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. 19/225,398 filed on 06/02/2025.
3. Claims 1-20 are currently pending and have been examined.
4. This application is a continuation of U.S. application No. 18/639,413 filed on 04/18/2024 now U.S Patent 12,340,659 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.
Double Patenting
5. 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. 19/225,398 recites:
A processor; and
A memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
Responsive to an occurrence of an authorization of funds in association with a first funding instrument prohibited from causing any transfer of any amount of funds directly to any gaming device:
Cause a modification of a cashless wagering account based on a first amount of funds associated with the authorization of funds, and then
Cause a transfer of a second amount of funds from the cashless wagering account to a gaming device, and
Responsive to the occurrence of the authorization of funds in association with a second, different funding instrument permitted to cause a transfer of an amount of funds directly to the gaming device, enable a transfer of the second amount of funds to the gaming device.
Claim 1 of US Pat. No. 12,340,659 recites:
A processor; and
A memory device that stores a plurality of instructions that, when executed by the processor responsive to an occurrence of a funding transfer complete event associated with a funding instrument prohibited from causing any transfer of any amount of funds directly to a credit balance of a gaming device, cause the processor to:
Cause a modification of a gaming establishment account based on a first amount of funds associated with the funding transfer complete event, and after causing the modification of the gaming establishment account based on the first amount of funds, cause a transfer of a second amount of funds to the credit balance of the gaming device.
The difference between claim 1 of application no. 19/225,398 and claim 1 of US Pat No. 12,340,659 is the limitation of: “responsive to the occurrence of the authorization of funds in association with a second, different funding instrument permitted to cause a transfer of an amount of funds directly to the gaming device, enable a transfer of the second amount of funds to the gaming device”.
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.12,340,659. 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.12,340,659. Therefore, one of ordinary skill in the art would have realized that by adding the limitations of: ” responsive to the occurrence of the authorization of funds in association with a second, different funding instrument permitted to cause a transfer of an amount of funds directly to the gaming device, enable a transfer of the second amount of funds to the gaming device” is an obvious expedient since the remaining elements perform the same functions as before. In re Karlson, 136 USPQ 184 (CCPA 1963.
Conclusion
6. 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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PIERRE E ELISCA/Primary Examiner, Art Unit 3715
Prosecution Insights