Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-20 recite an abstract idea of organizing human activity. The claim limitations are not indicative of integration into a practical application and the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2a1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Claims 1-9 recite, a system comprising:
an interface; a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
receive, via the interface and from a slot machine interface board associated with an electronic gaming machine, data captured in association with a regulatory review event occurring at the electronic gaming machine,
determine, based on the received data and electronic gaming machine configuration data associated with the electronic gaming machine, if an operation of the electronic gaming machine is defective,
and responsive to the determination being that the operation of the electronic gaming machine is defective:
cause a modification of the operation of the electronic gaming machine, and
cause a modification of the operation of a plurality of other electronic gaming machines
Claims 10-11 recite, a system comprising:
an interface; a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to:
receive, via the interface and from a slot machine interface board associated with an electronic gaming machine, data captured in association with a play of a game determined based on gaming software being executed by a processor of the electronic gaming machine,
determine, based on the received data and electronic gaming machine configuration data associated with the electronic gaming machine, if the gaming software is defective, and
responsive to the determination being that the gaming software is defective:
cause a modification of the gaming software being executed by the processor of the electronic gaming machine, and
for each of a plurality of other electronic gaming machines, cause a modification of the gaming software being executed by a processor of that other electronic gaming machine.
Claims 12-20 recite, a method of operating a system, the method comprising:
receiving, via an interface and from a slot machine interface board associated with an electronic gaming machine, data captured in association with a regulatory review event occurring at the electronic gaming machine,
determining, by a processor and based on the received data and electronic gaming machine configuration data associated with the electronic gaming machine, if an operation of the electronic gaming machine is defective, and
responsive to the determination being that the operation of the electronic gaming machine is defective:
causing, by the processor, a modification of the operation of the electronic gaming machine, and
causing, by the processor, a modification of the operation of a plurality of other electronic gaming machines.
The underlined limitations recite an abstract idea of organizing human activity. The claims recite steps of determining if a gaming operation or device is defective and causing a modification to the gaming operations or device and other devices. These limitations recite steps of managing a game or a plurality of games and therefore recite an abstract of organizing human activity.
Step 2a2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration of whether the claim recites additional elements that are indicative of integration into a practical application.
An additional element or combination of additional elements that are indicative of integrating the abstract idea into a practical application include:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Additional element or combination of additional elements that are not indicative of integration of the abstract idea into a practical application include:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1-20 do not apply a judicial exception to effect a particular treatment, and do not transform or reduce a particular article to a different state or thing.
Claims 1-20 are not directed to an improvement to a function of a computer. There is no improvement to a technical field. In addition, the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way.
The additional elements of: receiving, via the interface and from a slot machine interface board associated with an electronic gaming machine, data captured in association with a regulatory review event occurring at the electronic gaming machine, amount to receiving data, which is a form of insignificant extra-solution activity.
In addition, the system comprising the interface, processor memory, and the electronic gaming machine(s) are generic devices used to implement the abstract idea electronically.
For the reasons discussed above, the additional elements identified above considered alone and in combination fail to integrate the abstract idea into a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole is analyzed to determine whether any additional element, or combination of additional elements, is sufficient to ensure that the claims amount to significantly more than the exception.
Claims 1-20 recite the additional elements of
receiving, via the interface and from a slot machine interface board associated with an electronic gaming machine, data captured in association with a regulatory review event occurring at the electronic gaming machine, amounts to receiving data or transmitting data, which is a form of insignificant extra-solution activity.
The steps of communicating, transmitting data over a network is well known, routine and conventional. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here).
The claims also recite a system comprising a processor, a memory and gaming machines. Chen (US 2006/0116208) discloses gaming machines are well known and it is well known of electronic gaming systems to comprise a processor, and memory device (paragraph 5).
The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Dependent claims further recite an abstract idea of organizing human activity. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified abstract idea. Looking at the additional elements 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 claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception 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 clams merely include limitations that further define the abstract idea and thus don’t make the abstract idea any less abstract. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Buchholz (US 2008/0318669) in view of Frerking (US 2008/0096645)
Claim 1. Buchholz discloses a system (Approval entity 218 in Fig. 2, paragraphs 30. In addition, content manager 224 can perform audits similar to the approval entity, paragraph 27.) comprising:
an interface; a processor; and a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to (approval entity can be a computer which inherently comprises an interface, processor and memory device; paragraph 38.),
receive, via the interface and from a slot machine interface board associated with an electronic gaming machine, data captured in association with a regulatory review event occurring at the electronic gaming machine (receive wagering game content from gaming machine associated with regulatory review or associated with a list to be authenticated; paragraphs 77-78),
determine, based on the received data and electronic gaming machine configuration data associated with the electronic gaming machine, if an operation of the electronic gaming machine is defective (Audit unit which is part of the approval entity, determines if the authentication information, content, and transaction information is correct or incorrect/defective, paragraphs 30, 38, 78-87, Figs. 3, 9), and
responsive to the determination being that the operation of the electronic gaming machine is defective:
cause a modification of the operation of the electronic gaming machine (Cause he audit response unit 432 stops using wagering game content associated with the audit failure. In one embodiment, the audit response unit 432 deletes or otherwise disables the wagering game content associated with the audit failure; paragraph 95. See also paragraphs 30, 38, 52, 67-69).
Buchholz discloses the claimed invention as discussed above but fails to teach that the system causes a modification of the operation of a plurality of other electronic gaming machines. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. Buchholz discloses the if the wagering game content does not satisfy regulatory rules or licensing agreements (paragraphs 23, 24, 30, 38, 49) the wagering game content is disabled (paragraph 95). The content is reviewed for a plurality of gaming machines in the network (paragraphs 27, 30, 34, 38, 69-70). Therefore, if a plurality of gaming machines in the network have the same game content as the game content that did not satisfy regulatory rules, it would have been obvious to disable the game content in the other gaming machines. In an analogous art to wagering systems, Frerking discloses a system comprising a plurality of gaming machines. Frerking discloses it is known for gaming machine or a bank of machines may be disabled or out of ordered for various reasons (such as periodic maintenance, drops; paragraph 66). Therefore, it would have been obvious to one of ordinary skilled in the art to modify Buchholz’s invention and modify or disable the content of the other electronic gaming machines or similar gaming machines within the bank of gaming machines in order to provide the predictable result of removing gaming machines or game content that does not meet regulatory requirement.
Claim 2. Buchholz discloses the system of claim 1, wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to the determination being that the operation of the electronic gaming machine is defective, cause the processor to communicate, via the interface and to the slot machine interface board associated with the electronic gaming machine, data that results in the modification of the operation of the electronic gaming machine (transmitting and receiving unit 434 in Fig. 4).
Claim 3. Buchholz in view of Frerking discloses the system of Claim 1, wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to the determination being that the operation of the electronic gaming machine is defective, cause the processor to communicate, to a plurality of other slot machine interface boards associated with a the plurality of other electronic gaming machines, data that results in the modification of the operation of the plurality of other electronic gaming machines (see rejection for claims 1-2 above).
Claim 4 Buchholz in view of Frerking discloses the system of Claim 1, wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to the determination being that the operation of the electronic gaming machine is defective, cause the processor to communicate, to the plurality of other electronic gaming machines, data that results in the modification of the operation of the plurality of other electronic gaming machines (see rejection for claims 1-2 above).
Claim 5. Buchholz discloses the system of claim 1, wherein the modification of the operation of the electronic gaming machine comprises disabling the electronic gaming machine (stop using wagering game content, step 1014 in Fig. 10).
Claim 6. Buchholz discloses the system of claim 1, wherein the modification of the operation of the electronic gaming machine comprises disabling a feature of the electronic gaming machine (stop using wagering game content, step 1014 in Fig. 10).
Claim 7. Buchholz discloses the system of claim 1, wherein the modification of the operation of the electronic gaming machine comprises reconfiguring the electronic gaming machine (reconfigure the gaming machine to stop using wagering game content, step 1014 in Fig. 10).
Claim 8. Buchholz discloses the claimed system of claim 1, as discussed above but fails to teach that the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to determine if the operation of the electronic gaming machine is defective based on an input received via an input device. Nevertheless, such modification would have been obvious to one of ordinary skilled int eh art. Buchholz discloses that the wagering game content that is reviewed can include program code, audio content, video content, and/or other data used for conducting all or part of a wagering game or bonus game (paragraph 36). The wagering game content can also include executable game code, game math, game art, configuration data (e.g., data enumerating win percentages, denominations, paylines, etc.), operating system code (e.g., peripheral device drivers, patches, libraries, etc.), advertisements, etc. (paragraph 36). Buchholz also discloses that transaction history associated with the wagering content is reviewed (paragraphs 82-84, 91-94). Game transaction history requires game input from an input device by a player. Therefore, it is implied or would have been obvious that the processor determines if the operation is defective based on an input received via an input device since Buchholz discloses that the determination if the gaming machine is defective is based on various wagering game content and transaction history.
Claim 9. Buchholz discloses the system of claim 1, wherein the regulatory review event comprises a play of a game occurring at the electronic gaming machine (transaction history associated with the wagering content is reviewed; paragraphs 82-84, 91-94).
Claim 10. See rejection for claim 1 and 9 above.
Claim 11. See rejections for claim 6-7 above.
Claim 12-20. See rejection for claims 1-9 above.
Response to Arguments
Applicant's arguments filed 6/4/26 have been fully considered but they are not persuasive.
35 USC 101
Applicant argues that the claims recite additional elements of, "receive, via [an] interface and from a slot machine interface board associated with an electronic gaming machine, data captured in association with a regulatory review event occurring at the electronic gaming machine, and responsive to the determination being that the operation of the electronic gaming machine is defective: cause a modification of the operation of the electronic gaming machine, and cause a modification of the operation of a plurality of other electronic gaming machines" are not generic, conventional, or well-known in accordance with MPEP 2106.05(d); MPEP 2106.07(a); Berkheimer v. HP, Inc., 881 F.3d 1360, 1368, 125 USPQ2d 1649, 1654 (Fed. Cir. 2018). In this case, the Office has not provided a factual determination as required to support a conclusion that these additional elements (or combination of additional elements) are well-understood, routine, conventional activity.
However, the step of receiving via the interface and from a slot machine interface board associated with an electronic gaming machine, data captured in association with a regulatory review event occurring at the electronic gaming machine is step of receiving data, which is insignificant extra solution activity. The step of determining and causing a modification to a game is an abstract idea.
Applicant argues that the claims do not qualify as extra solution activity because they impose meaningful limits on the claims by altering a flow of operation of the claimed system in that the determination of if an operation of an electronic gaming machine is defective is based on the data received via the interface and from a slot machine interface board. However, the claim limitations do no impose meaningful limits since they are data received. The use of a slot machine interface board, and modifying gaming machines generally link the use of the judicial exception to an electronic environment.
Double Patenting
The Terminal disclaimer filed 12/15/25 is approved. The double patenting rejection is withdrawn.
Prior Art
Applicant argues that Buchholz fails to teach modifying or disabling wagering game content associated with other wagering game machines.
New grounds of rejection have been made to address the amended limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jasson H Yoo whose telephone number is (571)272-5563. The examiner can normally be reached M-F 9am-5pm.
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, Peter Vasat can be reached at 571 270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JASSON H YOO/ Primary Examiner, Art Unit 3715
Prosecution Insights