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 numbers for parent applications in paragraph [0001].
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) 1-5, 9-10, 12-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wudtke (US Pub. No. 2008/0268944 A1).
As per claims 1, 14, and 19, Wudtke teaches an electronic gaming system, method, and medium (abstract and Fig. 6), comprising: a gaming cabinet (Fig. 6 and paragraph [0007] describes a display being revealed via movement relative to the cabinet); a first display rotatably mounted to the gaming cabinet, the first display including a first edge having a first dimension and a second edge having a second dimension (Fig 6, item 64 and paragraph [0041] see cited secondary display which is rotatably mounted can rotate around the z axis); a second display (Fig. 6, item 60 and paragraph [0041] see top box as the second display and paragraph [0030] indicates that the top box includes a display for displaying animations and other game features), including: a screen housing (Fig. 6, item 60 and paragraph [0030]); and an extendable screen that is configured to extend towards the first display, to retract from the first display, to extend along the first display (Fig. 6, item 60 and paragraph [0041] extends upwards along display 64 which would reveal the display), or combinations thereof; and a controller configured to: control the first display to display a game (paragraph [0007] game information is displayed after revealing the display); control the first display to rotate (Fig 6, item 64 and paragraph [0041] see cited secondary display which is rotatably mounted can rotate around the z axis); and control the extendable screen of the second display to extend towards the first display, to retract from the first display or to extend along the first display in response to an extendible screen movement indication (Fig. 6, item 60 and paragraph [0041] extends upwards along display 64 which would reveal the display and paragraph [0066] moved in response to events).
As per claim 2, Wudtke teaches a system wherein the screen housing is an extendable screen housing that is configured to extend from the gaming cabinet according to control signals from the controller (Fig. 6, item 60 and paragraph [0041] extends upwards along display 64 which would reveal the display and paragraph [0066] moved in response to events).
As per claims 3 and 15, Wudtke teaches a system and method wherein the controller is configured to control the extendable screen to extend along the first edge of the first display or along the second edge of the first display (Fig. 6, see upwards along the side edges).
As per claims 4, 16, and 20, Wudtke teaches a system, method, and medium wherein the controller is configured to: cause the first display and the second display to form an enlarged display that includes the first display and the extendable screen (Fig. 6 fully extends more display space is available. Specifically applicant does not indicate how the larger display is to appear); and cause the enlarged display to present game content (paragraph [0007]).
As per claims 5 and 17, Wudtke teaches a system and method wherein the extendible screen movement indication comprises an indication that the first display is in a position suitable for the extendible screen to extend towards the first edge of the first display, to move away from the first edge of the first display or to extend along the first edge of the first display (paragraph [0041] would occur when the screen is not extended).
As per claim 9, Wudtke teaches a system wherein the screen housing resides outside of the gaming cabinet (Fig. 6).
As per claim 10, Wudtke teaches a system wherein the screen housing comprises an overhead signage housing (Fig. 6, see top box which would usually be over the head of a player and paragraph [0030] can contain signage).
As per claim 12, Wudtke teaches a system wherein the controller is configured to:cause the extendable screen to extend to the first display, such that the first display and the second display form an enlarged display that includes the first display and the extendable screen (Fig. 6 fully extends more display space is available. Specifically applicant does not indicate how the larger display is to appear); and cause the enlarged display to present game content (paragraph [0007]).
As per claim 13, Wudtke teaches a system wherein the extendible screen movement indication comprises a detection, by the controller, of one or more gaming conditions, one or more triggering events, one or more player inputs, a proximity of a person, or a proximity of one or more other mobile devices (paragraph [0066] moved in response to events).
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. 12243378. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims remain directed towards similar subject matter regarding a first display that is rotatable and a second display which extends relative to the first display. See below..
Current application
12243378 claim limitation
Reasoning
An electronic gaming system, comprising: a gaming cabinet;
1. An electronic gaming system comprising: a gaming cabinet;
Same
a first display rotatably mounted to the gaming cabinet, the first display including a first edge having a first dimension and a second edge having a second dimension;
1. a first display mounted to the gaming cabinet, operable to display a game, and having a first edge having a first dimension and a second edge having a second dimension;
initiate a retraction of the second display away from the first edge resulting in a retracted second display thereby permitting a rotation of the first display with respect to the gaming cabinet from a first orientation associated with the first edge toward a second orientation associated with the second edge
Current application is broader from of this.
a second display, including :a screen housing; and an extendable screen that is configured to extend towards the first display, to retract from the first display, to extend along the first display, or combinations thereof;
a second display being extendable and meeting the first edge of the first display;
initiate a retraction of the second display away from the first edge resulting in a retracted second display thereby permitting a rotation of the first display with respect to the gaming cabinet
Similar. 12243378 is directed towards the retraction embodiment.
And a controller configured to: control the first display to display a game; control the first display to rotate; and control the extendable screen of the second display to extend towards the first display, to retract from the first display or to extend along the first display in response to an extendible screen movement indication.
1. first display mounted to the gaming cabinet, operable to display a game,
cause the processor to at least: initiate a retraction of the second display away from the first edge resulting in a retracted second display thereby permitting a rotation of the first display with respect to the gaming cabinet from a first orientation associated with the first edge toward a second orientation associated with the second edge, in response to the first display reaching the second orientation, initiate an extension of the retracted second display in a first direction parallel to the second edge, and stop the extension of the retracted second display resulting in an extended second display, when the extended second display has an extended horizontal dimension that matches the second dimension.
Similar. 12243378 is directed towards the retraction embodiment.
Further dependent claims include similar subject matter regarding movement of the displays and the creation of a seamless joint display. 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.
Bai (US Pub. No. 2019/0364185 A1) teaches a device comprising a rotatable top display.
Rodriguez et al. (US Pub. No. 2012/0208645 A1) teaches a gaming machine comprising a top display which can be removed and pivoted relative to the gaming device.
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.
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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 9/22/2026
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