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 10/20/2025 and is a response to said Request.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 (What is the statutory category?):
Claims 1-20 are drawn to at least one of the four statutory categories of invention (ie: process, machine, manufacture, or composition).
Step 2A; Prong I (Does the claim recite an abstract idea?):
Claim 1 recites:
A gaming device comprising:
a display;
a random number generator;
at least one input mechanism;
processor; and
a memory storing (i) a reel strip data structure comprising reel data defining a plurality of reel strips, and (ii) instructions which, when executed by the processor, cause the processor to:
control the display to display at least one award wheel within a first area of the display, the award wheel comprising a plurality of layers, each layer displaying a respective one of a plurality of different sets of wheel awards comprised in one or more wheel award data structures, and the respective one of the plurality of different sets of wheel awards are associated with a first variability of an outcome;
perform a selection operation using the random number generator and the reel strip data structure to obtain symbols from the plurality of reel strips for a plurality of symbol positions;
control the display to display the selected symbols at the plurality of symbol positions, within a second area of the display, wherein the selected symbols are associated with a second variability of the outcome;
upon the selected symbols including at least a threshold number of a defined symbol:
perform a wheel award selection operation using the random number generator to select a wheel award of a set of wheel awards from the one or more wheel award data structures to obtain a selected wheel award;
determine the outcome based on the selected wheel award and the selected symbols; and
control the display device to display the determined outcome within an area of the display device that is different than areas displaying the plurality of game windows.
Claim 8 recites:
A method of operating a gaming device comprising:
controlling the display to display at least one award wheel within a first area of the display, the award wheel comprising a plurality of layers, each layer displaying a respective one of a plurality of different sets of wheel awards comprised in one or more wheel award data structures, and the respective one of the plurality of different sets of wheel awards are associated with a first variability of an outcome;
perform a selection operation using a random number generator and a reel strip data structure comprising reel data defining a plurality of reel strips, symbols from the reel strips for display at a plurality of symbol positions;
controlling the display to display the selected symbols at the plurality of symbol positions, within a second area of the display, wherein the selected symbols are associated with a second variability of the outcome;
upon the selected symbols including at least a threshold number of a defined symbol:
perform a wheel award selection operation using the random number generator to select a wheel award from a set of wheel awards from the one or more wheel award data structures to obtain a selected wheel award; and
determining the outcome based on the selected wheel award and any winning outcomes and the selected symbols; and
controlling the display device to display the generated outcome within an area of the display device that is different than areas displaying the plurality of game windows.
Claim 15 recites:
A non-transitory computer readable medium comprising computer readable code executable by one or more processors to:
control a display to display at least one award wheel within a first area of the display, the award wheel comprising a plurality of layers, each layer displaying a respective one of a plurality of different sets of wheel awards comprised in one or more wheel award data structures, and the respective one of the plurality of different sets of wheel awards are associated with a first variability of an outcome perform a selection operation using a random number generator and a reel strip data structure comprising reel data defining a plurality of reel strips to obtain selected symbols from reel strips for display at a plurality of symbol positions;
control the display to display the selected symbols at the plurality of symbol positions, within a second area of the display, wherein the selected symbols are associated with a second variability of the outcome;
upon the selected symbols including at least a threshold number of a defined symbol:
perform a selection operation using the random number generator to select a wheel award of a set of wheel awards from the one or more wheel award data structures to obtain a selected wheel award; and
determine the outcome based on the selected wheel award and the selected symbols; and
control the display device to display the determined outcome within an area of the display device that is different than areas displaying the plurality of game windows.
[the examiner submits that the foregoing underlined elements recite certain method of organizing human activity because they describe A) “managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)” and B) mental process because it can be performed in the human mind (including an observation, evaluation, judgment, opinion).
To further elaborate on the Examiner’s analysis, the claimed invention can be
interpreted as being directed towards mental processes because it can be carried out by hand without aid of a computer or computer components. For example: “determine an outcome based on the selected wheel award” can be interpreted as an individual watching an outcome of a wheel award being spun, and based upon the result, visually determine what the outcome of is.
According to the 2019 Revised Patent Subject Matter Guidelines, Certain Methods of Organizing Human Activity, Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions) "encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping." (Emphasis added)
To further elaborate on the Examiner’s interpretation regarding the claimed invention being directed towards certain methods of organizing human activity, the Examiner believes the invention describe managing interactions between people and machine (ie: a gaming machine) in which rules or instructions for the gaming machine is being implemented (ie: a gaming machine implementing game rules associated with determining a threshold number of defined symbols and performing a wheel award selection operation and determining an outcome based on a selected wheel award.)
Step 2A; Prong II (Does the claim recite a practical application?):
The examiner submits that the additional elements do not amount to significantly more than the abstract idea 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 either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than instructions to implement the abstract idea on a computer, or use a computer as tool to perform the abstract idea.
Taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations 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 abstract idea is not integrated into a practical application for the following reasons. The claim elements of claim 1, 8, and 15 above that are not underlined constitute additional limitations.
The examiner submits that the following additional limitation merely uses a computer as a tool to perform the abstract idea: a display; a random number generator; at least one input mechanism; a processor; and a memory.
The Examiner finds that there are concepts regarding the application simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality. For example:
Cockrell, Jr., US 20070057464, discloses that computer systems for implementing games can be suitable general-purpose computers having a processor and memory and are well known to one of ordinary skill in the art (paragraph 69).
Geisner, US 20080242421, discloses processors can be general purpose processor for implementing online games and are well known to one of ordinary skill in the art (paragraph 24, 34, 52).
Thomas, US 20160358424, discloses that reel-based games utilize symbols for display on an array for generating outcomes are well-known to one of ordinary skill in the art (paragraph 4)
Rinaldis, US 20150072750, discloses that a display device of a casino-style gaming machine may comprise a digital display of any serviceable type, many of which are well-known to those of ordinary skill in the art of the computer, television and gaming industries (paragraph 34).
Vancura, US 20120064961, discloses that, in general, the operating hardware and software necessary to implement a casino-based game is well known and is based on one or more communicatively interconnected controllers, processors, or microprocessors found within such a casino game (paragraph 26)
Reeves et al., US 20160063799 discloses that graphical user interfaces (GUIs) are arranged to display information regarding a program, software application or other element associated with a computing device and are well-known to one of ordinary skill in the art (paragraph 82)
Saffari, US 20030050111, discloses a conventional gaming machine (system) comprising an input device used to play a game, processor to implement the game, memory device, and/or display are used to allow a player to play a game to a determined outcome (paragraph 2);
Hardy et al., US 20080146346, discloses that a random number generator (RNG) is well-known to one of ordinary skill in the art determining outcomes of game play when playing a game (paragraph 186);
Lyons, US 20120004033 discloses that it is well known in the field of gaming that input devices, such as buttons, can be used for player inputs as well as display screens, such as a touch-screen, for providing gaming output to the player (paragraph 4);
Nguyen et al., US 20050215325 discloses that gaming machines can comprise many peripherals well-known to one of ordinary skill in the art, and that such devices can include, for example, a secondary or tertiary video display, which may include a separate display controller, one or more speakers, for which an audio amplifier may be included, various individual bulbs or lights, which may require a separate serial light controller, a separate progressive jackpot display, which may require its own specialized controller, a ticket printer and printer controller, a stepper motor and motor controller, and a generic top box peripheral device, further disclosing that such a generic device can be any other top box peripheral as desired, such as a player tracking unit, wherein such a player tracking unit may include a dedicated memory unit configured to store various items, such as, for example, player tracking software or other data collection software, device drivers for many types of player tracking devices, and communication protocols (e.g., TCP/IP) that allow the player tracking unit to communicate with other devices, among others (paragraph 52);
Guinn et al., US 20140094274 discloses that display devices for a gaming machine may comprise a plasma, LED, OLED, LCD, CRT, projection, or transmissive display device and are well-known to one of ordinary skill in the art (paragraph 38);
Loose et al., US 20130157751 discloses that a display device for a gaming machine may include, for example, a mechanical-reel display, a video display, a transmissive display assembly, other known display devices, and combinations thereof (paragraph 36);
Rehill et al., US 10726678 discloses that it is well known to one of ordinary skill in the graphical user interfaces are arranged to display information regarding a program, software application or other element associated with a computing device (Col 22, lines 44-47);
Wilson, US 20070099695 discloses that slot machines are popular in casinos and other gaming establishments and that a typical slot machine has a number of (physical or animated) reels which spin during play and stop to display a pattern of symbols on one or more payout lines. Certain symbol patterns are "winners" resulting in a payout to the player (paragraph 2);
Pecenik et al., US 20170092069, discloses that output device for a gaming machine is well-known to one of ordinary skill in the art and may comprise any number or combination of a variety of well-known devices, including, without limitation: a display device, a light-emitting diode (LED), an audio speaker, an electric motor, a printer, a coupon or product dispenser, an infra-red port (e.g., for communicating with a second game machine), a Braille computer monitor, a coin and/or bill dispenser, a bell, an LED display (e.g., for displaying a players credit balance) (paragraph 82).
The above helps to suggest that the claimed components are no more than generic well-known components.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations 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; there is no additional element that applies or uses 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; the additional elements merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea; the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Step 2B (Are there additional elements that are “something more” than an abstract idea?):
Dependent Claims 2-7, 9-14, and 16-20 do not include additional elements that are sufficient to amount to significantly more than the abstract idea 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. Looking at the limitations 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.
Response to Arguments
Applicant's arguments filed 10/20/2025 have been fully considered but they are not persuasive.
Applicant states:
Independent claim 15 recites "[a] non-transitory computer readable medium comprising computer readable code executable by one or more processors to:" perform the steps recited in independent claim 15. The computer readable code for controlling display of award wheels, selected symbols, and outcomes lacks a functional relationship with the gaming device itself because the code is used merely to display the visual elements of the game within different areas of the display. The display recited in independent claim 15 is a part of the gaming device and therefore the gaming device is used merely as support for the display of the award wheels within the first area, the selected symbols within the second area, and the selected wheel award and outcome within a third area different from the first and second areas. The gaming device serves as a support for the visual presentation of game elements in spatially separated areas of the display. As a result, a rejection of independent claim 15 under 35 U.S.C. 101 is improper as independent claim 15 does not claim an abstract idea, because the rules for conducting the gaming operations themselves are not recited in the claim, but rather are included in the specification. Because the gaming rules are not recited in independent claim 15, an abstract idea is not recited. The claimed elements merely describe the display and presentation of visual information in different areas of the display without any functional integration with the underlying gaming device components beyond serving as a display substrate.
Moreover, amended independent claim 15 now recites controlling the display to show award wheels "within a first area of the display," selected symbols "within a second area of the display," and determining outcomes based on selected wheel awards and symbols, with the proposed amendment adding display of the selected wheel award and outcome "within an area of the display that is different than the first area and the second area of the display." This limitation further demonstrates that the display serves merely as a substrate for presenting information in different visual areas, without any functional relationship between the displayed content and the gaming device's operational components. The spatial arrangement of displayed information across different areas of the display does not create a functional relationship with the gaming device itself, but rather confirms that the gaming device functions solely as a support mechanism for visual presentation.
Accordingly, independent claim 15 recites patent eligible subject matter and Assignee respectfully requests that the rejection of independent claim 15 under 35 U.S.C. 101 be withdrawn and that the rejection of all claims depending from independent claim 15 under 35 U.S.C. 101 also be withdrawn.
Independent claims 1 and 8 recite subject matter similar to that recited in independent claim 15. Specifically, both claims 1 and 8 include limitations for controlling the display to show award wheels "within a first area of the display" and selected symbols "within a second area of the display," with the proposed amendment adding display of the selected wheel award and outcome "within an area of the display that is different than the first area and the second area of the display." Like claim 15, these limitations demonstrate that the display serves merely as a substrate for presenting visual information in spatially separated areas, without establishing any functional relationship between the displayed content and the gaming device's operational components. The display functions solely as a support for visual presentation of award wheels, symbols, and outcomes in different areas, confirming that no abstract idea is recited in the claims themselves, as the actual gaming rules and logic remain in the specification rather than being claimed.
Therefore, independent claims 1 and 8 also recite patent eligible subject matter, and Assignee respectfully requests that the rejection of independent claims 1 and 8 under 35 U.S.C. 101 be withdrawn. Withdrawal of the rejection of all claims depending from independent claims
1 and 8 under 35 U.S.C. 101 is also respectfully requested.
Assignee respectfully requests withdrawal of the rejection of dependent claims 2-7 under 35 U.S.C. 101 due to their dependence from patent eligible independent claim 1, notwithstanding their own individual recitation of patent eligible subject matter. Assignee respectfully requests withdrawal of the rejection of dependent claims 9-14 due to their dependence from patent eligible independent claim 8, notwithstanding their own individual recitation of patent eligible subject matter.” (pages 8-10)
The Examiner disagrees. The display recited for independent Claim 15 is interpreted as merely a general-purpose computer component for carrying an abstract idea related to game rules associated with determining a threshold number of defined symbols and performing a wheel award selection operation and determining an outcome based on a selected wheel award. In this case, the Examiner had cited prior art that discloses that such displays and their utilization are well-known, well-understood, routine, and conventional. In this case:
Thomas, US 20160358424, discloses that reel-based games utilize symbols for display on an array for generating outcomes are well-known to one of ordinary skill in the art (paragraph 4);
Rinaldis, US 20150072750, discloses that a display device of a casino-style gaming machine may comprise a digital display of any serviceable type, many of which are well-known to those of ordinary skill in the art of the computer, television and gaming industries (paragraph 34);
Reeves et al., US 20160063799 discloses that graphical user interfaces (GUIs) are arranged to display information regarding a program, software application or other element associated with a computing device and are well-known to one of ordinary skill in the art (paragraph 82);
Saffari, US 20030050111, discloses a conventional gaming machine (system) comprising an input device used to play a game, processor to implement the game, memory device, and/or display are used to allow a player to play a game to a determined outcome (paragraph 2);
Lyons, US 20120004033 discloses that it is well known in the field of gaming that input devices, such as buttons, can be used for player inputs as well as display screens, such as a touch-screen, for providing gaming output to the player (paragraph 4);
Nguyen et al., US 20050215325 discloses that gaming machines can comprise many peripherals well-known to one of ordinary skill in the art, and that such devices can include, for example, a secondary or tertiary video display, which may include a separate display controller, one or more speakers, for which an audio amplifier may be included, various individual bulbs or lights, which may require a separate serial light controller, a separate progressive jackpot display, which may require its own specialized controller, a ticket printer and printer controller, a stepper motor and motor controller, and a generic top box peripheral device, further disclosing that such a generic device can be any other top box peripheral as desired, such as a player tracking unit, wherein such a player tracking unit may include a dedicated memory unit configured to store various items, such as, for example, player tracking software or other data collection software, device drivers for many types of player tracking devices, and communication protocols (e.g., TCP/IP) that allow the player tracking unit to communicate with other devices, among others (paragraph 52);
Guinn et al., US 20140094274 discloses that display devices for a gaming machine may comprise a plasma, LED, OLED, LCD, CRT, projection, or transmissive display device and are well-known to one of ordinary skill in the art (paragraph 38);
Loose et al., US 20130157751 discloses that a display device for a gaming machine may include, for example, a mechanical-reel display, a video display, a transmissive display assembly, other known display devices, and combinations thereof (paragraph 36);
Rehill et al., US 10726678 discloses that it is well known to one of ordinary skill in the graphical user interfaces are arranged to display information regarding a program, software application or other element associated with a computing device (Col 22, lines 44-47);
Wilson, US 20070099695 discloses that slot machines are popular in casinos and other gaming establishments and that a typical slot machine has a number of (physical or animated) reels which spin during play and stop to display a pattern of symbols on one or more payout lines. Certain symbol patterns are "winners" resulting in a payout to the player (paragraph 2);
Pecenik et al., US 20170092069, discloses that output device for a gaming machine is well-known to one of ordinary skill in the art and may comprise any number or combination of a variety of well-known devices, including, without limitation: a display device, a light-emitting diode (LED), an audio speaker, an electric motor, a printer, a coupon or product dispenser, an infra-red port (e.g., for communicating with a second game machine), a Braille computer monitor, a coin and/or bill dispenser, a bell, an LED display (e.g., for displaying a players credit balance) (paragraph 82).
Best Applicable Prior Art
Regarding Claims 1, 8, 15, the closest applicable prior art: Halvorson, US 10475275, is interpreted as disclosing:
Halvorson discloses gaming device/method/non-transitory computer readable medium comprising: a display; a random number generator; at least one input mechanism; processor; and a memory storing (i) a reel strip data structure comprising reel data defining a plurality of reel strips, and (ii) instructions which, when executed by the processor, cause the processor to: perform a selection operation using the random number generator and the reel strip data structure to obtain symbols from the plurality of reel strips for a plurality of symbol positions; upon the selected symbols including at least a threshold number of a defined symbol: perform a wheel award selection operation using the random number generator to select a wheel award of a set of wheel awards from the one or more wheel award data structures to obtain a selected wheel award; determine the outcome based on the selected wheel award and the selected symbols; and control the display device to display the determined outcome within an area of the display device that is different than areas displaying the plurality of game windows.
The prior art is interpreted to have failed to disclose the claimed invention in the context as outline in the applicant’s specification, namely: control the display to display at least one award wheel within a first area of the display, the award wheel comprising a plurality of layers, each layer displaying a respective one of a plurality of different sets of wheel awards comprised in one or more wheel award data structures, and the respective one of the plurality of different sets of wheel awards are associated with a first variability of an outcome; control the display to display the selected symbols at the plurality of symbol positions, within a second area of the display, wherein the selected symbols are associated with a second variability of the outcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY KEITH WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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/JEFFREY K WONG/Examiner, Art Unit 3715