DETAILED ACTION
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,106,639 (Hereinafter ‘639) in view of Parisien, US 2006/0121973. Claim 2 of the present application is representative of Independent Claims 2, 16, and 17 and is taught by the limitations of Claim 1 of ‘639 as mapped below, with the exception of a communication device communicatively coupling the server to a network. Parisien teaches this missing limitation (Fig. 1 and Par. 98) and it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the server of ‘639 to include a communication device for coupling the server to a network in order to allow user’s computing device to connect to the server over the network to play the game.
Present Application (Claim 2)
US 12,106,639 (Claim 1)
A server comprising: a detector capable of capturing optical images; and at least one processor configured to control: capturing, using the detector, and during a live card game, images of cards dealt for a set of hands to players, and cards discarded from the set of hands and returned by players; comparing the captured images to detect a breach in security for the live card game based on a mismatch between expected cards and actual cards dealt and discarded;
A server comprising: at least one processor configured to control: a detector for obtaining an optical image of each card dealt for a set of hands of cards and each card discarded from the set of hands of cards; comparing optical images from the detector to determine whether a breach in security for a live card game occurred; based on the optical images:
based on the captured images:
transmitting, via the communication device, to a first mobile computing device of a first user, first information identifying a first set of cards of a first hand of the set of hands and all cards of a third hand of the set of hands, wherein the first set of cards of the first hand comprises at least one card of the first hand and less than all cards of the first hand;
based on the optical images: providing first information about the set of hands of cards to a first mobile computing device of a first user, wherein the first information identifies a first set of cards of a first hand of the set of hands, wherein the first information identifies all cards of a third hand of the set of hands, wherein the first set of cards of the first hand comprises at least one card of the first hand and less than all cards of the first hand;
transmitting, via the communication device, to a second mobile computing device of a second user, second information identifying a first set of cards of a second hand of the set of hands, wherein the first set of cards of the second hand comprises at least one card of the second hand but less than all cards of the second hand;
for each hand of cards of the set of hands, providing third information to the first mobile computing device and the second mobile computing device, wherein, for a given hand, the third information identifies a respective number of first wagers that the given hand will be a winning hand;
for each hand of cards of the set of hands, transmitting, via the communication device, to the first and second mobile computing devices, third information identifying a respective number of first wagers that a given hand will be a winning hand for the given hand;
for each hand of cards of the set of hands, transmitting, via the communication device, to the first and second mobile computing devices, third information identifying a respective number of first wagers that a given hand will be a winning hand for the given hand;
receiving, via the communication device and from at least one of the first and second mobile computing devices, a selection of an additional first wager for the given hand;
receiving, from at least one of the first mobile computing device and the second mobile computing device, a selection, via an interface of the at least one of the first mobile computing device and the second mobile computing device, of an additional first wager for the given hand;
and for each hand of cards of the set of hands, updating the third information
based on any respective additional first wagers placed after provision of at least one of the first information, the second information, and the third information.
and for each hand of cards of the set of hands, updating the third information based on any respective additional first wagers placed after at least one of the first information, the second information, and the third information was provided.
Dependent Claims 3-15 of the present application are taught by the limitations of Claims 2-14 of ‘639 respectively.
Dependent Claims 18-21 of the present application are taught by the limitations of Claims 2-5 of ‘639 respectively.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered. New grounds of rejection based on non-statutory double patenting have been provided with regard to new claims 2-21 as described above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL V LARSEN whose telephone number is (571)270-3219. The examiner can normally be reached Monday through Friday; 10:00 am - 6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARL V LARSEN/Examiner, Art Unit 3715
