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 .
2. This communication is in response to Application No. 18/745,402 filed on 06/17/2024.
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement
IDS filed on 07/01/2024 is considered.
The drawings filed on 06/17/2024 are noted.
6. This application is a continuation of U.S. application No. 18/111,820 filed on 02/20/2023 now U.S Patent 12,014,601 See MPEP 201.07. In accordance with MPEP 609.02 A.2 and MPEP 2001.06 (b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP 2001.06 (b) (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Patent Application need not be resubmitted in this application unless Applicants desire the information to be printed on a patent issuing from this application. See MPEP 609.02 A. 2. Finally, Applicants are reminded that the prosecution history of the Patent Application is relevant in this application.
Claim Rejections - 35 USC § 101
7. 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.
8. Claims 1, 10, 20, and all dependent claims are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claims 1, 10, 20 and all dependent claims recite the limitations of: a gaming device comprising: a display including a first plurality of card positions for displaying a first poker hand, and a second plurality of card positions for displaying a second poker hand and a wager acceptor structured to receive a physical item associated with a currency value.
The limitations of a gaming device comprising: a display including a first plurality of card positions for displaying a first poker hand, and a second plurality of card positions for displaying a second poker hand and a wager acceptor structured to receive a physical item associated with a currency value, as drafted, is a product that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claims preclude the limitations from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claims 1, 10, 20 and all dependent claims recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claims only recite one additional element using a processor to receive a signal from the wager acceptor indicating receipt of a physical item associated with the current value; increase the credit amount in memory based upon the received signal from the wager acceptor; receive a signal on the gaming device to initiate a first poker game, the signal indicating a wager amount, where the credit amount stored in the memory is reduced by the the wager amount; deal virtual cards to the first plurality of card positions on the display to form a first dealt poker hand; determine if a dice feature is randomly triggered after the first dealt poker hand is displayed, wherein if a dice feature is triggered. This additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea
In the instant case, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because it is unclear who is performing the steps recited in the claim. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of associating the first bonus multiplier with the first poker hand for the second poker game if the first poker hand was associated with the first bonus multiplier but not associated with the second bonus multiplier in the first poker game; associate the third bonus multiplier with the second poker hand for the second poker game if the third bonus multiplier was associated with the second poker hand in the first poker game; and associate the first bonus multiplier with the second poker hand for the second poker game if the second poker hand was associated with the first bonus multiplier but not associated with the third bonus multiplier in the first poker game. Thus, the additional element fails to ensure the claims as a whole amount to significantly more than the judicial exception itself. Accordingly, claims 1, 10, 20 and all dependent claims are ineligible under 35 U.S.C. 101.
Double Patenting
9. 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. See 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);and, 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) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 10-20 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Pat. No.12,014,601. Although the conflicting claims are not identical, they are not patentably distinct from each other. Accordingly, it would have been obvious to those in possession of the invention defined by claims 10-20 to observe that the limitations described in claims 10-20 are already incorporated in claims 1-20 of U.S. Pat. No.12,014,601. Therefore, one of ordinary skill in the art would have realized the omission of ” determine if a bonus multiplier feature is randomly triggered; initiate the bonus multiplier feature when the bonus multiplier feature is determined to be triggered to randomly determine a bonus multiplier; randomly select a plurality of virtual playing cards to present in the card positions of the poker hand for the first poker game; and randomly select a plurality of virtual playing cards to present in the card positions to form a poker hand for the second poker game” from application no. 18/18/111,820 is an obvious expedient since the remaining elements perform the same functions as before. In re Karlson, 136 USPQ 184 (CCPA 1963.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to PIERRE E ELISCA whose telephone number is (571) 272-6706. The Examiner can normally be reached on Monday -Thursday; 6:30AM- 7:30PM. Hoteler.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Hu Kang can be reached on 571 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PIERRE E ELISCA/Primary Examiner, Art Unit 3715
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