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 Amendments
This communication is in response to the amendments filed on 24 November 2025:
Claims 1-20 are pending.
Response to Arguments
In response to Applicant’s remarks filed on 24 November 2025:
a. Applicant’s arguments that the Examiner is improperly working backwards from the claimed invention to piece together elements from each of Yang and Kim and Yasuhara and such a rejection premised on hindsight reconstruction is improper and should be withdrawn has been fully considered but is deemed not-persuasive. The Examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so. In addition, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant’s disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
b. Applicant’s arguments that Yang does not teach or suggest determining “a list of a plurality of software packages to be individually authenticated,” has been fully considered but is deemed not-persuasive. Applicant’s attention is directed to Yang, Paragraph [0011], see “…an external electronic device performs authentication for a selected applet identification, instead of performing authentication for all of the applets stored in the electronic device, thereby reducing the time required for authentication”, which is being read as individually authenticating each software package (applet). Applicant’s attention is further directed to Yang, Paragraph [0064], see “…the security module 330 may produce an applet identification (application identification) (AID) list that includes AIDs of the respective applets stored in the security module 330”, where “AIDs of the respective applets” is being read as comprising a list of a plurality of software packages (respective applets) to be individually authenticated.
c. Applicant’s arguments that Yang does not teach or suggest sorting a list of software packages into an authentication order based on priority has been fully considered but is deemed not-persuasive. Applicant’s attention is directed to Yang, Paragraph [0180], see “…the applet 805 may change or produce priority information…The priority may represent the order in which authentication is performed on the external electronic device 500”, which is being read as sorting the list of the plurality of software into an authentication order determined based on an authentication priority.
d. Applicant’s arguments that Yang does not teach or suggest initiating an authentication of applets in any way, much less based on an authentication order has been fully considered but is deemed not-persuasive. Applicant’s attention is directed to Yang, FIG. 9, see “907”, which performs authentication using information related to selected AID, wherein the selected AID is based on highest priority order (authentication order) from among AIDS included in the list.
e. Applicant’s arguments that Yasuhara does not teach or suggest executing authenticated software packages in any way, much less executing a software package after the software package is authenticated and before each of the software packages have been authenticated has been fully considered but is deemed not-persuasive. Applicant’s attention is directed to Yasuhara, Abstract, see “…The application execution unit executes the application when the authentication performed by the second authentication unit based on the request by the request unit has succeeded”, which is analogous to a software package of the plurality of software packages is executed after that software package is authenticated. Applicant’s attention is further directed to Yasuhara, Claim 11, see “…wherein the application module is a plurality of application modules, and wherein the second authenticator is configured to perform authentication separately for each application module”, which is analogous to authenticating each application module separately and executing each one after authentication is successful, before authenticating the next software package.
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries 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.
Claims 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over YANG et al. (U.S. PGPub. 2020/0391695), hereinafter Yang, in view of Kim et al. (U.S. PGPub. 2014/0250299), hereinafter Kim, in further view of Yasuhara (U.S. Patent 9,350,900).
Regarding claim 1, Yang teaches
a processor (Yang, FIG. 3, see “PROCESSOR 310”); and
a memory device that stores a plurality of instructions that, when executed by the processor (Yang, FIG. 3, see “MEMORY 340”, “SECURITY MODULE 330”, which stores instructions), cause the processor to:
determine a list of a plurality of software packages to be individually authenticated (Yang, Paragraph [0011], see “…an external electronic device performs authentication for a selected applet identification, instead of performing authentication for all of the applets stored in the electronic device, thereby reducing the time required for authentication”, which is being read as individually authenticating each software package (applet)) (Yang, Paragraph [0064], see “…the security module 330 may produce an applet identification (application identification) (AID) list that includes AIDs of the respective applets stored in the security module 330”, where “AIDs of the respective applets” is being read as comprising a list of a plurality of software packages (respective applets) to be individually authenticated)
sort the list of the plurality of software packages into an authentication order determined based on an authentication priority (Yang, Paragraph [0180], see “…the applet 805 may change or produce priority information…The priority may represent the order in which authentication is performed on the external electronic device 500”, which is being read as sorting the list of the plurality of software into an authentication order determined based on an authentication priority),
initiate, based on the authentication order, an authentication of the plurality of software packages (Yang, FIG. 9, see “907”, which performs authentication using information related to selected AID, wherein the selected AID is based on highest priority order (authentication order) from among AIDS included in the list),
Yang does not teach the following limitation(s) as taught by Kim: An electronic gaming machine (Kim, Paragraph [0003], see “…This is to ensure that the applications in the gaming machine are not tampered with”)
determine a list of a plurality of software packages to be individually authenticated prior to being individually executed (Kim, Paragraph [0003], see “Executable software applications that run on electronic wager based games should be authenticated prior to execution”, which is analogous to individually authenticating software packages (software applications) prior to being individually executed).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the techniques disclosed of Yang, by implementing techniques of a gaming machine, comprising authenticating software prior to being individually executed, disclosed of Kim.
One of ordinary skill in the art would have been motivated to make this modification in order to implement techniques for selective authentication of software of a gaming system, comprising of a gaming machine, comprising authenticating software prior to being individually executed. This allows for better security management by authenticating software before it is executed in order to prevent malware and unauthorized software from being executed. Kim is deemed as analogous art due to the art disclosing techniques of a gaming machine, comprising authenticating software prior to being individually executed (Kim, Paragraph [0003]).
Yang as modified by Kim do not teach the following limitation(s) as taught by Yasuhara: wherein a software package of the plurality of software packages is executed after that software package is authenticated and before each of the plurality of software packages have been authenticated (Yasuhara, Abstract, see “…The application execution unit executes the application when the authentication performed by the second authentication unit based on the request by the request unit has succeeded”, which is analogous to a software package of the plurality of software packages is executed after that software package is authenticated) (Yasuhara, Claim 11, see “…wherein the application module is a plurality of application modules, and wherein the second authenticator is configured to perform authentication separately for each application module”, which is analogous to authenticating each application module separately and executing each one after authentication is successful, before authenticating the next software package).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the techniques disclosed of Yang, and techniques disclosed of Kim, by implementing techniques of executing software after it is authenticated and before each of the software packages have been authenticated, disclosed of Yasuhara.
One of ordinary skill in the art would have been motivated to make this modification in order to implement techniques for selective authentication of software of a gaming system, comprising of executing software after it is authenticated and before each of the software packages have been authenticated. This allows for better security management and authentication efficiency by authenticating each software and individually executing each software after they have been authenticated to make sure they run properly. Yasuhara is deemed as analogous art due to the art disclosing techniques of executing software after it is authenticated and before each of the software packages have been authenticated (Yasuhara, Abstract).
Regarding claim 12, the claim is rejected under the same reasoning as claim 1.
Claims 2-9 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Kim, in further view of Yasuhara, in further view of Nelson et al. (AU 2012/203188), hereinafter Nelson.
Regarding claim 2, Yang as modified by Kim and further modified by Yasuhara do not teach the following limitation(s) as taught by Nelson: The electronic gaming machine of Claim 1, wherein the authentication priority is associated with a historic use of the electronic gaming machine (Nelson, Paragraph [0047], see “…gaming operating system 404 may receive data from a remote device or server, such as player tracking server 206…or from memory area 106, indicative of a player’s game or play history and may rank or may order gaming packages 406 in order of the popularity of gaming packages 406 with respective to the player”, which is analogous to the authentication priority being associated with a historic use (play history)).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the techniques disclosed of Yang, techniques disclosed of Kim, and techniques disclosed of Yasuhara, by implementing techniques of the authentication priority being associated with a historic use, disclosed of Nelson.
One of ordinary skill in the art would have been motivated to make this modification in order to implement techniques for selective authentication of software of a gaming system, comprising of the authentication priority being associated with a historic use. This allows for better security management, as well as for a more user-friendly environment by prioritizing authentication on player games based on their play history and popularity. Nelson is deemed as analogous art due to the art disclosing techniques of the authentication priority being associated with a historic use (Nelson, Paragraph [0047]).
Regarding claim 3, Yang as modified by Kim and further modified by Yasuhara do not teach the following limitation(s) as taught by Nelson: The electronic gaming machine of Claim 1, wherein the authentication priority is associated with an enablement of a game of the electronic gaming machine (Nelson, Paragraph [0054], see “…gaming machine 100 and authentication system 100 may increase player satisfaction by enabling gaming machine 100 to be accessible while gaming packages 406 may be in the process of being authenticated. If a player wants to play a game that has not yet been authenticated, authentication module 412 may prioritize the gaming package including the game above other gaming packages 406 in the authentication sequence”, which is analogous to the authentication priority being associated with an enablement of a game).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the techniques disclosed of Yang, techniques disclosed of Kim, and techniques disclosed of Yasuhara, by implementing techniques of the authentication priority being associated with an enablement of a game, disclosed of Nelson.
One of ordinary skill in the art would have been motivated to make this modification in order to implement techniques for selective authentication of software of a gaming system, comprising of the authentication priority being associated with an enablement of a game. This allows for better security management, as well as for a more user-friendly environment by prioritizing authentication on enabling a game to be played by the user. Nelson is deemed as analogous art due to the art disclosing techniques of the authentication priority being associated with an enablement of a game (Nelson, Paragraph [0054]).
Regarding claim 4, Yang as modified by Kim and further modified by Yasuhara do not teach the following limitation(s) as taught by Nelson: The electronic gaming machine of Claim 1, wherein the authentication priority is associated with an enablement of a feature associated with a game of the electronic gaming machine (Nelson, Paragraph [0041], see “…gaming packages 406 may be arranged or ordered within the list according to a predetermined sequence of authentication”) (Nelson, Paragraph [0051], see “…authentication module 412 may authenticate executable files and non-executable files, such as graphic files, sound files, data files, and/or any other files within gaming packages 406”, where “graphic files, sound files, data files, and/or any other files within gaming packages 406” is analogous to being associated with an enablement of a feature associated with a game, which are prioritized according to a predetermined sequence).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the techniques disclosed of Yang, techniques disclosed of Kim, and techniques disclosed of Yasuhara, by implementing techniques of the authentication priority being associated with an enablement of a feature associated with a game, disclosed of Nelson.
One of ordinary skill in the art would have been motivated to make this modification in order to implement techniques for selective authentication of software of a gaming system, comprising of the authentication priority being associated with an enablement of a feature associated with a game. This allows for better security management, as well as for a more user-friendly environment by prioritizing authentication on enabling a feature (specific files) associated with a game to be played by the user. Nelson is deemed as analogous art due to the art disclosing techniques of the authentication priority being associated with an enablement of a feature associated with a game (Nelson, Paragraph [0051]).
Regarding claim 5, Yang as modified by Kim and further modified by Yasuhara do not teach the following limitation(s) as taught by Nelson: The electronic gaming machine of Claim 1, wherein the authentication priority is associated with a regulatory requirement of the electronic gaming machine (Nelson, Paragraph [0056], see “…method 500 may include determining 502 a physical security of gaming machine 100…physical security device 302 may be used to detect if the cabinet of gaming machine 100 has been opened. If processor 104 and/or physical security device 302 determine 502 gaming machine 100 to be physically secured, processor 104 may authenticate 504 first bootup memory device 142 and instructions from first bootup memory device 142 may be executed”, which is being read as the authentication priority being associated with a regulatory requirement (physical security of device 302 and whether it is physically secured) due to the system prioritizing the security of the device 302 (regulatory requirement) before performing subsequent authentications).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the techniques disclosed of Yang, techniques disclosed of Kim, and techniques disclosed of Yasuhara, by implementing techniques of the authentication priority being associated with a regulatory requirement, disclosed of Nelson.
One of ordinary skill in the art would have been motivated to make this modification in order to implement techniques for selective authentication of software of a gaming system, comprising of the authentication priority being associated with a regulatory requirement. This allows for better security management by prioritizing authentication on regulatory requirements in order to verify compliance of the machine before granting access to the user and/or authenticating the software packages. Nelson is deemed as analogous art due to the art disclosing techniques of the authentication priority being associated with a regulatory requirement (Nelson, Paragraph [0056]).
Regarding claim 6, Yang as modified by Kim and further modified by Yasuhara do not teach the following limitation(s) as taught by Nelson: The electronic gaming machine of Claim 1, wherein the authentication priority is associated with a prioritization of one software package relative to a related software package (Nelson, Paragraph [0050], see “…authentication module 412 may prioritize the selected gaming package 406 above the next identified gaming package in the sequence (i.e., above a second gaming package 406)…the selected gaming package 406 may be authenticated after…first gaming package 406 and before second gaming package 406”, which is analogous to the authentication priority being associated with a prioritization of one software package (first gaming package 406) relative to a related software package (second gaming package 406)).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the techniques disclosed of Yang, techniques disclosed of Kim, and techniques disclosed of Yasuhara, by implementing techniques of the authentication priority being associated with a prioritization of one software package relative to a related software package, disclosed of Nelson.
One of ordinary skill in the art would have been motivated to make this modification in order to implement techniques for selective authentication of software of a gaming system, comprising of the authentication priority being associated with a prioritization of one software package relative to a related software package. This allows for better security management, as well as improved user-friendliness by prioritizing a specific software package to be authenticated before a related software package in cases where the game can be executable after a certain software package is authenticated without needing the related software package. Nelson is deemed as analogous art due to the art disclosing techniques of the authentication priority being associated with a prioritization of one software package relative to a related software package (Nelson, Paragraph [0050]).
Regarding claim 7, Yang as modified by Kim and further modified by Yasuhara do not teach the following limitation(s) as taught by Nelson: The electronic gaming machine of Claim 1, wherein the list of the plurality of software packages is determined after an authentication of an operating system of the electronic gaming machine and an authentication of a platform of the electronic gaming machine (Nelson, Paragraph [0057], see “…When processor 104 and/or first bootup memory device 142 may have authenticated 506 second bootup memory device 144, second bootup memory device 144 may authenticate 508 a first, or primary operating system 402…”, where “primary operating system 402” is analogous to authenticating an operating system of the electronic gaming machine) (Nelson, Paragraph [0058], see “…Authentication module 412…may authenticate 510 a second, or gaming operating system 404. If authentication module 412 may authenticate 510 gaming operating system 404, gaming operating system 404 may receive or may enable 512 local user input and/or input from a remote device for gaming machine 100”, where “authentication a second, or gaming operating system 404” is analogous to authenticating a platform of the electronic gaming machine, where the first and second authentications are performed before determining the list and authenticating a plurality of gaming packages as seen in FIG. 5).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the techniques disclosed of Yang, techniques disclosed of Kim, and techniques disclosed of Yasuhara, by implementing techniques of authenticating an operating system and a platform of the electronic gaming machine before authenticating the software packages associated with it, disclosed of Nelson.
One of ordinary skill in the art would have been motivated to make this modification in order to implement techniques for selective authentication of software of a gaming system, comprising of authenticating an operating system and a platform of the electronic gaming machine before authenticating the software packages associated with it. This allows for better security management and overall system efficiency by authenticating the core aspects of the gaming machine before deciding to authenticate the software that are stored within. Nelson is deemed as analogous art due to the art disclosing techniques of authenticating an operating system and a platform of the electronic gaming machine before authenticating the software packages associated with it (Nelson, Paragraphs [0057 – 0058]).
Regarding claim 8, Yang as modified by Kim and further modified by Yasuhara do not teach the following limitation(s) as taught by Nelson: The electronic gaming machine of Claim 1, wherein at least one of the plurality of software packages comprises game program code executable in association with a play of a game (Nelson, Paragraph [0049], see “…the authentication of gaming packages 406 may be player selectable and/or player overridable…the unauthenticated game may be indicated as unavailable, for example, by displaying the title of the game with a reduced opacity and/or using a reduced color palette…”, which is analogous to the one of the plurality of software packages comprising game program code executable in associated with a play of a game, due to the game being unavailable for play when it is unauthenticated).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the techniques disclosed of Yang, techniques disclosed of Kim, and techniques disclosed of Yasuhara, by implementing techniques of the software package comprising game program code executable in association with a play of a game, disclosed of Nelson.
One of ordinary skill in the art would have been motivated to make this modification in order to implement techniques for selective authentication of software of a gaming system, comprising the software package comprising game program code executable in association with a play of a game. This allows for better security management and improved efficiency for authenticating a game by analyzing a software package that contains files for the game. Nelson is deemed as analogous art due to the art disclosing techniques the software package comprising game program code executable in association with a play of a game (Nelson, Paragraph [0049]).
Regarding claim 9, Yang as modified by Kim and further modified by Yasuhara and Nelson teaches The electronic gaming machine of Claim 8, wherein at least one of the plurality of software packages is independent of any game program code (Yang, Paragraph [0011], see “…an external electronic device performs authentication for a selected applet identification, instead of performing authentication for all of the applets stored in the electronic device, thereby reducing the time required for authentication”, where “applet” is being read as comprising a software package that is independent of any game program code).
Regarding claim 13, the claim is rejected under the same reasoning as claim 2.
Regarding claim 14, the claim is rejected under the same reasoning as claim 3.
Regarding claim 15, the claim is rejected under the same reasoning as claim 4.
Regarding claim 16, the claim is rejected under the same reasoning as claim 5.
Regarding claim 17, the claim is rejected under the same reasoning as claim 6.
Regarding claim 18, the claim is rejected under the same reasoning as claim 7.
Regarding claim 19, the claim is rejected under the same reasoning as claim 8.
Regarding claim 20, the claim is rejected under the same reasoning as claim 9.
Allowable Subject Matter
Claims 10-11 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODMAN ALEXANDER MAHMOUDI whose telephone number is (571)272-8747. The examiner can normally be reached on M-F 11:00am – 7:00pm.
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/RODMAN ALEXANDER MAHMOUDI/Examiner, Art Unit 2499