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 Amendments
This office action is in response to amendments filed on 02/02/2026.
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 1-3 are rejected under 35 U.S.C. 101 because the claimed invention is directed to organizing human activity in the form of fundamental economic activities directed to hedging (wagering games are recognized as a form of hedging) including resolving a financial obligation and a mental process without significantly more. As per step 1 examiner recognizes that the claims 1-2 include sufficient machine elements or are directed towards a computer system. As per claim 3 examiner recognizes that the claim is directed towards an improvement which makes the claim a Jepson claim with the preamble including what is conventional to the art. See MPEP 37 CFR 1.75(e) which indicates the preamble “comprising a general description of all the elements or steps of the claimed combination which are conventional or known “. Therefore the elements of the claim are directed towards an argued improvement in the function of a gaming system including what is known conventionally. As per step 2A the claim(s) recite(s) “system for securely enabling a second game through a plurality of electronic gaming machines connected in an EGM-managing network, wherein each electronic gaming machine of the plurality of electronic gaming machines is associated with a unique identification code and includes a housing and one or more internal components mounted within the housing being configured to enable play of a first game independently of any other electronic gaming machine connected to the EGM-managing network, the one or more internal components including a touchscreen display device, a memory and a communication interface within the housing, wherein the memory stores player credit and the communication interface receives data signals from the one or more internal components, the data signals including an active session data signal corresponding to an outcome of the first game being undetermined and an inactive session data signal corresponding to an outcome of the first game being determined, the system comprising: a game transaction controller configured to operate the second game independently of the first game of each electronic gaming machine of the plurality of electronic gaming machines, the game transaction controller including a processor, a data communication device, and a data storage device, the data storage device including executable code, wherein the data communication device is in communication with the communication interface of each electronic gaming machine of the plurality of electronic gaming machines, the EGM-managing network and a random number generator, the random number generator being independent of each electronic gaming machine of the plurality of electronic gaming machines, the processor executing the executable code to enable the game transaction server to: a) responsive to detecting an inactive session data signal of an electronic gaming machine of the plurality of electronic gaming machines, actuate (i) a timer, wherein the timer counts down a preset time period, (ii) and a transmission of a second game display to the communication interface of the electronic gaming machine of the plurality of electronic gaming machines for display on the touchscreen display device of the electronic gaming machine, the second game display including the timer and a touch-sensitive portion for wagering on the second game; at the electronic gaming machine of the plurality of electronic gaming machines; b) responsive to detecting a data signal received by the communication interface of the electronic gaming machine of the plurality of electronic gaming machines, the data signal being generated from the one or more internal components relating to the touch-sensitive portion being touched prior to the end of the preset time period displayed on the second game display, store the unique identification code from each electronic gaming machine of the plurality of electronic gaming machines from which the data signal is detected in the data storage device with a group of unique identification codes associated with an instance of the second game; c) transmit a data signal instruction to the EGM-managing network to deduct an amount of credit from the player credit relating to the wager, the data signal instruction including the unique identification code from which the data signal is detected; d) responsive to validating the wager by detecting a data signal generated by the one or more internal components relating to the amount of credit being deducted, actuate the random number generator to randomly select a winning unique identification code from the group of unique identification codes associated with the instance of the second game; e) transmit a data signal instruction to the EGM-managing network to credit an award amount to the player credit of the electronic gaming machine having the winning unique identification code, the data signal instruction including the winning unique identification code; f) display the winning unique identification code and award amount on the second game display; g) determine a location of any electronic gaming machine of the plurality of electronic gaming machines having the winning unique identification code through communication with the EGM-managing network; and h) display the location of the electronic gaming machine having the winning unique identification code on the second game display.” as being directed towards a plurality of gaming machines each having player positions associated with an interface assembly with each game machine with interfaces designed to accept and associate wagers from the player position in order to communicate with a database for the purpose of tracking a randomly selected winner. Further hardware is claimed which is addressed in step 2B. Regarding the economic practice examiner recognizes the claim includes language directed to the play of a wagering game including wagers and awards based on wagering (see bolded above). This is a form of hedging which is recognized as a fundamental economic activity and includes a financial obligation from a gaming operator to a player and from a player, in the form of wagering, to the gaming operator. Specifically applicant’s claims are directed to the process of accepting wagers based on wagering game rules and determining a winner accordingly. As per the mental process examiner recognizes the claims are directed towards the use of wagering game rules. Examiner recognizes this is the mental process of observation and making determinations according to rules and is directed to the mental process of playing a game according to established rules. Specifically it is a mental process to observe and carry out a game with the game being a wagering game with the rules including the steps of accepting wagers and determining a winner from a pool of potential players. The act of selecting a winning player can be performed as a mental step with the randomness addressed below. This judicial exception is not integrated into a practical application because remains directed towards a wagering game which is a form of hedging and a mental process in the form of game rules. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because they remain a wagering game with the focus on carrying out a game including tracking and determining a winning bet and rules for a game. The claims do not provide a practical application beyond determining result for hedging based game rules or performing a mental step based on table game rules. Specifically observing the state of the game and applying a rule accordingly remains a mental step and no recited steps beyond conventional feature or extra solution activity are recited that cannot be performed in the mind. Specifically following rules can be performed in the mind. Additional elements are addressed below regarding the display and hardware portions. Applicant’s argued improvement is regarding the inclusion of the second game however including an additional random process for selecting a winner is directed to judicial exception as indicated above. Specifically it is a rule for a game which is a mental step. Therefore examiner disagrees that applicant’s argued improvement overcomes 101. As per amended language applicant appears to argue that running a second game, separate from the first, is an improvement. Specifically a game which selects gaming machines independent of a first game. Examiner contends this is application of a game rule and not an improvement of itself. Specifically this reads as how to run a game in order to determine an outcome by selecting a player, which is a mental step, by using machine identifiers. Running a second game is not an improvement to the function of the system. Additionally server running games are conventional to the art and therefore having a game that can run independent of a first game would be known and conventional since a server can run its own game without requiring the gaming machine. Therefore this improvement does not appear to meet the requirement under step 2A as being directed towards more game rules.
As per step 2B examiner recognizes that additional elements are directed to conventional activities or extra solution activity. See below.
Limitations “system for securely enabling a second game through a plurality of electronic gaming machines connected in an EGM-managing network, wherein each electronic gaming machine of the plurality of electronic gaming machines is associated with a unique identification code and includes a housing and one or more internal components mounted within the housing being configured to enable play of a first game independently of any other electronic gaming machine connected to the EGM-managing network, the one or more internal components including a touchscreen display device, a memory and a communication interface within the housing, wherein the memory stores player credit and the communication interface receives data signals from the one or more internal components, the data signals including an active session data signal corresponding to an outcome of the first game being undetermined and an inactive session data signal corresponding to an outcome of the first game being determined, the system comprising:a game transaction controller configured to operate the second game independently of the first game of each electronic gaming machine of the plurality of electronic gaming machines, the game transaction controller including a processor, a data communication device, and a data storage device, the data storage device including executable code, wherein the data communication device is in communication with the communication interface of each electronic gaming machine of the plurality of electronic gaming machines, the EGM-managing network and a random number generator, the random number generator being independent of each electronic gaming machine of the plurality of electronic gaming machines, the processor executing the executable code to enable the game transaction server to:a) responsive to detecting an inactive session data signal of an electronic gaming machine of the plurality of electronic gaming machines, actuate (i) a timer, wherein the timer counts down a preset time period, (ii) and a transmission of a second game display to the communication interface of the electronic gaming machine of the plurality of electronic gaming machines for display on the touchscreen display device of the electronic gaming machine, the second game display including the timer and a touch-sensitive portion for wagering on the second game at the electronic gaming machine of the plurality of electronic gaming machines; b) responsivetodetectingadatasignalreceivedbythecommunicationinterfaceof the electronic gaming machine of the plurality of electronic gaming machines, the data signal being generated from the one or more internal components relating to the touch- sensitive portion being touched prior to the end of the preset time period displayed on the second game display, store the unique identification code from the each electronic gaming machine of the plurality of electronic gaming machines from which the data signal is detected in the data storage device with a group of unique identification codes associated with an instance of the second game; c) transmit a data signal instruction to the EGM-managing network to deduct an amount of credit from the player credit relating to the wager, the data signal instruction including the unique identification code from which the data signal is detected;” and display steps and other associated hardware elements. The hardware elements are commonly found in the gaming art related to electronic wagering game machines or wagering terminals and therefore are no more than a generic recitation of computer hardware elements including network elements and therefore does not provide a practical application that amounts to more than the identified abstract idea. This includes the recitation of memory, processors, and displaying steps which are generically found in electronic gaming machine including the elements accepting wagers for the purpose of presenting an outcome and payout for the results. See Nguyen et al. (US Pub. No. 2008/0076505 A1) teaches the conventional feature in the art of electronic wagering game tables including "multiple player displays for displaying virtual playing cards which are electronically dealt to players at the electronic gaming table" (paragraph [0006]). See Vancura US Pub. 2010/0029381 teaching wagering game interfaces including conventional wagering input/output interfaces "conventional details for operating a casino game machine 10 are well understood in the industry, including receiving money, accepting wagers, delivering payoffs, operating a casino game machine, etc. In particular, a conventional money reception device(s) 40 such as a bill acceptor, ticket acceptor, or coin slot may be utilized. Too, such conventional wager device(s) 50 such as push-buttons or a touch-screen may be utilized to initiate play. Typically, players may have special player inputs (either physical 60 and/or on-touch-screen 130) that denote a max bet, spin of the reels, a bonus bet, etc. Likewise a conventional payout device(s) 70 such as a ticket dispenser, bill dispenser, coin dispenser, etc. or any suitable payout device or devices are possible." (paragraph [00038]). See Erlichman (US Pat. No. 7,112,134) at col. 4, lines 37-41 "In one embodiment, the identification object operates in a manner similar to conventional casino player tracking cards, which track the cumulative amount of money wagered, and other statistics about a player as they play conventional casino games.". See Trachtman (US Pat. No. 10,013,537) for the conventional feature of a timer for accepting input before the touch screen times out or locks (col. 1, lines 28-40). Seelig et al. (US Pub. No. 2008/0096626 A1) teaches the use of a player database to track player information for additional features, such as compensation (paragraph [0046]) which would include an identifier to identify the player. Additionally as per claim 3 the preamble indicates as conventional “an electronic casino gaming floor system having a plurality of electronic gaming machines connected in an EGM-managing network, wherein each electronic gaming machine of the plurality of electronic gaming machines is associated with a unique identification code and includes a housing and one or more internal components mounted within the housing being configured to enable play of a first game independently of any other electronic gaming machine connected to the EGM-managing network, the one or more internal components including a touchscreen display device, a memory and a communication interface within the housing, wherein the memory stores player credit and the communication interface receives data signals from the one or more internal components, the data signals including an active session data signal corresponding to an outcome of the first game being undetermined and an inactive session data signal corresponding to an outcome of the first game being determined, the improvement enabling a second game” as per the nature of a Jepson claim. See above. See Specifically it is conventional to communicate data to output to a user including on an electronic gaming table in order to carry out a wagering game and to include a database to track wagers. This includes machine and hardware elements to carry out the game or use conventional features such as timing out sessions or determining when a session is still active. Therefore these limitations do not provide a practical application. Further the means of displaying graphics and animations regarding a result or state of the game are conventional to the art and is directed towards extra solution activity as being a means to output information without changing the identified mental steps above. Additional elements such as when to accept input based on a timer is extra solution activity not directly related to the claimed improvement which is the function of the second game, see above, and therefore does not overcome step 2B. Therefore the claims are found to be rejected under 101.
Response to Arguments
Applicant's arguments filed 02/02/2026 have been fully considered but they are not persuasive. Applicant argues that examiner takes an overly broad view of the claims and does not address the network and gaming machine elements. This argument was previously made and was addressed in the final rejection. Examiner maintains arguments as follows. Examiner contends this is addressed in step 2B wherein prior art is cited to show evidence that argued network features and gaming machine elements related to EGM, such as money acceptors, is conventional to the art and therefore recitation of the machine and network elements does not overcome step 2B unless applicant can argue that the elements are non-conventional. Examiner contends the elements read on a standard gaming machine network including communicating with identified machines the information related to the machine. Using identities in a network is conventional as the means to identify the intended machine for a message.
Applicant argues that a practical improvement exits with “while electronic gaming machines each operate a specific standalone first game as recited, the system and method of the present invention as recited add a second game that is independent of each standalone game yet uses the electronic gaming machines as a point from data is generated for use in the second game which wagers may be received and operates with the requisite game security and integrity required for gaming operations. Thus, the system is unconventional at least in that the game transaction controller enables the operation of the second game while detecting the operation of the standalone game at the electronic gaming machine without impact the first game”. Secure gaming is a conventional feature to the gaming art and therefore arguing that the game is secure is not enough to provide a practical improvement. Instead applicant should cite to what element of the game secures the machine with an explanation of how this occurs which differs over the conventional features in the art. Additionally applicant indicates “security and integrity” required for gaming operations which appears to read on jurisdictional requirements which would be conventional in nature and further show that secure electronic gaming is both conventional and the argued improvement is basic to gaming. Beyond security applicant appears to argue that running a second game, separate from the first, is an improvement. Specifically a game which selects gaming machines independent of a first game. Examiner contends this is application of a game rule and not an improvement of itself. Specifically this reads as how to run a game in order to determine an outcome by selecting a player, which is a mental step, by using machine identifiers. Running a second game is not an improvement to the function of the system. Additionally server running games are conventional to the art and therefore having a game that can run independent of a first game would be known and conventional since a server can run its own game without requiring the gaming machine. Therefore this improvement does not appear to meet the requirement under step 2A as being directed towards more game rules.
For example examiner looks to the argument of the independent second game as being directed towards an additional game that players can take part in. Including more than one game in a game session, for example known features regarding bonus games, is known and further more is an application of a game rule. A person can take part in more than one game and can also direct more than one game. Without some technology tie to the gaming machine that makes clear the improvement found in applicant’s second game a practical improvement cannot be found. Randomly selecting a gaming machine is no more than randomly selecting a player. Therefore this feature would read on a game rule.
As per amended language it appears to read on further including conventional machine hardware and therefore the previous 2B rejection is maintained. Further including known hardware, such as random number generator and displays, does not overcome step 2B. Applicant should indicate if the hardware comprises novel network setup beyond the rules of the game. For example the network providing the random selection would not be unconventional since it is still comprising a conventional network setup with server and client devices. However if the structure is different in order to implement this concept, such as physical changes to how the server is configured or communicates beyond the storage of game rules, then this may overcome the step 2B rejection. For the current office action the previous rejection is maintained.
Regarding applicants arguments for innovative “[g]roundbreaking, innovative, or even brilliant,” but that is not enough for eligibility. Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576, 591 (2013); accord buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1352 (Fed. Cir. 2014). Nor is it enough for subject-matter eligibility that claimed techniques be novel and nonobvious in light of prior art, passing muster under 35 U.S.C. §§ 102 and 103. See Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 89–90 (2012); Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 1151 (Fed. Cir. 2016) (“[A] claim for a new abstract idea is still an abstract idea. The search for a § 101 inventive concept is thus distinct from demonstrating § 102 novelty.”); Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1315 (Fed. Cir. 2016) (same for obviousness) (Symantec). The claims here are ineligible because their innovation is an innovation in ineligible subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM.
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/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 3/5/2026