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 .
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 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) fundamental economic practices including rules for conducting a wagering game. This judicial exception is not integrated into a practical application because the claims simply use a computer to implement the abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the computer is well-understood, routine, and conventional.
The application is directed to a method and system for providing a blackjack game with a first and second rule set. Based on the selected rule set, the player is able to play a variant of blackjack. As noted in the MPEP § 2106.04(a)(2), fundamental economic principles are considered abstract ideas, with examples of fundamental economic practices including rules for conducting a wagering game, In re Smith, 815 F.3d 816, 818-19, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016). The claimed invention is clearly directed to providing rules for conducting the wagering game of blackjack, and therefore is considered abstract.
While the claims include limitations directed to a computer, it is not considered a practical application as the computer is merely used as a vehicle for implementing the abstract idea in a computer, which the courts have identified as not integrating judicial exceptions into a practical application. Finally, as the additional elements comprise entirely of generic, routine, and conventional components (e.g. the limitations directed to a computer system, processor, programming, etc.), the claims must be held as ineligible under 35 U.S.C. 101.
Allowable Subject Matter
Claims 1-19 would be allowable upon overcoming the rejections in view of 35 U.S.C. 101.
The following is a statement of reasons for the indication of allowable subject matter: there is no teaching or suggestion in the prior art of a game of blackjack wherein, in a game mode with a rule set where players hit only after a dealer hand is completed and exposed, when the dealer hand is bust, providing additional cards to the player hand as needed until the player hand value exceeds a minimum value.
Green (US 6,182,969) teaches much of the claimed invention, including a variant of blackjack where the dealer completes their hand before players play out their hands. However, in Green, when the dealer busts, all participating players immediately win that hand. The Examiner is unable to find a teaching in the prior art of a variant of blackjack wherein, in addition to completing the dealer hand before player hands, in the case of a bust, players must continue being dealt hands until a minimum value is exceeded. Typically, the prior art teaches this requirement only in traditional blackjack before the dealer hand has been addressed, and the Examiner can find no motivation or reason for the variant taught by Green to also include this limitation as Green discloses the advantages of this rule set being that players can enjoy a win without risk when the dealer busts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Y Kim whose telephone number is (571)270-3215. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN Y KIM/Primary Examiner, Art Unit 3715
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