Prosecution Insights
Last updated: October 01, 2026
Application No. 18/925,776

VERIFYING GAMING ESTABLISHMENT PATRON IDENTIFICATION

Non-Final OA §101
Filed
Oct 24, 2024
Priority
Mar 09, 2021 — continuation of 17/196,572
Examiner
HSU, RYAN
Art Unit
Tech Center
Assignee
Igt
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
1y 7m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
358 granted / 633 resolved
-3.4% vs TC avg
Strong +17% interview lift
Without
With
+17.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
41 currently pending
Career history
677
Total Applications
across all art units

Statute-Specific Performance

§101
28.5%
-11.5% vs TC avg
§103
32.2%
-7.8% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 633 resolved cases

Office Action

§101
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 Status Claims 1-20 are pending. 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 1-2, 4-7, 9-15, and 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a grouping abstract idea without significantly more. The claims, as exemplified by independent Claim 1, recite limitations which are directed an abstract idea such as: 1. A player tracking unit comprising: a player identification card reader; at least one of a first image capture device and a second image capture device; a first communication interface operable to communicate with a server of a gaming establishment patron management system; a second communication interface operable to communicate with a server of a gaming establishment cashless wagering system; a third 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 a player identification card by the player identification card reader, communicate, via the first communication interface and to the server of the gaming establishment patron management system, data associated with an identifier of a first user read from the player identification card, wherein when the identifier of the first user is read from the player identification card, no gaming establishment cashless wagering account is available to fund for the first user, -certain method of organizing human activity; following an occurrence of a gaming establishment account event after the identifier of the first user is read from the player identification card and responsive to first facial recognition data associated with an image of a presented picture identification document comprising a picture of a second user is obtained from the first image capture device, and second facial recognition data associated with an image of a third user is obtained from the second image capture device, communicate, via the second communication interface, the first facial recognition data and the second facial recognition data to the server of the gaming establishment cashless wagering system, wherein responsive to a determination that, based on a comparison of the first facial recognition data and the second facial recognition data, the second user and the third user are a same user, an identity of the first user is automatically verified in association with a gaming establishment cashless wagering account, wherein the determination that the second user and the third user are the first user occurs independent of any gaming establishment personnel, the verified gaming establishment cashless wagering account is available to fund, -certain method of organizing human activity and/or mental process; and the at least one of the first image capture device and the second image capture device is supported by a housing of the electronic gaming machine and after a funding of the gaming establishment cashless wagering account and a receipt, -certain method of organizing human activity; via the second communication interface and from the server of the gaming establishment cashless wagering system, of data associated with an approval of a transfer of an amount of funds from the gaming establishment cashless wagering account to the electronic gaming machine, data associated with an identifier of a first user read from the player identification card, wherein when the identifier of the first user is read from the player identification card, no gaming establishment cashless wagering account is available to fund for the first user, -certain method of organizing human activity; serially communicate, via the third communication interface and to the master gaming controller of the electronic gaming machine, data that results in an increase of a credit balance of the electronic gaming machine. -certain method of organizing human activity; The limitations, as underlined above, are found to recite a certain method of organizing human activity because they recite steps and/or instructions for managing a cashless wagering system to provide a fundamental economic activity for opening a gaming establishment cashless gaming account and funding a credit balance. Additionally, the claims recite steps and/or instructions for collecting information, analyzing the collected information, and transmitting the collected and analyzed information and/or mental processes by performing an observation, judgement, evaluation, and/or opinion to compare and determine whether the collected data indicates that the second and third user are the same user to verify a cashless wagering account. Therefore, the claims are found to recite an abstract idea under Step 2A-prong 1. This judicial exception is not integrated into a practical application because the additional limitations such as: “responsive to a receipt of a player identification card by the player identification card reader, communicate, via the first communication interface and to the server of the gaming establishment patron management system, data associated with an identifier of a first user read from the player identification card, wherein when the identifier of the first user is read from the player identification card, no gaming establishment cashless wagering account is available to fund for the first use;” -recites a rule and/or instructions for creating a fundamental economic transactions, data gathering steps, and/or a desired result of computer-implemented functionality by invoking highly generalized computer components performing their ordinary function which amounts to mere instructions to apply the exception (see MPEP 2106.05(f)-(h)); “following an occurrence of a gaming establishment account event after the identifier of the first user is read from the player identification card and responsive to first facial recognition data associated with an image of a presented picture identification document comprising a picture of a second user is obtained from the first image capture device, and second facial recognition data associated with an image of a third user is obtained from the second image capture device, communicate, via the second communication interface, the first facial recognition data and the second facial recognition data to the server of the gaming establishment cashless wagering system,” – recites a rule and/or instruction for managing a gaming establishment cashless account associated with a credit balance, data gathering of a first image capture device and second capture device; and reciting a desired functional result utilizing general functions of the highly generalized computer components that amount to mere instructions to implement the abstract idea, insignificant extra solution activity, and/or provide a technological environment (see MPEP 2106.05(f)-(h)); “after a funding of the gaming establishment cashless wagering account and a receipt, via the second communication interface and from the server of the gaming establishment cashless wagering system, of data associated with an approval of a transfer of an amount of funds from the gaming establishment cashless wagering account to the electronic gaming machine, data associated with an identifier of a first user read from the player identification card, wherein when the identifier of the first user is read from the player identification card, no gaming establishment cashless wagering account is available to fund for the first user, serially communicate, via the third communication interface and to the master gaming controller of the electronic gaming machine, data that results in an increase of a credit balance of the electronic gaming machine” – recites rules and/or instructions for managing a gaming establishment cashless account for funding a credit balance; a desired functional result of data by highly-generalized general functions of recited computer components such as a communication interface of information being transmitted over a network that amounts to mere instructions to apply the exception, insignificant extra solution activity, and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). The remaining limitations such as: “A player tracking unit comprising: a player identification card reader; at least one of a first image capture device and a second image capture device;” “a first communication interface operable to communicate with a server of a gaming establishment patron management system;” “a second communication interface operable to communicate with a server of a gaming establishment cashless wagering system;” “a third 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:” as reciting instructions to invoke a computer as a tool to implement the abstract idea, recite performance of insignificant extra solution activity of the abstract idea and/or provide a technological environment to perform the abstract idea (see MPEP 2106.05(f)-(h)). In particular, the additional elements such as “a player tracking card reader”, “at least one of a first image capture device and a second image capture device;” “a first communication interface operable to communicate with a server of a player tracking system”, “a second communication interface operable to communicate with a server of a gaming establishment cashless wagering system;” “a third communication interface operably to serially communicate, in accordance with a slot accounting system protocol, with a master gaming controller of an electronic gaming machine;” recite steps and/or instructions to invoke a computer to implement the abstract idea and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f),(h)). The remaining elements such as “a processor”, and “a memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to:” amounts to invoking highly generalized computer components to implement the abstract idea and/or a technological environment in which to perform the abstract idea (see MPEP 2106.05(f) and (h)). For at least these reasons, the claims do not integrate the claim into a practical application under Step 2A-prong 2. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because “a player tracking card reader”, “at least one of a first image capture device and a second image capture device”, “a first communication interface operable to communicate with a server of a gaming establishment cashless wagering system”, “a second communication interface operable to communicate with a server of a gaming establishment cashless wagering system”, “a third 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”, “a memory device” and “a housing of the electronic gaming machine” amount to invoking a computer as a tool to implement the abstract idea, add insignificant extra solution activity to the judicial exception by mere data gathering in conjunction with the abstract idea, and/or provide technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). For instance, the first and second image capture devices are described and used in the Specification indicate the general and commercial availability of these components which perform their ordinary function to gather and capture information (see Specification, 0022-0023, 0027-0029, 0032, 0134,0142 wherein any suitable number of data capture devices may be employed; wherein the mobile devices are described as a smartphone, tablet, desktop, laptops which are highly generalized commercially available computing devices). The additional elements such as a first communication interface to communicate with a server, a second communication interface, and a third communication interface when viewed individually and/or as a collection of elements amount to highly generalized computer components for a data network which have been invoked as a tool to implement the abstract idea and when viewed as a collection of elements provide a technological environment in which to perform the abstract idea. Moreover, Keilwert (US 9,269,216 B2) discloses that it is known to add a camera in an electronic gaming machine for identifying a player for security reasons (see Keilwert, col. 1: ln 21-36). Additionally, Rowe et al. (US 2005/0170890 A1) discloses that conventional gaming systems have employed player tracking devices to assign a player with an identification, to determine the identity of the player, and to use data related to the dollar amount, wagers, winnings, and habits of the player (see Rowe, 0002, 0039). It follows, that these additional elements do not amount to significantly more because they merely recite highly-generalized computer components to invoke a general-purpose computer to implement the abstract idea and/or a technological environment similar to Alice v. CLS. For at least these reasons, the claims do not amount to significantly more than the abstract idea under Step 2B. Independent claims 9 and 13 recite substantially the same subject matter as recited above and are found to be directed to a grouping of abstract ideas without significantly more for substantially the same reasons as Independent Claim 1. Regarding dependent claims 2-8, 10-12, and 14-20 have been reviewed and analyzed and found to merely recite additional steps of the abstract idea (see MPEP 2106.04(a), steps to invoke general computer components to implement the abstract idea, extra solution activity, and/or a technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). For at least these reasons, Claims 1-20 are rejected under 35 USC 101 for being directed to an abstract idea without significantly more. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN HSU whose telephone number is (571)272-7148. The examiner can normally be reached Monday - Friday 10:00-6:00 PM. 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 at (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. /RYAN HSU/EXAMINER, Art Unit 3715
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Prosecution Timeline

Oct 24, 2024
Application Filed
Sep 16, 2026
Non-Final Rejection mailed — §101 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
57%
Grant Probability
74%
With Interview (+17.4%)
3y 7m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 633 resolved cases by this examiner. Grant probability derived from career allowance rate.

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