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 is in response to the amendments filed on 3/9/26. Claims 1, 11, and 18 have been amended. Claims 1 – 20 are pending in the current application.
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 of U.S. Patent No. 11,238,693.
Although the claims at issue are not identical, they are not patentably distinct from each other because the current claims are drawn towards the system and method claim versions of the parent, 11,238,693, except the current claims do not include a gaming controller and electrical connections being configured to transfer electrical power and data transfer between the core and the peripheral device. Therefore the current claims are a broader version of the parent claims regarding this feature, with the differences being shown by the underlined portions in the in table below. Independent claims 12 and 18 include similar language to that of independent claim 1, wherein dependent claims 2 – 10, 12 – 17, 19, and 20, include similar language as the dependent claims in the parent 11,238,693. Therefore the claims are not patentably distinct.
Pending Claim 1:
Patented Claim 1:
An electronic gaming device comprising: a core comprising a first kinematic coupling mechanism, the first kinematic coupling mechanism comprising a first electrical connector and one of a kinematic receiver or a kinematic pin; and a first peripheral device comprising a display device, the first peripheral device being attached and electrically connected to the core by a second kinematic coupling mechanism comprising a second electrical connector and the other of the kinematic receiver or the kinematic pin.
1. (Previously Presented) A modular electronic gaming machine comprising: a structural core of the modular electronic gaming machine comprising a gaming controller and a first kinematic coupling mechanism, wherein the first kinematic coupling mechanism comprises an electrical connector and one of a kinematic receiver and a kinematic pin, the electrical connector includes one or more electrical connections configured to transfer one or more of electrical power and data transfer between the structural core and an attached peripheral device; and a first peripheral device attached to the structural core via a second kinematic coupling mechanism, the second kinematic coupling mechanism comprises another electrical connector and the other of the kinematic receiver and the kinematic pin, the first kinematic coupling mechanism of the structural core is configured to couple to the second kinematic coupling mechanism of the first peripheral device to provide one or more of electrical power and data transfer between the first peripheral device and the structural core.
Response to Arguments
Applicant’s arguments with respect to claims 1 - 20 have been considered but are moot based on new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC M THOMAS whose telephone number is (571)272-1699. The examiner can normally be reached 9:00am - 5:00pm.
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, 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.
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.
/E.M.T/Examiner, Art Unit 3715
/JUSTIN L MYHR/Primary Examiner, Art Unit 3715
Prosecution Insights