IN RE: MARCO GULDENAAR HOLDING B.V., decided Dec. 28, 2018, Patentable Subject Matter

U.S. Application No. 13/078,196 is directed to dice with particular markings and rules for use (pages 2-3).  A wagering game based on a deck of cards is abstract, so basing the probabilities on dice instead of cards does not change that claims are directed to an abstract idea (pages 4-5).  For an inventive concept sufficient to transform the abstract idea to patent-eligible subject matter, the placing of a wager, rolling the dice, and paying a payout do not transform (page 6).  The different physical structure due to different dice markings recited in the claim are not conventional, but are printed subject matter (pages 6-7).  The printed subject matter is mere information and does not cause the die itself to become a manufacture with a new functionality (pages 6-7). 

Hindsight: The key for anything relying on markings on a page, die, or other object is to provide a new functionality for the object being marked.  The “physical” aspect may be discounted, particularly for claims directed to a game of chance.  Perhaps altering the die to have a different shape could result in patentable subject matter.  Otherwise, it may be difficult to find a patentable claim.

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