DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mages (U.S. PGPUB 2003/0006931) in view of Nguyen (U.S. PGPU 2006/0095790).
Re claim 1: Mages discloses an apparatus (see Fig. 3, object 43) comprising:
a machine readable medium having stored thereon a set of instructions (claim 2) that are configured to cause a processor to:
determine that a device is authorized to use a gaming service (see paragraph [0033, 0040, 0047]: “A smart or swipe card reader 50 having a unique identification number is preferably used in conjunction with the wireless device to allow the wireless device to be selectively activated and used on different occasions. For example, the smart card may be inserted into a smart card reader 50 on the side of the wireless device in a known way to allow the wireless device to access the information on the smart card. Once a smart card is issued and inserted into the wireless device 12, the wireless device communicates with the Internet 15 to allow for secure, legal wagers to be placed from within the casino or on the casino grounds.” Here a smart card is part and parcel with the wireless game device. The smart card verifies that the wireless device is authorized to use the system.);
determine that a user of the device is authorized to use the gaming service (see paragraph [0049]: “Before proceeding with the game, the credit line associated with the unique identification number used in the wireless device is checked in step 180 to determine if the wager amount is approved. If the wager amount exceeds the authorized limit, then the wireless device will prompt for another wager amount to be entered in step 170.”);
determine that the device is associated with a first location in which gaming activity is allowed (see paragraph [0011]: “The system thereby allows for the location of a wireless device to be determined as it passes by the various transmitters. The system also may be used to determine the location of a wired device. Determining the location of the device enables the casino to establish whether the device is located within an area where gaming activities are allowed or legal.”); and
allow gaming activity based on the determination that the device is authorized, the determination that the user is authorized, and the determination that the device is associated with the first location (see paragraph [0011, 0012] & [0030, 0040, 0049]: when the wireless device is authorized and the location is authorized, the user is authorized, gaming activity is allowed on the device
Mages fails to disclose “determining a period of time at which a determination that the device is associated with a second location should be made based on a distance of the first location from a boundary of an area; determine that the period of time has passed; and in response to determining that the period of time has passed, determine whether the device is associated with a second location in which gaming activity is allowed”
However, Nguyen similarly discloses a portable gaming device, wherein Nguyen further teaches establishing a frequency, i.e. period of times, to determine a player’s second location wherein frequency of time is based on a player’s proximity to a boundary of a jurisdiction where gaming is not allowed (see paragraph [0071]). In response to the period of time ending, the system determines the player’s location again to determine if a player is within a non-restricted zone (see paragraph [0071]). It would have been obvious to one of ordinary skill in the art at the time the invention was filled, to modify the mobile game system of Mages with the device pinging element of Nguyen, for the purpose of accurately determining verifying that the user is areas where gambling is permitted as the user walks moves throughout the casino.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD A RENWICK whose telephone number is (571)270-1913. The examiner can normally be reached Monday-Friday 11am-7pm.
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REGINALD A. RENWICK
Primary Examiner
Art Unit 3714
/REGINALD A RENWICK/Primary Examiner, Art Unit 3715
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