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 .
Response to Amendment
This office action is in response to amendments filed on 01/13/2026.
35 USC § 101
See applicant’s response 01/13/2026. Specifically amendments add a practical application and steps that go beyond the exception.
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 1-10 of U.S. Patent No. 9811978. Although the claims at issue are not identical, they are not patentably distinct from each other because both inventions are directed towards a multiplayer poker game wherein a player’s performance is measure using a multi-dimensional vector for the purpose of matching wherein performance data is received by the system. See table below. The claims differ in that the current claims include a self-assessment performance metric received by a player which is updated. However examiner notes that this would still be the act of receiving over the system performance data which could include either observed or self-reported and that both inventions update this data based on further observation of performance data. Therefore the action of having some of the data self-reported does not read away from the parent claims and therefore the claims are not patentably distinct. Features of the dependent claims are largely similar to the parent application as well and therefore does not further distinguish. Amended language includes a video capture device for facial recognition. Examiner notes that at least claim 1 of 9811978 includes a video capture device which captures video information in order to determine data for the system including comparing to identification with data stored about a user including facial information. Therefore the act of facial recognition, which is broadly claimed, is supported by the parent claim since physical information is captured and an individual can be identified in the video feed. Therefore the amended element reads on 9811978 and therefore the claims are not patentably distinct. Depending claims are not patentably distinct as being directed towards similar claimed subject matter such as rules for the game or data captured.
Current Application
9811978
Reasoning
Claim 1: registering, by a computing device, player identification data for each of a plurality of players;
1. a plurality of instructions that when executed by the processor cause the apparatus to: register player identification data for each of a plurality of players, into a player identity database;
Similar
capturing, via a video capturing device, play of a plurality of poker games that are played by respective players of the plurality of players;
1. receiving video information captured by the capturing device at the first venue, comparing the video information with player identification data to determine actions related to play of a first poker game of the plurality of poker games by a first player of the plurality of players,
Both limitations are directed towards capturing video information to determine info during a play of the game
processing, by the computing device, the captured play so as to extract player facial information from the captured play, and identify the respective players within the plurality of poker games by comparing the extracted player facial information against stored facial information, and generate performance data of each of the identified respective players within the plurality of poker games;
1. register player identification data for each of a plurality of players, into a player identity database;
receive performance data describing play of a plurality of poker games that are played by respective players of the plurality of players, in which receiving the performance data includes: receiving video information captured by the capturing device at the first venue, comparing the video information with player identification data to determine actions related to play of a first poker game of the plurality of poker games by a first player of the plurality of players,
7. …facial hair
Video information is received from a capture device which includes performance data. Further identification data is stored in a database in which a user is identified and information stored include facial information include facial hair. Therefore the current limitation broadly claims an identification of a player which includes facial information which would read on this particular feature. Specific steps are not claimed to read on more than the parent claim limitation.
calculating for each of the plurality of players, by the computing device, based on the performance data and in response to receiving respective performance data, a respective vector with a plurality of dimensions, in which each dimension of the plurality of dimensions describes a different aspect of poker game performance; determining for each of the plurality of players, by the computing device based on a respective multidimensional vector and in response to calculating a respective vector, an index metric by applying an algorithm to a respective plurality of dimensions to convert the respective multidimensional vector to a respective numerical value;
1.calculate for each of the plurality of players, based on the performance data and in response to receiving respective performance data, a respective vector with a plurality of dimensions, in which each dimension of the plurality of dimensions describes a different aspect of poker game performance, in which each aspect is observable over multiple games of the plurality of poker games; determining for each of the plurality of players, based on a respective multidimensional vector and in response to calculating a respective vector, an index metric by applying an algorithm to a respective plurality of dimensions to convert the respective multidimensional vector to a respective numerical value;
Similar
presenting, by the computing device, an indication of the index metric;
presenting an indication of the index metric for at least two players through a user interface of a client device;
Similar
matching, by the computing device, at least two players of the plurality of players together for a poker game based on at least one of a dimension of the multidimensional vector associated with each of the at least two players and the updated index metric associated with each of the at least two players;
1. matching the at least two players of the plurality of players together for a poker game based on at least one of a dimension of the multidimensional vector associated with each of the at least two players and the index metric associated with each of the at least two players;
Similar
And facilitating, by the computing device, play of the poker game with at least two players in response to the matching.
facilitating play of the poker game with at least two players in response to the matching;
Similar
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 9811978 in view of Rimmer et al. (US Pub. No. 2010/0312833 A1). See above regarding limitations that match. If arguably the feature above is not specifically supported examiner further asserts that facial recognition would have been obvious with Rimmer teaching "further sensor, such as a camera with appropriate software running on the processor 210 may be configured to identify a nearby person, using well known means, such as face recognition including comparison of the a face of the nearby person with faces stored in the memory 220" (paragraph [0045]). Specifically 9811978 captures video, identifies a player in the video, and stores physical characteristics of a user and the known features of facial recognition would be obvious to read into the limitations as a means to automate the identification process based on known methods. Specifically using faces to recognize individuals is a conventional feature that allows systems to recognize people without needing an operator.
Response to Arguments
Applicant's arguments filed 01/13/2026 have been fully considered but they are not persuasive. See updated double patenting rejection to address amended language.
Conclusion
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.
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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.
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/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 4/8/2026
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