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 .
Prior Art Made of Record
There are no prior art rejections against claims 1-20.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Morey et al., US 2010/0274640 A1 (hereinafter Morey) discloses an example cleaning process management system (Morey [Abstract]). One or more cleaning sites are coupled via a network to a server computer (Morey [Abstract]). Cleaning sites may be, for example, any type of site or facility at which cleaning services are performed and chemical products are dispensed, such as restaurants or other food service facilities; hospitality facilities including casinos (Morey [Abstract]). Although a multiple-site/server computer system is shown, it shall be understood that the cleaning process management techniques described herein could also be used locally at a single site having one or more dispensers, and the invention is not limited in this respect (Morey [Abstract]).
Walker et al., US 2004/0082384 A1 (hereinafter Walker) discloses systems and methods are provided for monitoring gaming activities of a player at a gaming device (Walker [Abstract]). It is determined, based on the gaming activities, whether to initiate communication between the player and an individual (Walker [Abstract]). Communication is enabled between the player and the individual (Walker [Abstract]). Examples of factors relating to communication that may take place between a player and a casino rep include responsibilities of casino reps (e.g., keeping the slot machines clean) (Walker [0154]).
Gagner et al., US 2010/0016052 A1 (hereinafter Gagner) discloses apparatus, systems, and methods to determine the location of a selected person in a casino, detect the occurrence of a preselected event associated with the selected person (Gagner [Abstract]). Further elements include tracking personnel location over time to provide a history of location and activity to monitor cleaning activity (Gagner [0086]).
Colvin et al., US 10,850,184 B1 discloses systems and methods for providing ultraviolet (UV) sterilization, disinfection and decontamination of electronic gaming machines (EGMs), gaming chips, dice, playing cards, currency, TITO tickets, etc. (Colvin [Abstract]). The ultraviolet sterilization, disinfection and decontamination may include a singular or plurality of UV lamps of any type or style or UV LEDs or RGB-UV LEDs or any type or style of UV LEDs of at least such wavelengths to be effective in at least partially reducing or eliminating viruses or the like (Colvin [Abstract]). The UV sources are mounted on, in or proximate to a variety of gaming devices or equipment such as EGMs, mechanical gaming machines, chip trays, chippers, dice holders, automatic card shufflers, bill validators, currency counting devices, currency dispensing devices, printers, magnetic card readers, playing card and currency sterilization, disinfection or decontamination storage mechanisms, ATMs, redemption machines, promotional kiosks, etc., or similar devices used in other industries (Colvin [Abstract]).
The prior art, alone or in combination, absent hindsight, does not fairly teach or suggest the claimed invention.
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. 11,158,168 B1; claims 1-20 of U.S. Patent No. 11,620,874 B2; and claims 1-20 of U.S. Patent No. 12,205,441 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the parent claims were directed to cleaning a gaming machine rather than sanitizing a gaming machine.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WERNER G GARNER whose telephone number is (571)270-7147. The examiner can normally be reached M-F 7:30-15:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID LEWIS can be reached on (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WERNER G GARNER/Primary Examiner, Art Unit 3715
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