DETAILED ACTION
This is a second non-final office action on the merits. The U.S. Patent and Trademark Office (the Office) has received claims 1 – 20 in application 17/571831.
Claims 1-20 are pending and have been examined.
This action is being made non-final because the Smith reference is being introduced to more clearly teach the claims and is not necessitated by amendment.
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Arguments
101
Applicant's arguments filed 2/17/2026 have been fully considered but they are not persuasive. The claims remain rejected under 101 because they are directed to a rule for reallocating scarce game licenses among devices, i.e., managing access to a limited licensed resource, and the additional elements only implement that rule using generic gaming/network computer components. The claims do not recite a specific technological improvement to the functioning of the computer, license server, or gaming network itself.
103
Applicant's arguments filed 2/17/2026 have been fully considered and are persuasive. Nguyen alone returns a token when use has ended rather than because a new gaming machine request arrived, however that deficiency is cured by the new prior art presented in this office action. The new prior art applies priority based reallocation technique to Nguyen’s gaming license system to ensure that limited licenses are reassigned to higher-priority requesting devices when no unallocated licenses remain.
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 recites and is directed to a judicial exception to patentability (i.e., an abstract idea) and does not provide an integration of the recited abstract idea into a practical application nor include an inventive concept that is “significantly more” than the recited abstract idea to which the claim is directed. MPEP §2106.
In determining subject matter eligibility in an Alice rejection under 35 U.S.C. §101, it is first determined at Step 1 whether the claims are directed to one of the four statutory categories of an invention (i.e., a process, a machine, a manufacture, or a composition of matter). MPEP §2106.03. Here, it is determined that claims 1-14 are directed to an apparatus (system) and claims 15-20 a method. Under a Step 2A, Prong 1 analysis, it must be determined whether the claims recite an abstract idea that falls within one or more enumerated categories of patent ineligible subject matter that amounts to a judicial exception to patentability. MPEP §2106.04. Here, independent claim 1 recites:
A system comprising:
a processor; and
a memory device that stores a plurality of instructions that, when executed by the processor responsive to receipt of a game license request from an electronic gaming machine and a determination that no game licenses are available to be granted, cause the processor to:
determine if any mobile devices are associated with any game licenses, and
responsive to the determination being that a mobile device is associated with a game license:
disassociate the game license from being associated with the mobile device, and
grant the game license request of the electronic gaming machine.
(emphasis added on abstract idea)
Here, the claims are directed to the abstract idea, or combination of abstract ideas encompasses requesting a gaming license. This concept/abstract idea, which is seen above, falls within the Certain Methods of Organizing Human Activity grouping because it describes a commercial or legal interaction (e.g., asset management) and Mental Processes because the claims are organizing or analyzing information(determining if a gaming license can be granted if not in use by another device) which can be done without requiring specialized machinery. Accordingly, it is determined that the claims recite an abstract idea since they fall within one or more of the three categories of abstract ideas.
Independent claims 8 and 15 recite the same abstract idea.
Since it is determined that the claim(s) contain a judicial exception, it must then be determined, under Step 2A, Prong 2, whether the judicial exception is integrated into a practical application of the exception. MPEP §2106.04. Here, claim 1 recites the additional elements of: a processor and a memory device. 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 and are using a computer as a tool to perform a mental process. An example of a case in which a computer was used as a tool to perform a mental process is Mortgage Grader, 811 F.3d. at 1324, 117 USPQ2d at 1699. The patentee in Mortgage Grader claimed a computer-implemented system for enabling borrowers to anonymously shop for loan packages offered by a plurality of lenders, comprising a database that stores loan package data from the lenders, and a computer system providing an interface and a grading module. The interface prompts a borrower to enter personal information, which the grading module uses to calculate the borrower’s credit grading, and allows the borrower to identify and compare loan packages in the database using the credit grading. 811 F.3d. at 1318, 117 USPQ2d at 1695. The Federal Circuit determined that these claims were directed to the concept of “anonymous loan shopping”, which was a concept that could be “performed by humans without a computer.” 811 F.3d. at 1324, 117 USPQ2d at 1699. Another example is Berkheimer v. HP, Inc., 881 F.3d 1360, 125 USPQ2d 1649 (Fed. Cir. 2018), in which the patentee claimed methods for parsing and evaluating data using a computer processing system. The Federal Circuit determined that these claims were directed to mental processes of parsing and comparing data, because the steps were recited at a high level of generality and merely used computers as a tool to perform the processes. 881 F.3d at 1366, 125 USPQ2d at 1652-53.. Looking at the elements as a combination does not add anything more than the elements analyzed individually. Examiner further notes that even though the claims may not preempt all forms of the abstraction, this alone, does not make them any less abstract. See OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1362-63 (Fed. Cir. 2015).
Under the Step 2B analysis, it is determined whether the recited additional elements amount to something “significantly more” than the recited abstract idea to which the claims are directed (i.e., provide an inventive concept). MPEP §2106.05. As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of a processor and a memory device to implement the abstract idea amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. That is, simply implementing the abstract idea on a generic computer or merely using a computer as a tool to perform an abstract idea cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. Accordingly, taken alone, the additional elements do not amount to significantly more than a judicial exception. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
Therefore, independent claim 1 is rejected under 35 U.S.C. §101 and is not patent eligible. Independent claims 8 and 15 are similar and therefore rejected under 35 U.S.C. §101 also. Dependent claims 2-7, 9-14, and 16-20 when analyzed are held to be patent ineligible under 35 U.S.C. §101 because the additional recited limitation(s) (BOLDED) fail to establish that the claim(s) is/are not directed to an abstract idea.
Dependent claim 2 recites “the system of Claim 1, wherein when executed by the processor responsive to the determination being that the mobile device is associated with the game license, the instructions cause the processor to disassociate the game license from being associated with the mobile device after a predetermined period of time.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 3 recites “the system of Claim 2, wherein when executed by the processor responsive to the determination being that the mobile device is associated with the game license, the instructions cause the processor to communicate data to the mobile device that results in the mobile device displaying a disconnection message prior to a conclusion of the predetermined period of time.” The claim fails to include any new additional elements that integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Dependent claim 4 recites “the system of Claim 2, wherein when executed by the processor responsive to a determination that another game license becomes available, the instructions cause the processor to communicate data to the mobile device that results in the mobile device displaying a resume message.” The recitation of the mobile device displaying a message that is the result of the abstract idea is merely providing a general link to the technological environment. This is not enough to integrate the abstract idea into a practical application or provide significantly more than the abstract idea.
Dependent claim 5 recites “the system of Claim 1, wherein the electronic gaming machine is associated with a first gaming venue and the mobile device is associated with a second, different gaming venue.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 6 recites “the system of Claim 1, wherein the electronic gaming machine is associated with a gaming venue and the mobile device is not associated with any gaming venue.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 7 recites “the system of Claim 1, wherein the electronic gaming machine is associated with a first gaming venue and the game license is associated with a second, different gaming venue.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 9 recites “the system of Claim 8, wherein when executed by the processor responsive to the receipt of the second transfer request from the electronic gaming machine to the mobile device and a determination that the other game license is unavailable for the other electronic gaming machine: disassociate the game license from being associated with the electronic gaming machine, and associate the game license with the other electronic gaming machine.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 10 recites “the system of Claim 8, wherein when executed by the processor responsive to the receipt of the first transfer request from the mobile device to the electronic gaming machine, the instructions cause the processor to cause a transfer of any of game state data and funding data from the mobile device to the electronic gaming machine.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 11 recites “the system of Claim 8, wherein when executed by the processor responsive to the receipt of the second transfer request from the electronic gaming machine to the mobile device and the determination being that the other game license is available for the other electronic gaming machine, the instructions cause the processor to cause a transfer of any of game state data and funding data from the electronic gaming machine to the mobile device.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 12 recites “the system of Claim 8, wherein the electronic gaming machine is associated with a first gaming venue and the mobile device is associated with a second, different gaming venue.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 13 recites “the system of Claim 8, wherein the electronic gaming machine is associated with a gaming venue and the mobile device not associated with any gaming venue.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 14 recites “the system of Claim 8, wherein the electronic gaming machine is associated with a first gaming venue and the game license is associated with a second, different gaming venue.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 16 recites “the method of Claim 15, further comprising, responsive to the determination being that the mobile device is associated with the game license, disassociating, by the processor, the game license from being associated with the mobile device after a predetermined period of time.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 17 recites “the method of Claim 16, further comprising, responsive to the determination being that the mobile device is associated with the game license, communicating data to the mobile device that results in the mobile device displaying a disconnection message prior to a conclusion of the predetermined period of time.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 18 recites “the method of Claim 16, further comprising, responsive to a determination that another game license becomes available, communicating data to the mobile device that results in the mobile device displaying a resume message.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 19 recites “the method of Claim 15, wherein the electronic gaming machine is associated with a first gaming venue and the mobile device is associated with a second, different gaming venue.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Dependent claim 20 recites “the method of Claim 15, wherein the electronic gaming machine is associated with a gaming venue, the mobile device is not associated with any gaming venue and the game license is associated with a second, different gaming venue.” The claim elaborates on the abstract idea without reciting any new additional elements. Therefore, when the limitations are considered individually and as a whole in combination with the independent claim from which they depend, the claims do not recite additional elements that amount to significantly more than the judicial exception.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable by Nguyen (US20050192099A1) in view of Goringe (US20040078339A1).
Regarding Claim 1. Nguyen – in which like the current invention is directed to a gaming environment that manages game software licenses across gaming devices - teaches:
A system comprising: a processor; and
Nguyen - processor running instructions to generate the game of chance from an EPROM or other form of non-volatile memory (¶ 0065).
a memory device that stores a plurality of instructions that, when executed by the processor
Nguyen - a memory device for storing the plurality of game software modules; 3) a trusted memory device for storing authentication logic used to determine that the plurality of game software modules are authorized for use on the gaming machine; 4) a gaming operating system comprising logic to load and unload the plurality of game software modules into a RAM from the memory device and to control the play of the game of chance (¶ 0018).
responsive to receipt of a game license request from an electronic gaming machine and a determination that no game licenses are available to be granted, cause the processor to:
Note – Authorization to play is the operative license. A “request” is received and either authorized (license granted) or not (no license granted).
Nguyen - a gaming machine initiates a gaming license request (¶ 0115). In 612, a game license request message is generated with the encrypted game license request data. The game license request message may be sent to a remote server (¶ 0116). In 705, the remote server receives a game license request message from a gaming machine (¶ 0122). If no tokens are available, the game software host or the game-licensing server 1552 may notify the gaming device that no tokens are currently available and the gaming device may be placed on a waiting list (¶ 0291).
determine if any mobile devices are associated with any game licenses, and
Note – Nguyen’s server tracks which devices (including mobile devices) currently hold license tokens and can query devices, i.e. determine whether any mobile device is associated with a license.
Nguyen - The remote gaming device may be a portable gaming device such as but not limited to a cell phone, a personal digital assistant, and a wireless game player. Images rendered from 3-D gaming environments may be displayed on portable gaming devices that are used to play a game of chance (¶ 0061). reconcile token usage in its tracking database 1556 with token usage stored on each gaming machine. The reconciliation process may comprise querying each gaming device for records of token it has received and tokens it has returned over a specific time period and then finding a corresponding record in its database (¶ 0247).
responsive to the determination being that a mobile device is associated with a game license:
Nguyen - When a license is available, i.e. all of the licenses are not in use, then the game licensing server 1552 grants the class 3 license to the requesting gaming device and the player may engage in a class 3 game play on the gaming machine. When the license is not available, the requesting gaming device may be notified that no class 3 licenses are available and the player may only engage in class 2 games on the gaming machine (¶ 0232). When the gaming machine decides that a software application, such as 1562, has terminated, the software agent 1560 may return the token for the application. When the gaming machine decides that a software application, such as 1562, has terminated, the software agent 1560 may return the token for the application. The license server 1552 may store a record of each token that is granted and returned in a token tracking database 1556 (¶ 0246).
Nguyen does not teach, however Goringe – in which like the current invention discloses priority based licensing – discloses:
disassociate the game license from being associated with the mobile device, and
Goringe - the first user's license may be revoked (¶ 0008). no user licenses are available when said request for a user license is received from said second user, and wherein said first priority level is less than said second priority level, said method further comprising: revoking said first license allocated to said first user (Claim 3).
grant the game license request of the electronic gaming machine.
Goringe - The license may then be allocated to the second user…the license may be allocated to the second user immediately after it is relinquished by the first user (¶ 0008).
Therefore, it would have been obvious to one of ordinary skilled of the art before the effective filing date of the claimed invention to modify the gaming environment of Nguyen with the prioritization of Goringe because doing so improves utilization of a limited license pool and to ensure that preferred or higher priority gaming devices obtain access to licenses when license availability is constrained.
Regarding Claim 2. The combination of Nguyen and Goringe further discloses:
The system of Claim 1, wherein when executed by the processor responsive to the determination being that the mobile device is associated with the game license, the instructions cause the processor to disassociate the game license from being associated with the mobile device after a predetermined period of time.
Nguyen - The licensing cost is based upon one or more of 1) a popularity of the game of chance, 2) a time that the game of chance is played, 3) a wager amount that is made on the game of chance, 4) a type of gaming machine on which the game of chance is played, 5) a location in the casino of the gaming machine, 6) a fixed cost per game, 7) a fixed cost per game that varies as a function of time, 8) a fixed cost per game that varies according to a total number of times the game of chance has been played on the gaming machine, 9) a number of games of chance that are being played on the gaming machine simultaneously (¶ 0024).
Regarding Claim 3. The combination of Nguyen and Goringe further discloses:
The system of Claim 2, wherein when executed by the processor responsive to the determination being that the mobile device is associated with the game license, the instructions cause the processor to communicate data to the mobile device that results in the mobile device displaying a disconnection message prior to a conclusion of the predetermined period of time.
Nguyen - an operator carrying a hand-held device may be able to communicate with gaming devices using the hand-held device and configure gaming devices on the casino floor using menus generated on the hand-held device and a communication interface between the hand-held device and a particular gaming device or the game software host 1572 (¶ 0290).
Regarding Claim 4. The combination of Nguyen and Goringe further discloses:
The system of Claim 2, wherein when executed by the processor responsive to a determination that another game license becomes available, the instructions cause the processor to communicate data to the mobile device that results in the mobile device displaying a resume message.
Nguyen - After the state of the gaming machine is restored during the play of a game of chance, game play may resume and the game may be completed in a manner that is no different than if the malfunction had not occurred. Typically, battery backed RAM devices are used to preserve this critical data although other types of non-volatile memory devices may be employed. These memory devices are not used in typical general-purpose computers (¶ 0072).
Regarding Claim 5. The combination of Nguyen and Goringe further discloses:
The system of Claim 1, wherein the electronic gaming machine is associated with a first gaming venue and the mobile device is associated with a second, different gaming venue.
Nguyen - The virtual network may also allow remote access to gaming information such as gaming performance information at various gaming establishments in the gaming entity from mobile access points. For example, the remote access point 134 may be a portable computer with a wireless modem. Typically, the remote access point 134 will have a high level of security such as special access software. Using the remote access point 134, a user such as a travelling employee of the game entity may access gaming information at casino 110 or casino 122 via the local ISP 314. The access may be routed through the central office 142 or may be routed directly to one of the casinos bypassing the central office. In addition, different access privileges may be accorded to different remote users. For instance, one remote user may be able to access information from any establishment in the gaming entity while another may only be able to access information from a particular establishment (¶ 0100).
Regarding Claim 6. The combination of Nguyen and Goringe further discloses:
The system of Claim 1, wherein the electronic gaming machine is associated with a gaming venue and the mobile device is not associated with any gaming venue.
Nguyen - In particular, for gaming establishments with a small number of gaming machines operating in a “stand alone” mode, a virtual network may be the only viable way to provide cost effective gaming services via a network. The virtual network is enabled by an encryption scheme which utilizes multiple key encryption and symmetric encryption keys to provide secure communication of sensitive gaming data. For each session, the symmetric encryption keys may be randomly generated or may be rotated by selecting from a pool of keys (¶ 0098).
Regarding Claim 7. The combination of Nguyen and Goringe further discloses:
The system of Claim 1, wherein the electronic gaming machine is associated with a first gaming venue and the game license is associated with a second, different gaming venue.
Nguyen - An advantage of the virtual network described above is that it allows gaming services such as data acquisition, game licensing and report generation to be provided a single gaming machine without the use of a dedicated network which are typically expensive. This advantage may potentially increase the utility of a gaming machine while reducing the costs associated with operating and maintaining a machine. In particular, for gaming establishments with a small number of gaming machines operating in a “stand alone” mode, a virtual network may be the only viable way to provide cost effective gaming services via a network. The virtual network is enabled by an encryption scheme which utilizes multiple key encryption and symmetric encryption keys to provide secure communication of sensitive gaming data (0098).
Regarding Claim 8. Nguyen teaches:
A system comprising: a processor; and
Nguyen - processor running instructions to generate the game of chance from an EPROM or other form of non-volatile memory (¶ 0065).
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
Nguyen - a memory device for storing the plurality of game software modules; 3) a trusted memory device for storing authentication logic used to determine that the plurality of game software modules are authorized for use on the gaming machine; 4) a gaming operating system comprising logic to load and unload the plurality of game software modules into a RAM from the memory device and to control the play of the game of chance (¶ 0018).
responsive to receipt of a first transfer request from a mobile device to an electronic gaming machine:
Note – Authorization to play is the operative license. A “request” is received and either authorized (license granted) or not (no license granted).
Nguyen - a gaming machine initiates a gaming license request (¶ 0115). In 612, a game license request message is generated with the encrypted game license request data. The game license request message may be sent to a remote server (¶ 0116). In 705, the remote server receives a game license request message from a gaming machine (¶ 0122). If no tokens are available, the game software host or the game-licensing server 1552 may notify the gaming device that no tokens are currently available and the gaming device may be placed on a waiting list (¶ 0291).
disassociate a game license from being associated with the mobile device, and associate the game license with the electronic gaming machine, and
Note – ending the session and deleting the game data revokes the device’s authorization and disassociates the license from that mobile device.
Nguyen - When a license is available, i.e. all of the licenses are not in use, then the game licensing server 1552 grants the class 3 license to the requesting gaming device and the player may engage in a class 3 game play on the gaming machine. When the license is not available, the requesting gaming device may be notified that no class 3 licenses are available and the player may only engage in class 2 games on the gaming machine (¶ 0232). When the gaming machine decides that a software application, such as 1562, has terminated, the software agent 1560 may return the token for the application. When the gaming machine decides that a software application, such as 1562, has terminated, the software agent 1560 may return the token for the application. The license server 1552 may store a record of each token that is granted and returned in a token tracking database 1556 (¶ 0246).
responsive to receipt of a second transfer request from the electronic gaming machine to the mobile device and a determination that another game license is available for another electronic gaming machine:
Note – ending the session and deleting the game data revokes the device’s authorization and disassociates the license from that mobile device.
Nguyen - When a license is available, i.e. all of the licenses are not in use, then the game licensing server 1552 grants the class 3 license to the requesting gaming device and the player may engage in a class 3 game play on the gaming machine. When the license is not available, the requesting gaming device may be notified that no class 3 licenses are available and the player may only engage in class 2 games on the gaming machine (¶ 0232). When the gaming machine decides that a software application, such as 1562, has terminated, the software agent 1560 may return the token for the application. When the gaming machine decides that a software application, such as 1562, has terminated, the software agent 1560 may return the token for the application. The license server 1552 may store a record of each token that is granted and returned in a token tracking database 1556 (¶ 0246).
Nguyen does not teach, however Goringe discloses:
disassociate the game license from being associated with the electronic gaming machine, and
Goringe - the first user's license may be revoked (¶ 0008). no user licenses are available when said request for a user license is received from said second user, and wherein said first priority level is less than said second priority level, said method further comprising: revoking said first license allocated to said first user (Claim 3).
associate the game license with the mobile device.
Goringe - The license may then be allocated to the second user…the license may be allocated to the second user immediately after it is relinquished by the first user (¶ 0008).
Therefore, it would have been obvious to one of ordinary skilled of the art before the effective filing date of the claimed invention to modify the gaming environment of Nguyen with the prioritization of Goringe because doing so improves utilization of a limited license pool and to ensure that preferred or higher priority gaming devices obtain access to licenses when license availability is constrained.
Regarding Claim 9. The combination of Nguyen and Goringe further discloses:
The system of Claim 8, wherein when executed by the processor responsive to the receipt of the second transfer request from the electronic gaming machine to the mobile device and a determination that the other game license is unavailable for the other electronic gaming machine: disassociate the game license from being associated with the electronic gaming machine, and associate the game license with the other electronic gaming machine.
Nguyen - The virtual network may also allow remote access to gaming information such as gaming performance information at various gaming establishments in the gaming entity from mobile access points. For example, the remote access point 134 may be a portable computer with a wireless modem. Typically, the remote access point 134 will have a high level of security such as special access software. Using the remote access point 134, a user such as a travelling employee of the game entity may access gaming information at casino 110 or casino 122 via the local ISP 314. The access may be routed through the central office 142 or may be routed directly to one of the casinos bypassing the central office. In addition, different access privileges may be accorded to different remote users. For instance, one remote user may be able to access information from any establishment in the gaming entity while another may only be able to access information from a particular establishment (¶ 0100).
Regarding Claim 10. The combination of Nguyen and Goringe further discloses:
The system of Claim 8, wherein when executed by the processor responsive to the receipt of the first transfer request from the mobile device to the electronic gaming machine, the instructions cause the processor to cause a transfer of any of game state data and funding data from the mobile device to the electronic gaming machine.
Nguyen - In a further example, the gaming machine 336 may generate a digital signature or some other type of unique identification information and may send a digital signature verification request or an identification verification request to a remote server. The verification request may be part of an electronic fund transfer. After receiving authorization from the remote server in an authorization reply, the gaming machine 336 may send a fund transfer request with fund transfer information to the remote server and may receive a fund transfer reply authorizing the gaming transaction (¶ 0096).
Regarding Claim 11. The combination of Nguyen and Goringe further discloses:
The system of Claim 8, wherein when executed by the processor responsive to the receipt of the second transfer request from the electronic gaming machine to the mobile device and the determination being that the other game license is available for the other electronic gaming machine, the instructions cause the processor to cause a transfer of any of game state data and funding data from the electronic gaming machine to the mobile device.
Nguyen - In the present invention, any gaming device that stores gaming software for downloads may download a complete set of the gaming software components used to play the game of chance or portions of a complete set of the gaming software components. Some examples of gaming software components may include but are not limited to: 1) a banking modules for coin-in, coin-out, credits cards, fund transfers, 2) security modules for tracking security events such as door open, lost power, lost communication, 3) bet modules for handling betting configurations such as a number of paylines, a number of coins per line and denominations (¶ 0130).
Regarding Claim 12. The combination of Nguyen and Goringe further discloses:
The system of Claim 8, wherein the electronic gaming machine is associated with a first gaming venue and the mobile device is associated with a second, different gaming venue.
Nguyen - The virtual network may also allow remote access to gaming information such as gaming performance information at various gaming establishments in the gaming entity from mobile access points. For example, the remote access point 134 may be a portable computer with a wireless modem. Typically, the remote access point 134 will have a high level of security such as special access software. Using the remote access point 134, a user such as a travelling employee of the game entity may access gaming information at casino 110 or casino 122 via the local ISP 314. The access may be routed through the central office 142 or may be routed directly to one of the casinos bypassing the central office. In addition, different access privileges may be accorded to different remote users. For instance, one remote user may be able to access information from any establishment in the gaming entity while another may only be able to access information from a particular establishment (¶ 0100).
Regarding Claim 13. The combination of Nguyen and Goringe further discloses:
The system of Claim 8, wherein the electronic gaming machine is associated with a gaming venue and the mobile device not associated with any gaming venue.
Nguyen - The virtual network may also allow remote access to gaming information such as gaming performance information at various gaming establishments in the gaming entity from mobile access points. For example, the remote access point 134 may be a portable computer with a wireless modem. Typically, the remote access point 134 will have a high level of security such as special access software. Using the remote access point 134, a user such as a travelling employee of the game entity may access gaming information at casino 110 or casino 122 via the local ISP 314. The access may be routed through the central office 142 or may be routed directly to one of the casinos bypassing the central office. In addition, different access privileges may be accorded to different remote users. For instance, one remote user may be able to access information from any establishment in the gaming entity while another may only be able to access information from a particular establishment (¶ 100).
Regarding Claim 14. The combination of Nguyen and Goringe further discloses:
The system of Claim 8, wherein the electronic gaming machine is associated with a first gaming venue and the game license is associated with a second, different gaming venue.
Nguyen - An advantage of the virtual network described above is that it allows gaming services such as data acquisition, game licensing and report generation to be provided a single gaming machine without the use of a dedicated network which are typically expensive. This advantage may potentially increase the utility of a gaming machine while reducing the costs associated with operating and maintaining a machine. In particular, for gaming establishments with a small number of gaming machines operating in a “stand alone” mode, a virtual network may be the only viable way to provide cost effective gaming services via a network. The virtual network is enabled by an encryption scheme which utilizes multiple key encryption and symmetric encryption keys to provide secure communication of sensitive gaming data. For each session, the symmetric encryption keys may be randomly generated or may be rotated by selecting from a pool of keys (¶ 0098).
Regarding Claim 15. Nguyen teaches:
A method of operating a system, the method comprising: responsive to receipt of a game license request from an electronic gaming machine and a determination that no game licenses are available to be granted:
Note – Authorization to play is the operative license. A “request” is received and either authorized (license granted) or not (no license granted).
Nguyen - a gaming machine initiates a gaming license request (¶ 0115). In 612, a game license request message is generated with the encrypted game license request data. The game license request message may be sent to a remote server (¶ 0116). In 705, the remote server receives a game license request message from a gaming machine (¶ 0122). If no tokens are available, the game software host or the game-licensing server 1552 may notify the gaming device that no tokens are currently available and the gaming device may be placed on a waiting list (¶ 0291).
determining, by a processor, if any mobile devices are associated with any game licenses, and responsive to the determination being that a mobile device is associated with a game license:
Note – A device that is authenticated/connected is the one associated with the playable authorization (license). The system determines those associations using device information.
Nguyen - The remote gaming device may be a portable gaming device such as but not limited to a cell phone, a personal digital assistant, and a wireless game player. Images rendered from 3-D gaming environments may be displayed on portable gaming devices that are used to play a game of chance (¶ 0061). reconcile token usage in its tracking database 1556 with token usage stored on each gaming machine. The reconciliation process may comprise querying each gaming device for records of token it has received and tokens it has returned over a specific time period and then finding a corresponding record in its database (¶ 0247).
Nguyen does not teach, however Goringe discloses:
disassociating, by the processor, the game license from being associated with the mobile device, and
Goringe - the first user's license may be revoked (¶ 0008). no user licenses are available when said request for a user license is received from said second user, and wherein said first priority level is less than said second priority level, said method further comprising: revoking said first license allocated to said first user (Claim 3).
granting, by the processor, the game license request of the electronic gaming machine.
Goringe - The license may then be allocated to the second user…the license may be allocated to the second user immediately after it is relinquished by the first user (¶ 0008).
Therefore, it would have been obvious to one of ordinary skilled of the art before the effective filing date of the claimed invention to modify the gaming environment of Nguyen with the prioritization of Goringe because doing so improves utilization of a limited license pool and to ensure that preferred or higher priority gaming devices obtain access to licenses when license availability is constrained.
Regarding Claim 16. The combination of Nguyen and Goringe further discloses:
The method of Claim 15, further comprising, responsive to the determination being that the mobile device is associated with the game license, disassociating, by the processor, the game license from being associated with the mobile device after a predetermined period of time.
Nguyen - The licensing cost is based upon one or more of 1) a popularity of the game of chance, 2) a time that the game of chance is played, 3) a wager amount that is made on the game of chance, 4) a type of gaming machine on which the game of chance is played, 5) a location in the casino of the gaming machine, 6) a fixed cost per game, 7) a fixed cost per game that varies as a function of time, 8) a fixed cost per game that varies according to a total number of times the game of chance has been played on the gaming machine, 9) a number of games of chance that are being played on the gaming machine simultaneously (¶ 0024).
Regarding Claim 17. The combination of Nguyen and Goringe further discloses:
The method of Claim 16, further comprising, responsive to the determination being that the mobile device is associated with the game license, communicating data to the mobile device that results in the mobile device displaying a disconnection message prior to a conclusion of the predetermined period of time.
Nguyen - an operator carrying a hand-held device may be able to communicate with gaming devices using the hand-held device and configure gaming devices on the casino floor using menus generated on the hand-held device and a communication interface between the hand-held device and a particular gaming device or the game software host 1572 (¶ 0290).
Regarding Claim 18. The combination of Nguyen and Goringe further discloses:
The method of Claim 16, further comprising, responsive to a determination that another game license becomes available, communicating data to the mobile device that results in the mobile device displaying a resume message.
Nguyen - After the state of the gaming machine is restored during the play of a game of chance, game play may resume and the game may be completed in a manner that is no different than if the malfunction had not occurred. Typically, battery backed RAM devices are used to preserve this critical data although other types of non-volatile memory devices may be employed. These memory devices are not used in typical general-purpose computers (¶ 0072).
Regarding Claim 19. The combination of Nguyen and Goringe further discloses:
The method of Claim 15, wherein the electronic gaming machine is associated with a first gaming venue and the mobile device is associated with a second, different gaming venue.
Nguyen - The virtual network may also allow remote access to gaming information such as gaming performance information at various gaming establishments in the gaming entity from mobile access points. For example, the remote access point 134 may be a portable computer with a wireless modem. Typically, the remote access point 134 will have a high level of security such as special access software. Using the remote access point 134, a user such as a travelling employee of the game entity may access gaming information at casino 110 or casino 122 via the local ISP 314. The access may be routed through the central office 142 or may be routed directly to one of the casinos bypassing the central office. In addition, different access privileges may be accorded to different remote users. For instance, one remote user may be able to access information from any establishment in the gaming entity while another may only be able to access information from a particular establishment (¶ 0100).
Regarding Claim 20. The combination of Nguyen and Goringe further discloses:
The method of Claim 15, wherein the electronic gaming machine is associated with a gaming venue, the mobile device is not associated with any gaming venue and the game license is associated with a second, different gaming venue.
Nguyen - In particular, for gaming establishments with a small number of gaming machines operating in a “stand alone” mode, a virtual network may be the only viable way to provide cost effective gaming services via a network. The virtual network is enabled by an encryption scheme which utilizes multiple key encryption and symmetric encryption keys to provide secure communication of sensitive gaming data. For each session, the symmetric encryption keys may be randomly generated or may be rotated by selecting from a pool of keys (¶ 0098).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kinsley (US20080234046A1) - Methods and devices are provided for central management of licenses, particularly those relating to wagering games. A license proxy deployed in and/or dedicated to a gaming establishment may operate under the control of a central licensing manager controlled by another entity, e.g., by a game provider. The license proxy may receive requests to enable features of an electronic gaming machine of the gaming establishment (e.g., game themes, player tracking features and/or peripheral device features) and determine, based on information provided by the central licensing manager, whether to grant such requests. The license proxy may also process requests to enable features of other devices in a gaming establishment, such as server-based features.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA C STEVENSON whose telephone number is (571)270-7280. The examiner can normally be reached on Monday - Friday from 8am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patrick , can be reached at telephone number 571-272-7575. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.C.S./Examiner, Art Unit 3698
/PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698
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