DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Objections
Claim 1 is objected to because of the following informalities: line 14 states ", the “have” should be changed to “has” to fix grammatical error. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: line 16 states "an advertisement", should be “the advertisement”. Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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 1 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Nguyen et al. (US Patent 8,087,988; referred to hereinafter as Nguyen) and further in view of Zellner et al. (US Patent 7,097,108; referred to hereinafter as Zellner).
Claim 1: Nguyen discloses an apparatus comprising, a card device (figure 1) comprising, a substrate having a front face and a back face (figure 1) a display coupled to the front face of the substrate (figure 1, element 34) and an element coupled to the substrate and configured to: receive an indication of a first card value and control the display to display the first card value (col. 12: 15-23, wherein an initial poker hand is generated and displayed). Nguyen also discloses receiving an indication of a second card value (draw poker game, in which discarded cards are replaced with new cards, which is constituted as the second card value), receive an advertisement to display on the display (col. 24: 26-38), and control the display to replace the first card value with the second card value (during the play of the draw poker game discarded cards are replaced with new cards, which is constituted as the second card value) and to display the advertisement. Nguyen also discloses, a server configured to receive information identifying the advertisement, determine that the advertisement should be displayed on the card device, determine the first card value and determine the second card value (col. 2: 17-35 & col. 9: 11-7, random distribution of playing cards). Nguyen, however, fails to disclose that each device has a combined length, width, and height substantially similar to a playing card and has a combined structure that is flexible. In an analogous art, Zellner teaches an electronic card having a vertical and horizontal dimension substantially similar to a standard card, which includes a first and second opposing face and a combined structure that is flexible (Abstract & figures 2-3 and col. 5: 14-53). Zellner also teaches the device includes a flat panel display extended over the front face. It would have been obvious for one with ordinary skill in the art, at the time the invention was made, to have modified the gaming device disclosed by Nguyen, to implement the game structure to be similar to a playing card, as taught by Zellner. The combination of Nguyen and Zellner would create a game device that is easy to use and convenient to carry around by a player.
Conclusion
This is a Continuation of applicant's earlier Application No. 12477954. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIT PANDYA whose telephone number is (571)272-2823. The examiner can normally be reached M-F 9:30-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at 571-270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNIT PANDYA/ Primary Examiner, Art Unit 3715
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