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 .
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 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 12,400,517. Although the claims at issue are not identical, they are not patentably distinct from each other because they both disclose a system for recognizing gaming chips at a gaming table, wherein the gaming table is provided with a chip tray configured to store dealer's gaming chips, a card shoe configured to store playing cards and read the playing cards drawn therefrom for a game, and a table surface on which betting targets are demarcated, wherein the gaming chip incorporates an RFID storing at least amount identifiable information, the system comprising: a first chip recognition system configured to recognize a gaming chip wagered by a player on a betting object on the gaming table surface, wherein the first chip recognition system has: a camera configured to capture the wagered gaming chips to generate an image, and an image analyzer configured to recognize the amount of the gaming chips, the number of chips, and the betting target bet on by analyzing the image; or a reader configured to recognize the amount of gaming chips, the number of chips, and the betting target bet on by reading the RFIDs of the bet gaming chips; a second chip recognition system configured to recognize at least the total amount of gaming chips stored in the chip tray by reading the RFIDs of the gaming chips stored in the chip tray; a win/loss determination system configured to determine a winner of the gaming chips recognized by the first chip recognition system based on a result of reading the playing cards at a card shoe and a result of recognizing the gaming chips by the first chip recognition system; and an exchange recognition system configured to recognize an exchange between bills provided by a player and a gaming chips provided by a dealer by reading at least the RFIDs of the gaming chips at the table surface or the chip tray (see claim 1 of US Patent No 12,400,517, showing a table game management system having a camera for capturing and analyzing one or more images on the gaming table. The Patent discusses image analysis devices for determining and recognizing chips and various images, which the examiner construes to include money, facial recognition, etc.).
This is an obviousness-type double patenting rejection.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,741,780. Although the claims at issue are not identical, they are not patentably distinct from each other because they both disclose a system for recognizing gaming chips at a gaming table, wherein the gaming table is provided with a chip tray configured to store dealer's gaming chips, a card shoe configured to store playing cards and read the playing cards drawn therefrom for a game, and a table surface on which betting targets are demarcated, wherein the gaming chip incorporates an RFID storing at least amount identifiable information, the system comprising: a first chip recognition system configured to recognize a gaming chip wagered by a player on a betting object on the gaming table surface, wherein the first chip recognition system has: a camera configured to capture the wagered gaming chips to generate an image, and an image analyzer configured to recognize the amount of the gaming chips, the number of chips, and the betting target bet on by analyzing the image; or a reader configured to recognize the amount of gaming chips, the number of chips, and the betting target bet on by reading the RFIDs of the bet gaming chips; a second chip recognition system configured to recognize at least the total amount of gaming chips stored in the chip tray by reading the RFIDs of the gaming chips stored in the chip tray; a win/loss determination system configured to determine a winner of the gaming chips recognized by the first chip recognition system based on a result of reading the playing cards at a card shoe and a result of recognizing the gaming chips by the first chip recognition system; and an exchange recognition system configured to recognize an exchange between bills provided by a player and a gaming chips provided by a dealer by reading at least the RFIDs of the gaming chips at the table surface or the chip tray (see claim 1 of US Patent No 11,741,780, showing a table game management system having a camera for capturing and analyzing one or more images on the gaming table. The Patent discusses image analysis devices for determining and recognizing chips and various images, which the examiner construes to include money, facial recognition, etc.).
This is an obviousness-type double patenting rejection.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11,393,780. Although the claims at issue are not identical, they are not patentably distinct from each other because they both disclose a system for recognizing gaming chips at a gaming table, wherein the gaming table is provided with a chip tray configured to store dealer's gaming chips, a card shoe configured to store playing cards and read the playing cards drawn therefrom for a game, and a table surface on which betting targets are demarcated, wherein the gaming chip incorporates an RFID storing at least amount identifiable information, the system comprising: a first chip recognition system configured to recognize a gaming chip wagered by a player on a betting object on the gaming table surface, wherein the first chip recognition system has: a camera configured to capture the wagered gaming chips to generate an image, and an image analyzer configured to recognize the amount of the gaming chips, the number of chips, and the betting target bet on by analyzing the image; or a reader configured to recognize the amount of gaming chips, the number of chips, and the betting target bet on by reading the RFIDs of the bet gaming chips; a second chip recognition system configured to recognize at least the total amount of gaming chips stored in the chip tray by reading the RFIDs of the gaming chips stored in the chip tray; a win/loss determination system configured to determine a winner of the gaming chips recognized by the first chip recognition system based on a result of reading the playing cards at a card shoe and a result of recognizing the gaming chips by the first chip recognition system; and an exchange recognition system configured to recognize an exchange between bills provided by a player and a gaming chips provided by a dealer by reading at least the RFIDs of the gaming chips at the table surface or the chip tray (see claim 1 of US Patent No 11,393,284, showing a table game management system having a camera for capturing and analyzing one or more images on the gaming table. The Patent discusses image analysis devices for determining and recognizing chips and various images, which the examiner construes to include money, facial recognition, etc.).
This is an obviousness-type double patenting rejection.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 10,748,378. Although the claims at issue are not identical, they are not patentably distinct from each other because they both disclose a system for recognizing gaming chips at a gaming table, wherein the gaming table is provided with a chip tray configured to store dealer's gaming chips, a card shoe configured to store playing cards and read the playing cards drawn therefrom for a game, and a table surface on which betting targets are demarcated, wherein the gaming chip incorporates an RFID storing at least amount identifiable information, the system comprising: a first chip recognition system configured to recognize a gaming chip wagered by a player on a betting object on the gaming table surface, wherein the first chip recognition system has: a camera configured to capture the wagered gaming chips to generate an image, and an image analyzer configured to recognize the amount of the gaming chips, the number of chips, and the betting target bet on by analyzing the image; or a reader configured to recognize the amount of gaming chips, the number of chips, and the betting target bet on by reading the RFIDs of the bet gaming chips; a second chip recognition system configured to recognize at least the total amount of gaming chips stored in the chip tray by reading the RFIDs of the gaming chips stored in the chip tray; a win/loss determination system configured to determine a winner of the gaming chips recognized by the first chip recognition system based on a result of reading the playing cards at a card shoe and a result of recognizing the gaming chips by the first chip recognition system; and an exchange recognition system configured to recognize an exchange between bills provided by a player and a gaming chips provided by a dealer by reading at least the RFIDs of the gaming chips at the table surface or the chip tray (see claim 1 of US Patent No 10,748,378, showing a table game management system having a camera for capturing and analyzing one or more images on the gaming table. The Patent discusses image analysis devices for determining and recognizing chips and various images, which the examiner construes to include money, facial recognition, etc.).
This is an obviousness-type double patenting rejection.
Conclusion
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
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