CTNF 18/745,642 CTNF 82660 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA The non-statutory 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 non-statutory 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 non-statutory 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 §§ 706.02(l)(1) - 706.02(l)(3) 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). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. 08-34 AIA Claim s 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claim s 1-7, 9, and 11-18 of U.S. Patent No. 12,051,301 . Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations claimed within the current claims are already covered by the patented claims. Examiner has produced a comparison below between the patented claims and the current pending claims . U.S. Patent No. 12,051,301 Current Claims 1. A slot machine interface board comprising: a first communication interface operable to communicate with a server of an account management system; a different, second communication interface operable to serially communicate, in accordance with a slot accounting system protocol, with a master gaming controller of an electronic gaming machine; a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: responsive to interfacing with a first device associated with a first account, communicate, via the first communication interface, data to the server of the account management system that results in establishing a first session associated with the first account at the electronic gaming machine, and responsive to interfacing, before a termination of the first session occurs, with a second device associated with a second account, communicate, via the first communication interface, data to the server of the account management system that results in: terminating the first session at the electronic gaming machine, and establishing a second session associated with the second account at the electronic gaming machine. 2. The slot machine interface board of claim 1, wherein the first device comprises a physical instrument and the second device comprises a mobile device executing a mobile device application associated with the second account. 3. The slot machine interface board of claim 1, wherein the first device comprises a first mobile device executing a first mobile device application associated with the first account, and the second device comprises a second mobile device executing a second mobile device application associated with the second account. 4. The slot machine interface board of claim 1, wherein the first account comprises any of a first player tracking account, a first cashless wagering account, and a first gaming establishment retail account, and the second account comprises any of a second player tracking account, a second cashless wagering account, and a second gaming establishment retail account. 5. The slot machine interface board of claim 1, wherein the first account is associated with a user and the second account is associated with the same user. 6. The slot machine interface board of claim 1, wherein the first device is associated with a user and the second device is associated with the same user. 7. The slot machine interface board of claim 1, wherein the first session and the second session are each part of a single gaming session. 9. A slot machine interface board comprising: a first communication interface operable to communicate with a server of an account management system; a different, second communication interface operable to serially communicate, in accordance with a slot accounting system protocol, with a master gaming controller of an electronic gaming machine; a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: responsive to a receipt of data associated with a first device, communicate, via the first communication interface, data to the server of the account management system that results in establishing a first session associated with a first account at the electronic gaming machine, and before a termination of the first session occurs and responsive to a receipt of data associated with a second device, communicate, via the first communication interface, data to the server of the account management system that results in: terminating the first session at the electronic gaming machine, and establishing a second session associated with a second account at the electronic gaming machine. 11. The slot machine interface board of claim 9, wherein the first device comprises any of a first physical instrument associated with the first account and a first mobile device executing a first instance of a mobile device application associated with the first account, and the second device comprises any of a second physical instrument associated with the second account and a second mobile device executing a second instance of the mobile device application associated with the second account. 12. A method of operating a slot machine interface board, the method comprising: responsive to interfacing with a first device associated with a first account, communicating, via a first communication interface, data to a server of an account management system that results in establishing a first session associated with the first account at an electronic gaming machine in communication with the slot machine interface board via a second, different communication interface operable to serially communicate in accordance with a slot accounting system protocol, and responsive to interfacing, before a termination of the first session occurs, with a second device associated with a second account, communicating, via the first communication interface, data to the server of the account management system that results in: terminating the first session at the electronic gaming machine, and establishing a second session associated with the second account at the electronic gaming machine. 13. The method of claim 12, wherein the first device comprises a physical instrument and the second device comprises a mobile device executing a mobile device application associated with the second account. 14. The method of claim 12, wherein the first device comprises a first mobile device executing a first mobile device application associated with the first account, and the second device comprises a second mobile device executing a second mobile device application associated with the second account. 15. The method of claim 12, wherein the first account comprises any of a first player tracking account, a first cashless wagering account, and a first gaming establishment retail account, and the second account comprises any of a second player tracking account, a second cashless wagering account, and a second gaming establishment retail account. 16. The method of claim 12, wherein the first account is associated with a user and the second account is associated with the same user. 17. The method of claim 12, wherein the first device is associated with a user and the second device is associated with the same user. 18. The method of claim 12, wherein the first session and the second session are each part of a single gaming session. 1. An account management system server comprising: a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: responsive to receiving, via a communication interface and from a slot machine interface board in communication with a master gaming controller of an electronic gaming machine, data of a first device associated with a first account, establish a first session associated with the first account at the electronic gaming machine, and before a termination of the first session occurs and responsive to receiving, via the communication interface and from the slot machine interface board, data of a second device associated with a second account: terminate the first session at the electronic gaming machine, and establish a second session associated with the second account at the electronic gaming machine. 2. The account management system server of Claim 1, wherein the first device comprises a physical instrument and the second device comprises a mobile device executing a mobile device application associated with the second account. 3. The account management system server of Claim 1, wherein the first device comprises a first mobile device executing a first mobile device application associated with the first account, and the second device comprises a second mobile device executing a second mobile device application associated with the second account. 4. The account management system server of Claim 1, wherein the first account comprises a first digital wallet and the second account comprises a second digital wallet. 5.The account management system server of Claim 1, wherein the first account is associated with a user and the second account is associated with the same user. 11.The account management system server of Claim 8, wherein the first account comprises a first player tracking account, and the second account comprises a second player tracking account. 6. The account management system server of Claim 1, wherein the first device is associated with a user and the second device is associated with the same user. 13. The account management system server of Claim 8, wherein the first device is associated with a user and the second device is associated with the same user. 7. The account management system server of Claim 1, wherein the first session and the second session are each part of a single gaming session. 8. A account management system server comprising: a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: responsive to a receipt of data associated with a slot machine interface board in communication with a master gaming controller of an electronic gaming machine interfacing with a first device associated with a first account, establish a first session associated with the first account at the electronic gaming machine, and before a termination of the first session occurs and responsive to a receipt of data associated with the slot machine interface board interfacing with a second device associated with a second account: terminate the first session at the electronic gaming machine, and establish a second session associated with the second account at the electronic gaming machine. 9. The account management system server of Claim 8, wherein the first device comprises a physical instrument and the second device comprises a mobile device executing a mobile device application associated with the second account. 10. The account management system server of Claim 8, wherein the first device comprises a first mobile device executing a first mobile device application associated with the first account, and the second device comprises a second mobile device executing a second mobile device application associated with the second account. 15. A method of operating an account management system server, the method comprising: responsive to receiving, via a communication interface and from a slot machine interface board in communication with a master gaming controller of an electronic gaming machine, data of a first device associated with a first account, establishing, by a processor, a first session associated with the first account at the electronic gaming machine, and before a termination of the first session occurs and responsive to receiving, via the communication interface and from the slot machine interface board, data of a second device associated with a second account: terminating, by the processor, the first session at the electronic gaming machine, and establishing, by the processor, a second session associated with the second account at the electronic gaming machine. 16. The method of Claim 15, wherein the first device comprises a physical instrument and the second device comprises a mobile device executing a mobile device application associated with the second account. 17. The method of Claim 15, wherein the first device comprises a first mobile device executing a first mobile device application associated with the first account, and the second device comprises a second mobile device executing a second mobile device application associated with the second account. 18. The method of Claim 15, wherein the first account comprises a first digital wallet and the second account comprises a second digital wallet. 19. The method of Claim 15, wherein the first account is associated with a user and the second account is associated with the same user. 12. The account management system server of Claim 8, wherein the first account is associated with a user and the second account is associated with the same user. 20. The method of Claim 15, wherein the first device is associated with a user and the second device is associated with the same user. 14. The account management system server of Claim 8, wherein the first session and the second session are each part of a single gaming session . Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims are directed to at least one of abstract idea groupings, according to the 2019 Revised Patent Subject Matter Guidelines ( Mathematical Concepts, Mental Processes and/or Certain Methods of Organizing Human Activity ). Further, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below. Step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance More specifically, regarding Step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a system and/or process, which is are statutory categories of invention. Step 2A-1 of the 2019 Revised Patent Subject Matter Eligibility Guidance Next, the claims are analyzed to determine whether it is directed to a judicial exception. Independent claim 1 recites the following, with the abstract ideas highlighted in bold, including an indication as to the abstract idea grouping(s) to which the indicated limitations belong to, according to the 2019 Revised Patent Subject Matter Guidelines . Independent claims 8 and 15, having substantially similar features, were also analyzed and to which the following conclusion is also applicable: 1. An account management system server comprising: a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: responsive to receiving , via a communication interface and from a slot machine interface board in communication with a master gaming controller of an electronic gaming machine, data of a first device associated with a first account , establish a first session associated with the first account at the electronic gaming machine (Mental Processes) , and before a termination of the first session occurs and responsive to receiving , via the communication interface and from the slot machine interface board, data of a second device associated with a second account (Mental Processes) : terminate the first session at the electronic gaming machine (Mental Processes) , and establish a second session associated with the second account at the electronic gaming machine ( Mental Processes ). The limitations in claim 1 ( as well as claim(s) 8 and 15 ) recite an abstract idea included in the groupings of Mental Processes , connected to technology only through application thereof using generic computing elements (e.g., a processor, a memory device, a communication interface, a slot machine interface board, a master gaming controller, etc.) and/or insignificant extra-solution activity. According to the 2019 Revised Patent Subject Matter Guidelines: Mental Processes include concepts performed in the human mind (including an observation, evaluation, judgement, opinion). Specifically, the instant claims include functions/limitations, as highlighted in the independent claim above, that constitute at least: A. Concepts performed in the human mind ( e.g., “ responsive to receiving , via a communication interface and from a slot machine interface board in communication with a master gaming controller of an electronic gaming machine, data of a first device associated with a first account , establish a first session associated with the first account at the electronic gaming machine ” ), which is an abstract idea included in the grouping of Mental Processes. These limitations are interpreted as at least Mental Processes insomuch as the claim limitations are directed to performing the concepts in the human mind, while only generically connected to interaction with a computer utilizing non-special purpose generic computing elements and/or insignificant extra-solution activity as set forth in the claims. Regarding dependent claims 2-7, 9-14, and 16-20: Each claim is dependent either directly or indirectly from the independent claim identified above and includes all the limitations of said independent claim. Therefore, each dependent claim recites the same abstract idea as identified above. Each of the dependent claim further describes additional aspects of the abstract idea, i.e., additional aspects to the Mental Processes. For example, some dependent claims merely provide additional Mental Processes to be performed and/or additional insignificant extra-solution activity, without anything more significant to establish eligibility under 35 U.S.C. 101. Step 2A-2 of the 2019 Revised Patent Subject Matter Eligibility Guidance The second prong of step 2a is the consideration if the claim limitations are directed to a practical application. Limitations that are indicative of integration into a practical application: -Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a) -Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo -Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b) -Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c) -Applying or using 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 - see MPEP 2106.05(e) and Vanda Memo Limitations that are not indicative of integration into a practical application: -Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f) -Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g) -Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h) Claims 1-20 clearly do not improve the functioning of a computer, as they only incorporate generic computing elements, do not effect a particular treatment, and do not transform or reduce a particular article to a different state or thing. Similarly, there is no improvement to a technical field. In addition the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way. The claimed invention does not suggest improvements to the functioning of a computer or to any other technology or technical field (see MPEP 2106.05 (a)). This judicial exception is not integrated into a practical application because the claimed invention merely applies the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea (MPEP 2106.05 (f)) and/or generally links the use of the judicial exception to a particular technology or field of use (MPEP 2106.05 (h)). The claimed computer components are recited at a level of generality and are merely invoked as tool to perform the abstract idea. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. For the reasons as discussed above, the claim limitations are not integrated to a practical application. Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance Next, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claim amounts to significantly more than the exception. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because no element or combination of elements is sufficient to ensure any claim of the present application as a whole amounts to significantly more than one or more judicial exceptions, as described above. For example, the recitations of utilization of “a processor, a memory device, a communication interface, a slot machine interface board, a master gaming controller ” , etc. used to apply the abstract idea merely implements the abstract idea at a low level of generality and fail to impose meaningful limitations to impart patent-eligibility. These elements and the mere processing of data using these elements do not set forth significantly more than the abstract idea itself applied on general purpose computing devices. The recited generic elements are a mere means to implement the abstract idea. Thus, they cannot provide the “inventive concept” necessary for patent-eligibility. “[I]f a patent’s recitation of a computer amounts to a mere instruction to ‘implement]’ an abstract idea ‘on ... a computer,’... that addition cannot impart patent eligibility.” Alice, 134 S. Ct. at 2358 (quoting Mayo, 132 S. Ct. at 1301) . As such, the significantly more required to overcome the 35 U.S.C. 101 hurdle and transform the claimed subject matter into a patent-eligible abstract idea is lacking. Accordingly, the claims are not patent-eligible. Further, the claims would require structure that is beyond generic, such as structure that can be interpreted analogous to a general purpose structure and general purpose computing elements in that they represent well-understood, routine, conventional elements that do not add significantly more to the claims. See Alice Corp. v. CLS Bank International , 134 S. Ct. at 2358-59. The elements of a processor, a memory device, a communication interface, a slot machine interface board, and a master gaming controller are well known conventional devices used to electronically implement a game as evidence by U.S. 2014/0121006, which discloses that a conventional gaming machine comprises elements such as a processor, a memory device, a communication interface, a slot machine interface board, and a master gaming controller to control the overall operation of the gaming machine (¶24). See Berkheimer v. HP Inc ., 881 F.3d 1360 (Fed. Cir. 2018). The dependent claims do not add “significantly more” for at least the same reasons as directed to their respective independent claims, at least based on the position, as discussed above, that each of the dependent claims merely provide additional limitations to further expand the abstract idea of the independent claims, without adding anything which would establish eligibility under 35 U.S.C. 101. Consequently, consideration of each and every element of each and every claim, both individually and as an ordered combination, leads to the conclusion that the claims are not patent-eligible under 35 USC §101. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Applicant is directed to the attached "Notice of References Cited" for additional relevant prior art. The Examiner respectfully requests the Applicant to fully review each reference as potentially teaching all or part of the claimed invention . Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON PINHEIRO whose telephone number is (571)270-1350. The examiner can normally be reached M-F 8:00A-4:30P ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached on (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Jason Pinheiro/Examiner, Art Unit 3715 /DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715 Application/Control Number: 18/745,642 Page 2 Art Unit: 3715 Application/Control Number: 18/745,642 Page 3 Art Unit: 3715 Application/Control Number: 18/745,642 Page 4 Art Unit: 3715 Application/Control Number: 18/745,642 Page 5 Art Unit: 3715 Application/Control Number: 18/745,642 Page 6 Art Unit: 3715 Application/Control Number: 18/745,642 Page 7 Art Unit: 3715 Application/Control Number: 18/745,642 Page 8 Art Unit: 3715 Application/Control Number: 18/745,642 Page 9 Art Unit: 3715 Application/Control Number: 18/745,642 Page 10 Art Unit: 3715 Application/Control Number: 18/745,642 Page 11 Art Unit: 3715 Application/Control Number: 18/745,642 Page 12 Art Unit: 3715 Application/Control Number: 18/745,642 Page 13 Art Unit: 3715 Application/Control Number: 18/745,642 Page 14 Art Unit: 3715 Application/Control Number: 18/745,642 Page 15 Art Unit: 3715 Application/Control Number: 18/745,642 Page 16 Art Unit: 3715 Application/Control Number: 18/745,642 Page 17 Art Unit: 3715 Application/Control Number: 18/745,642 Page 18 Art Unit: 3715 Application/Control Number: 18/745,642 Page 19 Art Unit: 3715
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