DETAILED ACTION
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 .
Response to Amendment
The examiner acknowledges applicant’s arguments in the Response dated February 3, 2026 directed to the Non-Final Office Action dated November 3, 2025. Claims 1-20 are pending in the application and subject to examination as part of this office action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant has amended the independent claims 1 and 11 to include:
maintaining, in the memory, an enhanced-wagering operational-state data record that represents the operational state of the gaming machine at least with respect to whether the timed enhanced wagering period is active and a current configuration of the graphical user interface corresponding to the base game state or the timed enhanced wagering state;
updating the enhanced-wagering operational-state data record in the memory in response to the initializing of the timed enhanced wagering period and after each spin conducted during the timed enhanced wagering period;
transforming the updated enhanced-wagering operational-state data record into animation control signals for the presentation assembly; and
animating, on the presentation assembly based on the animation control signals, an update of the graphical user interface corresponding to the timed enhanced wagering state during the timed enhanced wagering period and an update of the graphical user interface corresponding to the base game state at a conclusion of the timed enhanced wagering period.
The examiner was unable to find support for the newly amended language in the specification. Dependent claims 2-10 and 12-20 inherit this discrepancy by nature of their dependencies. Appropriate correction is required.
Prior Art
There are currently no prior art rejections against the claims as recited.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because of a new ground of rejection based on the newly amended claim language.
Regarding the rejections under 35 USC 101, the examiner maintains that the claims recite subject matter that is directed to an abstract idea under prong 1 of step 2A. In addition, the examiner is not persuaded that the additional elements integrate the abstract idea into a practical application under prong 2 of step 2A. However, the examiner is persuaded that some of the newly amended claim limitations recite additional elements that amount to significantly more than the judicial exception under step 2B.
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 WERNER G GARNER whose telephone number is (571)270-7147. The examiner can normally be reached M-F 7:30-15:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID LEWIS can be reached at (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WERNER G GARNER/Primary Examiner, Art Unit 3715
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