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
Applicant argues and Examiner agrees that the electronic fund transfers of Iddings is not definitively the same as funds associated with a financial institution account (Remarks 7-9 filed 3/26/2026). Applicant is directed to the teachings of Ellis.
Applicant argues that Lucero nor Agarwal discloses a master gaming controller that operates independent of the gaming device to cause the gaming machine to modify a credit balance. Examiner disagrees as Lucero discloses remote C/C approval 28 (Fig. 2) which functions independent of the gaming device to determine if the card is entitles to the credit requested which affects a credit balance of the gaming device.
Claim Rejections - 35 USC § 102
4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
5. Claims 1 and 12 are rejected under 35 U.S.C. § 102 (a1)(a2) as being anticipated by U.S. Pat. Pub. No. 2020/0410820 to Ellis.
In Reference to Claims 1 and 12
Ellis discloses a gaming machine (Fig. 1 gaming devices 110, gaming devices 220 [0195-0196]), comprising:
a communication interface (Fig. 2A SMIB 265 connects gaming devices 250 to a host controller 219, [0196]);
a processor and memory and instructions ([0328]) to:
responsive to entering a designated operational state (responsible wager gaming [0008, 0023, 0035]:
communicate, via the communication interface and to a cashless payment terminal (Fig. 2A credit wagering service), data that results in limiting the cashless payment terminal from facilitating, independent of any amounts of funds modifying any balances of any gaming establishment accounts, any increases of a credit balance based on any amounts of funds associated with any financial institution accounts (data pertaining to responsible gaming behaviors such as use of thresholds, monitoring, lock-out periods [0249] or credit approval throttling [0008, 0041, 0042] which results in limiting cashless payments from being made directly from a financial institution to the gaming machine where “ the timely extension of credit, player honoring of obligations to the casino, and regulatory compliance, the Applicant has developed systems in which funds are automatically advanced either directly or from an intermediate account, such as a wager account, to a gaming device based, at least in part, on a credit line of the player” [0035], independently, wherein “In some instance, funds are advanced directly from the credit line or credit account to the gaming machine without first creating an intermediate account, such as, for example, a wager account or wallet, for tracking balances or amounts in a wager account or wallet” [0043] so that “In other embodiments the funds would be disbursed from the lender only as the player actually uses them for wagering” [0235]), and
responsive to exiting the designated operational state (for example, at the end of a one hour lock period 1010 [0249]), communicate, via the communication interface and to the cashless payment terminal, data that results in enabling the cashless payment terminal to facilitate, independent of any amounts of funds modifying any balances of any gaming establishment accounts, an increase of the credit balance based on an amount of funds associated with a financial institution account (when the time has passed for “a given lock period, that lock is removed 1040 [0251]. Where the lock is not removed, the ability to advance funds in excess of the threshold is restricted.” Hence, in the absence of the designated operational state {data}, the cashless system facilitates an increase in the credit balance of funds).
Claim Rejections - 35 USC § 103
6. 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 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.
7. 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.
8. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
9. Claims 2-5, 8-9, 13-16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ellis further in view of U.S. Pat. No. 2007/0243928 to Iddings in view of U.S. Pat. Pub. No. 2008/0207307 to Cunningham II.
In Reference to Claim 1, 2, 8, 9, 13, 19, and 20
Ellis discloses the invention substantially as claimed. However, the reference does not explicitly disclose a tilt state, decreases in balances. One of skill in the art would be aware of the teachings of Iddings.
Iddings also discloses an electronic gaming machine (Figs. 2 gaming device 2), comprising:
a communication interface (Fig. 1 gaming network interfaces 100 for gaming device 101);
a processor (Fig. 3 processor 310); and
a memory device that stores a plurality of instructions that, when executed by the processor (Fig. 3 memory 316, software 314), cause the processor to:
responsive to entering a designated operational state (Iddings discloses the gaming machine when faced with, for example, the gaming machine itself or a host system in a network with the gaming machine may try to access or control the gaming machine and try to send a command to a printer of the gaming machine to print a cashless ticket of a particular value, the gaming machine will enter a hard tilt state [0253]):
communicate, via the communication interface and to a gaming machine and its peripherals (cashless gaming [0004], configured to accept electronic fund transfers [0069] by readers and validators for credit cards, debit cards [0047], “money may be transferred to a gaming machine through electronic funds transfer. When a player funds the gaming machine, the master gaming controller 46 or another logic device coupled to the gaming machine determines the amount of funds entered and displays the corresponding amount on the credit or other suitable display as described above.” [0047]), data that results in limiting the gaming machine from facilitating, independent of any amounts of funds modifying any balances of any gaming establishment accounts (independence wherein, in the example above at ([0236]), a host system is attempting to print a cashless ticket of a particular value on the gaming machine), any increases {decreases} of a credit balance based on any amounts of funds associated with any electronic fund transfers (Iddings incorporates by reference U.S. Pat. No. 6,890,259 wherein over a network interfacing a gaming machine (Col. 1, ll. 27-36) where a hard tilt condition causes a lock-out state where no further game play can occur and operator intervention is required to reset the machine so that game play can resume (Col. 3, ll. 5-10) which Examiner interprets the lock-out as preventing any changes to the credit balance on the gaming machine), and
responsive to exiting the designated operational state (Examine construes this as the end of the lock-out and restoration of normal operation of the gaming machine. Iddings incorporates by reference U.S. Pat. No. 6,890,259 wherein a tilt condition is exited Fig. 6 622), communicate, via the communication interface and to the gaming machine, data that results in enabling the gaming machine to facilitate, independent of any amounts of funds modifying any balances of any gaming establishment accounts (See explanation above), an increase {decrease} of the credit balance based on an amount of funds associated with a financial institution account (player funds the gaming machine via electronic funds transfer [0047], begins play [0048] decreasing a credit balance [0049]).
The Supreme Court in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way; and
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
Here, it would require only routine skill in the art to modify the responsible gaming behaviors of Ellis with the tilt conditions and modification (decrease) of credit balances of Iddings to implement known cashless gaming such that funds transfers from a patron’s financial institution to the gaming machine can occur conveniently and securely. The Courts have held that combining prior art elements according to known methods to yield predictable results to be indicia of obviousness.
In Reference to Claims 3 and 14
Iddings discloses not being able to print a cashless ticket of a particular value causing the tilt condition is a state associated with a failed funding transaction ([0236]).
In Reference to Claims 4-5 and 15-16
Iddings in view of Cunningham II discloses the failure to print a cashless ticket of a particular value is associated with both the cashless gaming terminal and disabling the cashless payment terminal.
10. Claims 6-7 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ellis, Iddings, further in view of U.S. Pat. Pub. No. 2019/0102985 to Higgins.
Ellis discloses the invention substantially as claimed. However, the reference does not explicitly disclose the designated operational state in association with a missed heartbeat message and wherein the heartbeat message is generated by the cashless payment terminal.
Higgins discloses cashless gaming ([0022]) wherein “[i]n certain embodiments, such a registration service periodically publishes the state of health of the various applications of the different accounts as well as provides that outages or malfunctions associated with one component of the system are reported to other, interconnected components of the system. In operation of these embodiments, to provide that each of the interconnected components of the system are current on the different accounts, the system (or one or more designated components of the system) will periodically update the various interconnected components with a list of available accounts with which various transactions, as described herein, can be performed. For example, the registration service of this embodiment is responsible to inform the various cashless wagering system installations about what cashless wagering system services are available for magnetic card transactions. In another example, the registration service will initiate a heartbeat request and response for the various cashless wagering systems and the registration service to validate the connection state between at least two parties. In this example, should one of the components of the system go offline, the registration Service informs the other components of this occurrence.” ([0022]).
Here, it would require only routine skill in the art to modify Ellis with the heartbeat of Higgins to establish another fail condition and to arrest processes of the gaming machine to achieve the predictable result of securing cashless gaming. The Courts have held that applying a known technique to a known device (method, or product) ready for improvement to yield predictable results to be indicia of obviousness.
11. Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 5,038,022 to Lucero in view of U.S. Pat. Pub. No. 2011/0028203 to Agarwal.
Lucero discloses a device (Figs. 1-3), comprising:
a communication interface (Figs. 2-3);
a processor 36 (Figs. 2-3); and
a memory device that stores a plurality of instructions that, when executed by the processor (Figs. 2-3 electronic circuit means Col. 5 ll. 15-18, see also Claim 1 circuit means), cause the processor 36 to:
responsive to a receipt of data associated with a financial institution confirmation
of an availability of a first amount of funds in a financial institution account (Figs. 2-3, Col. 1, ll. 49 – Col. 2, ll. 20), communicate, via the communication interface and to a master gaming controller of an electronic gaming machine operating independent of the device (Fig. 2 remote c/c approval 28), data associated with the first amount of funds which results in the master gaming controller of the electronic gaming machine increasing, independent of any amounts of funds modifying any balances of any gaming establishment accounts, a credit balance of the electronic gaming machine based on the first amount of funds (Figs. 203, Col. 1, ll. 49 – Col. 2, ll. 20), and
responsive to a receipt of data associated with a financial institution confirmation of an unavailability of the first amount of funds in the financial institution account (“As shown schematically in FIG. 2, the gaming machine 10 includes a card reader 26 having a slot or groove in which the card 24 is inserted as illustrated in FIG. 1 or through which the card may be swiped. The reader 26 is coupled to a remote card approval financial institution 28 where is it determined if the card is entitled to the credit requested. Status of the card is returned over line 30 to reader 26 where the status is coupled to the liquid crystal display 18 on line 32. If the card is invalid, the display so indicates. If the card is acceptable for the amount of credit desired, the liquid crystal display 18 gives instructions to obtain the credit through the use of the keyboard 20.” Col. 3, ll. 65-67 – Col. 4, ll. 1-10).
However, Lucero is silent wherein communicate, via the communication interface and to the master gaming controller of the electronic gaming machine, data that results in a modification of an operational state {disabling} of the electronic gaming machine. One if skill in the art would be aware of the teachings of Agarwal.
Agarwal discloses synchronization modes to reconcile the game machine credit meters. “The system 500 can provide various modes for synchronizing (i.e., reconciling) the credit meter 508 and the account server 570 during the game play session. The following non-exhaustive list enumerates some possible synchronization modes. [0101] Strict Synchronization Mode. In this mode, the system 500 can synchronize the account balance every time the system 500 detects a wager and after the system 500 generates an outcome for that wager. More specifically, the wagering game machine 560 can report a wager and await an acknowledgment message ("acknowledgement") from the system 500 that the wager was received. The acknowledgment includes the new value to be displayed at the credit meter 508. The system 500 can prevent the game from starting until the system 500 has validated the amount wagered, deducted the wager from the session balance, and sent a new balance to be displayed. Upon receipt of the acknowledgment, the wagering game machine 560 may start the game. If the system 500 cannot validate the wager, however, then the wagering game machine 560 may tilt the game.” ([0100-0101]).
Here, it would require only routine skill in the art to modify the cashless gaming of Lucero with the consequences of insufficient funds of Agarwal such as to change the state of the gaming machine to a tilt or lock-out state to achieve the predictable result of terminating game play until a source of funds can be properly identified. The Courts have held that the use of a known technique to improve similar devices (methods, or products) in the same way to be indicia of obviousness.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is in the Notice of References Cited.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul A. D’Agostino whose telephone number is (571) 270-1992.
14. 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.
15. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Lewis can be reached on (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2992.
/PAUL A D'AGOSTINO/Primary Examiner, Art Unit 3715
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