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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 6-8, 11 and 16-18 are rejected under 35 U.S.C. 102a1 as being anticipated by U.S. Patent Application Publication No. 2021/0056805, hereafter referred to as ‘Harris ‘805’. Regarding claim 1, Harris ‘805 teaches an amusement-type prize-play device 22 (figures 1A-10C) comprising: a housing 26 defining a prize area for containing one or more prizes for winning as a result of the play of the amusement-type game device (figures 1A-1B and 10A-10c), at least one prize 72 of the one or more prizes comprising a container (see para. # 82, chest, box and egg are containers for holding RFID tag inside) and an RFID tag movably disposed in the container so as to assume a reading position within the container (see para. #’s 82, 84-85 and 89-90) regardless of an orientation of the at least one prize (as broadly claimed, as the container moves or rotates, the RFID tag will also move in the container and the reader will read the tag regardless of the orientation); a prize collection area 82; a moveable prize play mechanism 74 for use in attempting to capture the at least one prize and move the at least one prize to the prize collection area (figures 10A-10C and para. #’s 88-94); at least one player input device 32 comprising a device for receiving input from a player to control said movable prize play mechanism 74 (para. #’s 46-48); and an RFID reader (para. #’s 82, 84-85 and 89-90) configured to read the RFID tag when the at least one prize is moved to the prize collection area 82 and the RFID tag is in the reading position (para. #’s 82, 84-85 and 89-90).
Regarding claim 6, Harris ‘805 teaches the device in accordance with Claim 1. Harris ‘805 further teaches wherein said prize collection area comprises a tray 84 having a bottom side (figures 10A-10B), and wherein the RFID reader is associated with the bottom side of the tray (para. #’s 84-85 and 89-90).
Regarding claim 7, Harris ‘805 teaches the device in accordance with Claim 1. Harris ‘805 further teaches wherein said movable prize play mechanism 74 comprises a crane (figures 1A and 10A-10B).
Regarding claim 8, Harris ‘805 teaches the device in accordance with Claim 1. Harris ‘805 further teaches wherein said movable prize play mechanism 74 comprises a claw (figures 1A and 10A-10B).
Regarding claim 11, Harris ‘805 teaches a method of generating a prize-winning outcome with an amusement-type prize-play device 22 (figures 1A-10C), comprising: receiving input from a player to control a movable prize play mechanism 74 with at least one player input device 32 (para. #’s 46-48); moving said movable prize play mechanism 74 at least in part based on said input in order to move a prize 72 from a prize area to a prize collection area 82, the prize 72 comprising a container and an RFID tag movably disposed in the container (see para. # 82, chest, box and egg are containers for holding RFID tag inside) so as to assume a reading position within the container (see para. #’s 82, 84-85 and 89-90) regardless of an orientation of the prize 72 (as broadly claimed, as the container moves or rotates, the RFID tag will also move in the container and the reader will read the tag regardless of the orientation); using an RFID reader to read the RFID tag when the prize 72 is moved to the prize collection area 82 and the RFID tag is in the reading position (para. #’s 82, 84-85 and 89-90); receiving an output of the RFID reader responsive to the RFID reader reading the RFID tag (para. #’s 82, 84-85 and 89-90); and generating a prize-winning outcome based on the reading of the RFID tag by the RFID reader (para. #’s 82, 84-85 and 89-90).
Regarding claim 16, Harris ‘805 teaches the method in accordance with Claim 11. Harris ‘805 further teaches wherein said prize collection area comprises a tray 84 having one or more sides (figures 10A-10B), and wherein the RFID reader is associated with a bottom side of the tray (para. #’s 84-85 and 89-90).
Regarding claim 17, Harris ‘805 teaches the method in accordance with Claim 11. Harris ‘805 further teaches wherein moving said movable prize play mechanism 74 comprises: grabbing the prize 72 with said movable prize play mechanism from the prize area 24B (figures 1A-1B and 10A-10c); lifting the prize with said movable prize play mechanism from the prize area (para. #’s 46-48 and 88-94); and
moving the prize 72 to the prize collection area 82 with said movable prize play mechanism 74.
Regarding claim 18, Harris ‘805 teaches the method in accordance with Claim 17. Harris ‘805 further teaches wherein said movable prize play mechanism 74 comprises a claw or a crane (figures 1A and 10A-10B).
Allowable Subject Matter
Claims 2-5, 9-10, 12-15 and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Smart ‘132, Watanabe ‘164 and McGrath ‘887 teach amusement games with cranes and prizes with RFID tags which are similar to applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M SEMBER whose telephone number is (571)272-2381. The examiner can normally be reached flexing generally from 7 a.m. to 5.00 p.m. M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABDULMAJEED Aziz can be reached at 571-270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS M SEMBER/Primary Examiner, Art Unit 2875
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