Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 101
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.
Claims 1-6, 8-11, 13-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-6, 8-11, 13-20 are directed to an abstract idea of organizing human activity. The claim limitations are not indicative of integration into a practical application and the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
Claims 1-6, 8-1, 13-20 are drawn to at least one of the four statutory categories of invention (i.e., process, machine, manufacture, or composition).
Step 2a1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Claims 1, 5-6, 9-10 recite, a system for preserving persistent game state data for an asynchronous persistent group game in a gaming establishment, the system comprising:
at least one network server having at least one processor and at least one memory storing a plurality of instructions, which when executed, cause the at least one processor to at least:
receive, from a plurality locator devices on a plurality of gaming machines, data identifying locations of the plurality of gaming machines in the gaming establishment, over at least one network;
process data of the asynchronous persistent group game associated with the plurality of gaming machines executing one or more wager based games, including detecting a first team session in the asynchronous persistent group game,
identify one or more local jurisdictional requirements based on locations of the plurality of gaming machines in the gaming establishment,
modify, for at least an identified subset of the plurality of gaming machines, the asynchronous persistent group game according to at least the one or more local jurisdiction requirements,
update asynchronous persistent group game state information controlling the asynchronous persistent group game and maintained in at least one memory of the at least one network server, including updating two or more of: gaming machine identification data, player identification data, player tool data, viewport data, virtual location data of one or more players, gaming machine location data, or controlling jurisdiction data,
transmit at least a portion of the asynchronous persistent group game state information to a global asynchronous persistent group game server to update global game state information,
retrieve at least a portion of global asynchronous persistent group game data from the global asynchronous persistent group game server,
update the plurality of gaming machines with changes indicated by the retrieved global asynchronous persistent group game data
process data of the asynchronous persistent group game state information associated with concurrently displaying at a first team of gaming machines and at a second team of gaming machines the asynchronous persistent group game, and
detect an asynchronous configuration of output at an identified subset of the plurality of gaming machines corresponding to the first team of gaming machines.
Claims 2, 11, 13-15 recite, a system for displaying an asynchronous persistent group on a plurality of gaming machine game in a gaming establishment, the system comprising:
at least one network server having at least one processor and at least one memory storing a plurality of instructions, which, when executed, cause the at least one processor to at least:
receive, from a plurality of locator devices on the plurality of gaming machines data identifying locations of the plurality of gaming machines in the gaming establishment over at least one network,
process data of the asynchronous persistent group game associated with the plurality of gaming machines executing one or more wager-based games
compare data indicative of a first gaming machine identified and data indicative of a persistent team game to determine if the first gaming machine is associated with the persistent team game,
when the first gaming machine is associated with persistent team game, identify one or more local jurisdictional requirements based on the location of the plurality of gaming machines in the gaming establishment,
configure a first display device of the first gaming machine to modify the asynchronous persistent group game according to at least the one or more local jurisdiction requirements,
update, asynchronous persistent group game state information controlling the asynchronous persistent group game and maintained in at least one memory of the at least one network server, including updating two or more of: gaming machine identification data, player identification data, player tool data, viewport data, virtual location data of one or more players, gaming machine location data, or controlling jurisdiction data,
transmit at least a portion of the asynchronous persistent group game state information to a global asynchronous persistent group game server to update global game state information,
retrieve at least a portion of global asynchronous persistent group game data from the global asynchronous persistent group game server,
update the plurality of gaming machines with changes indicated by the retrieved global asynchronous persistent group game data, and
process data of the asynchronous persistent group game state information associated with concurrently displaying the persistent team game at a second gaming machine; and
an award server configured to at least:
control the first display device of the first gaming machine to display an addition of a monetary award to a progressive award, and control the first display device of the first gaming machine to display an award of the progressive award.
Claim 3-4, 16-20 recite, a method for preserving persistent game state in a data gaming establishment for an asynchronous persistent group game on at least one network server configured to communicate with a plurality of gaming, the method comprising:
transmitting, from a plurality of locator devices on the plurality of gaming machines, data identifying locations of the plurality of gaming machines in the gaming establishment, over at least one network;
detecting a session of a persistent team game in the asynchronous persistent group game responsive to a first gaming machine being associated with persistent team game;
identifying one or more local jurisdictional requirements based on the locations of the plurality of gaming machines in the gaming establishment;
configuring a display of the first gaming machine to modify the asynchronous persistent group game according to at least the one or more local jurisdiction requirements,
updating asynchronous persistent group game state information controlling the asynchronous persistent group game and maintained in at least one memory of the at least one network server, including updating two or more of: gaming machine identification data, player identification data, player tool data, viewport data, virtual location data of one or more players, gaming machine location data, or controlling jurisdiction data;
transmitting at least a portion of the asynchronous persistent group game state information to a global asynchronous persistent group game server to update global game state information;
retrieving at least a portion of global asynchronous persistent group game data from the global asynchronous persistent group game server;
updating the plurality of gaming machines with changes indicated by the retrieved global asynchronous persistent group game data;
configuring the first gaming machine to join the persistent team game responsive to the first gaming machine not being associated with the persistent team game;
updating the display displaying the asynchronous persistent group game to include at least a portion of the persistent team game;
processing data of the asynchronous persistent group game state information associated with concurrently displaying the persistent team game conjunction with a second gaming machine; and
asynchronously configuring the asynchronous persistent group game to remain active on the display after the persistent team game for the second gaming machine is terminated.
The underlined limitations recite an abstract idea of organizing human activity. According to the 2019 Revised Patent Subject Matter Guidelines, organizing human activity includes managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
More specifically, the claims recite managing or operating an asynchronous persistent group game for a plurality of player associated with a plurality of gaming machines by transmitting data to a join a team and enabling the asynchronous persistent group game to remain active. The game is modified according to one or more local jurisdictional requirements and one or more gaming establishment requirement according to the location information. Managing an asynchronous persistent group game is management of a social activity, which is an organization of human activity.
Step 2a2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration of whether the claim recites additional elements that are indicative of integration into a practical application.
An additional element or combination of additional elements that are indicative of integrating the abstract idea into a practical application include:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Additional element or combination of additional elements that are not indicative of integration of the abstract idea into a practical application include:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1-6, 8-11, 13-20 do not apply a judicial exception to effect a particular treatment, and do not transform or reduce a particular article to a different state or thing.
Claims 1-6, 8-11, 13-20 are not directed to an improvement to a function of a computer. There is no improvement to a technical field. In addition, the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way.
The claimed system comprising a network server connected to a plurality of gaming machines and the award server are not used in a meaningful way. The servers and the plurality of gaming machines are generic computers or computer components used to perform the abstract idea of managing interactions. The server and gaming machines are used to implement the group game in a computer embodiment. The steps of receiving data amounts to mere data gathering, which is a form of insignificant extra-solution activity. The use of a computer generally links the abstract idea to a particular technological environment. For the reasons as discussed above, the claim limitations are not integrated to a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole is analyzed to determine whether any additional element, or combination of additional elements, is sufficient to ensure that the claims amount to significantly more than the exception.
Claims 1-3 include the additional element of a network server to receive and transmit data. Claim 3 also recites the additional elements of a plurality of gaming machines and one or more locator devices on the plurality of gaming machines to transmit data.
These additional elements are well known, routine, convention as indicated below.
A server configured to communicate with a plurality of gaming machines or receive data from a plurality of gaming machines is well known and conventional. As indicated in by the courts, receiving or transmitting data over a network, e.g., using the Internet to gather data is well known, routine, convention or insignificant extra solution activity. See Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network);
The claim limitation of a server to control or operate a game, transmit, retrieve game data from a server and update data is well known and conventional . As evidence, Harris (US 2006/0014582) discloses a server to manage games played at a plurality of gaming machines (paragraph 44). The system creates various prize values and award the prize payout based on the winning outcomes (pargaphrs 74-75) Harris discloses that the configuration of a server to initiate presentation of game, present the game, create game data and transmit the game data to the gaming machines for use by the gaming machines is well known (paragraphs 44-45).
In addition, storing and retrieving information in memory is well known, routine and conventional. Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93
The additional elements taken alone, do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
Moreover, the claims do not recite improvements to another technology or technical field. That is, they merely recite rules for operating a game, saving and retrieving game state data. The claims do not improve the functioning of the underlying computer itself -- they merely recite generic computing elements. Furthermore, they do not effect a transformation of a particular article to a different state or thing: the underlying computing elements remain the same. As such, viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself.
Dependent claims 4-6, 8-11, 13-20 further recite an abstract idea of organizing human activity and additional element of saving data in a memory. The step of storing and retrieving information in a memory are well-known, routine and conventional as indicated by the courts. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Taken alone, the additional elements do not amount to significantly more than the above-identified abstract idea. Looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The rest of the dependent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. The dependent claims merely include limitations that further define the abstract idea and thus don’t make the abstract idea any less abstract. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Response to Arguments
35 USC 101
Applicant's arguments filed 5/21/26 with respect the 35 USC 101 rejection have been fully considered but they are not persuasive.
Applicant argues that the claims do not recite an abstract idea. Applicant argues that the claims taken as a whole provides specific technical way of achieving a specific result in connection with network servers reestablishing where locator devices are situated on gaming machines. Applicant argues that there’s a practical application in connection with the processing application of asynchronous persistent group game state information and global game state information, where the asynchronous persistent group game state information controls an asynchronous persistent group game and is maintained in at least one memory of at least one network server. Applicant argues that the asynchronous persistent group bonus game can proceed locally even if communication is temporarily cut off. Such claim elements are practical, concrete and not abstract. Applicant then refers to paragraph 42 of the specification.
However, the claims do not claim the local server and transmitting data from the a global server to a local server. In addition, the use of servers, transmitting data and storing data in a server is well known routine and conventional. There is no improvement to the system or a technology. The server is generic computer are used to implement the group game in a computer embodiment. The use of the server/computer generally links the abstract idea to a particular technological environment. The claim limitations are not integrated to a practical application.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(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 nonprovisional extension fee (37 CFR 1.17(a)) 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 Jasson H Yoo whose telephone number is (571)272-5563. The examiner can normally be reached M-F 9am-5pm.
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/JASSON H YOO/ Primary Examiner, Art Unit 3715
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