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 .
Priority
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/2/24 & 5/22/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,455,862. Although the claims at issue are not identical, they are not patentably distinct from each other because the current application and the patent substantially claim similar limitations with one exception. The current application additionally claims “the input-output device(s) being designed to accept registration/login information and gaming commands from a human patron and to present information to the human patron for interactive gaming;” and “at an output device of a computing device present instructions to the human patron through the input-output device(s), including an instruction to the patron to insert an identification document into the identification acceptor”; Limitation which are lacking in the patent `862. However, it would have been obvious for one with ordinary skill in the art, at the time of the invention to modify the patent to include an input/output device to accept player commands and providing instructions to the player to allow for multifactor verification process to curtail illegal gaming at an establishment.
Examiner’s Note
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bradford (6,709,333) refers to system and method for using two authenticators to identify a player in a gaming environment is disclosed, where the second authenticator is based on biometric data. The two authenticators allow a two-level authorization process providing very high assurance that a player at a gaming machine is who they claim to be, and where the second authenticator, being based on biometric data, enables a player to quickly and easily authenticate documents and/or authenticate age while continuing to play at game machines.
Rowe (20030228898) refers to casino gambling system may comprise a first computer, a plurality of casino gambling units operatively coupled to the first computer, and a second computer operatively coupled to the first computer. The second computer may include a biometric input apparatus capable of generating digital data representing a unique physical characteristic of a user and a controller operatively coupled to the biometric input apparatus. The controller may have a microprocessor and a memory and may be programmed to control access to the second computer based upon digital data generated by the biometric input apparatus. The biometric input apparatus may be a camera for generating an image of a person's face, an eye scanner, a fingerprint scanner, or a microphone and a voice digitizer. One or more of the casino gambling units may be provided with a display unit that is capable of generating color images, an input device that allows a player to make an input selection, a value-input device that is capable of allowing the player to deposit a medium of value, and a gambling unit controller operatively coupled to the display unit, the input device, and the value-input device. The gambling unit controller may be programmed to allow the player to make a wager; to cause a video image relating to a video gambling game to be generated on the display unit; and to determine, after the image has been displayed, an outcome of the video gambling game and a value payout associated with the outcome of the video gambling game. The gambling units may be programmed to play a video game selected from the group of video games consisting of video poker, video blackjack, video slots, video keno and video poker.
Parrott (20050054417) refers to gaming apparatus is disclosed which may have a display unit that is capable of generating video images, an input device and a controller operatively coupled to the display unit and the input device, where the controller may have a processor and a memory operatively coupled to said processor. A network interface may be operatively coupled to a network and to the controller. The controller may be programmed to allow a user to play a game. The controller also may be programmed to allow a user to access the network and view on the display unit additional data where the data may be information in addition to information related to the game and the gaming unit. Such additional information may be information obtained from the Internet, from an email interface or from another network. The user may be able to input player data into the gaming unit and the player data may be stored in the memory. The user may be able to create a player card based on the player data inputted. The controller may also be programmed to allow a user to input an event bet slip. The user may be able to select to view additional information on the event underlying the bet. Such additional information may include seeing key plays in the event, the end of the event, statistics from the event or reports from the event. In addition, the user may be able to place additional bets on other events using the credits on the gaming unit.
The referenced citations made in the rejection(s) above are intended to exemplify areas in the prior art document(s) in which the examiner believed are the most relevant to the claimed subject matter. However, it is incumbent upon the applicant to analyze the prior art document(s) in its/their entirety since other areas of the document(s) may be relied upon at a later time to substantiate examiner's rationale of record. A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). However, "the prior art's mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed ...." In re Fulton, 391F.3d 1195, 1201,73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIT PANDYA whose telephone number is (571)272-2823. The examiner can normally be reached M-F 9:30-6:30PM.
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/SUNIT PANDYA/ Primary Examiner, Art Unit 3715