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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,668,117. Although the claims at issue are not identical, they are not patentably distinct from each other because the current application additionally claims placing the transmitter on the first side of the channel and the receiver on the second side of the channel; which is absent in patent `117. However, it would have been obvious for one with ordinary skill in the art, at the time of applicant’s invention to have modified the gaming system to include transmitter and receiver on different channel for more secure cabinet and preventing any possible tampering issues.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rodriguez (7,553,237) refers to gaming machine for conducting a wagering game includes a cabinet having a top box mounted on a main body. The top box has a door for allowing user access to an inner area of the top box. A lock assembly in the top box locks/unlocks the door and a release assembly in the main body operates the lock assembly. The lock assembly and the release assembly are configured to automatically engage one another when the top box is mounted on the main body. Thus, no manual connection is needed between the two assemblies and the lock assembly may be preinstalled independently of the release assembly. Moreover, any suitable top box design may be used with the lock assembly, and any suitable main body design may be used with the release assembly. This allows the top box to be selected much later in an assembly process than previously possible.
Mattice (20020142831) refers to allowing, to an authorized persons, access to one or more lockable areas of one or more gaming machines. Each area includes a door or switch and an associated electrically operable lock mechanism which controls access to the area either directly, or indirectly by controlling enablement of an associated manual key-operated latch assembly. Each machine has a local processor communicating with a central host computer and with lock processors for each of its lockable areas. Personnel identification and access authorization data is stored at the host computer. Part of the data may also be stored on personal data cards, respectively assigned to individual persons. A person seeking access inputs identification data at the machine, using a card reader or other data input device, and the host computer responds with signals to unlock lock mechanisms for areas which the identified person is authorized to access. Each machine monitors, and sends to the host, the states of all of its locks and doors. A manual override key, which can be disabled when power is on, can operate the lock mechanisms when power is off, and the apparatus provides an indication that the override key has been used.
Greenberg (8,616,982) refers to gaming terminal for conducting a wagering game includes a main body having a cabinet door and a top box positioned above the main body. The cabinet door has a closed position and an open position. The top box includes a crown that is moveable from a first position that prohibits access to the top box to a second position that provides access to the top box. The gaming terminal further includes a latching assembly for securing and releasing the crown. The latching assembly is configured to release the crown in response to the cabinet door being in the open position so as to permit movement of the crown from the first position to the second position. The latching assembly is further configured to secure the crown in response to the crown being moved from the second position to the first position when the cabinet door is in the closed position.
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/SUNIT PANDYA/ Primary Examiner, Art Unit 3715
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