DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 4, 2025 has been entered.
The Examiner acknowledges that claims 1, 12, 13, & 15 were amended, no claims were canceled, and no new claims were added. Therefore, claims 1-20 are currently pending.
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 § 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.
Claim 1-3, 9-12, 14-16, & 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mariscal et al. (U.S. Patent Application Publication No. 2018/0089947; hereinafter “Mariscal”) in view of Mead et al. (U.S. Patent Application Publication 2005/0059456; hereinafter “Mead”).
Claims 1 & 15: Mariscal discloses the invention substantially as claimed including an electronic gaming system (figure 3A) comprising:
a display device (figure 3A[display 104]);
an input device operable to receive a player input (paragraph 0057-0058, the gaming system includes a variety of input devices to receive player in put including buttons, touch screens, etc.);
a memory device for storing instructions (paragraph 0008) and a plurality of feature (wheel) enhancements (figures 1H-1K); and
a processor in communication with the display device (figure 3B[CPU 205]), the input device, and the memory device, wherein the instructions, when executed by the processor (paragraph 0008), cause the processor to:
display a base game outcome on the display device, the base game outcome comprising a plurality of symbols included on a plurality of reels (figures 1A-1K, 2A-2B, and paragraphs 0024-0053, wherein a base game outcome having a plurality of randomly determined symbols is displayed on the display device);
determine that the plurality of symbols includes one or more feature game trigger symbols (figures 1A-1K, 2A-2B, and paragraphs 0024-0053, wherein a determination is made whether the base game outcome includes one or more feature game trigger symbols);
in response to the determination, cause the display of a feature game comprising a plurality of user selectable pick icons and a wheel, wherein the wheel comprises a plurality of prizes displayed at a plurality of wheel segments and a first wheel pointer (figures 1A-1K, 2A-2B, and paragraphs 0024-0053, wherein upon determining the feature game is triggered, a feature game as illustrated in figure 1H is displayed, the feature game having a plurality of user selectable pick icons 503, a wheel 501, a plurality of prizes 502 displayed on a plurality of wheel segments or slices, and a first wheel pointer, i.e. the arrow at the top of the wheel); and
receive by the input device a selection of a pick icon of the plurality of pick icons (figures 1A-1K, 2A-2B, and paragraphs 0024-0053, wherein the feature game enables a player to select one of the plurality of pick icons (selectable items 503), as illustrated in figure 1I); and
display and apply the feature enhancement to the feature game (figures 1A-1K, 2A-2B, and paragraphs 0024-0053, wherein upon a player selecting and revealing a wheel feature enhancement, the feature game applies the wheel feature enhancement to one or more appropriate wheel segments of the wheel, as illustrated in figure 1K).
Mariscal, however, does not explicitly disclose a feature enhancement assignment or distribution process in which, in response to receiving the selection of the pick icon, perform a lookup of one or more prize lookup tables (stored in a memory device) using an output of a random number generator (RNG), the lookup identifying a feature enhancement of the plurality of feature enhancements, assign, based on the lookup and after receiving the selection of the pick icon, the identified feature enhancement to the selected pick icon. Rather, Mariscal discloses an alternative feature enhancement assignment or distribution process in which feature enhancements are predetermined for each pick icon, as illustrated in figure 1J, and the player selects a pick icon, the feature enhancement hidden in association with the pick icon is revealed. Nonetheless, the Examiner positions that the specificity of assigning the feature enhancement associated with a pick icon being either predetermined prior to a player selecting a pick icon or being performed after a player selects a pick icon via a lookup or weighted table are art recognized equivalents for the same purpose (see MPEP 2144.06). For example, Mead discloses a similar invention in which a player selects pick icons to reveal awards or enhancements (figures 3-10). Mead discloses that the means by which particular awards are associated with selections or pick icons can be any of a variety of processes including predetermined or randomly determined, based on weighted probabilities, amongst a variety of other means to perform substantially the same assignment process (paragraph 0056, wherein Mead discusses alternative processes of assigning awards or enhancements to masked selections including such being predetermined or specifically randomly generated, based on weighted probabilities, after the player picks a selection, such that after the pick is selected the system randomly generates an outcome, the outcome being an award, enhancement, or the like). The process of randomly determining based upon weighted probabilities is interpreted as equivalent to the process, as claimed, of performing a lookup using prize lookup (weighted) tables and an output of an RNG to identify an award or enhancement to be assigned to the pick icon after the player picks the pick icon. Both processes – predetermined prior to pick icon selection or determined after pick icon selection based on a random determination using a lookup table - assign feature enhancements to pick icons for the purpose of revealing an enhancement or award to a player. Accordingly, the art recognizes these as functionally equivalent for the same purpose. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mariscal’s feature enhancement assignment process with the alternative art recognized equivalent for the same purpose, such as utilizing the output of an RNG and a lookup table stored in memory, as taught by Mead.
Regarding claim 15, all of the above applies, wherein the combination of Mariscal & Mead clearly discloses the gaming system is configured to facilitate the method as defined by the process executed by the processor as detailed above.
Claim 2: Mariscal discloses that the feature enhancement of the selected pick icon comprises a wheel spin (figures 1A-1K, 2A-2B, and paragraphs 0024-0053, wherein a pick icon may reveal an output comprising a wheel spin).
Claim 3: Mariscal discloses that the instructions further cause the processor to: initiate a spin of the wheel; terminate the spin of the wheel; and assign the prize associated with the wheel segment aligned with the first wheel pointer at a final stop position of the spinning wheel (figures 1A-1K, 2A-2B, and paragraphs 0024-0053, wherein specifically paragraph 0036 states: “…when the player makes a pick or selection at block 608 to reveal their selected item, if a wheel spin event is selected as found at decision block 612, the process then goes to block 614 where it conducts a spin of the wheel 501, causing the wheel to rotate for a period of time and stop at a particular angular orientation which is evaluated for a winning outcome based on the location of the wheel's symbols (typically the symbol selected is that aligned with the arrow at the top of the wheel, but this is not limiting). Whatever award or wheel enhancement prize is shown at location where the wheel stops, the process awards a resulting prize to the player”).
Claim 9: Mariscal discloses that the plurality of prizes comprises a plurality of credit values (figure 1H).
Claim 10: Mariscal discloses that the feature enhancement comprises a wheel boost to increase a value of each of the plurality of credit values (figure 1I, where the selected pick icon has revealed a wheel enhancement that multiplies each prize on the wheel by 2, i.e. a “wheel x2”).
Claim 11: Mariscal discloses that the instructions further cause the processor to: receive by the input device a second selection of a second pick icon of the plurality of pick icons; based on the second selection, display a second feature enhancement associated with the second pick icon, wherein the second feature enhancement comprises a credit value; and assign the credit value (paragraph 0037 and figure 1J, where the Mariscal game enables the player to select multiple pick icons, thereby receiving second input via the input device to select a second pick icon, the second pick icon output being displayed including a credit value, and assigning the credit value, i.e. “add 30x slice” adds a wheel segment that has a credit value of 30 times the player’s wager as detailed in paragraph 0047).
Claim 12: The combination of Mariscal & Mead discloses that the RNG output is a first RNG output and the instructions further cause the processor to: receive by the input device a second selection of a second pick icon of the plurality of pick icons; perform an additional lookup of the one or more prize lookup tables using a second output of the RNG, the additional lookup identifying an additional feature enhancement of the plurality of feature enhancements, assign, based on the additional look, the additional feature enhancement to the second pick icon, and display the additional feature enhancement in association with the second pick icon (i.e. similar to the discussion above with respect to claims 1 & 11, Mariscal discloses enabling selection of a second pick icon which can reveal an additional wheel enhancement to be applied to the reel, wherein based on the teachings of Mead for the same reasons discussed above with respect to claim 1, the second additional wheel enhancement is assigned via a second assignment process including a second RNG output and the one or more prize lookup tables).
Claim 14: Mariscal discloses that the feature enhancement of the selected pick icon is randomized based on a plurality of pick icon outcomes (paragraph 0037, in another configuration with respect to claim 13, “after player selections are processed at designated times such as after the first three selections or after every three selections, one or more spin events are randomly placed into the player selectable items”, interpreted as randomly adding spins as pick icon output within the remaining selectable pick icons, thus causing the output of a subsequent pick icon to be randomized based on a plurality of previously selected pick icon outcomes).
Claim 16: See discussion of claims 2 & 3.
Claim 18: See discussion of claim 9.
Claim 19: See discussion of claim 10.
Claim 20: See discussion of claims 11 & 12.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Mariscal & Mead, as applied to claims 1-3, 9-16, & 18-20, where applicable.
Claim 4: The combination of Mariscal & Mead discloses the invention substantially as claimed except for explicitly disclosing that the processor is further caused to display a light ray animation, the light ray animation extending from the final stop position of the spinning wheel to an award meter. Mariscal does disclose a number of animations including card shuffling (paragraph 0037) and modifications being conducted on the wheel (paragraph 0038), amongst others. Mariscal also discloses that player engagement is heightened by the use of animations (paragraph 0054). Moreover, animating wins is notoriously commonplace in the art, as is animations, in generality, to be utilized as a means to provide said player engagement and excitement. Therefore, it would have been prima facie obvious to those skilled in the art before the effective filing date of the claimed invention to have modified the Mariscal & Mead combination with a specific animation being a light ray animation that extends from the final stop position of the spinning wheel to an award meter based on common knowledge, routine skill, and the fundamental basic concepts known in the art in order to emphasize wins in an exciting manner.
Claims 5-8 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over Mariscal & Mead, as applied to claims 1-3, 9-16, & 18-20, where applicable, in further view of Kaminkow et al. (U.S. Patent Application Publication No. 2005/0075159; hereinafter “Kaminkow”).
Claims 5-7 & 17: The combination of Mariscal & Mead discloses the invention substantially as claimed except for explicitly disclosing that:
(i) the feature enhancement comprises an additional wheel pointer including a second wheel pointer;
(ii) the wheel comprises the first wheel pointer and the second wheel pointer; and
(iii) the processor is further configured to: initiate a spin of the wheel; terminate the spin of the wheel; and assign a sum of the prize associated with the wheel segment aligned with the first wheel pointer at a first final stop position of the spinning wheel and the prize associated with the wheel segment aligned with the second wheel pointer at a second final stop position of the spinning wheel.
Regardless of the deficiencies, wheels having multiple activatable pointers in feature or bonus games is well-established in the gaming art. Kaminkow discloses one such wheel in a bonus game, the wheel having segments with a plurality of prizes values thereon, such that when two or more indicators or pointers are activated, the player receives a sum of the prize values indicated by the indicators or pointers (figure 14D). While Mariscal discloses a single pointer, a person skilled in the art would have possessed the common knowledge and routine skill in the art to have modified Mariscal with plural pointers as taught by Kaminkow. In such an obvious modification, the person skilled in the art would have similarly possessed the common knowledge and routine skill in the art to implement said plural pointers in a manner to be activated utilizing the underlying selectable pick icons in an obvious variant game based on the teachings of Mariscal. That is, it would have been prima facie obvious to have included a means to activate additional pointers through selectable pick icons, where a player can reveal an activation of the additional pointer to be utilized in the same manner of the Mariscal game as their single pointer – for use during a spin of the wheel, which starts spinning and stops, such that a prize awarded to the player is the sum of the prize values indicated by the first and additional pointer(s), as Kaminkow teaches (e.g. figure 14D, two pointers are activated and a sum of the prize values indicated by the two pointers is awarded to the player). Therefore, the Examiner respectfully positions that based on Kaminkow and a person having routine skill and common knowledge in the art, an obvious variant of the Mariscal & Mead combination would have been prima facie obvious in which the wheel comprises at least a first and second wheel pointer, the second wheel pointer being activatable by revealing a wheel enhancement through the portion of the gameplay in which the player selects pick icons, thereby providing increased awards when the second wheel pointer is activated and utilized during a spin of the wheel, the increased awards comprising at least a sum of the prize values associated with wheel segments that align with the first wheel pointer and the second wheel pointer at the final positions of the termination of a wheel spin.
Claim 8: The combination of Mariscal, Mead, & Kaminkow discloses the invention substantially as claimed except for explicitly disclosing that the processor is further caused to display a light burst animation on an edge of the wheel, thereby displaying adding the second wheel pointer. As discussed above with respect to claim 4, Mariscal does disclose a number of animations including modifications being conducted on the wheel (paragraph 0038). Mariscal also discloses that player engagement is heightened by the use of animations (paragraph 0054). Since adding or activating of the second wheel pointer is a wheel enhancement that can be revealed per the discussion above with respect to the obvious variant as discussed above with respect to claims 5-7 & 17 and that Mariscal discloses animating wheel enhancements, it would have been prima facie obvious to those skilled in the art before the effective filing date of the claimed invention to have further modified the obvious variant of the Mariscal, Mead, & Kaminkow combination discussed above with a specific animation being a light burst animation on the edge of the wheel causing an animation of displaying, adding, or otherwise activating the second wheel pointer based on common knowledge, routine skill, and fundamental basic concepts known in the art in order to emphasize increased opportunities to win awards.
Response to Arguments
Applicant’s arguments pertaining to the teachings of Caputo are moot in view of the new grounds of rejection set forth above in which Mead is relied upon in place of Caputo.
Allowable Subject Matter
Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of Reference Cited (PTO-892).
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/MILAP SHAH/Primary Examiner, Art Unit 3715