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
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/14/25 was acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Applicant's claim for domestic priority benefit of Provisional Application no 62/590203, filed 11/22/17, is acknowledged.
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, or 365(c) is acknowledged. This application discloses and claims only subject matter disclosed in prior application no 16/199087, filed 11/23/18, prior application no 17/144778, filed 1/8/21, prior application no 18/130002, filed 4/3/23, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 10930120, claims 1-20 of U.S. Patent No. 11651659 and 12159506. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21-40 of the present application are merely broader in scope than that of U.S. Patent No. 10930120, U.S. Patent No. 11651659 and 12159506. Therefore, U.S. Patent No. 10930120, U.S. Patent No. 11651659 and 12159506 “invention” meets the limitations of the instant application.
Instant Application
U.S. Patent No. 10930120
U.S. Patent No. 11651659
U.S. Patent No. 12159506
21. An electronic gaming system comprising: a plurality of player computing devices configured to provide gaming interfaces for a plurality of players; a third-party provider (TPP) computing device configured to provide a gaming management interface; anda gaming computer system that is communicably connected to the plurality of player computing devices and the TPP computing device, wherein the gaming computer system comprises one or more processors and memory storing instructions that, when executed, cause the one or more processors to perform operations comprising:assigning a TPP of the TPP computing device to cover gaming actions on a game and players who are playing the game;receiving, from the TPP computing device, data indicative of a gaming strategy and settings for the game;obtaining player input data for the game from at least a portion of the plurality of player computing devices according to the gaming strategy and the settings designated by the TPP for the game;determining gaming outcomes for each of the players based at least in part on the gaming strategy and settings for the game and the player input data; reconciling a player account for each of the players and a TPP account for the TPP based on the determined gaming outcomes; and returning information about the determined gaming outcomes and the reconciling.
1. An electronic gaming system comprising: one or more physical gaming pieces that are used to determine gaming outcomes; a scanner that is configured to identify each of the one or more physical gaming pieces that are physically manipulated by a dealer or a player; a plurality of player computing equipment with graphical displays that are programmed to provide gaming interfaces for a plurality of players, the gaming interfaces each being programmed to provide electronic gaming action to a corresponding player based, at least in part, on the identified one or more physical gaming pieces, a third-party provider of proposition player (TPPP) computing equipment comprising (i) a display to present a graphical user interface (GUI) that is programmed to provide a gaming management interface outputting selectable options through which a TPPP designates a gaming strategy and settings for a particular game and manages backing of gaming action provided across the plurality of player computing equipment and (ii) a network interface through which the TPPP computing equipment transmits the gaming strategy and settings, and a gaming computer system that is communicably connected to (i) the scanner, (ii) the plurality of player computing equipment, (iii) the TPPP computing equipment, (iv) player accounts, and (v) TPPP accounts, the gaming computer system being programmed to: for the particular game, identify the TPPP as being assigned to cover gaming action on the game and players who are playing the game; receive the gaming strategy and settings for the particular game that has been designated by the TPPP through the network interface of the TPPP computing equipment; obtain player input for the particular game from the plurality of player computing equipment according to the gaming strategy and the settings designated by the TPPP for the particular game; determine gaming outcomes for each of the players based, at least in part, on the identified one or more physical gaming pieces, the player input, and the gaming strategy and the settings designated by the TPPP; [[and]] reconcile the player accounts for the players and the TPPP account for the TPPP based on the determined gaming outcomes for each of the players; and rotate an option to assume a banker role for gaming action determined for a new game across the TPPP and the plurality of players, wherein the gaming computer system transmits an option to assume the banker role to the player computing equipment, the player computing equipment configured to: output, on a display to present a GUI, a selectable graphical element through which a player is able to select the option to assume the banker role; and transmit, through a network interface, information identifying selection of the option to assume the banker role by the player to the gaming computer system; wherein the GUI on the TPPP computing equipment is split into a plurality of portions, and wherein the plurality of portions correspond to a plurality of gaming tables that provide gaming action on the plurality of player computing equipment via the gaming computer system, wherein the TPPP computing equipment is configured to designate and transmit the strategy and settings for each of the plurality of gaming tables to the gaming computer system, the strategy and settings correlating states of the physical gaming pieces to one or more electronic games out of a plurality of possible electronic games provided on the plurality of player computing equipment, wherein each table of the plurality of gaming tables includes a dealer who causes the state of one or more physical gaming pieces for the table to be read by a scanner for the table and the gaming computer system translates the state of the one or more physical gaming pieces to gaming outcomes based, at least in part, on the strategy and settings for the table and the player input.
1. An electronic gaming system comprising: one or more physical gaming pieces that are used to determine gaming outcomes; a scanner that is configured to identify each of the one or more physical gaming pieces that are physically manipulated by a dealer or a player; a plurality of player computing equipment with graphical displays that are programmed to provide gaming interfaces for a plurality of players, the gaming interfaces each being programmed to provide electronic gaming actions for multiple games being played by the plurality of players based, at least in part, on the identified one or more physical gaming pieces, a third-party provider of proposition player (TPPP) computing equipment comprising (i) a display to present a graphical user interface (GUI) that is programmed to provide a gaming management interface outputting selectable options through which a TPPP designates a gaming strategy and settings for each game of multiple games being played by the plurality of players at the plurality of player computing equipment and manages backing of electronic gaming actions provided across the plurality of player computing equipment and (ii) a network interface through which the TPPP computing equipment transmits the gaming strategy and settings for each game, wherein the selectable options through which the TPPP manages backing of electronic gaming actions are presented, in the gaming management interface, as graphical elements, at least one of the graphical elements being configured to visually overlay at least a portion of a graphical representation that corresponds to a gaming table amongst a plurality of gaming tables, and a gaming computer system that is communicably connected to (i) the scanner, (ii) the plurality of player computing equipment, (iii) the TPPP computing equipment, (iv) player accounts, and (v) TPPP accounts, the gaming computer system being programmed to, for each game of the multiple games being played by the plurality of players at the plurality of player computing equipment; identify, based on receiving data from a first player computing equipment of the plurality of player computing equipment indicating player- selection of an option to become the TPPP, the TPPP as being assigned to cover electronic gaming action on the game and players who are playing the game; receive, from the TPPP computing equipment, data indicative of the gaming strategy and settings for the game that has been designated by the TPPP through the network interface of the TPPP computing equipment; obtain player input data for the game from at least a portion of the plurality of player computing equipment according to the gaming strategy and the settings designated by the TPPP for the game; determine gaming outcomes for each player corresponding to at least the portion of the plurality of player computing equipment based, at least in part, on the identified one or more physical gaming pieces, the player input, [[and]] the gaming strategy, and the settings designated by the TPPP; and reconcile a player account for each player corresponding to at least the portion of the plurality of player computing equipment and the TPPP account for the TPPP based on the determined gaming outcomes for the player, wherein each of the plurality of gaming tables provide the electronic gaming actions for the multiple games being played on the plurality of player computing equipment via the gaming computer system, wherein the display on the TPPP computing equipment presents, in the GUI and in response to receiving, from a player computing equipment of a player who is playing the game, player-selection of a graphical element for an action buy option in the game, a gaming interface for the game through which the TPPP selects multiple graphical elements to perform actions in playing the game as provided via the gaming computer system, wherein the network interface for the TPPP computing equipment transmits, to the gaming computer system, data representative of electronic gaming actions performed by the TPPP according to TPPP input indicating selection of the multiple graphical elements that is received from the TPPP via the TPPP computing equipment, wherein the gaming computer system determines the gaming outcomes for each player further based on the electronic gaming actions performed by the TPPP according to the TPPP input, and wherein reconciling the player account comprises, when the TPPP loses the game in an action buy, adding, by the gaming computer system, a wager amount to the player account and deducting, by the gaming computer system, the wager amount from the TPPP account, wherein a loss of the wager amount is presented, on the display of the TPPP computing equipment, and a win of the wager amount is presented, on the display of the player computing equipment corresponding to the player, as a graphical element in a gaming interface for the game being played by the player.
1. An electronic gaming system comprising: one or more physical gaming pieces that are used to determine gaming outcomes; a scanner that is configured to identify each of the one or more physical gaming pieces that are physically manipulated by a dealer or a player; a plurality of player computing equipment with graphical displays that are programmed to provide gaming interfaces for a plurality of players, the gaming interfaces each being programmed to provide electronic gaming actions for one or more games being played by the plurality of players based, at least in part, on the identified one or more physical gaming pieces, a plurality of third-party provider of proposition player (TPPP) computing equipment, each of the TPPP computing equipment comprising (i) a display to present a graphical user interface (GUI) that is programmed to provide a gaming management interface outputting selectable options through which a TPPP (a)designates gaming settings for the one or more games being played by the plurality of players at the plurality of player computing equipment and (b)_manages backing of electronic gaming actions provided across the plurality of player computing equipment and (ii) a network interface through which the TPPP computing equipment transmits the gaming settings for the one or more games, wherein each of the plurality of TPPP computing equipment is configured to automatically switch between at least (i) a first mode of operation in which gaming action is provided to a user of the TPPP computing equipment and (ii) a second mode of operation in which gaming action across at least a portion of the other TPPP computing equipment is covered by the user, wherein each of the plurality of TPPP computing equipment is further programmed to display a gaming interface for the TPPP computing equipment based, at least in part, on a current mode of operation for the TPPP computing equipment; and a gaming computer system that is communicably connected to (i) the scanner, (ii) the plurality of player computing equipment, (iii) the plurality of TPPP computing equipment, (iv) player accounts, and (v) TPPP accounts, the gaming computer system being programmed to, for the one or more games being played by the plurality of players at the plurality of player computing equipment: assign at least one of the plurality of TPPP computing equipment to cover the gaming actions for the one or more games, wherein the assigning comprises assigning the plurality of TPPP computing equipment to take turns in covering the gaming actions for the one or more games based on one or more assignment criteria corresponding to gameplay time, coverage amounts, or bid amounts; receive, from the assigned at least one TPPP computing equipment, data indicative of the gaming settings for the one or more games; obtain player input data for the one or more games from at least a portion of the plurality of player computing equipment according to the gaming settings; automatically determine gaming outcomes for each player corresponding to at least the portion of the plurality of player computing equipment based, at least in part, on the identified one or more physical gaming pieces, the player input, and the gaming settings; automatically reconcile a player account for each player corresponding to at least the portion of the plurality of player computing equipment and the TPPP account [[for]] associated with the assigned at least one TPPP computing equipment based on the determined gaming outcomes; and based on reconciling the player account for each player and the TPPP account, (i) present a loss of a wager amount on the display of the assigned at least one TPPP computing equipment and (ii) present a win of the wager amount on the graphical display of the player computing equipment corresponding to the player.
36. A method for an electronic gaming system comprising: receiving, from a TPP computing device, user input indicating that a TPP of the TPP computing device assumes a banker role for an electronic game that is played by players at a plurality of player computing devices; assigning the TPP of the TPP computing device to cover gaming actions on the game and players who are playing the game; receiving, from the TPP computing device, data indicative of a gaming strategy and settings for the game; obtaining player input data for the game from at least a portion of the plurality of player computing devices according to the gaming strategy and the settings designated by the TPP; determining gaming outcomes for each of the players based at least in part on the gaming strategy and settings for the game and the player input data; reconciling a player account for each of the players and a TPP account for the TPP based on the determined gaming outcomes; and returning information about the determined gaming outcomes and the reconciling.
20. An electronic gaming system comprising: one or more physical gaming pieces that are used to determine gaming outcomes; a scanner that is configured to identify each of the one or more physical gaming pieces that are physically manipulated by a dealer or a player; a plurality of player computing equipment with graphical displays that are programmed to provide gaming interfaces for a plurality of players, the gaming interfaces each being programmed to provide electronic gaming action to a corresponding player-based, at least in part, on the identified one or more physical gaming pieces, a third-party provider of proposition player (TPPP) computing equipment comprising (i) a display to present a graphical user interface (GUI) that is programmed to provide a gaming management interface outputting selectable options through which a TPPP designates a gaming strategy and settings for a particular game and manages backing of gaming action provided across the plurality of player computing equipment and (ii) a network interface through which the TPPP computing equipment transmits the gaming strategy and settings, wherein the selectable options through which the TPPP manages backing of the gaming action are presented, in the gaming management interface, as graphical elements, at least one of the graphical elements being configured to visually overlay at least a portion of a graphical representation that corresponds to a gaming table amongst a plurality of gaming tables, and a gaming computer system that is communicably connected to (i) the scanner, (ii) the plurality of player computing equipment, (iii) the TPPP computing equipment, (iv) player accounts, and (v) TPPP accounts, the gaming computer system being programmed to: for the particular game, identify the TPPP as being assigned to cover gaming action on the game and players who are playing the game; receive the gaming strategy and settings for the particular game that has been designated by the TPPP through the network interface of the TPPP computing equipment; obtain player input for the particular game from the plurality of player computing equipment according to the gaming strategy and the settings designated by the TPPP for the particular game; determine gaming outcomes for each of the players based, at least in part, on the identified one or more physical gaming pieces, the player input, the gaming strategy, and the settings designated by the TPPP; and reconcile player accounts for the players and the TPPP account for the TPPP based on the determined gaming outcomes for each of the players, wherein each of the plurality of gaming tables provide the gaming action on the plurality of player computing equipment via the gaming computer system, wherein the display on the TPPP computing equipment presents, in response to a player selecting an action buy option, a gaming interface for the particular game that presents multiple graphical elements that the TPPP selects to play the particular game as provided via the gaming computer system, wherein the network interface for the TPPP computing equipment transmits gaming actions performed by the TPPP according to TPPP input that is received from the TPPP via the TPPP computing equipment, wherein the gaming computer system determines the gaming outcome further based on the gaming actions performed by the TPPP according to the TPPP input, and wherein reconciling the TPPP account and the player accounts comprises, when the TPPP loses the particular game in an action buy, transferring a wager amount from the TPPP account to the player account, wherein a loss of the wager amount is presented, on the display of the TPPP computing equipment, and a win of the wager amount is presented, on the display of the player computing equipment corresponding to the player.
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.
In the instant application, claim(s) 21-40 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
Claim(s) 21-40 is/are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2A:
However, claim(s) 21-40 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
For instance, regarding independent claim(s) 21, 36,
Prong 1 analysis:
The limitations of “provide gaming interfaces for a plurality of players; provide a gaming management interface; assigning a TPP to cover gaming actions on a game and players who are playing the game; receiving data indicative of a gaming strategy and settings for the game; obtaining player input data for the game according to the gaming strategy and the settings designated by the TPP for the game; determining gaming outcomes for each of the players based at least in part on the gaming strategy and settings for the game and the player input data; reconciling a player account for each of the players and a TPP account for the TPP based on the determined gaming outcomes; and returning information about the determined gaming outcomes and the reconciling”, are considered to fall within the certain methods of organizing human activity grouping (fundamental economic practices, managing personal behavior, rules). The mere nominal recitation of generic computer elements does not take the claim out of the methods of organizing human activity grouping. Thus, the claim(s) recites an abstract idea.
Furthermore, dependent claims 22-35, 37-40 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they are merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Prong 2 analysis:
The above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the additional elements “an electronic gaming system comprising: a plurality of player computing devices; a third-party provider (TPP) computing device configured; and a gaming computer system that is communicably connected to the plurality of player computing devices and the TPP computing device, wherein the gaming computer system comprises one or more processors and memory storing instructions”, are generically recited computer elements that do not improve the functioning of a computer, or any other technology or technical field. Nor do these additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above is not integrated into a practical application under the 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the claimed method and system merely implements the above-identified abstract idea using rules (e.g., computer instructions) executed by a computer. The claimed elements are recited at a high level of generality, and amounts to mere data gathering and data transmission, which is a form of insignificant extra-solution activity. Each of the additional limitations are no more than mere instructions to apply the exception using generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. As such, the claim is directed to the abstract idea.
Step 2B:
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using generic computer components cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Furthermore, in view of Berkheimer, the recited additional elements are considered as conventional activity. For instance, Weber teaches the recited additional elements (Fig 10-16, ¶¶0054, 0510-0511, 0516-0520, 0526, 0529).
In addition, with regards to the present claims, the courts have recognized the computer functions as well‐understood, routine, and conventional activities when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
For instance, regarding claims 21-40, each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of electronic recordkeeping in Alice, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, performing repetitive calculation in Flook, Bancorp, and rules in In re Smith.
Therefore, claim(s) 21-40 is/are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Conclusion
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/JASON T YEN/Primary Examiner, Art Unit 3715
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