Noiice of A No wability
`
`Application No.
`
`Derek J. Webb
`
`-.
`
`'
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`, which has been
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`-.-
`Ail clalnrs being allowable, PIWSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed], a Notice of Aliowance and Issue Fee Due or other appropriate communication will be
`mailed in due course.
`w This communication is responsive to -fh8 arnerrdrnenr Wed 2/14/00
`The: allowsd clairnbl islere 7-4, 7-25, 27-L7L_40-44, 46-5,5, and 57-59 -
`1.7 The drawings flled on __
`are acceptable
`w /\cl(nowledgernent is macle of a claim for foreign priority under 35 U.S.C. § 1 1 91aHd).
`Some' 0 None of the CERTIFIED copies of the priority documents have been
`Is] All
`E l received.
`W received In Application No. (Series CodelSerial Number1
`08/504,02,7_- .
`i] received In this national stage sppllcation from the International Bureau (PCT Rule '1 7.2(alL
`'Certified copies not received:
`fl Ac'znowladgsment Is made of a clalrn for domestic priorlty under 35 U.S.C. § 119(e).
`A SHORTENED STATUTORY PERIOD FOR RESPONSE to comply with the requirements noted below is set to EXPIRE
`THREE MONTHS FROM THE "DATE MAILED" of this Office action. Failure to timely comply wlll result in
`ABANDONMENT of this application. Extensions of time may be obtained under the provisions of 37 CFR 1.736ia).
`0 Note the attached EXAMINER'S AMENDMENT or NOTICE OF INFORMAL APPLICATION, PTO-162, which dlscloses
`that the oath or declaration is deficient. A SUBSTITUTE OATH OR DECLARATION IS REQUIRED.
`[XI Applicant MUST submit NEW FORMAL DRAWINGS
`0 because the originally filed drawings were declared by epplicant to be informal
`including changes required by the Notice of Draftsperson's Patent Drawing I?aview, PTO-948, atteched hereto or
`10 Paper No.
`1-1 including changes required by the proposed drawing correction filed on -
`approved by the examiner.
`CTI including changes required by the attached Examiner's AmendmentlCornment.
`Idontlfylng indicia such as the applicatlon number [see 37 CFR 1.84Lc)) should be written on the reverse side of tire
`' drawings. The drawlngs should he filed as a separate peper wlth a transmittal lettter addressed to the Official
`Dransperson.
`E1 Note the attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BiOLOGlCAL MATERIAL..
`Any response to this letter :should include, in the upper right hand corner, the APPLICATION NUMBER [SERIES
`CODUSERIAL NUMBER). If applicant has received a Notice of Allowance and Issue Fee Due, tht! ISSUE BATCH NUMBER
`and DATE of the NOTICE OF ALLOWANCE should also be included.
`At lac hment(6)
`W Notice of References Cited, PTO-892
`D( Information Disclosure Statementlsl, PTO-1449, Peper No(s1. - ,-
`M Notice of Draftsperson's Patent Drawing Review, PTO-948
`Notice of Informal Patent Application, PTO-152
`lrrterview Summary, PTO-413
`c:! Examiner's AmendmsntlComment
`CI Examiner's Comment Regarding Requirement for Deposit of Biological Material
`MI Examiner's Statemerit of Aeasons for Allowance
`
`I
`
`\J. S. Piiant and Tiidcmik Otflca
`>TO-37 (Rev. 9-95)
`
`Notice of Allowability
`
`Part of Paper No.
`
`72
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`Page 1
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`

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`ApplicatiodControl Number: 0911 70092
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`Art Unit: 371 1
`
`Page 2
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`WASONS FOR ALLOWANCE
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`1.
`
`The following is an examiner’s statement o f reasons for allowance:
`
`The newly cited patent to I-lesse et al. and the patents to Kangsanaraks cited in the
`
`Applicant’s IDS disclose card urtmes wherein each player is dealt a hand of up to three cards. If a
`player has a poker type hand of three-of-a-kind, the player automatically wins. However, the
`
`Examiner can find no motivation of incorporating the teachings in Hcsse et al. or Kangsanaraks to
`
`Jones et al. 973’. None of’the cited reference6 alone or in combina.tion teach the claimed
`
`limitation of “A method of playing only three-cwd poker.”, and “dealing only three cards each to
`
`said player and said dealer”.
`
`Any comments considered ncccssary by applicant must be submitted no later than the
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`payment of the issue fee and, to avoid processing delays, should prel’erably accompany the issue
`
`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
`
`Allowance. ”
`
`2.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to Benjamin H. Layno whose telephone number is (703) 308-1815.
`
`For oflicial fax communications to be officially entered in the application the fax number
`
`is (703) 305-3579.
`
`For informal fax cointnunications the fax number is (703) 308-7768.
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`Page 2
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`

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`Application/Control Number: 09/170092
`
`Art Unit: 3711
`
`Page 3
`
`Any inquiry of a general nature or relating to the status of this application or procecding
`
`should be directed to the receptionist whose telephone number is (703) 308-1 148.
`
`Any inquiry concerning the drawings should he directed to the Drafting Division whose
`
`telephone number js (703) 305-8335,
`
`bhl
`
`April 25, 2000
`
`Benjamin H. Layno
`
`Primary Examiner
`
`Art Unit 371 1
`
`Page 3
`
`

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`--
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`Notice of Referonces Cited
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`..I--
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`-
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`-~
`Applicant ....
`Applicetion No.
`OB117 0.082
`Examiner
`Benjamiri H. Lnyno
`
`Derek J. Webb
`
`Page 1 of 1
`
`-
`
`f
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`NON-PATENT DOCUMENTS
`DOCUMENT ind dud in^ Aurtmr. liUe. Sarrr~, ud P a r h i t PagtmJ
`
`OA1 E
`
`Notice of References Clted
`
`Part of Paper No. l2
`
`Page 4
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`

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`BY APPLICANT
`
`Serial No. 091170,002
`
`Group 3711
`
`. .I'IMl*.f
`
`1.ltl.l
`
`Copyright filing with the Bureau voor de Intellechrele Eigcndom, Anrba, 13 pgs, (January 13, 1 9 6 )
`Published Rule Sheet for Casino Poker from \regas World, 1 page, (1982)
`'w,
`"Card Crapc:", SiarakE-
`pp. 321-323, (1948)
`
`Examhex
`
`IDate Consider d 4ri- r a a
`I
`I
`< z t t I L u t , C Dieclonurc G t a t p e n c Porn lpT0-1IIOI
`' ~ E h M l l i 5 R ~ lnltlel i E CicacLon consldared, whcLhcr oe not c l t a t l b n i s i n confornmce u i t h HPKP 6aY1 Draw l i n e through citation I E not I n conformance
`Include copy of thin Corn ui1.h next o m n i c a t i o r a to appllcant.
`aid ret conaidercd.
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`I . . " ..,..
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`Page 5
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`NO'l'l CE OF DI~AFTSTERSON'S
`PATENT DRAWING REVIEW
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`-
`Sillire dircciiun EL llie VIEW. 37 UFR
`
`I.R4(p)(l)
`
`Page 6
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`

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`C I -w..."
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`a=.
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`I
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`UNITED STAT^ ~EPARTMENT OF
`Patent and TrademarkSff ice
`
`NOTICE OF ALLOWANCE AND ISSUE FEE DUE
`QMl2/042G
`SCWWEOMAN LLINDEERG HOESSNER AND KLUTH,
`B. A,
`P.O.BOX 2938
`MI NNEAPOL. 1 S M N 55402
`
`.._
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`APPLtCATlON NO.
`
`FILING DATE
`
`I
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`TOTALCLAIMS
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`I
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`EXAMINER AND GROUP ART UNIT
`
`DATE MAILED
`
`First Named
`Applicanf .
`TITLE OF
`INVENTION
`
`35 USC t53(b) t e r m ext. =
`IrlEBB,
`METI-HID 4NP &PPURA'fUS FOR F L A Y I N1.3 CARD GAMES
`
`i t Days.
`
`--. -.
`
`?C
`ATTY'S DOCKET NO.
`
`I CLASS-SUBCLASS
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`I BATCHNO.
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`I
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`APPLN.lYPE
`
`I SMALLENTITY
`
`1
`
`FEEDUE
`
`I
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`DATE DUE
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PA TENT.
`PROSECUTION ON THE MERITS IS CLOSED.
`
`i
`I
`THE ISSUE FEE MUST BE PAID WITHIN THREE MONTHS FROM THE M A l L l N ~ % O T l C E OR THIS'\
`CANNOT BE EXTENDED.
`APPLICATION SHALL BE REGARDED AS ABANDONED. THIS STA-TUTORY
`- .
`
`__
`
`HOW TO RESPOND TO THIS NOTICE:
`I. Review the SMALL ENTITY status shown above.
`If the SMALL ENTITY is shown as YES, verify your
`current SMALL ENTITY status:
`
`A. If the status is changed, pay twics the amount of the
`FEE DUE shown above and notify the Patent and
`Trademark Office of the change in status, or
`B. If the status is the same, pay the FEE DUE shown
`above.
`
`If the SMALL ENTITY is shown as NO:
`
`A. Pay FEE DUE shown above, or
`
`B. File verified statement of Small Entity Status before, or with,
`payment of 1/2 the FEE DUE shown above.
`II. Part B-Issue Fee Transmittal should be completed and returne o the Patent and Trademark Office (PTO) with your
`arge to deposit account, Part 6 Issue Fee Transmittal
`ISSUE FEE. Even if the ISSUE FEE has already been paid b
`should be completed and returned. If you are charging the ISSUE FEE to your deposit account, section " 4 b of Part
`B-Issue Fee Transmittal should be completed and an extra copy of the form should be submitted.
`Ill. AH communications regarding this application must give application number and batch number.
`Please direct all communications prior to issuance to Box ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on
`maintenance fees. It is p
`fees when due.
`PATENT AND TRADEMARK OFF1
`PTOL-85 (REV. 10-96) Approved for use through 06/30/99. (0651-0033)
`
`on or after Dec. 12, 1980 may require payment of
`ibility to ensure timely payment of maintenance
`
`'U.S. GPO 1899454-457/24801
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`Page 7
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`lntervie w Summary
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`.--I---
`
`Applicaliorl No.
`0@/170.082
`
`-
`Applic;,;,t(s)
`
`Derek J. Webb
`
`All participants (eppllcant, applicant's representative, PTO personnel]:
`(1) Benjsmin H. Leyno
`ferrar
`
`~
`
`(31 ... .. ____
`141
`
`(2) ,&@fer
`
`Jan 31, 2001 -
`Dnte of Interview -,,_._I ,,___
`Telephonic 0 Personal (copy Is given to
`
`Type:
`
`tlpplicant 0 applicant's representativel.
`
`Exhibit shown or demonstration conducted:
`----
`----
`
`Agrmrnent
`
`[XI was reached. u was not reached,
`
`Yes
`
`~
`
`[g! No.
`__...
`
`If yes, brief description:
`-
`
`Clalintsj dlscussed: 1, 15, 36, 43, e n d 4 6
`
`ldentificatlon of prior art discussed:
`
`-
`
`I--
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`-I-
`
`Descriinlon 01 the Oeneral nature of what was agreed to If an agreement was rsrched, or any other commrnte:
`Tlw Examiiier Indicated lhel elalms 1 nnd 43 were Indefijiite. The lim/tetions mr8celvlng endoptionel second wager;
`end recniving an optional third wogsr" are positive steps of " r e ? " not effected by the term "optional". However,
`the phrase "if said second and third wagers were received" in each claim, implies ihaf-wagers may not have been
`rsxiverl, a condition which is clearly hconsistc~t with rhe prwious positive "receiving' limitation.
`
`--I-
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`I,
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`___ ..--
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`-- 771~. Examiner and AppiiC8nt's representative agroed to 8.n amendnient correcting the indefi~iifness.
`__-
`----
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`(A fuller description, if necessary, end a copy of the amendments, if available, which the eraminef agreed would rEnder
`thn claims allowable must be attached. Also, wl-lare no copy of the amandents whlch would render the claims allowable
`is waitable, a summary thereof must be a1tached.l
`@
`ft is not necessary for applicant to provide a separate record of the substance of the interview.
`1 I
`Unless the paragraph above ties been checked to indicate to the contrary, A FORMAL WRITTEN IqESPONSE TO THE
`LAST OFFICE ACTION IS NOT WAIVED AND MUST INCLUDE THE SUBSTANCE OF THE INTERVIEW. (See MPEP
`Secliori 713.04). If a response t o the last Otficu action has already been filed, APPLICANT IS GIVEN ON€ MONTH
`FROM THIS INTERVIEW DAT'E TO FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW.
`2. [J Since the Examiner's interview summery above {including any attachments] reflects a complete response t o
`each of the objections, rejections and requirements that may be present in the last Office action, and since the
`claims are flow allo\Filable, this completed form is convidered to fullill the response requirements of the last
`Office action. Applic:ant is not relieved Itam providing a separate record of the Interview unless box 1 above
`is also checked.
`
`- .--
`Exsrniner Note: You must sign and stamp this form u n l a s it i s an attachment to a signed Offico actlon.
`
`Interview Summary
`
`-
`paper NO. :fsp \3
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`Page 8
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`