Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is in response to Application No. 19/037,697 filed on 01/27/2025.
3. Claims 1-18 are currently pending and have been examined.
4. This application is a continuation U.S. application No. 17/400,503 filed on 08/12/2021 now US Pat. No. 12,211,344 See MPEP 201.07. In accordance with MPEP 609.02 A.2 and MPEP 2001.06 (b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP 2001.06 (b) (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Patent Application need not be resubmitted in this application unless Applicants desire the information to be printed on a patent issuing from this application. See MPEP 609.02 A. 2. Finally, Applicants are reminded that the prosecution history of the Patent Application is relevant in this application.
Information Disclosure Statement
5. IDSs are considered.
6. Drawings filed on 01/27/2025 are noted.
Double Patenting
7. 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. See 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) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
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).
Claim 1 of US application no. 19/037,697 recites:
A system for adjusting wager odds, comprising:
At least one processor; and
At least one memory having instructions stored thereon which, when executed by the at least one processor, direct the at least one processor to:
Filter a historic database to match a current wager available on a gaming device;
Select a common parameter within historic data in the historic database,
Perform correlations for the selected parameter against other parameters within the historic database,
Determine when there is correlated data and the correlated data exceeds a first threshold,
Analyze player behavior on a wagering network, and
Adjust the current wager on the gaming device based on the correlated data that exceeds the first threshold and the player behavior.
Claim 1 of US Pat. No. 12,211,344 recites:
A system for adjusting wager odds, comprising:
At least one processor; and
At least one memory having instructions stored thereon which, when executed by the at least one processor, direct the at least one processor to:
Filter a historic database to match a current wager available on a gaming device;
Select a common parameter within historic data in the historic database,
Perform correlations for the selected parameter against other parameters within the historic database,
Determine when there is correlated data and the correlated data exceeds a first threshold,
Analyze player behavior, and
Adjust the current wager on the gaming device based on the correlated data that exceeds the first threshold and the player behavior.
The difference between claim 1 of application no. 19/037,697 and claim 1 of US Pat No. 12,211,344 is the limitations of: on a wagering network.
Claims 1-18 of application no. 19/037,697 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-12 of U.S. Pat. No.12,211,344. Although the conflicting claims are not identical, they are not patentably distinct from each other. Accordingly, it would have been obvious to those in possession of the invention to observe all the features claimed in instant claims 1-18 are being disclosed by claims 1-12 of U.S. Pat. No. 12,211,344. Therefore, one of ordinary skill in the art would have realized that the addition of the limitations of: ”on a wagering network” is an obvious expedient since the remaining elements perform the same functions as before. In re Karlson, 136 USPQ 184 (CCPA 1963.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to PIERRE E ELISCA whose telephone number is (571) 272-6706. The Examiner can normally be reached on Monday -Thursday; 6:30AM- 5:30PM. Hoteler.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Hu Kang can be reached on 571 270 1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PIERRE E ELISCA/Primary Examiner, Art Unit 3715
Prosecution Insights