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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 (What is the statutory category?):
Claims 1-20 are drawn to at least one of the four statutory categories of invention (ie: process, machine, manufacture, or composition).
Step 2A; Prong I (Does the claim recite an abstract idea?):
Claim 1 recites:
A device comprising:
a processor;
a first communication interface operable to communicate with one of:
a communication interface of an electronic gaming machine that operates with a gaming establishment floor management server within a gaming establishment ecosystem, and a communication interface of a mobile device that operates with a gaming establishment online server within the gaming establishment ecosystem;
a second communication interface operable to communicate with a remote gaming device that operates outside of the gaming establishment ecosystem by being independent of the gaming establishment floor management server and the gaming establishment online server; and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
responsive to a receipt, via the first communication interface and from one of the electronic gaming machine and the mobile device, of data associated with a first input on a first predicted identity of an anonymous player winning a first award, following a first occurrence of a first award triggering event, and
responsive to a determination that a second identity of a second player that won the first award comprises the first predicted identity, communicate data that results in a display, by a display device of the one of the electronic gaming machine and the mobile device, of a second award, and
responsive to a receipt, via the second communication interface and from the remote gaming device of data associated with a second input on a second predicted identity of the anonymous player winning the first award, following a second occurrence of the first award triggering event, and
responsive to a determination that the second identity of the second player that won the first award comprises the second predicted identity, communicate data that results in a display, by a display device of the remote gaming device, of the second award.
Claim 9 recites:
A device comprising:
a processor;
a first communication interface operable to communicate with one of:
a communication interface of an electronic gaming machine that operates with a gaming establishment floor management server within a gaming establishment ecosystem, and
a communication interface of a mobile device that operates with a gaming establishment online server within the gaming establishment ecosystem;
a second communication interface operable to communicate with a remote gaming device that operates outside of the gaming establishment ecosystem by being independent of the gaming establishment floor management server and the gaming establishment online server; and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
responsive to a receipt, via the first communication interface and from the one of the electronic gaming machine and the mobile device, of data associated with an input on a first prediction having a first attribute and associated with a progressive award triggering event relative to a first period of time, and
responsive to an occurrence of a prediction evaluation event and following a determination that the progressive award triggering event corresponded with the inputted first prediction, communicate data that results in a display, by a display device of the one of the electronic gaming machine and the mobile device, of another award maintained separate from the progressive award, and
responsive to a receipt, via the second communication interface and from the remote gaming device, of data associated with an input on a second prediction having a second, different attribute and associated with the same progressive award triggering event relative to the same first period of time, and
responsive to the occurrence of the prediction evaluation event and following a determination that the progressive award triggering event corresponded with the inputted second prediction, communicate data that results in a display, by a display device of the remote gaming device, of the other award.
Claim 14 recites:
A device comprising:
a processor;
a first communication interface operable to communicate with one of: a communication interface of an electronic gaming machine that operates with a gaming establishment floor management server within a gaming establishment ecosystem, and a communication interface of a mobile device that operates with a gaming establishment online server within the gaming establishment ecosystem;
a second communication interface operable to communicate with a remote gaming device that operates outside of the gaming establishment ecosystem by being independent of the gaming establishment floor management server and the gaming establishment online server; and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
responsive to a receipt, via the first communication interface and from the one of the electronic gaming machine and the mobile device, of data associated with a first range of predictions associated with a first award available in association with a variable period of time, and
responsive to an occurrence of a prediction evaluation event and following a determination that an award triggering event occurred in accordance with the inputted first range of predictions, communicate data that results in a display, by a display device of the one of the electronic gaming machine and the mobile device, of a second award maintained separate from the first award, and
responsive to a receipt, via the second communication interface and from the remote gaming device, of data associated with a second, different range of predictions associated with the same first award available in association with the same variable period of time, and
responsive to the occurrence of the prediction evaluation event and following a determination that the award triggering event occurred in accordance with the inputted second, different range of predictions, communicate data that results in a display, by a display device of the remote gaming device, of the second award.
[the Examiner submits that the foregoing underlined elements recite certain method of organizing human activity because they describe “managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)”]
According to the 2019 Revised Patent Subject Matter Guidelines, Certain Methods of Organizing Human Activity, Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions) "encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping." (Emphasis added)
To further elaborate on the Examiner’s interpretation regarding the claimed invention being directed towards certain methods of organizing human activity, the Examiner believes the invention describe managing interactions between people and machine (ie: a gaming system) in which rules or instructions for the gaming machine is being implemented (ie: a gaming system that lets players bet on predictions about a jackpot-style or progressive award in which other users can place wagers on such predictions about that award.)
Step 2A; Prong II (Does the claim recite a practical application?):
The Examiner submits that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application.
The dependent claims merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than instructions to implement the abstract idea on a computer, or use a computer as tool to perform the abstract idea.
Taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
The abstract idea is not integrated into a practical application for the following reasons. The claim elements of claims 1, 9, and 14 above that are not underlined constitute additional limitations.
The Examiner submits that the following additional limitation merely uses a computer as a tool to perform the abstract idea: cabinet, display device, and processor.
The Examiner finds that there are concepts regarding the application that simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality. For example:
Bregenzer, US 20040224745 discloses that it is well understood that software and firmware that controls for a casino-based game is stored on various memory devices, such as a ROM, EPROM, EEPROM, flash memory, hard drive, disk drive, or other alterable or inalterable memory or memories, and that the memory devices are linked to the processor or processors (paragraph 28);
Rehill et al., US 10726678 discloses that it is well known to one of ordinary skill in the graphical user interfaces are arranged to display information regarding a program, software application or other element associated with a computing device (Col 22, lines 44-47);
Fujimaki et al., US 20140114890 discloses that it is well known to one of ordinary skill in the art that a computer includes an input device, a central processing unit (CPU), a storage device (for example, a RAM) for storing data, a program memory (for example, a ROM) for storing a program, and an output device (paragraph 50);
DeLeon, US 20060116207, discloses that network communication between a central network computer system and the various gaming machines are conventional and well known in the field of gaming devices (paragraph 18);
Cockrell, Jr., US 20070057464, discloses that computer systems for implementing games can be suitable general-purpose computers having a processor and memory and are well known to one of ordinary skill in the art (paragraph 69);
Roemer, US 20100004045 discloses that it a database preferably comprises information regarding the identity of one or more players or patrons wherein such information may be stored in a variety of manners, including in a memory of an electronic player tracking system or database, as is well known in the art (paragraph 163);
Ang, US 20180130285, discloses that it is well-known to one of ordinary skill in the art that the function or functions of applications can be implemented in varying ways for gaming using well-known components such as a processor and memory (paragraph 69);
The above helps to suggest that the claimed components are no more than generic well-known components.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology; there is no additional element that applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception; the additional elements merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea; the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Step 2B (Are there additional elements that are “something more” than an abstract idea?):
Dependent Claims 2-8, 10-13, 15-20 do not include additional elements that are sufficient to amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
In addition, with regards to dependent claims, the courts have recognized the computer functions as well-understood, routine, and conventional activities when they are claimed in a merely generic manner (ie: at a high level of generality) or as insignificant extra-solution activity because each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of selecting information, based on types of information, for collection, analysis and display in EPG, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and performing repetitive calculation in Flook, Bancorp.
Therefore, the dependent claims are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
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 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,254,745. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention is interpreted as a broader version of U.S. Patent No. 12,254,745. A table has been provided below showing the similarities.
Application: 19/050729
U.S. Patent No. 12,254,745
A device comprising:
a processor;
1. A device comprising:
a processor; and
a first communication interface operable to communicate with one of: a communication interface of an electronic gaming machine that operates with a gaming establishment floor management server within a gaming establishment ecosystem, and a communication interface of a mobile device that operates with a gaming establishment online server within the gaming establishment ecosystem;
a first communication interface operable to communicate with a communication interface of an electronic gaming machine that operates with a gaming establishment floor management server within a gaming establishment ecosystem;
a second communication interface operable to communicate with a remote gaming device that operates outside of the gaming establishment ecosystem by being independent of the gaming establishment floor management server and the gaming establishment online server; and
a second communication interface operable to communicate with a communication interface of a mobile gaming device that operates with a gaming establishment online server within the gaming establishment ecosystem;
a third communication interface operable to communicate with a personal gaming device that operates outside of the gaming establishment ecosystem by being independent of the gaming establishment floor management server and the gaming establishment online server;
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
responsive to a receipt, via the first communication interface and from one of the electronic gaming machine and the mobile device, of data associated with a first input on a first predicted identity of an anonymous player winning a first award, following a first occurrence of a first award triggering event, and
responsive to a receipt, via the first communication interface and from the electronic gaming machine, of data associated with a first input on a first predicted identity of an anonymous player winning a first award, following a first occurrence of a first award triggering event, and
responsive to a determination that a second identity of a second player that won the first award comprises the first predicted identity, communicate data that results in a display, by a display device of the one of the electronic gaming machine and the mobile device, of a second award, and
responsive to a determination that a second identity of a second player that won the first award and the first predicted identity comprise the same identity, communicate data that results in a display, by a display device of the electronic gaming machine, of a second award,
responsive to a receipt, via the second communication interface and from the remote gaming device of data associated with a second input on a second predicted identity of the anonymous player winning the first award, following a second occurrence of the first award triggering event, and
responsive to a receipt, via the second communication interface and from the mobile gaming device, of data associated with a second input on a second predicted identity of the anonymous player winning the first award, following a second occurrence of the first award triggering event, and
responsive to a determination that the second identity of the second player that won the first award comprises the second predicted identity, communicate data that results in a display, by a display device of the remote gaming device, of the second award.
responsive to a determination that the second identity of the second player that won the first award and the second predicted identity comprise the same identity, communicate data that results in a display, by a display device of the mobile device, of the second award, and responsive to a receipt, via the third communication interface and from the personal gaming device of data associated with a third input on a third predicted identity of the anonymous player winning the first award, following a third occurrence of the first award triggering event, and responsive to a determination that the second identity of the second player that won the first award and the third predicted identity comprise the same identity, communicate data that results in a display, by a display device of the personal gaming device, of the second award
Application: 19/050729
U.S. Patent No. 12,254,745
9. A device comprising:
a processor;
a first communication interface operable to communicate with one of:
a communication interface of an electronic gaming machine that operates with a gaming establishment floor management server within a gaming establishment ecosystem, and
8. A device comprising: a processor; a first communication interface operable to communicate with a communication interface of an electronic gaming machine that operates with a gaming establishment floor management server within a gaming establishment ecosystem;
a communication interface of a mobile device that operates with a gaming establishment online server within the gaming establishment ecosystem;
a second communication interface operable to communicate with a remote gaming device that operates outside of the gaming establishment ecosystem by being independent of the gaming establishment floor management server and the gaming establishment online server; and
a second communication interface operable to communicate with a communication interface of a mobile gaming device that operates with a gaming establishment online server within the gaming establishment ecosystem;
a third communication interface operable to communicate with a personal gaming device that operates outside of the gaming establishment ecosystem by being independent of the gaming establishment floor management server and the gaming establishment online server; and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
responsive to a receipt, via the first communication interface and from the one of the electronic gaming machine and the mobile device, of data associated with an input on a first prediction having a first attribute and associated with a progressive award triggering event relative to a first period of time, and
responsive to a receipt, via the first communication interface and from the electronic gaming machine, of data associated with an input on a first prediction having a first attribute and associated with a progressive award triggering event not occurring in association with a first period of time, and responsive to an occurrence of a prediction evaluation event and following a determination that the progressive award triggering event did not occur in accordance with the inputted first prediction, communicate data that results in a display, by a display device of the electronic gaming machine, of another award maintained separate from the progressive award,
responsive to a receipt, via the second communication interface and from the mobile gaming device, of data associated with an input on a second prediction having a second, different attribute and associated with the same progressive award triggering event not occurring in association with the same first period of time, and
responsive to an occurrence of a prediction evaluation event and following a determination that the progressive award triggering event corresponded with the inputted first prediction, communicate data that results in a display, by a display device of the one of the electronic gaming machine and the mobile device, of another award maintained separate from the progressive award, and
responsive to the occurrence of the prediction evaluation event and following a determination that the progressive award triggering event did not occur in accordance with the inputted second prediction, communicate data that results in a display, by a display device of the mobile gaming device, of the another award maintained separate from the progressive award, and
responsive to a receipt, via the second communication interface and from the remote gaming device, of data associated with an input on a second prediction having a second, different attribute and associated with the same progressive award triggering event relative to the same first period of time, and
responsive to a receipt, via the third communication interface and from the personal gaming device, of data associated with an input on a third prediction having a third, different attribute and associated with the same progressive award triggering event not occurring in association with the same first period of time, and
responsive to the occurrence of the prediction evaluation event and following a determination that the progressive award triggering event corresponded with the inputted second prediction, communicate data that results in a display, by a display device of the remote gaming device, of the other award.
responsive to the occurrence of the prediction evaluation event and following a determination that the progressive award triggering event did not occur in accordance with the inputted third prediction, communicate data that results in a display, by a display device of the personal gaming device, of the another award maintained separate from the progressive award.
Best Applicable Prior Art
Regarding independent claim 1, the closest prior art Kane, WO 2006102441, in view of Van Ly, US 20090191960, is interpreted as disclosing: A device comprising: a processor; a first communication interface operable to communicate with one of: a communication interface of an electronic gaming machine that operates with a gaming establishment floor management server within a gaming establishment ecosystem, and a communication interface of a mobile device that operates with a gaming establishment online server within the gaming establishment ecosystem; a second communication interface operable to communicate with a remote gaming device that operates outside of the gaming establishment ecosystem by being independent of the gaming establishment floor management server and the gaming establishment online server; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: responsive to a receipt, via the first communication interface and from one of the electronic gaming machine and the mobile device, of data associated with a first input on a first predicted identity of an anonymous player winning a first award, following a first occurrence of a first award triggering event.
The prior art is interpreted as failing to disclose:
responsive to a determination that a second identity of a second player that won the first award comprises the first predicted identity, communicate data that results in a display, by a display device of the one of the electronic gaming machine and the mobile device, of a second award, and responsive to a receipt, via the second communication interface and from the remote gaming device of data associated with a second input on a second predicted identity of the anonymous player winning the first award, following a second occurrence of the first award triggering event, and responsive to a determination that the second identity of the second player that won the first award comprises the second predicted identity, communicate data that results in a display, by a display device of the remote gaming device, of the second award.
Regarding independent claim 9, the closest prior art Kane, WO 2006102441, in view of Van Ly, US 20090191960, is interpreted as disclosing:
A device comprising: a processor; a first communication interface operable to communicate with one of: a communication interface of an electronic gaming machine that operates with a gaming establishment floor management server within a gaming establishment ecosystem, and a communication interface of a mobile device that operates with a gaming establishment online server within the gaming establishment ecosystem; a second communication interface operable to communicate with a remote gaming device that operates outside of the gaming establishment ecosystem by being independent of the gaming establishment floor management server and the gaming establishment online server; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: responsive to a receipt, via the first communication interface and from the one of the electronic gaming machine and the mobile device, of data associated with an input on a first prediction having a first attribute and associated with a progressive award triggering event relative to a first period of time.
The prior art is interpreted as failing to disclose: responsive to an occurrence of a prediction evaluation event and following a determination that the progressive award triggering event corresponded with the inputted first prediction, communicate data that results in a display, by a display device of the one of the electronic gaming machine and the mobile device, of another award maintained separate from the progressive award, and responsive to a receipt, via the second communication interface and from the remote gaming device, of data associated with an input on a second prediction having a second, different attribute and associated with the same progressive award triggering event relative to the same first period of time, and responsive to the occurrence of the prediction evaluation event and following a determination that the progressive award triggering event corresponded with the inputted second prediction, communicate data that results in a display, by a display device of the remote gaming device, of the other award.
Regarding independent claim 14, the closest prior art Kane, WO 2006102441, in view of Van Ly, US 20090191960, is interpreted as disclosing: A device comprising: a processor; a first communication interface operable to communicate with one of: a communication interface of an electronic gaming machine that operates with a gaming establishment floor management server within a gaming establishment ecosystem, and a communication interface of a mobile device that operates with a gaming establishment online server within the gaming establishment ecosystem; a second communication interface operable to communicate with a remote gaming device that operates outside of the gaming establishment ecosystem by being independent of the gaming establishment floor management server and the gaming establishment online server; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: responsive to a receipt, via the first communication interface and from the one of the electronic gaming machine and the mobile device, of data associated with a first range of predictions associated with a first award available in association with a variable period of time.
The prior art is interpreted as failing to disclose:
responsive to an occurrence of a prediction evaluation event and following a determination that an award triggering event occurred in accordance with the inputted first range of predictions, communicate data that results in a display, by a display device of the one of the electronic gaming machine and the mobile device, of a second award maintained separate from the first award, and responsive to a receipt, via the second communication interface and from the remote gaming device, of data associated with a second, different range of predictions associated with the same first award available in association with the same variable period of time, and responsive to the occurrence of the prediction evaluation event and following a determination that the award triggering event occurred in accordance with the inputted second, different range of predictions, communicate data that results in a display, by a display device of the remote gaming device, of the second award.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (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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/JEFFREY K WONG/Primary Examiner, Art Unit 3715
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