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 .
Specification
Applicant should indicate granted patent number for cited applications in paragraph [0001].
35 USC § 101
See paragraph [0006] of applicant’s disclosure wherein the setup includes a practical application for being flexible for a plurality of a games. Therefore the claims are not rejected under 101.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Griswold et al. (US Pub. No. 2005/0059458 A1 hereinafter referred to as Griswold).
As per claims 1, 8, and 15, Griswold teaches an electronic gaming device, system, and method (abstract and Fig. 2 see gaming apparatus) comprising: at least one primary display device (Fig. 2, item 70, Fig. 6A, item 350, and paragraph [00067] “FIG. 6A is an example display 350 that may be shown on the display unit 70 during performance of the video poker routine” teaches a primary display for displaying the game); at least one secondary display device comprising a hybrid display area (paragraph [0075] of applicant’s disclosure indicates that a hybrid display area can be a secondary display with virtual buttons) and a plurality of buttons (Fig. 2, item 66, Fig. 6B, items 356, paragraph [0068] “control panel 356 is similar to the control panel 66 described with reference to FIG. 2A”, and paragraph [0069] “allow the player to control the play of the video poker game, a plurality of player-selectable buttons may be provided and/or displayed on the control panel 356. Images 358 of playing cards representing the player's hand, and corresponding with the images 352 shown on the display 350 of FIG. 6A, may be displayed in the display area 357. Additionally, a plurality of "Hold" buttons 359 may be displayed on, proximate to, etc., the images 358.” Teaches a secondary touch display which includes virtual buttons for player input that also shows a game image and therefore is hybrid in nature. The game image being playing cards in a player’s hand.); at least one memory with instructions stored thereon (Fig. 3, items 102 and 106); and at least one processor (Fig. 3, item 104) in communication with the at least one memory (Fig. 3), wherein the instructions, when executed by the at least one processor, cause the at least one processor to: receive a first input associated with a first electronic game (Fig. 8, item 382 and paragraph [0072] player selects to deal a new hand which starts a game); based upon the first input, cause display of a plurality of playing cards for a play of the first electronic game on the at least one primary display device (Fig. 6A and paragraph [0072] “In that case, at block 384 a video poker hand may be "dealt" by causing the display unit 70 to generate the playing card images 352.” A hand is dealt on the primary display); cause display of at least one playing card identifier in the hybrid display area, the at least one playing card identifier associated with at least one of the plurality of playing cards (Fig. 6B, item 358 and paragraph [0069] “a plurality of player-selectable buttons may be provided and/or displayed on the control panel 356. Images 358 of playing cards representing the player's hand, and corresponding with the images 352 shown on the display 350 of FIG. 6A, may be displayed in the display area 357. Additionally, a plurality of "Hold" buttons 359 may be displayed on, proximate to, etc., the images 358.” Images of the player’s playing cards are displayed on the secondary display with corresponding buttons to allow a player to select to hold the card including the button on the image itself); and cause display of at least one selectable action associated with the at least one playing card identifier at at least one button of the plurality of buttons (Fig. 6B, item 358 and paragraph [0069] “a plurality of player-selectable buttons may be provided and/or displayed on the control panel 356. Images 358 of playing cards representing the player's hand, and corresponding with the images 352 shown on the display 350 of FIG. 6A, may be displayed in the display area 357. Additionally, a plurality of "Hold" buttons 359 may be displayed on, proximate to, etc., the images 358.” Images of the player’s playing cards are displayed on the secondary display with corresponding buttons to allow a player to select to hold the card including the button on the image itself).
As per claims 2, 9, and 16, Griswold teaches a gaming device, system, and method wherein the at least one selectable action comprises at least one of a hold action or a discard action (Fig. 6B, item 358 and paragraph [0069] “a plurality of player-selectable buttons may be provided and/or displayed on the control panel 356. Images 358 of playing cards representing the player's hand, and corresponding with the images 352 shown on the display 350 of FIG. 6A, may be displayed in the display area 357. Additionally, a plurality of "Hold" buttons 359 may be displayed on, proximate to, etc., the images 358.” Images of the player’s playing cards are displayed on the secondary display with corresponding buttons to allow a player to select to hold the card including the button on the image itself).
As per claims 3, 10, and 17, Griswold teaches a gaming device, system, and method wherein the instructions further cause the at least one processor to, based upon a second input at the at least one button, cause the at least one of the plurality of playing cards associated with the at least one playing card identifier to one of be held or be discarded for the play (Fig. 6A, item 353 and paragraph [0067] and [0072] player selects to hold or not with item 353 showing a display of the indicator if a card is held).
As per claims 4, 11, and 18, Griswold teaches a gaming device, system, and method wherein the instructions further cause the at least one processor to cause the at least one playing card identifier to be displayed in the hybrid display area adjacent the at least one button of the plurality of buttons (Fig. 6B, item 358 and paragraph [0069] “a plurality of player-selectable buttons may be provided and/or displayed on the control panel 356. Images 358 of playing cards representing the player's hand, and corresponding with the images 352 shown on the display 350 of FIG. 6A, may be displayed in the display area 357. Additionally, a plurality of "Hold" buttons 359 may be displayed on, proximate to, etc., the images 358.” Images of the player’s playing cards are displayed on the secondary display with corresponding buttons to allow a player to select to hold the card including the button proximate image itself such as below as shown in Fig. 6B).
As per claims 5, 12, and 19, Griswold teaches a gaming device, system, and method wherein the first input is associated with selection of the first electronic game from a plurality of electronic games (Fig. 4, item 208 and paragraph [0061] player selects which game to play which includes the poker game item 210).
As per claims 6 and 13, Griswold teaches a gaming device and system wherein the instructions further cause the at least one processor to receive a second input associated with a second electronic game of the plurality of electronic games (Fig. 4 and paragraph [0061] lists a plurality of games to be selected and Figs. 7A-7B, 11A-11B, 14A-14B, and 19A-19B presents examples of gameplay including the primary game and the inputs on the secondary display which would be a second input for a second electronic game).
As per claims 7, 14, and 20, Griswold teaches a gaming device, system, and method wherein the instructions further cause the at least one processor to, based upon the second input: cause display of a first plurality of game aspects associated with the second electronic game in the hybrid display area, the first plurality of game aspects different from the at least one playing card identifier (Fig. 4 and paragraph [0061] lists a plurality of games to be selected and Figs. 7A-7B, 11A-11B, 14A-14B, and 19A-19B presents examples of gameplay including the primary game and the inputs on the secondary display which would be a second input for a second electronic game); and cause display of a second plurality of game aspects associated with the second electronic game on the plurality of buttons, the second plurality of game aspects associated with the first plurality of game aspects and different from the at least one selectable action (Fig. 4 and paragraph [0061] lists a plurality of games to be selected and Figs. 7A-7B, 11A-11B, 14A-14B, and 19A-19B presents examples of gameplay including the primary game and the inputs on the secondary display which would be a second input for a second electronic game).
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. 11288912. Although the claims at issue are not identical, they are not patentably distinct from each other because the invention are directed towards similar inventions with the difference being the exclusion of the button deck assembly in the current application. See below.
Current application claims.
Claims: 11288912
Reasoning
1. An electronic gaming device comprising:
1. An electronic gaming machine comprising:
Same
at least one primary display device;
1. a first display comprising a touchscreen portion, the first display configured to prompt a user to select a wagering game from the plurality of wagering games executable by the game controller
See first display separate from a second display.
at least one secondary display device comprising a hybrid display area and a plurality of buttons;
1. a second display, the second display comprising: a hybrid display area comprising a first portion of the second display and a touchscreen input component, the hybrid display area configured to display a first plurality of features associated with the wagering game in response to user selection of the wagering game
Second display is a hybrid display.
at least one memory with instructions stored thereon; and at least one processor in communication with the at least one memory, wherein the instructions, when executed by the at least one processor, cause the at least one processor to:
1. An electronic gaming machine comprising: a game controller configured to execute a plurality of wagering games
Examiner recognizes that one of ordinary skill in the art would known that a electronic gaming device which includes a controller would also have memory to store instructions for the controller to process.
receive a first input associated with a first electronic game; based upon the first input, cause display of a plurality of playing cards for a play of the first electronic game on the at least one primary display device;
6. The electronic gaming machine of claim 5 wherein the plurality of gaming items comprise a plurality of virtual playing cards.
7. The electronic gaming machine of claim 6 wherein the at least one option associated with the plurality of virtual playing cards includes: a hold option, wherein upon receipt of a user selection of the hold option for a virtual playing card, the virtual playing card is selected by the game controller to be kept in the wagering game; and a cancel option, wherein upon receipt of a user selection of the cancel option for a virtual playing card, the virtual playing card is selected by the game controller to not be kept in the wagering game.
Claims 6-7 makes clear that the secondary display displays gaming items such as cards with associated game options such as holding the card.
cause display of at least one playing card identifier in the hybrid display area, the at least one playing card identifier associated with at least one of the plurality of playing cards;
See above
and cause display of at least one selectable action associated with the at least one playing card identifier at at least one button of the plurality of buttons.
7. The electronic gaming machine of claim 6 wherein the at least one option associated with the plurality of virtual playing cards includes: a hold option, wherein upon receipt of a user selection of the hold option for a virtual playing card, the virtual playing card is selected by the game controller to be kept in the wagering game; and a cancel option, wherein upon receipt of a user selection of the cancel option for a virtual playing card, the virtual playing card is selected by the game controller to not be kept in the wagering game.
See options listed.
Further the dependent claims read on further actions to perform including the inclusion of a plurality of games which is covered by claim 1. Therefore the claims are not patentably distinct.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lapalme et al. (US Pub. No. 2019/0102969 A1 hereinafter referred to as Lapalme) teaches a gaming device comprising (Figs. 1-2, item 262 and paragraphs [0088], [0092], and [0094]-[0097]) physical buttons which are attached to the touch screen which are transparent to allow an image from the touch screen to be viewed through the button lens (paragraph [0097]) which are configured to be depressed (paragraphs [0095]-[0096]) in order to provide input to the touch screen (paragraphs [0088] and [0092]).
Yoshizawa (US Pub. No. 2009/0227346 A1) a gaming machine (abstract) comprising a first and second touch screen displays (Figs. 2 and 11, items 30, 312, 40, and 412 and paragraphs [0107], [0113]-[0114], and [0117]) for the purpose of accepting input (paragraphs [0106] and [0117] player input can influence the direction of displayed symbols) the gaming machine further including player input means for instructions to start a game (paragraph [0045]).
Hedrick et al. (US Pub. No. 2015/0228153 A1 hereinafter referred to a Hedrick) teaches a gaming device (abstract) wherein a touch input area is divided in half horizontally between a button layer on one part and further gaming related input on the other half (Fig. 21 and paragraph [0008]).
Lyons et al. (US Pub. No. 2014/0094298 A1 hereinafter referred to as Lyons) teaches a gaming machine (abstract) comprising a virtual button deck including virtual buttons (Figs. 2A-3, 73-78, and 80 and paragraph [0018], [0177], and [0460]-[0461] describes and displays various virtual button decks comprising a touch screen with virtual buttons for input for various games. See example item 320 virtual button in Fig. 3 which allows for cards to be drawn.) wherein the virtual deck includes a hybrid combination with a physical button (Figs. 73-78 and 80 and paragraph [0460] includes a physical button to the right of the displayed virtual buttons) and the virtual buttons allows for the selection between items including for a card game such as drawing cards (Fig. 3, item 320) or for virtual slot games regarding the bet amount per line (Figs. 73-74).
Gagner et al. (US Pub. No. 2010/0267449 A1) teaches a gaming machine comprising a touch screen wherein a player may select from a plurality of games the touch screen including virtual buttons.
Cohen et al. (US Pub. No. 2011/0111852 A1) teaches a gaming device comprising a hybrid touch screen with physical depressible buttons.
Karpfinger (US Pub. No. 2011/0157056 A1) teaches a electronic touch screen display with attached physical buttons.
Okazaki et al. (US Pub. No. 2014/0179429 A1) teaches a gaming machine comprising translucent physical buttons designed to show an image displayed on the gaming machine related to the physical button's gaming function.
Quek (US Pub. No. 2015/0261297 A1) teaches an electronic touch screen comprising attachable physical buttons.
Humphrey et al. (US Pub. No. 2019/0026989 A1) teaches a card game comprising input for holding a card on a virtual display and physical or virtual buttons for input.
Rasmussen (US Pat. No. 8,235,789 B2) teaches a gaming device wherein a movable game indicator, such as cards or slot reels, is displayed under a push button.
Wells (US Pub. No. 2024/0038721 A1) teaches a gaming device a dynamic tactile button wherein image data is updated by a gaming controller including the button being for game selections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 9/2/2026
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