Prosecution Insights
Last updated: October 04, 2026
Application No. 18/961,977

AI-BASED REAL-TIME ASSET ALLOCATIONS BASED ON PREDICTIVE ANALYTICS OF CHIP COUNTS DATA

Non-Final OA §101
Filed
Nov 27, 2024
Examiner
LIM, SENG HENG
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
The Smart Chip Tray Inc.
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
644 granted / 978 resolved
-4.2% vs TC avg
Strong +30% interview lift
Without
With
+29.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
41 currently pending
Career history
1018
Total Applications
across all art units

Statute-Specific Performance

§101
12.4%
-27.6% vs TC avg
§103
41.5%
+1.5% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 978 resolved cases

Office Action

§101
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 . DETAILED ACTION 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims are directed to the abstract idea of mental processes and/ or certain methods of organizing human activity. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below. Step 1 of the 2019 Revised Patent Subject Matter More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a machine, process, and/or an article of manufacturer, which are statutory categories of invention. Step 2a – Prong 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance Next, the claims are analyzed to determine whether it is directed to a judicial exception. The claims recite a system, method, and CRM for acquiring chip count data from table smart trays, deriving features by type, building classifiers and feature vectors from current + historical data, feeding them to an ML module coupled to an ANN to generate an asset allocation predictive model, producing allocation parameters, and generating allocations. This is directed to the abstract idea of collecting data, deriving features, applying machine learning for prediction, generating business decisions (asset allocations), and conventional record-keeping — falling within mathematical concepts, mental processes, and certain methods of organizing human activity (managing casino inventory/operations). Step 2a – Prong 2 of the 2019 Revised Patent Subject Matter Eligibility Guidance The second prong of step 2a is the consideration if the claim limitations are directed to a practical application. Limitations that are indicative of integration into a practical application: -Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a) -Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition - see Vanda Memo -Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b) -Effecting a transformation or reduction of a particular article to a different state or thing – see MPEP 2106.05(c) -Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo Limitations that are not indicative of integration into a practical application: -Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea- see MPEP 2106.05(f) -Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g) -Generally linking the use of the judicial exception to a particular technological environment or field of use - see MPEP 2106.05(h) The claims do not integrate the abstract idea into a practical application. Additional elements (AAS node/processor/memory, ML module + ANN, local database, network connections, “table smart tray” + chip count entity) are recited at a high level of generality. They perform insignificant extra-solution activity: data gathering (chip counts), data output (allocations to management), and conventional computer functions (storing/retrieving on database, running an ANN). No improvement to computer functionality, network technology, or a technical problem (e.g., no novel sensor hardware, no specific ANN architecture solving a computing limitation, no improvement to blockchain consensus). The result (real-time asset allocations) is the abstract idea itself, not a technical improvement Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance Next, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claim amounts to significantly more than the exception. The claims do not amount to significantly more than the abstract idea. All additional elements for AI/deep learning for chip recognition, tray monitoring, and anomaly detection and predictive modeling with historical data for operational decisions were well-understood, routine, and conventional (WURC) in the gaming, AI/ML, and enterprise software fields before the filing date. Consequently, consideration of each and every element of each and every claim, both individually and as an ordered combination, leads to the conclusion that the claims are not patent-eligible under 35 USC §101. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached USPTO form PTO-892. Filing of New or Amended Claims The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b) Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5). 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, 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. 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. /Seng H Lim/Primary Examiner, Art Unit 3715
Read full office action

Prosecution Timeline

Nov 27, 2024
Application Filed
Jul 10, 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
66%
Grant Probability
95%
With Interview (+29.5%)
2y 11m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 978 resolved cases by this examiner. Grant probability derived from career allowance rate.

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