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 .
Double Patenting
2. 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.
3. 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).
4. 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.
Claim Rejections - 35 USC § 102
5. 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 (i.e., changing from AIA to pre-AIA ) 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.
6. 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.
7. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jaffe et al (US 2011/0021266).
Regarding claims 1, 10, 18, and 20: Jaffe et al discloses an electronic gaming device comprising: at least one memory with instructions stored thereon (see figure 2; paragraph [0069], showing the controller 42 in the gaming terminal 10 is depicted as comprising a CPU, but the controller 42 may alternatively comprise a CPU in combination with other components, such as the I/O circuit 56 and the system memory 44); and at least one processor in communication with the at least one memory, wherein the instructions, when executed by the at least one processor (see figure 2; paragraph [0069], showing the controller 42 in the gaming terminal 10 is depicted as comprising a CPU, but the controller 42 may alternatively comprise a CPU in combination with other components, such as the I/O circuit 56 and the system memory 44), 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 (see paragraphs [0091] and [0092], showing gaming system 1200 is displayed in FIGS. 12-16, in which stored awards may be displayed as prior outcomes on the display and the prior outcomes may be re-awarded in response to a triggering event. A prior outcome, in an embodiment, may be an award that was previously awarded, and the prior outcome may also comprise a display of the state of the wagering game 1260 associated with the prior outcome. In one embodiment prior outcomes may be displayed and stored in sequential order so as to form an Award History tracker--that is, displayed in the order the prior outcomes were awarded); 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 (see paragraph [0006], showing the controller is operatively configured to: generate a first outcome of the wagering game; cause the display to display the first outcome; award a first award associated with the first outcome); cause display of the first game outcome amount to be added to the first plurality of past game outcome amounts (see paragraph [0006], showing the controller configured to store the first award in a stored awards group, the stored awards group generally comprising at least one previously awarded award; cause the display to display the stored awards group comprising the first award); receive an input of a second input amount for a second play of the electronic game (see paragraphs [0144] and [0165], showing a player of the wagering game 2260 may place an additional wager prior to game play, or prior to reveal of the wagering game outcome, to enable the win it again feature); 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 paragraphs [0006], [0016], [0165], showing a player of the wagering game 2960 may place an additional wager prior to game play, or prior to reveal of the wagering game outcome, to have a previously awarded award stored in the stored awards group. For example, the input of the extra wager itself causes any award for the corresponding play of the wagering game to be automatically added to the stored awards group).
Regarding claims 2 and 11: Jaffe et al discloses wherein the instructions further cause the at least one processor to cause display of the first game outcome in a first display area and cause display of the first plurality of past game outcome amounts in a second display area (see figured 2, 21; paragraphs [0006], [0012], showing the controller is operatively configured to: generate a first outcome of the wagering game; cause the display to display the first outcome; award a first award associated with the first outcome).
Regarding claims 3 and 12: Jaffe et al discloses wherein the instructions further cause the at least one processor to cause display of at least one outcome amount of the first plurality of past game outcome amounts to be removed from the first display area when display of the first game outcome amount is added to the first plurality of past game outcome amounts in the first display area (see paragraph [0008], showing the controller may be further configured to remove a preselected one of the stored awards from the stored awards group).
Regarding claims 4 and 13: Jaffe et al discloses wherein the at least one outcome amount comprises an oldest outcome amount of the first plurality of past game outcome amounts (see paragraph [0077], showing each stored award field 470, 472, 474, 476, 478 displays a value of a stored award arranged in a consecutive order (left to right) with the oldest stored award in the left most award field 470 and the most recent stored award in the right most award field 478).
Regarding claims 5 and 14: Jaffe et al discloses wherein the instructions further cause the at least one processor to cause display of the first plurality of past game outcome amounts in response to receiving an input of the first input amount for the first play of the electronic game (see paragraphs [0091] and [0092], showing gaming system 1200 is displayed in FIGS. 12-16, in which stored awards may be displayed as prior outcomes on the display and the prior outcomes may be re-awarded in response to a triggering event. A prior outcome, in an embodiment, may be an award that was previously awarded, and the prior outcome may also comprise a display of the state of the wagering game 1260 associated with the prior outcome. In one embodiment prior outcomes may be displayed and stored in sequential order so as to form an Award History tracker--that is, displayed in the order the prior outcomes were awarded).
Regarding claims 6 and 15: Jaffe et al discloses wherein the instructions further cause the at least one processor to cause display of the first plurality of past game outcome amounts based upon the first plurality of past game outcome amounts being stored in a first plurality of data registers associated with the first input amount (see paragraphs [0091] and [0092], showing gaming system 1200 is displayed in FIGS. 12-16, in which stored awards may be displayed as prior outcomes on the display and the prior outcomes may be re-awarded in response to a triggering event. A prior outcome, in an embodiment, may be an award that was previously awarded, and the prior outcome may also comprise a display of the state of the wagering game 1260 associated with the prior outcome. In one embodiment prior outcomes may be displayed and stored in sequential order so as to form an Award History tracker--that is, displayed in the order the prior outcomes were awarded).
Regarding claims 7 and 16: Jaffe et al discloses wherein the instructions further cause the at least one processor to cause display of the second plurality of past game outcome amounts based upon the second plurality of past game outcome amounts being stored in a second plurality of data registers associated with the second input amount (see paragraphs [0091] and [0092], showing gaming system 1200 is displayed in FIGS. 12-16, in which stored awards may be displayed as prior outcomes on the display and the prior outcomes may be re-awarded in response to a triggering event. A prior outcome, in an embodiment, may be an award that was previously awarded, and the prior outcome may also comprise a display of the state of the wagering game 1260 associated with the prior outcome. In one embodiment prior outcomes may be displayed and stored in sequential order so as to form an Award History tracker--that is, displayed in the order the prior outcomes were awarded).
Regarding claims 8 and 17: Jaffe et al discloses wherein one or more of the first plurality of data registers or the second plurality of data registers are stored in the at least one memory or at least one server in communication with the electronic gaming device (see figure 2; paragraph [0069], showing the controller 42 in the gaming terminal 10 is depicted as comprising a CPU, but the controller 42 may alternatively comprise a CPU in combination with other components, such as the I/O circuit 56 and the system memory 44).
Regarding claims 9 and 19: Jaffe et al discloses wherein the instructions further cause the at least one processor to determine the first game outcome based upon at least one message received from at least one server, wherein the at least one message is associated with the first game outcome amount (see paragraph [0057], showing by way of example, such information may include information associated with wagering games, non-wagering games, community games, progressives, advertisements, services, premium entertainment, text messaging, emails, alerts or announcements, broadcast information, subscription information, etc. ).
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Alderucci et al discloses game with player actuated control structure; Walker et al discloses gaming system and method for providing and redeeming partial wagering game outcomes; Bolling et al discloses systems and methods for utilizing historical game data for subsequent gameplay.
9. 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).
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, Peter Vasat can be reached at (571)270-7625. 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.
/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715