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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`13/631,821
`
`09/28/2012
`
`Roger M. Snow
`
`3286— 12423 (PA4021.ap.US)
`
`3537
`
`TRASKBRITT, P.C. /Bally Gaming, Inc.
`PO. BOX 2550
`SALT LAKE CITY, UT 84110
`
`DENNIS, MICHAEL DAVID
`
`ART UNIT
`
`3711
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/28/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`US PTOMail @ traskbritt .com
`
`PTOL—90A (Rev. 04/07)
`
`
`
`
`
`Applicant(s)
`Application No.
` 13/631,821 SNOW, ROGER M.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`3711MICHAEL DENNIS first“
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)I:I Responsive to communication(s) filed on
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`2a)IZ| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) D Interview Summary (PT0_413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date .
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160422
`
`Disposition of Claims*
`5)|XI C|aim(s)1-_16is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s 1-_16 is/are rejected.
`
`is/are objected to.
`
`I )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l C|aim(s
`I
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt
`:/,’\va.usoto. ov/ atents/init events"
`h/index.‘s
`
`
`
`
`
`or send an inquiry to PRI-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)|:l All
`1.|:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`
`
`Application/Control Number: 13/631 ,821
`
`Page 2
`
`Art Unit: 3711
`
`DETAILED ACTION
`
`Claim Rejections - 35 USC § 101
`
`1.
`
`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.
`
`2.
`
`Claims 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is
`
`directed to a judicial exception (Le, a law of nature, a natural phenomenon, or an
`
`abstract idea) without significantly more. Claim 1-16 are directed to a method of playing
`
`a wagering game, which is an abstract idea in the same way managing a game of
`
`bingo, is an abstract idea. Moreover, a wagering card game is effectively a method of
`
`exchanging and resolving financial obligations based on probabilities created during the
`
`distribution of cards, with wagering tokens/chips used to represent and indicate the
`
`financial aspects of the game. As such, the examiner submits that the present claims
`
`are akin to the abstract idea of exchanging financial obligations discussed in Alice. See
`
`Alice Corp. Pt. Ltd. v. CLS Bank Int’l, 134 S.Ct. 2347. (2014).
`
`The claims do include some additional elements other than the abstract idea,
`
`including cards, wagers and card table, partial electronic system. However, when
`
`considered separately and in combination, these additional elements are not sufficient
`
`to amount to significantly more than the judicial exception - - abstract idea - - as these
`
`are non-unique traditional gaming elements.
`
`
`
`Application/Control Number: 13/631 ,821
`
`Page 3
`
`Art Unit: 3711
`
`Thus, taken as a whole, claim(s) 1-16 are held to claim an abstract idea without
`
`sufficient limitations to transform the judicial exception into eligible subject matter, and
`
`are therefore rejected under 35 U.S.C. § 101.
`
`For additional guidance, visit:
`
`“http://www.uspto.gov/patents/law/exam/interim guidance subject matter eligibilityjsp”
`
`Response to Arguments
`
`3.
`
`Applicant's arguments filed 3/24/16 have been fully considered but they are not
`
`persuasive. Applicant’s argues pending claims 1-16 are statutory subject matter under
`
`35 U.S.C. 101. Examiner disagrees. Claim 1-16 are directed to a method of playing a
`
`wagering game, which is an abstract idea in the same way managing a game of bingo,
`
`is an abstract idea. Moreover, a wagering card game is effectively a method of
`
`exchanging and resolving financial obligations based on probabilities created during the
`
`distribution of cards, with wagering tokens/chips used to represent and indicate the
`
`financial aspects of the game. As such, the examiner submits that the present claims
`
`are akin to the abstract idea of exchanging financial obligations discussed in Alice. See
`
`Alice Corp. Pt. Ltd. v. CLS Bank Int’l, 134 S.Ct. 2347. (2014). The claims do include
`
`some additional elements other than the abstract idea, including cards, wagers and card
`
`table, partial electronic system. However, when considered separately and in
`
`combination, these additional elements are not sufficient to amount to significantly more
`
`than the judicial exception - - abstract idea - - as these are non-unique traditional
`
`gaming elements.
`
`
`
`Application/Control Number: 13/631 ,821
`
`Page 4
`
`Art Unit: 3711
`
`Conclusion
`
`4.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the mailing date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MICHAEL DENNIS whose telephone number is
`
`(571)270-3538. The examiner can normally be reached on 8:00 - 6:00 (off every other
`
`Fri.).
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Eugene L. Kim can be reached on (571) 272-4463. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571 -273-8300.
`
`
`
`Application/Control Number: 13/631 ,821
`
`Page 5
`
`Art Unit: 3711
`
`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—1 000.
`
`/MICHAEL DENNIS/
`
`Primary Examiner, Art Unit 3711
`
`
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