Detailed Action
Double Patenting
The nonstatutory double patenting rejection is summarized as follows:
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 obviousness-type 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), and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 2, 10 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 14 of US 12236748 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other because the patent and the application are claiming common subject matter, as follows:
19029383 (This application)
US 12236748 B2
2. A gaming system manager comprising a processor and memory storing a plurality of instructions that, when executed, cause the processor to at least: receive mobile device information for a mobile device in communication with a controller; compare the received mobile device information to stored in a the memory of the gaming system manager; transmit an authentication signal to the controller when the received mobile device information matches the
1. A gaming system manager for use in a gaming establishment, the gaming system manager comprising a processor and memory storing a plurality of instructions that, when executed, cause the processor to at least: receive mobile device information for a mobile device in communication with a controller; compare the received mobile device information to player tracking information in a player account; transmit an authentication signal to the controller when the received mobile device information matches the player tracking information, wherein the authentication signal converts the mobile device to a trusted device within the gaming establishment; transmit a rejection signal to the controller when the received mobile device information does not match the player tracking information in the player account; receive a request from the mobile device to play a game of chance; and authorize one or more transfer funds into or out of the player account and the mobile device to participate in the game of chance based, at least in part, on the player tracking information and the mobile device being a trusted gaming device within the gaming establishment.
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) A person shall be entitled to a patent unless—
(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
Claims 2, 5, 6, 8-10, 13-16 and 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davis et al (US 2008/0182667 A1).
Regarding claim 2, Davis discloses a gaming system manager comprising a processor and memory (Fig. 1) storing a plurality of instructions that, when executed, cause the processor to at least receive mobile device information for a mobile device in communication with a controller (20), compare the received mobile device information to information stored in the memory of the gaming system manager (¶ [0072]: server and client may transmit private keys as authentication), transmit an authentication signal to the controller when the received mobile device information matches the information (¶ [0072]: acknowledgement), wherein the authentication signal converts the mobile device to a trusted device (54), receive a request from the mobile device to play a game of chance, and authorize the mobile device to participate in the game of chance based, at least in part, on the information and the mobile device being a trusted gaming device (¶ [0097]).
Regarding claim 5, Davis discloses determining whether the mobile device is currently authenticated, and the received mobile device information matches the information when the mobile device is currently authenticated (54).
Regarding claim 6, Davis discloses determining wherein the received mobile device information comprises a username, a password, an account number, player tracking information, facial recognition information, voice recognition information, or a combination thereof (¶ [0072]: private keys).
Regarding claim 8, Davis discloses creating a gaming session for the mobile device in response to authorizing the mobile device to participate in the game of chance based, receive game session data from the mobile device during the gaming session, and transmit game session data to the mobile device during the gaming session (¶ [0097]).
Regarding claim 9, Davis discloses transmitting the game of chance to the mobile device, causing the game of chance to be downloaded on the mobile device, creating a player tracking account, creating an account for the mobile device, transmitting a list of the games of chance to the mobile device, or a combination thereof (¶ [0097]).
Regarding claim 10, Davis discloses a method of authorizing a mobile device by a gaming system manager and a controller configured to communicate with the gaming system manager (Abstract), the method comprising receiving, by the controller, mobile device information for the mobile device in communication with the controller over a wireless network (¶¶ [0072] and [0132]), comparing, by the gaming system manager, the received mobile device information to information stored in a memory of the gaming system manager (¶ [0072]: server and client may transmit private keys as authentication), transmitting, by the gaming system manager, an authentication signal to the controller when the received mobile device information matches the information stored in the memory of the gaming system manager (¶ [0072]: acknowledgement), wherein the authentication signal converts the mobile device to a trusted device (54), receiving, by the controller, a request from the mobile device to play a game of chance, and authorizing, by the gaming system manager, the mobile device to participate in the game of chance based, at least in part, on the information and the mobile device being a trusted gaming device (¶ [0097]).
Regarding claims 13 and 19, Davis discloses wherein the comparing the received mobile device information to information stored in the memory of the gaming system manager further comprises determining whether the mobile device is currently authenticated and the received mobile device information matches the information when the mobile device is currently authenticated (54).
Regarding claims 14 and 20, Davis discloses creating a gaming session for the mobile device in response to authorizing the mobile device to participate in the game of chance based, receiving game session data from the mobile device during the gaming session, and transmitting game session data to the mobile device during the gaming session (¶ [0097]).
Regarding claims 15 and 21, Davis discloses wherein creating the gaming session for the mobile device further comprises transmitting the game of chance to the mobile device, causing the game of chance to be downloaded on the mobile device, creating a player tracking account, creating an account for the mobile device, transmitting a list of the games of chance to the mobile device, or a combination thereof (¶ [0097]).
Regarding claim 16, Davis discloses a non-transitory computer-readable medium (Fig. 1) comprising a plurality of instructions for authorizing a mobile device to initiate a game or service (Abstract) by a gaming system manager configured to communicate with a controller and having a processor (Fig. 1), the instructions, which, when executed, cause one or more processors to perform the steps of receiving, by the controller, mobile device information for the mobile device in communication with the controller over a wireless network (¶¶ [0072] and [0132]), comparing, by the gaming system manager, the received mobile device information to information stored in a memory of the gaming system manager (¶ [0072]: server and client may transmit private keys as authentication), transmitting, by the gaming system manager, an authentication signal to the controller when the received mobile device information matches the information stored in the memory of the gaming system manager (¶ [0072]: acknowledgement), wherein the authentication signal converts the mobile device to a trusted device (54),, receiving, by the controller, a request from the mobile device to play a game of chance (¶ [0097]), and authorizing, by the gaming system manager, the mobile device to participate in the game of chance based, at least in part, on the information and the mobile device being a trusted gaming device (¶ [0097]).
Allowable Subject Matter
Claims 3, 4, 7, 11, 12, 17 and 18 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and if appropriate action is taken to overcome the rejection under the nonstatutory double-patenting doctrine set forth in this office action.
Conclusion
The prior art considered pertinent to applicant's disclosure and not relied upon is made of record on the attached PTO-892 form.
Crawford (US 20140274306 A1) discloses cashless wagering with a smartphone.
Shepherd et al (US 20130337878 A1) discloses projected gaming with a mobile device.
Williams et al (US 20140274306 A1) discloses gaming through mobile or portable devices.
Lutnick (US 20130225282 A1) discloses a portable gaming device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE ROWLAND whose telephone number is (469) 295-9129. The examiner can normally be reached on M-Th 10-8. 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 number for the organization where this application or proceeding is assigned is (571) 273-8300.
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.
Applicant may choose, at his or her discretion, to correspond with Examiner via Internet e-mail. A paper copy of any and all email correspondence will be placed in the appropriate patent application file. Email communication must be authorized in advance. Without a written authorization by applicant in place, the USPTO will not respond via e-mail to any correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122.
Authorization may be perfected by submitting, on a separate paper, the following (or similar) disclaimer:
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Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with me concerning any subject matter of this application by electronic mail. I understand that a copy of these communications will be made of record in the application file.
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See MPEP 502.03 for more information.
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/STEVE ROWLAND/Primary Examiner, Art Unit 3715
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