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
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).
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Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,011,027 in view of Czyzewski et al (US 2008/0096628). Although the claims at issue are not identical, they are not patentably distinct from each other because the independent claim 1 (for instance) of the instant application includes at least most of the limitations, aside from slight difference in wording, of the US patent 11,011,027 limitations (as evident in the comparison table below). Furthermore, one skilled in the art would understand and recognize that they both disclose similar limitations including game entry and access granting apparatus comprising: a game network comprising data transmission equipment, at least one data processor, and at least one data storage device; said game network including hardware and/or software particularly configured to control said game network such that it operates to provide a game network access granting hub on which the following method steps are performed: an applicant-game-contestant electronically submitting applicant access credentials comprising identifying information to said game network access granting hub, accompanied by a request for access to a network of a plurality of games which are selectively accessible to applicant- game-contestants which have been approved for access to said game network access granting hub; said game network access granting hub receiving said applicant access credentials, processing said applicant access credentials, performing steps to verify a true identity of said applicant-game-contestant, and screening said applicant-game-contestant for criteria to permit or deny entry into said network of a plurality of games for participating in game play; wherein when said applicant-game-contestant is approved for access to said network of a plurality of games, said applicant-game-contestant is granted access to a plurality of electronic lotteries, sweepstakes, or other games, administered by an electronic game provider (see claim 1 of US Patent No. 11,011,027). Furthermore, one skilled in the art would understand and recognize that access credentials comprising the face of applicant game contestant, which is detectable using biometric/facial recognition technology would have been obvious in order to allow access from a contestant as a credential as taught by Czyzewski (see paragraph [0029], showing The verification may be entered by biometric identification systems (e.g., fingerprints, retinal scan, facial recognition, etc.)).
The following claim chart shows the claim-to-claim comparison between independent claims 1 from both applications.
18/641,109
11,011,027
1. A game entry and access granting apparatus comprising:
a game network comprising data transmission equipment, at least one data processor, and at least one data storage device;
said game network including hardware and/or software particularly configured to control said game network such that it operates to provide a game network access granting hub on which the following method steps are performed:
an applicant-game-contestant electronically submitting applicant access credentials comprising identifying information to said game network access granting hub, accompanied by a request for access to a network of a plurality of games which are selectively accessible to applicant- game-contestants which have been approved for access to said game network access granting hub;
said game network access granting hub receiving said applicant access credentials, processing said applicant access credentials, performing steps to verify a true identity of said applicant-game-contestant, and screening said applicant-game-contestant for criteria to permit or deny entry into said network of a plurality of games for participating in game play;
wherein when said applicant-game-contestant is approved for access to said network of a plurality of games, said applicant-game-contestant is granted access to a plurality of electronic lotteries, sweepstakes, or other games, administered by an electronic game provider; and
wherein said applicant access credentials comprise biometric data of said applicant-game- contestant, which is detectable using biometric data recognition technology and which is compared to biometric data of said applicant-game-contestant stored in a screening database associated with said game network access granting hub.
1. A game entry and access granting apparatus comprising:
a game network comprising data transmission equipment, at least one data processor, and at least one data storage device;
said game network including hardware and/or software particularly configured to control said game network such that it operates to provide a game network access granting hub on which the following method steps are performed:
an applicant-game-contestant electronically submitting applicant access credentials comprising identifying information to said game network access granting hub, accompanied by a request for access to a network of a plurality of games which are selectively accessible to applicant-game-contestants which have been approved for access to said game network access granting hub;
said game network access granting hub receiving said applicant access credentials, processing said applicant access credentials, performing steps to verify a true identity of said applicant-game-contestant, and screening said applicant-game-contestant for criteria to permit or deny entry into said network of a plurality of games for participating in game play;
wherein when said applicant-game-contestant is approved for access to said network of a plurality of games, said applicant-game-contestant is granted access to a plurality of third-party electronic lotteries, sweepstakes, or other games, administered by a third-party electronic game provider.
This is an obviousness-type double patenting rejection.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,067,850.
Although the claims at issue are not identical, they are not patentably distinct from each other because the independent claim 1 (for instance) of the instant application includes at least most of the limitations, aside from slight difference in wording, of the US patent 12,067,850 limitations (as evident in the comparison table below). Furthermore, one skilled in the art would understand and recognize that they both disclose similar limitations including game entry and access granting apparatus comprising: a game network comprising data transmission equipment, at least one data processor, and at least one data storage device; said game network including hardware and/or software particularly configured to control said game network such that it operates to provide a game network access granting hub on which the following method steps are performed: an applicant-game-contestant electronically submitting applicant access credentials comprising identifying information to said game network access granting hub, accompanied by a request for access to a network of a plurality of games which are selectively accessible to applicant- game-contestants which have been approved for access to said game network access granting hub; said game network access granting hub receiving said applicant access credentials, processing said applicant access credentials, performing steps to verify a true identity of said applicant-game-contestant, and screening said applicant-game-contestant for criteria to permit or deny entry into said network of a plurality of games for participating in game play; wherein when said applicant-game-contestant is approved for access to said network of a plurality of games, said applicant-game-contestant is granted access to a plurality of electronic lotteries, sweepstakes, or other games, administered by an electronic game provider; and wherein said applicant access credentials comprise biometric data of said applicant-game- contestant, which is detectable using biometric data recognition technology and which is compared to biometric data of said applicant-game-contestant stored in a screening database associated with said game network access granting hub (see claim 1 of US Patent No. 12,067,850).
The following claim chart shows the claim-to-claim comparison between independent claims 1 from both applications.
18/641,109
12,067,850
1. A game entry and access granting apparatus comprising:
a game network comprising data transmission equipment, at least one data processor, and at least one data storage device;
said game network including hardware and/or software particularly configured to control said game network such that it operates to provide a game network access granting hub on which the following method steps are performed:
an applicant-game-contestant electronically submitting applicant access credentials comprising identifying information to said game network access granting hub, accompanied by a request for access to a network of a plurality of games which are selectively accessible to applicant- game-contestants which have been approved for access to said game network access granting hub;
said game network access granting hub receiving said applicant access credentials, processing said applicant access credentials, performing steps to verify a true identity of said applicant-game-contestant, and screening said applicant-game-contestant for criteria to permit or deny entry into said network of a plurality of games for participating in game play;
wherein when said applicant-game-contestant is approved for access to said network of a plurality of games, said applicant-game-contestant is granted access to a plurality of electronic lotteries, sweepstakes, or other games, administered by an electronic game provider; and
wherein said applicant access credentials comprise biometric data of said applicant-game- contestant, which is detectable using biometric data recognition technology and which is compared to biometric data of said applicant-game-contestant stored in a screening database associated with said game network access granting hub.
1. A game entry and access granting apparatus comprising:
a game network comprising data transmission equipment, at least one data processor, and at least one data storage device;
said game network including hardware and/or software particularly configured to control said game network such that it operates to provide a game network access granting hub on which the following method steps are performed:
an applicant-game-contestant electronically submitting applicant access credentials comprising identifying information to said game network access granting hub, accompanied by a request for access to a network of a plurality of games which are selectively accessible to applicant- game-contestants which have been approved for access to said game network access granting hub;
said game network access granting hub receiving said applicant access credentials, processing said applicant access credentials, performing steps to verify a true identity of said applicant-game-contestant, and screening said applicant-game-contestant for criteria to permit or deny entry into said network of a plurality of games for participating in game play;
wherein when said applicant-game-contestant is approved for access to said network of a plurality of games, said applicant-game-contestant is granted access to a plurality of third-party electronic lotteries, sweepstakes, or other games, administered by a third-party electronic game provider; and
wherein said applicant access credentials comprise the face of said applicant-game- contestant, which is detectable using facial recognition technology and is compared to a facial image of said applicant-game-contestant stored in a screening database associated with said game network access granting hub.
This is an obviousness-type double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Livesay et discloses method and apparatus for remote identity proofing service issuing trusted identities; Royer et al discloses communications system; Pazhoor et al discloses systems and methods for biometric key generation in data access control, data verification, and path selection in block chain-linked workforce data management.
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
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