Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
This Office-Action acknowledges the Request for Continued Examination filed on 4/7/2025 and is a response to said Request.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-12, 14-20 are rejected under 35 U.S.C. 103 as being unpatentable Ward et al., US 20140141864 (Ward), in view of Toohey et al, US 20160042599 A1 (Toohey).
Regarding Claim 1
Ward teaches:
At least one non-transitory computer readable medium that stores a plurality of instructions (para 31, 100), wherein the plurality of instructions, when executed by at least one processor (para 101), cause the at least one processor to:
receive, from a mobile computing device (Fig 1, elem 140; para 23), a code associated with an electronic gaming machine and a mobile computing device identifier (para 32, 36-38. For examples, in some embodiments, a gaming venue (e.g., a casino) provides a private Wi-Fi network to which the mobile device can connect, or join. In some embodiments, a wagering game device can provide a code (e.g., an alpha-numeric code, a QR code, a barcode, etc.). In some embodiments, the system can provide an RSA code on the mobile device, such as when the mobile device logs into a virtual private network (VPN). The RSA code can be entered into an interface of a wagering game machine. In some embodiments, the mobile device connects directly with the wagering game device, such as via a wired connection.);
associate, based on the code associated with the electronic gaming machine and the mobile computing device identifier, the electronic gaming machine with a player account (para 27, 35-36, 38, 67-68. The player associated with the electronic gaming machine as well as the mobile device is associated with a player account. There is a player account that is being associated with the electronic gaming machine and the mobile device so that they can be compared with one another when a connection between each other is established in order to authorize communications with the mobile device.);
initiate a secondary game on the mobile computing device (para 25, 39, 45-46, 54-56, 82, 87-88, 90. The secondary game on the mobile device is interpreted as Slots ‘O Luck);
permit a player associated with the player account to play the secondary game on the mobile computing device (para 25-26, 39, 45-46, 54-56, 82, 87-88, 90)
receive an indication of an interaction between the player and the secondary game on the mobile computing device; and (Fig 1, elem 142; Fig 5, elem 541 para 39, 45.)
While Ward discloses that transactions can take placed between the electronic gaming machine and mobile computing device (para 70-71, 73) wherein the player can be rewarded for play of the secondary game (para 40, 57, 71. Players can be provided with monetary or non-monetary rewards), Ward failed to explicitly disclose automatically apply at least one award resulting from the secondary game directly to the electronic gaming machine.
Toohey teaches:
associate, an electronic gaming machine with a player account; (See FIG. 2, a wagering game system (“system”) associates a mobile device with a wagering game machine configured to present wagering game content [0037], the secondary content controller 362 can determine whether a player has logged into the wagering game machine 360 using an account-based-wagering (ABW) player account [0045], obtaining funds from a player account [0062])
initiate a secondary game on the mobile computing device; (See FIG.s 1 and 2, Once paired, the mobile device 130 presents, via the display 131, the secondary content 103. In some embodiments, a mobile application (“app”) of the mobile device 130 presents the secondary content 103 via a betting interface 190. [0028], the secondary content controller 362 and/or the secondary content server 380 can send to the mobile device 330 side games to play along with the primary wagering game content, bonus rounds that connect to the primary wagering game content, etc. [0057])
permit a player associated with the player account to play the secondary game on the mobile computing device; (The betting interface 190 presents options to make a secondary bet on the primary content 102. For example, the betting options respond to user input (e.g., selection of user interface objects), which specify a secondary bet, or “side bet” on whether certain events will occur via the primary content 102. For example, the betting interface 190 includes a bet type control 105 from which a user can select a type of side bet (e.g., a proposition bet, a matching bet, etc.). [0028])
receive an indication of an interaction between the player and the secondary game on the mobile computing device; and (the system detects initiation of a secondary bet on a potential occurrence of an event of the wagering game content. The secondary bet is initiated by the mobile device. [0052], e.g. FIG. 1, A bet control 125 can be selected to place the secondary bet. An additional control 127 is configured to make an additional secondary bet, if desired [0029])
automatically, responsive to the indication, apply at least one award resulting from the secondary game directly to the electronic gaming machine. (See FIG.s 2 and 8; the system determines that there is a winning outcome for the secondary bet… If the system determines, at processing block 216, that there is authorization to access session funds for the wagering game content, then, at processing block 218, the system provides a secondary bet win amount to the gaming session for the primary game content [0088], the secondary content server 380 sends to the secondary content controller 362 credit data 866 that indicates an amount of the win for the secondary bet… the secondary content controller 362 provides first credit data 867 to the primary content controller 361 [0090])
Given that Ward teaches the features available via the additional content provided to the mobile device include separate progressive games, tournaments updates, separate wagering game content, increased payouts, etc. Some embodiments also include dividing, or apportioning, a theoretical payout percentage of a base game between the base game and secondary wagering game content presented via the mobile device (Ward [0022]) and Toohey teaches side games to play along with the primary wagering game content, bonus rounds that connect to the primary wagering game content, etc. (Toohey [0057]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the payouts and gaming features of Ward to include receive an indication of an interaction between the player and the secondary game on the mobile computing device and automatically, responsive to the indication, apply at least one award resulting from the secondary game directly to the electronic gaming machine, as taught by Toohey.
One would have been motivated to do so because to employ the most entertaining and exciting machines, features, and enhancements available in an effort to continuously develop new games and gaming enhancements that will attract frequent play (Toohey [0004]).
Regarding Claim 2. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 1, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to display an image of a real world on at least a portion of a display screen of the mobile computing device (Toohey [0017]. A mobile phone is interpreted as having a camera which can capture an image of a real world).
Regarding Claim 3. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 1, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to display a virtual world on at least a portion of a display screen (Toohey, Fig 1. The game displayed is interpreted as a virtual world).
Regarding Claim 4. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 1, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to display a virtual world on at least a portion of a display screen of the mobile computing device (Toohey, Fig 1. The game displayed is interpreted as a virtual world).
Regarding Claim 5. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 1, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to: display on a display screen of the mobile computing device a plurality of symbols, wherein at least one symbol of the plurality of symbols is associated with the at least one award (Ward: Fig 1. The figure depicts symbols in the form of boxes which are associated with award, such as $30 and $5); and receive a selection from the player of the at least one symbol (Ward: para 25).
Regarding Claim 6. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 1, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to output an indication via a display screen on the mobile computing device that the player is eligible to receive the at least one award (Ward: Fig 1; para 25. The text displayed indicated that the player is expected to pick an award for a picking bonus.).
Regarding Claim 7. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 1, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to receive a signal generated by touching a display screen of the mobile computing device (Ward: para 25,32. The mobile device in which the player can selected an award is a touchscreen).
Regarding Claim 8
Ward teaches:
Ward discloses at least one non-transitory computer readable medium that stores a plurality of instructions (para 31, 100), wherein the plurality of instructions, when executed by at least one processor (para 101), causes the at least one processor to:
receive, from a mobile computing device, an electronic signal comprising one or more codes associated an electronic gaming machine and a mobile computing device identifier; (para 32, 36-38.);
associate, based on the one or more codes and the mobile computing device identifier, the mobile computing device with the electronic gaming machine; (Fig 3, para 32, 36.);
associate, based on the mobile computing device identifier, the electronic gaming machine with a player; (para 27, 67-68);
associate at least one award with the player, the at least one award being based on historical wagering data; (para 24, 40, 43. Examiner believes that it is reasonable that the disclosure of “history of play” fully encompasses "historical wagering data indicative of one or more wagers made by at least one player," as claimed in the instant invention. The Examiner’s reasoning is that the usage of term “play” fully encompasses any interpretations related to a “play” of a wagering games, be it insertion of money to initiate play of a game to the gameplay results to as well as rewards presented based on results. In this case, the Examiner believes “historical wagering data indicative of one or more wagers made by at least one player” is a form of “history of play”.);
receive an indication of a user interaction between the player and a virtual world on the electronic gaming machine; and (Fig 1, elem 142; Fig 5, elem 541 para 39, 45. Wagering content being presented on a mobile device is interpreted as a virtual world with which users can interact via a user interface.)
While Ward discloses that transactions can take placed between the electronic gaming machine and mobile computing device (para 70-71, 73), Ward failed to disclose apply, responsive to the indication of the user interaction, the at least one award to the networked electronic gaming machine.
Toohey teaches:
associate a mobile computing device with an electronic gaming machine, and associate the electronic gaming machine with a player; (See FIG. 2, a wagering game system (“system”) associates a mobile device with a wagering game machine configured to present wagering game content [0037], the secondary content controller 362 can determine whether a player has logged into the wagering game machine 360 using an account-based-wagering (ABW) player account [0045], obtaining funds from a player account [0062])
associate at least one award with the player (secondary content controller 362 can also send to the mobile device 330 information about game elements, game functions, game history, player data, etc., that can result in events that may possibly occur during the gaming session. The information can be used to present possible betting parameters via the app of the mobile device 330, which betting parameters are related to events of the gaming session related to the primary wagering game content [0053])
receive an indication of a user interaction between the player and a virtual world on the electronic gaming machine; and (the system detects initiation of a secondary bet on a potential occurrence of an event of the wagering game content. The secondary bet is initiated by the mobile device. [0052], e.g. FIG. 1, A bet control 125 can be selected to place the secondary bet. An additional control 127 is configured to make an additional secondary bet, if desired [0029] a touch-screen display by which a user can touch a screen and select certain virtual controls, objects, items, etc. presented on the touch-screen display [0132])
automatically apply, responsive to the indication of the user interaction between the player and the virtual world on the electronic gaming machine, the at least one award directly to the electronic gaming machine. (See FIG.s 2 and 8; the system determines that there is a winning outcome for the secondary bet… If the system determines, at processing block 216, that there is authorization to access session funds for the wagering game content, then, at processing block 218, the system provides a secondary bet win amount to the gaming session for the primary game content [0088], the secondary content server 380 sends to the secondary content controller 362 credit data 866 that indicates an amount of the win for the secondary bet… the secondary content controller 362 provides first credit data 867 to the primary content controller 361 [0090])
Given that Ward teaches the features available via the additional content provided to the mobile device include separate progressive games, tournaments updates, separate wagering game content, increased payouts, etc. Some embodiments also include dividing, or apportioning, a theoretical payout percentage of a base game between the base game and secondary wagering game content presented via the mobile device (Ward [0022]) and Toohey teaches side games to play along with the primary wagering game content, bonus rounds that connect to the primary wagering game content, etc. (Toohey [0057]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the payouts and gaming features of Ward to include receive an indication of an interaction between the player and the secondary game on the mobile computing device and automatically, responsive to the indication, apply at least one award resulting from the secondary game directly to the electronic gaming machine, as taught by Toohey.
One would have been motivated to do so because to employ the most entertaining and exciting machines, features, and enhancements available in an effort to continuously develop new games and gaming enhancements that will attract frequent play (Toohey [0004]).
Regarding Claim 9. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 8, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to apply the at least one award to the electronic gaming machine responsive to selection of one of a plurality of possible interactions via a user interface (Toohey: See FIG 2 and 8, [0090]).
Regarding Claim 10. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 8, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to receive a selection of one displayed symbol of a plurality of displayed symbols, wherein the one displayed symbol is associated with the at least one award (Ward: Fig 1, para 25,32).
Regarding Claim 11. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 8, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to display the virtual world on at least a portion of display screen of the mobile computing device (Toohey, Fig 1. The game displayed is interpreted as a virtual world).
Regarding Claim 12. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 8, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to display an image of a real world on at least a portion of display screen of the mobile computing device (Toohey [0017]. A mobile phone is interpreted as having a camera which can capture an image of a real world).
Regarding Claim 14. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 8, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to output an indication that the player is eligible to receive the at least one award (Ward: Fig 1; para 25. The text displayed indicated that the player is expected to pick an award for a picking bonus.).
Regarding Claim 15. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 8, wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to receive a signal responsive to the player touching a display screen of the mobile computing device (Ward: para 25,32. The mobile device in which the player can selected an award is a touchscreen).
Regarding Claim 16. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 1, wherein the code comprises one or more quick response (QR) codes (Ward: para 32, 36).
Regarding Claim 17. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 1, wherein the plurality of instructions, when executed by the at least one processor, further cause the at least one processor to receive a signal indicating proximity of the mobile computing device to the electronic gaming machine (Ward: para 32, 34. The mobile device needs to be close to the electronic gaming machine to establish communications).
Regarding Claim 18. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 1, wherein the secondary game comprises a bonus game associated with a primary game (Ward: para 24. A bonus game can be associated with the base game.).
Regarding Claim 19. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 8, wherein the one or more codes comprise one or more quick response (QR) codes (Ward: para 32, 36). Regarding Claim 20. Ward and Toohey disclose at least one non-transitory computer readable medium of claim 8, wherein the virtual world comprises a layered image associated with a primary game (Ward: Fig 1; Toohey: Fig 1. The figures depict how the images related to the respective game play on the mobile device are layered to be associated the primary game of the electronic gaming machine).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable Ward et al., US 20140141864 (Ward) and Toohey et al, US 20160042599 A1 (Toohey), as applied to Claim 8, and in further view of Calhoun et al., US 20170178443 (Calhoun)
Regarding Claim 13.
Ward and Toohey disclose at least one non-transitory computer readable medium of claim 8, but failed to disclose wherein the plurality of instructions, when executed by the at least one processor, further causes the at least one processor to display an image of a real world on a display screen of the electronic gaming machine.
However, Calhoun discloses that an electronic gaming machine can have the ability to provide live stream events, such as sporting events, on the display for providing entertainment to players (para 96-97, 147).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention that the electronic gaming machine of Ward and Toohey can used for displaying real world images as taught by Calhoun.
Response to Arguments
Applicant’s arguments with respect to claim 1-20 have been considered but are moot because the new ground of rejection does not rely on the new references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY K WONG/Primary Examiner, Art Unit 3715