] a touch screen comprising buttons can be used for secondary displays which would be a display for the button deck assembly), the button deck assembly coupled to a first electronic gaming device and a second electronic gaming device (Fig. 9A, items 900a-b and paragraph [0137] joined gaming machines), the button deck assembly (paragraphs [0076] and [0150] a touch screen comprising buttons can be used for secondary displays which would be a display for the button deck assembly) comprising: a memory device (Fig. 2, item 36 and paragraph [0090] see memory for the gaming system); and a processor configured to execute instructions stored on the memory device which, when executed, cause the processor (Fig. 2, item 34 and paragraph [0090] see processor for the gaming system) to at least: communicate with the first electronic gaming device to receive first gameplay data from the first electronic gaming device (Fig. 9A, item 916 and paragraphs [0076], [0139], and [0150] secondary display shows gaming information including buttons for gameplay when used as a touch screen); communicate with the second electronic gaming device to receive second gameplay data from the second electronic gaming device (Fig. 9A, item 916 and paragraphs [0076], [0139], and [0150] secondary display shows gaming information including buttons for gameplay when used as a touch screen); determine an outcome of a shared game based on the first gameplay data and the second gameplay data (Figs. 9B-9C and paragraphs [0149]-[0150] shared game); and cause the display device to display the determined outcome (Figs. 9A-9C and paragraphs [0149]-[0150] shared game). Aoki does not specifically teach a button deck housing configured to connect to the first housing of an electronic gaming device and a second housing of a second electronic gaming device wherein within the housing includes a memory device disposed within the button deck housing and a processor in communication with the first electronic gaming device and the second electronic gaming device, the processor disposed within the button deck housing. However, Aoki shows the button deck as one component stretching across the two distinct player stations (Fig. 4, item 470 as one whole button assembly with two different player displays shown above the button assembly) and Hedrick teaches a gaming system (abstract) comprising a player input device (Figs. 17A-17C) which includes a button for user input (Figs. 17A-17c, item 436 and paragraph [0284]) and display (Figs. 17A-17C, item 412 and paragraph [0284]) for displaying information including communicated information (Fig. 17C item 474 and paragraph [0218] a camera on the gaming device takes a picture of the player and sends it to the player input device display) as well as communicating other information (paragraph [0241]) including wirelessly or wired (paragraphs [0260]-[0261]) wherein the input device includes it’s own housing (Fig. 30, item 604 and paragraph [0242]) to be inserted into a gaming device (Fig. 31) with the housing including a processor (Fig. 40 and paragraph [0299]) and memory (paragraph [0280]). Hence, it would have been obvious to one of ordinary skill in the art at the time of invention to have combined the teachings of Aoki with Hedrick, since by having the input device or button assembly of Aoki as one separate device with it’s own housing and processing hardware, as shown by Hedrick, allows for the insertion of a new device for the purpose of service and maintenance without having to access sensitive portions of the gaming device or taking if offline for extended periods as required by integrated components (Hedrick paragraphs [0240]-[0241]) since it is a plug and play type of modification. As per the button assembly being having one housing Aoki shows having an interface as one whole unit stretched across two separate player stations is contemplated as per Fig. 4 and therefore modifying the device of 9A as to include a similar assembly would have been an obvious modification to maintain a similar look and with the button assembly being it’s own distinct device as per Hedrick can be accomplished without relying on existing hardware.
As per claim 5, Aoki teaches an assembly wherein the display device comprises a touchscreen (paragraphs [0076] and [0150] a touch screen comprising buttons can be used for secondary displays which would be a display for the button deck assembly).
As per claims 6 and 14, Aoki does not teach an assembly or method wherein the processor is further configured to communicate wirelessly with the first electronic gaming device and the second electronic gaming device. However, Hedrick teaches a gaming system (abstract) comprising a player input device (Figs. 17A-17C) which includes a button for user input (Figs. 17A-17c, item 436 and paragraph [0284]) and display (Figs. 17A-17C, item 412 and paragraph [0284]) for displaying information including communicated information (Fig. 17C item 474 and paragraph [0218] a camera on the gaming device takes a picture of the player and sends it to the player input device display) as well as communicating other information (paragraph [0241]) including wirelessly (paragraphs [0260]-[0261]) wherein the input device includes it’s own housing (Fig. 30, item 604 and paragraph [0242]) to be inserted into a gaming device (Fig. 31) with the housing including a processor (Fig. 40 and paragraph [0299]) and memory (paragraph [0280]). Hence, it would have been obvious to one of ordinary skill in the art at the time of invention to have combined the teachings of Aoki with Hedrick, since by having the input device or button assembly of Aoki as one separate device with it’s own housing and processing hardware, as shown by Hedrick, allows for the insertion of a new device for the purpose of service and maintenance without having to access sensitive portions of the gaming device or taking if offline for extended periods as required by integrated components (Hedrick paragraphs [0240]-[0241]) since it is a plug and play type of modification and by communicating wirelessly a physical electrical connection is not required thereby reducing hardware wear and tear that would occur with inserting and removing units that required direct connection.
As per claim 13, Aoki teaches a method wherein the display device includes a touchscreen, and wherein the display device is configured to display one or more virtual buttons that prompt an input to the first electronic gaming device and/or the second electronic gaming device (paragraphs [0076] and [0150] a touch screen comprising buttons can be used for secondary displays which would be a display for the button deck assembly).
As per claims 7, 15, and 19, Aoki teaches an assembly, method, and medium wherein the processor is configured to: receive first award data from the first electronic gaming device corresponding to a first award (paragraph [0146] players receive an award based on best outcome which would mean both communicate results of the other one’s gameplay); transmit second award data to the second electronic gaming device causing the second electronic gaming device to display a second award determined based on the first award (paragraph [0146] players receive an award based on best outcome which would mean both communicate results of the other one’s gameplay); and cause the display device to display an animation indicating a transfer of an award from the first electronic gaming device to the second electronic gaming device (paragraph [0146] spinning reels would indicate the information is about to be transferred. Specifically limitation is broad and does not indicate how the information is communicated).
As per claims 8, 16, and 20, Aoki teaches an assembly, method, and medium wherein the processor is configured to: compare the first gameplay data and the second gameplay data to determine a winner (paragraph [0146] players receive an award based on best outcome); and cause the display device to display an indication of the winner (paragraph [0146] players receive an award based on best outcome).
Claim(s) 3-4, 11-12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoki et al. (US Pub. No. 2011/0312410 A1 hereinafter referred to as Aoki) and Hedrick et al. (US Pub. No. 2008/0153581 A1 hereinafter referred to as Hedrick) in view of Barbour et al. (US Pub. No. 2019/0096161 A1 hereinafter referred to as Barbour).
As per claims 3, 11, and 18, Aoki does not teach an assembly or method wherein the button deck assembly further comprises one or more mechanical pushbuttons, and wherein the processor is further configured to receive input from the one or more mechanical pushbuttons. However, Barbour teaches a gaming system comprising a button interface (abstract) wherein the interface includes a display and physical buttons (Fig. 3, items 112, 114, and 116 and paragraphs [0039] and [0052] see touch display and physical mechanical and dynamic pushbuttons) wherein the physical button’s appearance is changed based on a displayed images (paragraphs [0060]-[0061]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Aoki with Hedrick and Barbour, since by combining a touch screen with a physical button, as per Barbour, the system allows for the tactile and familiar use of a mechanical button while allowing for it’s appearance to be dynamic as per the underlying display.
As per claims 4 and 12, Aoki does not teach an assembly or method wherein the processor is further configured to cause the display device to dynamically illuminate the one or more mechanical pushbuttons. However, Barbour teaches a gaming system comprising a button interface (abstract) wherein the interface includes a display and physical buttons (Fig. 3, items 112, 114, and 116 and paragraphs [0039] and [0052] see touch display and physical mechanical and dynamic pushbuttons) wherein the physical button’s appearance is changed based on a displayed images (paragraphs [0060]-[0061]) wherein the display uses light to illuminate or show an image for the button (paragraph [0056]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Aoki with Hedrick and Barbour, since by combining a touch screen with a physical button, as per Barbour, the system allows for the tactile and familiar use of a mechanical button while allowing for it’s appearance to be dynamic as per the underlying display.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11875630. Although the claims at issue are not identical, they are not patentably distinct from each other because see claim mapping below. Specifically while not identical the claims are similar to each other both describing an invention regarding a button assembly which is attached to two gaming machine with the assembly including a display and buttons and that the game played is a shared game between the players on the two gaming machines. Therefore the claims are not patentably distinct. Amended claims are further addressed below and read on elements of 11875630 claims including focus on claim 1 and claim 2.
Current Application
Parent Application 11875630
Explanation
1. A button deck assembly including a display device, the button deck assembly comprising: a button deck housing configured to be coupled to a first housing of a first electronic gaming device and a second housing of a second electronic gaming device;
1. A shared interface configured to connect to a plurality of electronic gaming machines, the shared interface comprising: a button deck assembly including a display device;
2. further comprising: a flange surrounding at least a portion of the button deck assembly, the flange including at least: a first mechanical fastener configured to couple the button deck to a cabinet of the first electronic gaming machine, and a second mechanical fastener configured to couple the button deck to a cabinet of the second electronic gaming machine, whereby the button deck is at least partially supported by the first electronic gaming machine and the second electronic gaming machine
Both are directed towards a button assembly connected to at least two gaming machines. Further claim 2 of 11875630 includes elements for connecting the assembly to the gaming machine which would read as the assembly including a housing in order to contain the parts and be connected to the device.
a memory device disposed within the button deck housing; and a processor in communication with the first electronic gaming device and the second electronic gaming device, the processor disposed within the button deck housing,
a memory device; and a processor configured to execute instructions stored on the memory device, which when executed, cause the processor to at least:
See above regarding claim 2 of 11875630 read as supporting a housing and claim 1 includes the hardware elements including processor. Therefore including these elements in the housing would read on 11875630.
communicate with the first electronic gaming device to receive first gameplay data from the first electronic gaming device; communicate with the second electronic gaming device to receive second gameplay data from the second electronic gaming device;
communicate with a first electronic gaming machine to provide a first control instruction to the first electronic gaming machine; communicate with a second electronic gaming machine to provide a second control instruction to the second electronic gaming machine;
Communicates with both gaming machines.
determine an outcome of a shared game based on the first gameplay data and the second gameplay data; and cause the display device to display the determined outcome.
provide a shared game via the display device, the shared game capable of being played by a first player of the first electronic gaming machine and a second player of the second electronic gaming machine; receive first gameplay data from the first electronic gaming machine; receive second gameplay data from the second electronic gaming machine; compare the first gameplay data and the second gameplay data to determine a winner; and cause the display device to display an indication of the winner.
Describes a shared game including outputting of information.
2. further comprising: a flange surrounding at least a portion of the button deck assembly, the flange including at least: a first mechanical fastener configured to couple the button deck assembly to a housing of the first electronic gaming device, and a second mechanical fastener configured to couple the button deck assembly to a housing of the second electronic gaming device, whereby the button deck assembly is at least partially supported by the first electronic gaming device and the second electronic gaming device.
2. further comprising: a flange surrounding at least a portion of the button deck assembly, the flange including at least: a first mechanical fastener configured to couple the button deck to a cabinet of the first electronic gaming machine, and a second mechanical fastener configured to couple the button deck to a cabinet of the second electronic gaming machine, whereby the button deck is at least partially supported by the first electronic gaming machine and the second electronic gaming machine.
Same structure with examiner recognizing that housing and cabinet are the same as per the disclosure.
3. wherein the button deck assembly further comprises one or more mechanical pushbuttons, and wherein the processor is further configured to receive input from the one or more mechanical pushbuttons.
3. wherein the button deck assembly further comprises one or more mechanical pushbuttons, and wherein the processor is further configured to receive input from the one or more mechanical pushbuttons.
Same
4. wherein the processor is further configured to cause the display device to dynamically illuminate the one or more mechanical pushbuttons.
4. wherein the processor is further configured to cause the display device to dynamically illuminate the one or more mechanical pushbuttons.
Same
5. wherein the display device comprises a touchscreen.
5. wherein the display device comprises a touchscreen.
Same
6. wherein the processor is further configured to communicate wirelessly with the first electronic gaming device and the second electronic gaming device.
6. wherein the processor is further configured to communicate wirelessly with the first electronic gaming machine and the second electronic gaming machine.
Same
7. wherein the processor is configured to: receive first award data from the first electronic gaming device corresponding to a first award; transmit second award data to the second electronic gaming device causing the second electronic gaming device to display a second award determined based on the first award; and cause the display device to display an animation indicating a transfer of an award from the first electronic gaming device to the second electronic gaming device.
7. wherein the processor is configured to: receive first award data from the first electronic gaming machine corresponding a first award; transmit second award data to the second electronic gaming machine causing the second electronic gaming machine to display a second award determined based on the first award; and cause the display device to display an animation indicating a transfer of an award from the first electronic gaming machine to the second electronic gaming machine.
Same
wherein the processor is configured to: compare the first gameplay data and the second gameplay data to determine a winner; and cause the display device to display an indication of the winner.
1. compare the first gameplay data and the second gameplay data to determine a winner; and cause the display device to display an indication of the winner.
See parent claim 1 which includes these additional steps of comparing to determine a winner.
10. A computer-implemented method
8. A computer-implemented method
17. A non-transitory computer-readable media having computer-executable instructions embodied thereon, wherein when performed by a processor of a button deck assembly
15. A non-transitory computer-readable media having computer-executable instructions embodied thereon
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. See newly cited prior art Hedrick et al. (US Pub. No. 2008/0153581 A1 hereinafter referred to as Hedrick).
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 JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM.
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, Dmitry Suhol can be reached at (571) 272-4430. 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.
/JUSTIN L MYHR/ Primary Examiner, Art Unit 3715 4/15/2026
Prosecution Insights