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 .
The Applicant’s amendment and argument received on 04/17/2026 has been considered. It is noted that claims 1,10, and 20 have been amended.
Double Patenting
3. 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 time wise 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
4. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,961,367. Although the claims at issue are not identical, they are not patentably distinct from each other because they both describe system and device comprising: at least one memory with instructions stored thereon; and at least one processor in communication with the at least one memory, wherein the instructions, when executed by the at least one processor, cause the at least one processor to: cause display of a first plurality of past game outcome amounts associated with a first input amount for an electronic game, wherein one or more of the first plurality of past game outcome amounts are eligible to be presented as a repeated outcome in at least one future play of the electronic game at the first input amount; determine a first game outcome associated with a first game outcome amount for a first play of the electronic game at the first input amount; cause display of the first game outcome amount to be added to the first plurality of past game outcome amounts; receive an input of a second input amount for a second play of the electronic game; and in response to receiving the input of the second input amount, cause display of a second plurality of past game outcome amounts associated with the second input amount for the electronic game, wherein one or more of the second plurality of past game outcome amounts are eligible to be presented as a repeated outcome in at least one future play of the electronic game at the second input amount (see claim 1 of U.S. Patent No. 11,961,367, showing a first game outcome including a first game outcome amount for a first play of an electronic game, wherein the first game outcome is determined based at least in part upon a first input amount; cause display of the first game outcome amount in the first display area; cause the first game outcome amount to be added to a data register of a plurality of data registers; cause display of the first game outcome amount in the second display area, the second display area comprising a first plurality of past game outcome amounts stored in the plurality of data registers and including the first game outcome amount, wherein the first plurality of past game outcome amounts is associated with the first input amount, and wherein each past game outcome amount of the first plurality of past game outcome amounts displayed in the second display area is stored in a respective data register of the plurality of data registers and is potentially eligible to be presented as a repeated outcome by the at least one processor for the first play of the electronic game; determine a past game outcome amount of the first plurality of past game outcome amounts that is eligible to be presented upon a trigger event occurring; cause display of an animation associated with the past game outcome amount to communicate that the past game outcome is eligible to be presented).
5. Claims 1-20 of the US Patent 11,961,367 discloses similar elements and limitations of the claims 1-20 of the present application. The present application’s claims appear to be broader in scope and is therefore an obvious variant thereof of US Patent 11,961,367.
This is therefore an obviousness-type double patenting rejection.
Response to Arguments
6. Applicant’s arguments, see Applicant Arguments/Remarks, filed 04/17/2026, with respect to the 35 USC 102 rejection have been fully considered and are persuasive. The 35 USC 102 rejection of claims 1-20 has been withdrawn.
Conclusion
7. 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADETOKUNBO OLUSEGUN TORIMIRO whose telephone number is (571)270-1345. The examiner can normally be reached Mon-Fri (8am - 4pm).
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
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