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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4-6 and 15-17 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 4, 6, 15 and 17 each recite limitations the contradict and do not further limit the scope of the claims upon which they depend. Claims 3 and 14 require that “the created gaming establishment account is disabled from being transacted against.” Claims 4-6 and 15-17 require that transactions are enabled for the accounts disabled in claims 3 and 14. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception. The claims will be analyzed with respect to the Subject Matter Eligibility Test at MPEP§2106.
Subject Matter Eligibility – Step 1 (see MPEP§2106.03)
The claims recite one of the four statutory categories of subject matter.
Subject Matter Eligibility – Step 2A Prong 1 (see MPEP§2106.04(a-c))
The claims recite abstract ideas in the following categories;
Methods of organizing human activity such as fundamental economic principles or practices (including hedging, insurance, mitigating risk) see specifically “’Commercial interactions’ or ‘legal interactions’ include agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations.);” (MPEP§2106.04(a)(2)II; emphasis added) (hereinafter “MOHA”).
The abstract ideas have been noted in the claims below.
Regarding claim 1, in association with a creation of a gaming establishment credit account associated with a user (account creation being a commercial, contractual, legal or business interaction): request identifying information associated with the user from a gaming establishment credit system that maintains the gaming establishment credit account (acquiring ID is often a part of a commercial, contractual, legal or business interaction), wherein a first part of the identifying information was provided by the user in association with the creation of the gaming establishment credit account (prior associations and the recognition of such associations are part of a commercial, contractual, legal or business interaction), and responsive to a receipt of the identifying information associated with the user from the gaming establishment credit system, automatically and independent of the user reproviding at least the first part of the identifying information, create a gaming establishment account associated with the user (this is automatically setting up a commercial, contractual, legal or business interaction), wherein the creation of the gaming establishment account is at least partially based on the identifying information communicated from the component of the gaming establishment credit system (this is underlying abstract information that support a commercial, contractual, legal or business interaction).
Regarding claim 2, the system of Claim 1, wherein the gaming establishment account comprises a cashless wagering account (this is the nature of a commercial, contractual, legal or business interaction).
Regarding claim 3, the system of Claim 1, wherein the created gaming establishment account is disabled from being transacted against (this is a rule/constraint on a commercial, contractual, legal or business interaction).
Regarding claim 4, the system of Claim 3, wherein the created gaming establishment account is enabled to be transacted against based on an input received from the user (this is a rule/constraint on a commercial, contractual, legal or business interaction).
Regarding claim 5, the system of Claim 4, wherein the input is associated with an acceptance of the gaming establishment account (this is a rule/constraint on a commercial, contractual, legal or business interaction).
Regarding claim 6, the system of Claim 3, wherein the created gaming establishment account is enabled to be transacted against based on an input received independent of the user (this is a rule/constraint on a commercial, contractual, legal or business interaction).
Regarding claim 7, the system of Claim 1, wherein the gaming establishment credit account is associated with an amount of front money provided by the user (this is a rule/constraint on a commercial, contractual, legal or business interaction).
Regarding claim 8, the system of Claim 1, wherein funds associated with the gaming establishment credit account are accessible via a gaming establishment marker (this is a rule/constraint on a commercial, contractual, legal or business interaction).
Regarding claim 9, the system of Claim 1, wherein at least a second part of the identifying information associated with the user was provided by the user prior to the creation of the gaming establishment credit account (this is a rule/constraint on a commercial, contractual, legal or business interaction).
Regarding claims 10-20, these claims have abstract ideas as noted above regarding claims 1-9, mutatis mutandis.
Subject Matter Eligibility – Step 2A Prong 2 (see MPEP§2106.04(d))
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements are generic computer hardware; insignificant extra solution activity such as collecting information, analyzing it, and displaying certain results of the collection and analysis to data; and the use of software to tailor information and provide it to the user on a generic computer. These additional elements individually and in combination provide for limitations that do not integrate the judicial exception into a practical application. These additional elements (1) add “insignificant extra-solution activity to the judicial exception, as discussed in MPEP § 2106.05(g)” (MPEP§2106.04(d)I) and (2) generally link “the use of a judicial exception to a particular technological environment or field of use, as discussed in MPEP § 2106.05(h).” (MPEP§2106.04(d)I).
These additional elements individually and in combination are not limitations that provide for “improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a);” (MPEP§2106.04(d)I) apply or use the “judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, as discussed in MPEP § 2106.04(d)(2);” (MPEP§2106.04(d)I) implement the “judicial exception with, or using a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, as discussed in MPEP § 2106.05(b);” (MPEP§2106.04(d)I) effect “a transformation or reduction of a particular article to a different state or thing, as discussed in MPEP § 2106.05(c);” (MPEP§2106.04(d)I) or apply or use “the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception, as discussed in MPEP § 2106.05(e).” (MPEP§2106.04(d)I). As such the claims as a whole do not integrate the judicial exception into a practical application.
Subject Matter Eligibility – Step 2B (see MPEP§2106.05)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are well-understood, routine and conventional generic computer hardware and insignificant extra solution activity (see MPEP§2106.05).
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pub. 2019/0188962 by Higgins.
Regarding claim 1, Higgins discloses a system comprising: a processor; and a memory device that stores a plurality of instructions that, when executed by the processor (para. 3-4 – see system, processor and memory) in association with a creation of a gaming establishment credit account associated with a user (para. 22-26 – see setup of subsidiary account when creating master account), cause the processor to: request identifying information associated with the user from a component of a gaming establishment credit system that maintains the gaming establishment credit account (para. 22, 88-91 – see identifying information sent from the mobile device to the system for validation), wherein a first part of the identifying information was provided by the user in association with the creation of the gaming establishment credit account (para. 88-91 – see the identifying information that is stored on the gaming establishment management system), and responsive to a receipt of the identifying information associated with the user from the component of the gaming establishment credit system, automatically and independent of the user reproviding at least the first part of the identifying information, create a gaming establishment account associated with the user (para. 22-26 – see creation of the automatic creation of the subsidiary account), wherein the creation of the gaming establishment account is at least partially based on the identifying information communicated from the component of the gaming establishment credit system (para. 22-26 – see the subsidiary account having the credit of the master account and being based on the same credit).
Regarding claim 2, Higgins discloses the system of Claim 1, wherein the gaming establishment account comprises a cashless wagering account (para. 34 – see cashless wagering account).
Regarding claim 3, Higgins discloses the system of Claim 1, wherein the created gaming establishment account is disabled from being transacted against (para. 24-34 – see user restriction control of subsidiary account).
Regarding claim 4, Higgins discloses the system of Claim 3, wherein the created gaming establishment account is enabled to be transacted against based on an input received from the user (para. 24-34 – see user control of restrictions on the account).
Regarding claim 5, Higgins discloses the system of Claim 4, wherein the input is associated with an acceptance of the gaming establishment account (para. 24-34 – see the inputs by the user, Examiner notes that “associated with” is a broad limitation and the subsequent restrictions on the account are included in this limitation).
Regarding claim 6, Higgins discloses the system of Claim 3, wherein the created gaming establishment account is enabled to be transacted against based on an input received independent of the user (para. 24-34 – see automatic timeout).
Regarding claim 7, Higgins discloses the system of Claim 1, wherein the gaming establishment credit account is associated with an amount of front money provided by the user (para. 24-34 – see the limit based on user funding).
Regarding claim 8, Higgins discloses the system of Claim 1, wherein funds associated with the gaming establishment credit account are accessible via a gaming establishment marker (para. 52 – see marker association).
Regarding claim 9, Higgins discloses the system of Claim 1, wherein at least a second part of the identifying information associated with the user was provided by the user prior to the creation of the gaming establishment credit account (para. 73 – see the information held prior in the credit system).
Regarding claims 10 and 11, these claims are rejected as noted above regarding claim 1 when the marker/account is newly created and enabled at para. 49.
Regarding claims 12-20, these are rejected as noted above regarding claims 1-9, mutatis mutandis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER J IANNUZZI whose telephone number is (571)272-5793. The examiner can normally be reached M-F 9:30AM-5:30PM EST.
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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3715