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
This office action is in response to amendments filed on 01/02/2026.
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 1-20 rejected under 35 U.S.C. 101 because the claimed invention is directed to a mental step without significantly more. As per step 1 examiner recognizes the claims are directed towards a gaming system or method of gaming which comprises sufficient machine elements performing the steps. As per step 2A the claim(s) recite(s) “execute an electronic game in a first mode of the plurality of modes; detect an occurrence of an event in the first mode of the electronic game; execute the electronic game in a second mode of the plurality of modes based on the detected occurrence of the event, wherein the second mode of the plurality of modes comprises a tier of a plurality of tiers; apply a tier determination rule to game play information for the electronic game executed in the second mode; update the tier of the plurality of tiers for the second mode based on the applied tier determination rule; and provide, through the display device, a visual indication of the updated tier of the plurality of tiers for the second mode in both the first mode and second mode of the plurality of modes, wherein the visual indication of the updated tier advances as the updated tier advances through the plurality of tiers.” which teaches a game comprising a first mode game which has an event to trigger a second game with a second mode with the second mode comprising a plurality of tiers with tier determination rules. Amended language adds further visual features to indicate this information such as animating a change in tier including by associating the change with a character or a visual change to a character detail. Examiner further recognizes that the dependent claims include clarification on what rules are applied, what type of games, and display methods. As per the mental steps see highlighted sections which include determination language and based on a condition being met which are game rules that can be performed in the mind by observing the state of a game and applying the corresponding rule. While a random determination is not a mental step the step of applying a rule based on a state, which would include the state of a random number generation, is a step that can be performed in the mind. Specifically an individual can determine the next step or what tier to apply to a game including the tier rules by observing this information. This judicial exception is not integrated into a practical application because the claims remain directed to a game comprising a series of rules. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims remain directed towards a means to carry out a game without an indicated improvement beyond carrying out the claimed game. Specifically the claims are directed to a carrying out a game based on established rules and do not comprises a technical improvement to the computing art or other practical applications. Instead a series of game rules are recited which are carried out by the gaming system.
As per step 2B examiner recognizes that additional elements are directed to conventional activities or extra solution activity. See below.
Limitations “gaming system comprising: a processor; and a memory coupled with and readable by the processor and storing therein a set of instructions which, when executed by the processor, causes the processor to: execute an electronic game” and other associated hardware. The hardware elements are commonly found in the gaming art related to electronic slot 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 US 6186894 B1 at col. 5, lines 25-38 regarding video slot reels including displaying outcomes and that the activity of spinning and producing random outcomes from a wagering game are conventional activities well-understood in the art. See Acres (US Pub. No. 2012/0172107 A1) teaches within the electronic gaming art the use of a random number generator to determine numbers for specific reel stop positions in order to determine an outcome which is evaluated if it is a winning combination of symbols appearing on a played payline (paragraph [0073]). Specifically it is conventional to communicate data to output to a user comprising animated images of a game outcome or static images to communicate an outcome and award due as well as the state of the game. 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. This includes the act of displaying particular animations or image regarding an outcome including selected states for a game comprising tiers of a game presented since these display steps are extra solution activity and directed to the outputting of data to inform a player which is conventional to the art. Specifically it is conventional to include the step of displaying the game outcome and the action of tiers or levels for an associated game would be extra solution activity as the animation is directed towards a theme while the actual act of animating in a game is conventional. This would include the amended animation changes which are still directed to extra solution activity regarding a theme of the game since the animation still communicate data in a conventional manner but are theme to fit a particular game visually which is not a change to the hardware but how data is presented for visual effect. Specifically a type of animation used, such as character changes, is not a change to the hardware but is a visual design choice. Therefore the hardware and animation features do not provide a practical application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over San (US Pub. No. 2019/0051119 A1) in view of Baerlocher et al. (US Pat. No. 6,648,754 B2 hereinafter referred to as Baerlocher) and Nelson et al. (US Pat. No. 8,333,657 B1 hereinafter referred to as Nelson).
As per claim 1, San teaches a gaming system (abstract and Fig. 12) comprising: a display device (Fig. 1, item 7 and Fig. 14, item 270); a processor coupled with the display device (Fig. 14, items 270 and 304 and paragraph [0152] see microprocessor); and a memory coupled with and readable by the processor and storing therein a set of instructions which (Fig. 14, items 302 and 306 and paragraph [0152] see memory), when executed by the processor, causes the processor to: execute an electronic game in a first mode of the plurality of modes (Fig. 4, and paragraph [0123] see play of base game which includes a trigger to start a feature); detect an occurrence of an event in the first mode of the electronic game (Fig. 4, and paragraph [0123] see play of base game which includes a trigger to start a feature); execute the electronic game in a second mode of the plurality of modes based on the detected occurrence of the event, wherein the second mode of the plurality of modes comprises a tier of a plurality of tiers (Figs. 6-9 and paragraphs [0124]-[0128] describes the function of the game including a level system as discussed in paragraph [0124] with Fig. 6 showing a current level and a level up of the level as shown by paragraph [0126] and Fig. 8. Examiner recognizes the level system acts in a similar manner to applicant’s claimed tier system); apply a tier determination rule to game play information for the electronic game executed in the second mode (Paragraphs [0126]-[0127] discloses at least the award provided is modified based on level. Paragraph [0131] discloses the outcome needed for a prize is different between levels such as the number range for a jackpot win. Paragraphs [0135] and [0137] discloses different games can be provided based on the level); update the tier of the plurality of tiers for the second mode based on the applied tier determination rule (Figs. 6-9 and paragraphs [0124]-[0128] describes the function of the game including a level system as discussed in paragraph [0124] with Fig. 6 showing a current level and a level up of the level as shown by paragraph [0126] and Fig. 8.); and provide an indication of the updated tier of the plurality of tiers for the second mode (Figs. 6-9, item 70 see level banner). San does not specifically teach the game step of provide, through the display device, a visual indication of the updated tier of the plurality of tiers for the second mode in the both, wherein the visual indication of the updated tier advances as the updated tier advances through the plurality of tiers. However, Baerlocher teaches a game (abstract) comprising a slot base game (col. 5, lines 13-21) wherein a feature game comprising a plurality of tiers of offers wherein a character is animated progressing through the levels in order to indicate progress (Fig. 6, items 110, 112, and 122, col. 10, line 65 to col. 11, line 10 and col. 11, lines 14-18 teaches a character which indicates a current tier by progressing through the tiers such as by “climbing”) and Nelson teaches a wagering game (abstract) comprising a first game and a second game (Fig. 4A) wherein the display is modified to change focus on the game based on events in the shared games including displaying a game during the focus on a first game and then modifying the display focus to the second game based on a gaming event (Figs. 3-6 and col. 21 line 60 to col. 22 line 26 shows and describes modifying a display to focus on one game or another but still displays the other game). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of San with Baerlocher and Nelson, since San is modifiable to include an animation, including a character themed animation to present an interesting visual effect to capture a player’s interest, in order to show the progress though the tiers (San Figs. 6-9 shows the level increasing and visually displays this information) since this is more visually engaging for a player and also better communicates a change instead of a mere number change which may be missed and therefore keeps the player’s interest since they can better perceive a positive result. Specifically the use of animations is an obvious feature, as shown by Baerlocher, in order to communicate change in a game. As per how the games are displayed San is modifiable to look to Nelson wherein a focus on a game can change based on game events, for example focusing on the feature game when game events are occurring, while still allowing both games to be shown and therefore provide an incentive for a player to play for the feature by still showing the feature game, with the award tiers, and making sure it gets a proper focus when the feature starts and therefore avoid a player struggling to see the game if it occupies too small of an area. Examiner notes this could include expanding to occupy more than one display portion, including a first display potion for a first mode, since this is a design choice on how large to make the focused upon area and by making the game significantly bigger it would be easier to see.
As per claim 5, San teaches a gaming system wherein the first mode comprises a base play mode of the electronic game and the second mode comprises a bonus play mode (Fig. 4, and paragraph [0123] see play of base game which includes a trigger to start a feature).
As per claim 6, San teaches a gaming system wherein the electronic game comprises an electronic slots game (Fig. 4 and paragraph [0108]).
Claim(s) 2-4, 8-9, and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over San (US Pub. No. 2019/0051119 A1) in view of Baerlocher et al. (US Pat. No. 6,648,754 B2 hereinafter referred to as Baerlocher), Nelson et al. (US Pat. No. 8,333,657 B1 hereinafter referred to as Nelson), and Herring et al. (US Pub. No. 2019/0180533 A1 hereinafter referred to as Herring).
As per claim 2, San teaches a gaming system further comprising a display device coupled with the processor and wherein providing the indication of the updated tier of the plurality of tiers for the second mode comprises presenting a graphical indication of the updated tier of the display device Figs. 6-9, item 70 see level banner). San does not teach a system comprising the step of a graphical indication of the updated tier of the display device and wherein a visual level of detail of the graphical indication increases as the updated tier advances through the plurality of tiers. However, Baerlocher teaches a game (abstract) comprising a slot base game (col. 5, lines 13-21) wherein a feature game comprising a plurality of tiers of offers wherein a character is animated progressing through the levels in order to indicate progress (Fig. 6, items 110, 112, and 122, col. 10, line 65 to col. 11, line 10 and col. 11, lines 14-18 teaches a character which indicates a current tier by progressing through the tiers such as by “climbing”) and Herring teaches a game (abstract) comprising a slot game (Fig. 8) wherein the step of changing the visual appearance of a character is used to show progression of a feature in the game (paragraph [0159]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of San with Baerlocher, Nelson, and Herring, since San is modifiable to include an animation, including a character themed animation to present an interesting visual effect to capture a player’s interest, in order to show the progress though the tiers (San Figs. 6-9 shows the level increasing and visually displays this information) since this is more visually engaging for a player, which would include visually changing a character such as changing the visual details since this is another way to show a character is becoming better, and also better communicates a change instead of a mere number change which may be missed and therefore keeps the player’s interest since they can better perceive a positive result. Specifically the use of animations is an obvious feature, as shown by Baerlocher, in order to communicate change in a game and the specific change to visual appearance of a character is a design choice regarding how the operator intends for the system to show advancement which could include adding details to a character such as clarity or additional features since both would show the game’s progression occuring.
As per claim 3, San does not teach a gaming system wherein the graphical indication is related to a theme of the electronic game executed in the first mode. However, Baerlocher teaches a game (abstract) comprising a slot base game (col. 5, lines 13-21) wherein a feature game comprising a plurality of tiers of offers wherein a character, based on a climbing theme of the game, is animated progressing through the levels in order to indicate progress (Fig. 6, items 110, 112, and 122, col. 10, line 65 to col. 11, line 10 and col. 11, lines 14-18 teaches a character which indicates a current tier by progressing through the tiers such as by “climbing”) and Herring teaches a game (abstract) comprising a slot game (Fig. 8) wherein the step of changing the visual appearance of a character is used to show progression of a feature in the game (paragraph [0159]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of San with Baerlocher, Nelson, and Herring, since San is modifiable to include an animation, including a character themed animation to present an interesting visual effect to capture a player’s interest, in order to show the progress though the tiers (San Figs. 6-9 shows the level increasing and visually displays this information) since this is more visually engaging for a player, which would include visually changing a character such as changing the visual details since this is another way to show a character is becoming better, and also better communicates a change instead of a mere number change which may be missed and therefore keeps the player’s interest since they can better perceive a positive result. Specifically the use of animations is an obvious feature, as shown by Baerlocher, in order to communicate change in a game and the specific change to visual appearance of a character is a design choice regarding how the operator intends for the system to show advancement which could include adding details to a character such as clarity or additional features since both would show the game’s progression occuring.
As per claim 4, San does not teach a gaming system wherein the graphical indication comprises an animation of a character related to the theme of the electronic game executed in the first mode. However, Baerlocher teaches a game (abstract) comprising a slot base game (col. 5, lines 13-21) wherein a feature game comprising a plurality of tiers of offers wherein a character, based on a climbing theme of the game, is animated progressing through the levels in order to indicate progress (Fig. 6, items 110, 112, and 122, col. 10, line 65 to col. 11, line 10 and col. 11, lines 14-18 teaches a character which indicates a current tier by progressing through the tiers such as by “climbing”) and Herring teaches a game (abstract) comprising a slot game (Fig. 8) wherein the step of changing the visual appearance of a character is used to show progression of a feature in the game (paragraph [0159]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of San with Baerlocher, Nelson, and Herring, since San is modifiable to include an animation, including a character themed animation to present an interesting visual effect to capture a player’s interest, in order to show the progress though the tiers (San Figs. 6-9 shows the level increasing and visually displays this information) since this is more visually engaging for a player, which would include visually changing a character such as changing the visual details since this is another way to show a character is becoming better, and also better communicates a change instead of a mere number change which may be missed and therefore keeps the player’s interest since they can better perceive a positive result. Specifically the use of animations is an obvious feature, as shown by Baerlocher, in order to communicate change in a game and the specific change to visual appearance of a character is a design choice regarding how the operator intends for the system to show advancement which could include adding details to a character such as clarity or additional features since both would show the game’s progression occuring.
As per claims 8 and 16, San teaches a gaming system and method (abstract and Fig. 12) comprising: a display device (Figs. 12 and 14, item 270 and paragraph [0143]); a processor coupled with the display device (Fig. 14, item 304 and paragraph [0152] see microprocessor); and a memory coupled with and readable by the processor and storing therein a set of instructions which (Fig. 14, items 302 and 306 and paragraph [0152] see memory), when executed by the processor, causes the processor to: execute an electronic game in a first mode of a plurality of modes (Fig. 4, and paragraph [0123] see play of base game which includes a trigger to start a feature), the plurality of modes comprising the first mode and a second mode of operation of the electronic game (Fig. 4, and paragraph [0123] see play of base game which includes a trigger to start a feature), the second mode comprising a plurality of tiers (Figs. 6-9 and paragraphs [0124]-[0128] describes the function of the game including a level system as discussed in paragraph [0124] with Fig. 6 showing a current level and a level up of the level as shown by paragraph [0126] and Fig. 8. Examiner recognizes the level system acts in a similar manner to applicant’s claimed tier system); provide a graphical representation of execution of the electronic game in the first mode through a first region of the display device (Fig. 4 and paragraph [0184] base game is displayed on the lower area); provide a graphical representation of the second mode of operation of the electronic game through a second region of the display device (Figs. 6-9 and paragraph [0184] feature game displayed in the upper area); detect a current state of the electronic game in the first mode of the electronic game (Fig. 4, and paragraph [0123] see play of base game which includes a trigger to start a feature); execute the electronic game in a second mode of the plurality of modes based on the detected state of the electronic game (Fig. 4, and paragraph [0123] see play of base game which includes a trigger to start a feature); provide a graphical representation of execution of the electronic game in the second mode through the first region of the display device (Fig. 4, and paragraph [0123] see play of base game which includes a trigger to start a feature with the trigger shown in the first region indicating an execution of the second mode is to begin); apply a tier determination rule to game play information for the electronic game executed in the second mode (Paragraphs [0126]-[0127] discloses at least the award provided is modified based on level. Paragraph [0131] discloses the outcome needed for a prize is different between levels such as the number range for a jackpot win. Paragraphs [0135] and [0137] discloses different games can be provided based on the level); update the tier of the plurality of tiers for the second mode based on the applied tier determination rule (Figs. 6-9 and paragraphs [0124]-[0128] describes the function of the game including a level system as discussed in paragraph [0124] with Fig. 6 showing a current level and a level up of the level as shown by paragraph [0126] and Fig. 8.); and provide a graphical representation of the updated tier of the plurality of tiers for the second mode through the second region of the display device (Figs. 6-9, item 70 see level banner). San does not teach a game comprising the step of wherein a visual level of detail of the graphical representation increases as the updated tier advances through the plurality of tiers and provide a graphical representation of the updated tier of the plurality of tiers for the second mode through the first region of the display device and the second region of the display device and wherein a visual level of detail of the graphical representation increases as the updated tier advances through the plurality of tiers. However, Baerlocher teaches a game (abstract) comprising a slot base game (col. 5, lines 13-21) wherein a feature game comprising a plurality of tiers of offers wherein a character is animated progressing through the levels in order to indicate progress (Fig. 6, items 110, 112, and 122, col. 10, line 65 to col. 11, line 10 and col. 11, lines 14-18 teaches a character which indicates a current tier by progressing through the tiers such as by “climbing”), Nelson teaches a wagering game (abstract) comprising a first game and a second game (Fig. 4A) wherein the display is modified to change focus on the game based on events in the shared games including displaying a game during the focus on a first game and then modifying the display focus to the second game based on a gaming event (Figs. 3-6 and col. 21 line 60 to col. 22 line 26 shows and describes modifying a display to focus on one game or another but still displays the other game), and Herring teaches a game (abstract) comprising a slot game (Fig. 8) wherein the step of changing the visual appearance of a character is used to show progression of a feature in the game (paragraph [0159]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of San with Baerlocher, Nelson, and Herring, since San is modifiable to include an animation, including a character themed animation to present an interesting visual effect to capture a player’s interest, in order to show the progress though the tiers (San Figs. 6-9 shows the level increasing and visually displays this information) since this is more visually engaging for a player, which would include visually changing a character such as changing the visual details since this is another way to show a character is becoming better, and also better communicates a change instead of a mere number change which may be missed and therefore keeps the player’s interest since they can better perceive a positive result. Specifically the use of animations is an obvious feature, as shown by Baerlocher, in order to communicate change in a game and the specific change to visual appearance of a character is a design choice regarding how the operator intends for the system to show advancement which could include adding details to a character such as clarity or additional features since both would show the game’s progression occuring. As per how the games are displayed San is modifiable to look to Nelson wherein a focus on a game can change based on game events, for example focusing on the feature game when game events are occurring, while still allowing both games to be shown and therefore provide an incentive for a player to play for the feature by still showing the feature game, with the award tiers, and making sure it gets a proper focus when the feature starts and therefore avoid a player struggling to see the game if it occupies too small of an area. Examiner notes this could include expanding to occupy more than one display portion, including a first display potion for a first mode, since this is a design choice on how large to make the focused upon area and by making the game significantly bigger it would be easier to see.
As per claim 9, San teaches a gaming system wherein updating the tier of the plurality of tiers comprises incrementing the tier of the plurality of tiers (paragraph [0124] with Fig. 6 showing a current level and a level up of the level as shown by paragraph [0126] and Fig. 8 in an incremental fashion).
As per claim 11, San teaches a gaming system wherein the state of the electronic game in the first mode comprises a win state (Fig. 4, and paragraph [0123] see play of base game which includes a trigger to start a feature based on a certain outcome including a winning outcome of three symbols).
As per claim 12, San teaches a gaming system wherein the electronic game comprises an electronic slots game (Fig. 4 and paragraph [0108]), wherein the second mode of the plurality of modes comprises a bonus game mode (Fig. 4, and paragraph [0123]), and the game play information for the electronic game executed in the second mode comprises a number of free spins in the bonus game mode (paragraph [0120] feature game includes free games).
As per claim 13, San teaches a gaming system wherein the game play information for the electronic game executed in the second mode comprises an amount of time in the second mode (paragraph [0120] see free games for a certain number of rounds).
As per claim 14, San teaches a gaming system wherein the game play information for the electronic game executed in the second mode comprises a speed of play for the electronic game in the second mode (Paragraphs [0135] and [0137] discloses different games can be provided based on the level with examiner recognizing that different games would have different speeds associated with the play. Specifically the time taken to play would differ between game types).
As per claim 15, San teaches a gaming system wherein the game play information for the electronic game executed in the second mode comprises a result of the electronic game executed in the second mode (Figs. 6-9).
As per claim 17, San teaches a gaming system wherein determining the current tier of the plurality of tiers of the second mode comprises requesting, from a host system, the current tier of the plurality of tiers of the second mode (paragraph [0196] see internet play which would have gameplay information communicated from the online casino to the player’s device).
As per claim 18, San teaches a gaming system further comprising updating, by the gaming system, a paytable for the second mode of the plurality of modes of the electronic game based on the determined current tier of the second mode (Paragraphs [0126]-[0127] discloses at least the award provided is modified based on level. Paragraph [0131] discloses the outcome needed for a prize is different between levels such as the number range for a jackpot win. These would be changes to a paytable).
As per claim 19, San teaches a gaming system wherein updating the paytable for the second mode comprises changing win categories of the paytable (Paragraphs [0126]-[0127] discloses at least the award provided is modified based on level. Paragraph [0131] discloses the outcome needed for a prize is different between levels such as the number range for a jackpot win. These are both modification to win categories and payout.).
As per claim 20, San teaches a gaming system wherein updating the paytable for the second mode comprises changing a payout of the paytable (Paragraphs [0126]-[0127] discloses at least the award provided is modified based on level. Paragraph [0131] discloses the outcome needed for a prize is different between levels such as the number range for a jackpot win. These are both modification to win categories and payout.).
Claim(s) 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over San (US Pub. No. 2019/0051119 A1) in view of Baerlocher et al. (US Pat. No. 6,648,754 B2 hereinafter referred to as Baerlocher), Nelson et al. (US Pat. No. 8,333,657 B1 hereinafter referred to as Nelson), and Herring et al. (US Pub. No. 2019/0180533 A1 hereinafter referred to as Herring), and Bouvier et al. (US Pub. No. 2023/0050242 A1 hereinafter referred to as Bouvier).
As per claim 7, San does not teach a gaming system wherein the electronic game comprises a video poker game. However San teaches outcomes similar to poker (paragraph [0116]) and Bouvier teaches a gaming system comprising electronic poker (paragraph [0031]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of San with Baerlocher, Nelson, Herring, and Bouvier, since by including poker the game system of San is able to appeal to players who prefer or want to play a familiar card game and therefore increasing the number of potential players.
As per claim 10, San does not teach a gaming system wherein updating the tier of the plurality of tiers comprises decrementing the tier of the plurality of tiers. However, Bouvier teaches a gaming system (abstract) comprising decrementing the progression of an award level (Figs. 5A-5C) as well as skipping award levels and other ways to advance or retreat regarding progression of an award level (paragraph [0150]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of San with Baerlocher, Nelson, Herring, and Bouvier, since by allowing for different movements regarding tier progression, such as decreasing in progress, the game creates greater variety in play thereby increasing anticipation since players will not know what sort of outcome to expect regarding tier progression.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 over the prior art have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically applicant argues that the visual way information is communicated in San is not taught by the amendments. See above newly cited art that renders the changes obvious. Specifically Nelson shows a modification to how a display is presented, including switching focus, can be based on events in a game between a first and second game and that both games can be presented at the same time.
Applicant's arguments filed 01/02/2026 have been fully considered but they are not persuasive. Applicant argues that the previous 101 rejection was overcome by the amendments filed. Specifically amendments to how information is displayed. Examiner finds this reads on the previous portion of step 2B regarding animation and display steps being both conventional and extra solution activity. Specifically displaying information for an electronic game is conventional to the art as evidenced by references above in the step 2B. The particular theme or what information is displayed is extra solution activity based on the game presented. Specifically what symbols, how they are displayed, where they are displayed, and other features are themes to a game and not features that would overcome a step 2B rejection as being directed to non-conventional hardware.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Thomas et al. (US Pat. No. 9,165,427 B2) teaches an electronic slot game wherein a feature game occupies the display portion of the first base game when a feature is started.
Cannon et al. (US Pat. No. 6,652,378 B2) teaches an electronic slot game wherein multiple instances of a game can be displayed on a display including base and feature games concurrently.
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.
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, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN L MYHR/ Primary Examiner, Art Unit 3715 3/13/2026