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 .
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 1-4, 6-13, 15-22 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 1-20 recite an abstract idea of organizing of 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
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims 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 1-4, 6-9 recite a method including:
(a) receiving player input via a touch screen element comprising a thin film secured over the display surface of a video display device of a gaming machine, wherein the gaming machine further comprises a special purpose processing device which does not employ operational program code and a system bus, wherein the touch screen element transmits data indicative of the player input to the special purpose processing device via the system bus;
(b) based on the player input and under control of the special purpose processing device a causing the video display system of the gaming machine to display a number of activation icons displaying, each individually selectable by a player via a touch screen element, each activation icon being associated with a respective activation value so that the number of activation icons define an activation value range from a minimum activation value to a maximum activation value, the maximum activation value being greater than the minimum activation value;
(c) receiving an activation selection input at the gaming machine through the touch screen element, the activation selection input selecting one of the number of activation icons;
(d) in response to the activation selection input and under control of hardware random number generator at the gaming machine, obtaining a result for the activation selection input, the obtaining including first risking a number of credits equal to the respective activation associated with the selected activation icon, the result for the activation selection input being identified according to a result identification process corresponding to the activation value defined by the received activation selection input, wherein the hardware number generator conforms to regulation for security and randomness; and
(e) where the result for the activation selection input comprises a winning result, causing the video display system of the gaming machine to display the result obtained for the activation selection input in a numerical prize graphic comprising a static numerical value, the video display system of the gaming machine displaying the numerical prize graphic under control of the special purpose processing device, wherein:
(f) the number of activation icons includes a first set of activation icons and a second set of activation icons;
(g) each activation icon of the first set of activation icons includes a respective activation value in a first activation range and each activation icon of the second set of activation icons includes a respective activation value in a second activation range that is non-overlapping with the first activation range;
(h) when the selected one of the number of activation icons is included in the first set of activation icons, the activation selection input consists of a single player interaction with the touch screen element of the gaming machine; and
(i) when the selected one of the number of activation icons is included in the second set of activation icons, the activation selection input consists of at least two player interactions with the touch screen element of the gaming machine.
Claims 10-13, 15-22 incorporate similar limitations as discussed above.
The underlined limitations recite an abstract idea of organization of human activity. More specifically the underlined claim limitations recite steps of organizing a game by following rules or instructions. Organization of human activity includes social activities. A game is a social activity. Therefore, the claims recite an abstract idea of organizing human activity.
In addition, the claims recite rules for conducting a wagering game (selecting an activation icon with a wager/risking a number of credits for a prize). Rules for conducting a wagering game is fundamental economic practice.
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 1-4, 6-13, 15-22 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 1-4, 6-13, 15-22 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.
Claims 1-4, 6-13, 15-22 recite additional limitations of a touch screen element/input, special purpose processing device; gaming machine including a video display system, a touch screen element, a special purpose processing device, and at least one memory device. These limitations are directed to generic gaming machine or components of a generic gaming machine used to implement the abstract idea in an electronic embodiment. The claimed special purpose processing device is not claimed as a particular machine.
The additional elements generally links the abstract idea to an electronic embodiment.
For the reasons discussed above, the additional elements identified above considered alone and in combination fail to integrate the abstract idea into 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 1-4, 6-13, 15-22 recite a touch screen element/input comprising a thing film, a special purpose processing device; gaming machine including a video display system, a touch screen element, a special purpose processing device, and at least one memory device.
Saffari (US 2003/0050111) discloses that is it is well known routine and conventional for gaming machine to be provided with a display unit, an input device and a controller with a memory and a process that controls the overall operation of the gaming machine (paragraph 2). Saffari also discloses that it is well known or understood that touch screens are used as player inputs (paragraph 43).
Applicant’s specification discloses that touch screen element itself typically comprises a thin film that is secured over the display surface of the respective display device such as the display device of touch-screen button panel (paragraph 44).
Guinn (US 2002/0151340) discloses that processors and special purpose computers are well known in the computer art (paragraph 30).
Walker (US 2003/0027635) discloses that a random number generator implement in hardware is well known in the art (paragraph 39).
The gaming device and components as claimed are used conventionally to perform the abstract idea. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Dependent claims further recite the abstract idea and implementing the abstract idea electronically. As indicated above, the gaming device and components as claimed are used conventionally to perform the abstract idea. The additional elements in the dependent claims considered alone and in combination fail to integrate the abstract idea into a practical application. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-7, 15-16 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 is dependent on canceled claim 5. The claim is indefinite because it is not clear which claim limitations are part of the claim by dependency.
Claim 7 is rejected by dependency.
Claim 15 is dependent on canceled claim 14. The claim is indefinite because it is not clear which claim limitations are part of the claim by dependency.
Claim 16 is rejected by dependency.
Response to Arguments
35 USC 101
Applicant's arguments with respect to the 35 USC 101 rejection have been fully considered but they are not persuasive
Applicant argues that the claims do not recite game rules or a method of organizing human activity. Applicant argues that the claims recites a method including:
receiving player input via a touch screen element comprising a thin film secured over the display surface of a video display device of a gaming machine, wherein the gaming machine further comprises a special purpose processing device which does not employ operational program code and a system bus, wherein the touch screen element transmits data indicative of the player input to the special purpose processing device via the system bus and
in response to the activation selection input and under control of a hardware random number generator at the gaming machine, obtaining a result for the activation selection input, the obtaining including first risking a number of credits equal to the respective activation value associated with the selected activation icon, the result for the activation selection input being identified according to a result identification process corresponding to the activation value defined by the received activation selection input, wherein the hardware random number generator conforms to regulations for security and randomness,
However, as indicated in the rejection above, the additional elements are well known, conventional elements that generally link the use of the judicial exception to a computer embodiment. The additional elements fail to integrate the abstract idea into a practical application. In addition, the claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Conclusion
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
