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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,033,460. 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 12,033,460 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 a method, device, and server comprising: a processor circuit; and a memory coupled to the processor circuit, wherein the memory comprises computer program instructions that, when executed by the processor circuit, cause the server to perform operations comprising: receiving user interest data that comprises data corresponding to user-specific non-gaming interests of a user; comparing the user interest data to an electronic gaming machine (EGM) that is provided by a gaming operator that operates a plurality of gaming devices; and responsive to determining that the user interest data corresponds to the EGM, causing a targeted offer message that corresponds to the EGM to be sent to the user, wherein the EGM comprises content that corresponds to a portion of the user interest data, wherein the user interest data is based on mobile device usage corresponding to a software application that is unrelated to the EGM, that is used on the mobile device, and that receives data from the user that indicates the user’s interest, and wherein the receiving user interest data comprises receiving the user interest data responsive to the mobile device receiving a request (see claim 1 of U.S. Patent No. 12,033,460).
The following claim chart shows the claim-to-claim comparison between the independent claims from both applications.
18/736,591
12,033,460
1. A server comprising:
a processor circuit; and
a memory coupled to the processor circuit, wherein the memory comprises computer program instructions that, when executed by the processor circuit, cause the server to perform operations comprising:
receiving user interest data that comprises data corresponding to user-specific non-gaming interests of a user;
comparing the user interest data to an electronic gaming machine (EGM) that is provided by a gaming operator that operates a plurality of gaming devices; and
responsive to determining that the user interest data corresponds to the EGM, causing a targeted offer message that corresponds to the EGM to be sent to the user, wherein the EGM comprises content that corresponds to a portion of the user interest data,
wherein the user interest data is based on mobile device usage corresponding to a software application that is unrelated to the EGM, that is used on the mobile device, and that receives data from the user that indicates the user’s interest, and
wherein the receiving user interest data comprises receiving the user interest data responsive to the mobile device receiving a request.
17. A method comprising:
receiving, into a data repository corresponding to a mobile device of a user, input data that is received via a plurality of non-gaming software applications operating on the mobile device;
storing elements of the input data as identifiers corresponding to user non-gaming interests;
sending, to a gaming operator device, user interest data corresponding to the elements of the input data; and
receiving a targeted offer message that corresponds to an electronic gaming machine (EGM) that relates to the user interest data,
wherein the EGM comprises content that corresponds to a portion of the user interest data, and
wherein the targeted offer message comprises an offer to provide a discount corresponding to an entertainment experience.
19. A device comprising:
processor circuit; and
a memory coupled to the processor circuit, wherein the memory comprises computer program instructions that, when executed by the processor circuit, cause the processor circuit to perform operations comprising:
receiving, from a user, user inputs corresponding to a plurality of non-gaming software applications that operate on the device and that correspond to user-specific interests of the user;
comparing user interest data to a gaming opportunity that is provided by a gaming operator that operates a plurality of gaming devices; and
responsive to determining that an element of the user interest data corresponds to the gaming opportunity,
causing a targeted offer message that corresponds to the gaming opportunity to be sent to the user,
wherein the gaming opportunity comprises an entertainment experience at an EGM at a casino operated by the gaming operator.
1. A server comprising:
a processor circuit; and
a memory coupled to the processor circuit, wherein the memory comprises computer program instructions that, when executed by the processor circuit, cause the server to perform operations comprising:
receiving user interest data that comprises data corresponding to user-specific non-gaming interests of a user;
comparing the user interest data to a gaming opportunity that is provided by a gaming operator that operates a plurality of gaming devices; and
responsive to determining that the user interest data corresponds to the gaming opportunity, causing a targeted offer message that corresponds to the gaming opportunity to be sent to the user, wherein the gaming opportunity comprises an electronic gaming machine (EGM) that comprises content that corresponds to a portion of the user interest data,
wherein the user interest data is based on mobile device usage corresponding to a software application that is unrelated to the gaming opportunity, that is used on the mobile device, and that receives data from the user that indicates the user's interest, wherein the software application comprises entertainment media, and
wherein the receiving user interest data comprises: causing a request for user interest data to be sent to the mobile device; receiving the user interest data responsive to the mobile device receiving the request, and wherein the user interest data comprises updated user interest data.
14. A method comprising:
receiving, into a data repository corresponding to a mobile device of a user, input data that is received via a plurality of non-gaming software applications operating on the mobile device wherein a first one of the plurality of non-gaming software applications comprises a sports related application;
storing elements of the input data as identifiers corresponding to user non-gaming interests;
sending, to a gaming operator device, user interest data corresponding to the elements of the input data; and
receiving a targeted offer message that corresponds to a gaming opportunity that relates to the user interest data,
wherein the gaming opportunity comprises an electronic gaming machine (EGM) that comprises content that corresponds to a portion of the user interest data,
wherein the targeted offer message comprises a video graphic that corresponds to an attract mode of the EGM, wherein the gaming opportunity comprises an entertainment experience at a casino operated by the gaming operator, and wherein the targeted offer message comprises an offer to provide a discount corresponding to the entertainment experience.
16. A device comprising:
processor circuit; and
a memory coupled to the processor circuit, wherein the memory comprises computer program instructions that, when executed by the processor circuit, cause the server to perform operations comprising:
receiving, from a user, user inputs corresponding to a plurality of non-gaming software applications that operate on the device and that correspond to user-specific interests of the user wherein a first one of the plurality of non-gaming software applications comprises a social media software application;
comparing the user interest data to a gaming opportunity that is provided by a gaming operator that operates a plurality of gaming devices; and
responsive to determining that an element of the user interest data corresponds to the gaming opportunity,
causing a targeted offer message that corresponds to the gaming opportunity to be sent to the user,
wherein the gaming opportunity comprises an entertainment experience at a casino operated by the gaming operator, and wherein the targeted offer message comprises an offer to provide a discount corresponding to the entertainment experience.
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. Cleveland et al discloses systems and methods for controlling electronic gaming machine usage; Fife et al discloses systems and methods for automatic program recommendations based on user interactions.
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715