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 .
Non-statutory Anticipatory Double Patenting Rejection
2. 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 claims because the examined application claim is either anticipated by, or would have been obvious over, the reference claims. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
3. Claims 1–20 of the instant application are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1–11 and 13-20 of U.S. Patent No. 12,412,211 (Patent Application S/N 18/521,481).
Although the claims at issue are not identical, they are not patentably distinct from the issued claims. For example, claim 1 of the instant application is anticipated by claim 1 of the issued patent.
Patent claim 1 of the issued patent recites:
A gaming establishment credit system comprising:
a processor; and
a memory device that stores a plurality of instructions that, when executed by the processor responsive to a receipt of data associated with a request to establish a gaming establishment line of credit of a first amount of funds exclusively accessible in association with a gaming establishment and following a user separately logging into a financial institution computing device and authorizing, independent of the processor interfacing with the financial institution computing device, a release of financial
information associated with a financial account of the user maintained by the financial institution, cause the processor to:
receive, from the financial institution computing device and via an independently operating external funding system, the released financial information associated with the financial account, wherein the financial account is maintained independent of the processor, the financial information is distinct from any data associated with any credit check of the user and the financial institution is distinct from any credit reporting agency,
determine, based on the received financial information and without receiving any
data associated with any credit check of the user determined by any credit reporting
agencies computing devices, a parameter of the gaming establishment line of credit, and
responsive to a determination of a first parameter of the gaming establishment line of credit;
enable an activation of a first gaming establishment marker for up to the first amount of funds, and
responsive to the activation of the first gaming establishment marker in association with an electronic gaming machine, cause a transfer of fund data associated with at least part of the first amount of funds to modify a credit balance of the electronic gaming machine independent of any receipt of any physical item associated with any monetary value to modify the credit balance of the electronic gaming machine.
Claim 1 of the instant application recites:
A system comprising:
a processor; and
a memory device that stores a plurality of instructions that, when executed by the
processor responsive to a receipt of data associated with a request to establish a gaming establishment line of credit of a first amount of funds following a user separately logging into a financial institution computing device and authorizing, independent of the processor interfacing with the financial institution computing device, a release of financial information associated with a financial account of the user maintained by the financial institution, cause the processor to:
receive, from the financial institution computing device and via an independently operating external funding system, the released financial information associated with the financial account, wherein the financial account is maintained independent of the processor,
determine, based on the received financial information, a parameter of the gaming establishment line of credit, and
responsive to a determination of a first parameter of the gaming establishment line of credit:
enable an activation of a first gaming establishment marker for up to the first amount of funds, and
responsive to the activation of the first gaming establishment marker in association with an electronic gaming machine, cause a transfer of fund data associated with at least part of the first amount of funds to modify a credit balance of the electronic gaming machine.
The following limitations contained in claim 1 of the issued patent are not included as part of claim 1 of the instant patent application:
“exclusively accessible in association with a gaming establishment and…
the financial information is distinct from any data associated with any credit check of the user and the financial institution is distinct from any credit reporting agency…
and without receiving any data associated with any credit check of the user determined by any credit reporting agencies computing devices…
independent of any receipt of any physical item associated with any monetary value to modify the credit balance of the electronic gaming machine.”
Thus, issued patent claim 1 of the reference patent is in essence a “species” of the generic invention of the instant application claim 1. It has been held that a generic invention is “anticipated” by a “species” that is within the scope of the generic invention. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Therefore, claim 1 of the instant application is anticipated by claim 1 of the issued patent. The same holds true for claims 10 of both the instant application and issue patent as well as claim 12 of the instant application and claim 13 of the issued patent. Both sets of claims are nearly identical with one another apart from the limitations shown above which are not present in the claims of the instant application. Hence, claim 10 of the instant application is anticipated by claim 10 of the issued patent. Also, claim 12 of the instant application is anticipated by claim 13 of the issued patent.
For claim 2, claim 5 of the issued patent discloses a system that is identical to claim 2 of the instant application.
For claim 3, claim 6 of the issued patent discloses a system that is identical to claim 3 of the instant application.
For claim 4, claim 4 of the issued patent discloses a system that is identical to claim 4 of the instant application.
For claim 5, claim 2 of the issued patent discloses a system that is identical to claim 5 of the instant application.
For claim 6, claim 7 of the issued patent discloses a system that is identical to claim 6 of the instant application.
For claim 7, claim 3 of the issued patent discloses a system that is identical to claim 7 of the instant application.
For claim 8, claim 8 of the issued patent discloses a system that is identical to claim 8 of the instant application.
For claim 9, claim 9 of the issued patent discloses a system that is identical to claim 9 of the instant application.
For claim 11, claim 11 of the issued patent discloses a system that is identical to claim 11 of the instant application.
For claim 13, claim 17 of the issued patent discloses a method that is identical to claim 13 of the instant application.
For claim 14, claim 18 of the issued patent discloses a method that is identical to claim 14 of the instant application.
For claim 15, claim 16 of the issued patent discloses a method that is identical to claim 15 of the instant application.
For claim 16, claim 14 of the issued patent discloses a method that is identical to claim 16 of the instant application.
For claim 17, claim 19 of the issued patent discloses a method that is identical to claim 17 of the instant application.
For claim 18, claim 15 of the issued patent discloses a method that is identical to claim 18 of the instant application.
For claim 19, claim 20 of the issued patent discloses a method that is identical to claim 19 of the instant application.
For claim 20, claim 9 of the issued patent discloses a method that is identical to claim 19 of the instant application.
Prior Art Not Relied Upon
5. The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. (See MPEP §707.05). The Examiner considers the following reference pertinent for disclosing various features relevant to the invention, but not all the features of the invention, for at least the following reasons:
“receive, from the financial institution computing device and via an
independently operating external funding system, the released financial information
associated with the financial account, wherein the financial account is maintained
independent of the processor,
determine, based on the received financial information, a parameter of the
gaming establishment line of credit, and
responsive to a determination of a first parameter of the gaming establishment
line of credit:
enable an activation of a first gaming establishment marker for up to the
first amount of funds, and
responsive to the activation of the first gaming establishment marker in
association with an electronic gaming machine, cause a transfer of fund data
associated with at least part of the first amount of funds to modify a credit
balance of the electronic gaming machine.”
The closest prior art of record is Sanford et al. (U.S. Pub. No. 2015/0011283) which discloses systems and methods for poker gameplay funding through crediting gaming account and the debiting of a stored value account. However, Sanford fails to disclose that the user logs into his or her financial account to allow access to various financial information in order to determine a line of credit that can be utilized by the user. These features are not taught by Sanford, but are part of the currently claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to AMIT PATEL whose telephone number is (313) 446-4902. The examiner can normally be reached on Monday thru Thursday, 7:30 AM - 5:30 PM EST.
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, Matthew Gart, can be reached at (571) 272-3955. The Examiner’s fax number is (571) 273-6087. 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.
/Amit Patel/
Examiner
Art Unit 3696
/EDWARD CHANG/Primary Examiner, Art Unit 3696
Prosecution Insights