In Re Ray Smith, CA.

In Re Ray Smith, CA. 2015-1664 (Fed. Cir, March 10, 2016)


U.S. Patent Application 12/914,410


Affirming the PTAB’s rejected of the claims under § 101

Abstract Idea:


Something More:



Method for playing a blackjack variation using real and virtual standard playing cards. 


In their affirmation of the PTAB’s final rejection of the claim, the Federal Circuit noted that the claims were directed at conducting a wagering game, which is “effectively a method of exchanging and resolving financial obligations based on probabilities created during the distribution of the cards.” Thus, it was an abstract idea similar to the ones seen in Bilski and Alice. Turning to the second step, the Court noted that the application of conventional steps to an abstract idea was not an inventive concept.  So the recitation of computer implementation of the shuffling and dealing of a standard deck of cards are “purely conventional” activities and not inventive.  The court did note that “claims directed to conducting a game using a new or original deck of cards potentially surviving step two of Alice.”