DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Prior Art
There are currently no prior art rejections against claims 1-20.
The closest prior art of record includes Weber et al., US 2010/0105454 A1 (hereinafter Weber); of Santhana, US 2007/0265984 A1 (hereinafter Santhana); Lutnick et al., US 2008/0207296 A1 (hereinafter Lutnick); and Alsina et al., US 2010/0278345 A1 (hereinafter Alsina).
Weber discloses a system for interfacing with a third-party application (Weber [Abstract])). A gaming machine with a master gaming controller may execute externally-controlled interface (ECI) processes that enable content generated and managed on the remote host to be output on the gaming machine (Weber [0058]). In some embodiments, the ECI content may include a virtual Automatic Teller Machine (ATM) 616 which may enable the gaming machine to provide fund transfers and monetary account management (Weber [0190]). Weber fails to explicitly disclose the details of how the transfer of money is accomplished.
Santhana teaches a method and system for conducting money or value point transactions between a first mobile device and a second mobile device in a network of a plurality of mobile devices (Santhana [Abstract]). Each mobile device contains a radio frequency identification module with a digital wallet on each said mobile device for storing and processing digital value points (Santhana [Abstract]). The transaction is initiated by the first mobile device with the second mobile device by exchanging RFID identifiers and digital certificates via radio frequency identification transmission and reception (Santhana [Abstract]). Digital certificates can be exchanged between the digital wallets of the first and second mobile devices using radio frequency transmission (Santhana [Abstract]). The method and system disclosed herein allows users equipped with RFID enabled mobile devices to transact over a short range without a need for connectivity to a banking infrastructure or a central network (Santhana [Abstract]). In one embodiment, a first mobile device is an RFID enabled mobile phone and a second mobile device is an RFID enabled automated teller machine (ATM) (Santhana [0035]).
Electronic transactions involving the transfer of money that can be protected by limiting the distance between a mobile gaming device and a point-of-sale terminal, thereby limiting the malicious interference by other devices that may be in the vicinity. Lutnick teaches a mobile gaming device may interact with a point-of-sale terminal (Lutnick [Abstract]). Lutnick further teaches wherein it may be determined whether a mobile gaming device is within a particular threshold range of a POS terminal (Lutnick [0020]). It may be determined whether a mobile gaming device is within 20 feet of a POS terminal (Lutnick [0020]). To this end, in various embodiments, the distance between the mobile gaming device and the POS terminal may be determined (Lutnick [0020]). The distance may then be compared to the threshold (Lutnick [0020]). If the distance is less than the threshold, then the mobile gaming device may be determined to be within the threshold range of the POS terminal (Lutnick [0020]).
Electronic transactions involving the transfer of money that can be protected by limiting the distance between a mobile gaming device and a point-of-sale terminal, thereby limiting the malicious interference by other devices that may be in the vicinity. Alsina teaches a method and an apparatus that establishes a first communication channel or pair with a target device in proximity to a source device (Alsina [Abstract]). In one embodiment, a proximity interface module detects the presence of a target device via a proximity sensor, such as sensor 103 of FIG. 1A (Alsina [0040]). The proximity interface module may be based on short range communication protocols, such as using IR signals, sound, ultrasound, RF signals or LED flashing light signals (Alsina [0040]). In one embodiment, the proximity interface module 207 includes a short range wireless network interface adaptor for sending/receiving associated wireless network packets (Alsina [0040]). For example, the proximity interface module constantly send out (or broadcast) wireless packet with an INIT pattern to announce an interest in device pairing (Alsina [0040]). The proximity interface module may perform data exchange (e.g. handshakes) with a target device to determine its presence within close proximity, e.g. less than one to three inches, as configured via the associated proximity sensor (e.g. based on a power level applied) (Alsina [0040]).
The prior art does not teach or suggest receiving, at a sensor of the cashless wagering system of the gaming device, a sensory input from a debit instrument, the sensor comprising an accelerometer, a near field magnetic reader, or a Bluetooth sensor.
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. 12,100,260 B2; claims 1-20 of U.S. Patent No. 12,236,743; and claims 1-20 of U.S. Patent No. 12,087,127 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they vary slightly in terms of wording.
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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/WERNER G GARNER/Primary Examiner, Art Unit 3715
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