DETAILED ACTION
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 to response to Application No. 19/213,568 filed on 05/20/2025.
3. Claims 1-20 are currently pending and have been examined.
4. This application is a continuation of U.S. application No. 18/439,565 filed on 02/12/2024 now U.S Patent 12,333,903 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. IDS filed on 08/14/2025.
Double Patenting
6. 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. 19/213,568 recites:
A non-transitory computer readable medium storing instructions executable by a game controller operable to facilitate transactions at a physical table system, wherein the physical table system comprises:
A physical table including a dealer area of the table on which a dealer of the physical table places gaming elements corresponding to a transaction being conducted on the physical table and a plurality of respective player areas of the physical table on which players place gaming elements corresponding to transactions in which the players are involved; and
at least one detecting component operable to detect each gaming element being placed within a read area thereof and to read data of the gaming element;
and wherein the instructions comprise instructions for directing the game controller to:
Determine, based on data received from a particular detecting component of the at least one detecting component, that a particular at least one gaming element has been placed on the area of the physical table corresponding to the particular detecting component;
Identify, for the particular at least one gaming element detected by the particular detecting component, a status corresponding to the particular at least one gaming element;
Identify at least one of stage of a game being played on the physical table or a state of the physical table;
Automatically initiate, based on the status of the at least one gaming element and at least one of the at least one of a stage of a game being played at the physical table or the state of the physical table, a first transaction mode at the physical table.
Claim 1 of US Pat. No. 12,333,903 recites:
A non-transitory computer readable medium storing instructions executable by a game controller operable to facilitate transactions at a physical table system, wherein the physical table system comprises:
A physical table including a dealer area of the table on which a dealer of the physical table places gaming elements corresponding to a transaction being conducted on the physical table and a plurality of respective player areas of the physical table on which players place gaming elements corresponding to transactions in which the players are involved; and
A plurality of detecting components operable to detect each gaming element being placed within a read area thereof and to read data of the gaming element;
and wherein the instructions comprise instructions for directing the game controller to:
determine, based on data received from a particular detecting component, that a particular at least one gaming element has been placed on the area of the physical table corresponding to the particular detecting component;
Identify, for the particular at least one gaming element detected by the particular detecting component, a status corresponding to the particular at least one gaming element;
Identify at least one of (i) an event corresponding to the physical table; and (ii) a first type of transaction currently being conducted at the physical table;
Infer, based on the status of the at least one gaming element and at least one of the event and the first type of transaction, that a second type of transaction is being initiated at the physical table; and;
automatically enter a transaction mode corresponding to the second type of transaction.
The difference between claim 1 of application no. 19/9/213,568 and claim 1 of US Pat No. 12,333,903 is the limitation of: “automatically initiate, based on the status of the at least one gaming element and at least one of the at least one of a stage of a game being played at the physical table or the state of the physical table, a first transaction mode at the physical table”.
Claims 1-20 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Pat. No.12,333,903. 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 1-20 are being disclosed by claims 1-20 of U.S. Pat. No.12,333,903. Therefore, one of ordinary skill in the art would have realized that by adding the limitations of: ”automatically initiate, based on the status of the at least one gaming element and at least one of the at least one of a stage of a game being played at the physical table or the state of the physical table, a first transaction mode at the physical table” is an obvious expedient since the remaining elements perform the same functions as before. In re Karlson, 136 USPQ 184 (CCPA 1963.
Conclusion
7. 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- 7:30PM. Hoteler.
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.
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