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 .
Claim Status
Claims 1-20 are pending.
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 grouping of abstract ideas without significantly more. The claims, as exemplified by independent Claim 1, recites limitations that are directed to a grouping of abstract ideas such as:
1. An electronic gaming device comprising:
a display device;
at least one memory device; and at least one processor configured to execute programmed instructions stored in the at least one memory device, which when executed, cause the at least one processor to:
control the display device to display a matrix of symbol positions included on a plurality of independent reels, wherein the matrix of symbol positions define a play area, and wherein the plurality of independent reels have different distributions of credit symbols;
identify one or more first predefined patterns defined within the play area; - certain method of organizing human activity and/or mental process;
in response to receipt of an input to play an instance of a game, determine a first outcome, based at least in part on an output of a random number generator (RNG), that includes a first plurality of symbols to display in the play area; -certain method of organizing human activity;
determine whether a first subset of symbols of the first plurality of symbols displayed in the play area correspond to the one or more first predefined patterns defined within the play area; -certain method of organizing human activity and/or mental process;
in response to determining that the first subset of symbols correspond to the one or more first predefined patterns defined within the play area, control the display device to hold at least the first subset of symbols in place within the play area; and
determine a second outcome, based at least in part on an output of the RNG, that includes a second plurality of symbols to display in the play area within the matrix of symbol positions that do not correspond to the one or more first predefined patterns. -certain method of organizing human activity and/or mental process
The limitations, as underlined above, are found to recite a certain method of organizing human activity because they are found to be directed to steps and/or instructions for managing a symbol game. Moreover, certain limitations are found to be directed to mental processes because they recite an observation, judgment, evaluation, and/or opinion that is capable of being performed in the human mind. For at least these reasons, the claims, as exemplified by independent Claim 1 are found to recite a grouping of abstract ideas under Step 2A-prong 1.
This judicial exception is not integrated into a practical application because the additional limitations such as: “a display device;” “at least one memory device; and at least one processor configured to execute programmed instructions stored in the at least one memory device, which when executed, cause the at least one processor to:” “control the display device to display a matrix of symbol positions included on a plurality of independent reels, wherein the matrix of symbol positions define a play area, and wherein the plurality of independent reels have different distributions of credit symbols;” “based at least in part on an output of a random number generator (RNG)” “control the display device to” and “based at least in part on an output of the RNG,” are found to amount to at least one of mere instructions to invoke a computer as a tool to implement the abstract idea, insignificant extra solution activity including pre and post solution activity, and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). For at least these reasons, the additional limitations are not found to integrate the claim into a practical application under Step 2A-prong 2.
The claims, as exemplified by independent Claim 1, do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements such as: an electronic gaming device comprising a display device, at least one memory device, and at least one processor to execute programmed instructions stored in the at least one memory device and a random number generator (RNG), when viewed individually and/or as a collection of components are found to perform conventional operations that amount to invoking highly-generalized computer components as a tool to implement the abstract idea, insignificant extra solution activity, and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). For instance, Vancura (US 2010/0029381) discloses a conventional gaming device comprises a display device, at least one memory storing game programming to execute the game, and to determine pseudo-random game outcomes using a random number generator are well-known, routine, and conventional to one of ordinary skill in the gaming arts (see Vancura, Fig. 1, 0008, 0037-0040). For at least these reasons, the additional elements are not found to amount to significantly more than the abstract idea.
Regarding independent Claims 8 and 15, the claims recite substantially the same subject matter as discussed with respect independent Claim 1 above and incorporated herein. The differences are that they are directed to the method of operating the electronic gaming device and the non-transitory computer-readable medium storing the instructions embodiments as opposed to the electronic gaming device of independent Claim 1. However, these difference do not change or alter the analysis and are found to be directed to a grouping of abstract ideas without significantly more.
With respect to dependent claims 2-7, 9-14, and 16-20, the limitations of the dependent claims have been analyzed and were found to recite at least one of: additional limitations of a grouping of abstract ideas (see MPEP 2106.05), mere instructions to invoke a computer as a tool to implement the abstract idea (see MPEP 2106.05(f)), insignificant extra solution activity (see MPEP 2106.05(g)), and/or providing a technological environment in which to perform the abstract idea (see MPEP 2106.05(h)). For at least these reasons, claims 1-20 are found to recite a grouping of abstract ideas without significantly more.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, 8-10, 12, 15-17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by You et al. (US 2018/0102020 A1).
Regarding claim 1, You discloses an electronic gaming device (see You, Fig. 1, 0020-0021) comprising: a display device (see You, primary display 18 of Fig. 1, 0021-0022); at least one memory device (see You, Fig. 2, 0025); and at least one processor configured to execute programmed instructions stored in the at least one memory device, which when executed, cause the at least one processor to (see You, CPU 42 of Fig. 2, 0025):
control the display device to display a matrix of symbol positions included on a plurality of independent reels (see You, Fig. 4A-4F, 0037, wherein the plurality of reels may include a simulated reel for each symbol positions which is analogous to independent reels), wherein the matrix of symbol positions define a play area, and wherein the plurality of independent reels have different distributions of credit symbols (see You, Figs. 4A-4F, 0037-0039, wherein the display presents a feature game with a display of a matrix of symbol positions including value symbols having different distributions of credit symbols);
identify one or more first predefined patterns defined within the play area (see You, Fig. 4A, 0038-0041, wherein the one or more first predefined patterns is a grouping of three or more value symbols outside of border that are adjacent to one another);
in response to receipt of an input to play an instance of a game (see You, Figs. 1, 4A-4F, 0034-0042, wherein the player input such as a player’s pressing of a touch key into a data signal to play a game), determine a first outcome (see You, Fig. 4C, 0042), based at least in part on an output of a random number generator (RNG) (see You, 0029-0030, wherein the RNG is used to randomize determinations of a value, outcome, or element)), that includes a first plurality of symbols to display in the play area (see You, Fig. 4B-4C, 0042);
determine whether a first subset of symbols of the first plurality of symbols displayed in the play area correspond to the one or more first predefined patterns defined within the play area (see You, Fig. 4C-4D, 0042-0043, wherein the first spin outcome results in a symbol without an assigned value);
in response to determining that the first subset of symbols correspond to the one or more first predefined patterns defined within the play area, control the display device to hold at least the first subset of symbols in place within the play area (see You, Fig. 4C-4D, 0042-0043, wherein the predetermined pattern of grouped symbols remain locked in place for the duration of the subsequent spin); and
determine a second outcome (see You, Fig. 4C-4D, 0042-0043), based at least in part on an output of the RNG (see You, 0029-0030), that includes a second plurality of symbols to display in the play area within the matrix of symbol positions that do not correspond to the one or more first predefined patterns (see You, Fig. 4C-4D, 0042-0043).
Regarding claim 8, You discloses a method operable by an electronic gaming device that includes a display device (see You, primary display 18 of Fig. 1, 0020-0022), the method comprising:
controlling the display device to display a matrix of symbol positions included on a plurality of independent reels, wherein the matrix of symbol positions define a play area, and wherein the plurality of independent reels have different distributions of credit symbols (see You, Fig. 4A-4F, 0037-0039);
identifying one or more first predefined patterns defined within the play area (see You, Fig. 4A, 0038-0040);
in response to receipt of an input to play an instance of a game, determining a first outcome, based at least in part on an output of a random number generator (RNG), that includes a first plurality of symbols to display in the play area (see You, Fig. 1, 4A-4F, 0029-0030, 0034-0042);
determining whether a first subset of symbols of the first plurality of symbols displayed in the play area correspond to the one or more first predefined patterns defined within the play area (see You, Fig. 4C-4D, 0042-0043);
in response to determining that the first subset of symbols correspond to the one or more first predefined patterns defined within the play area, controlling the display device to hold at least the first subset of symbols in place within the play area (see You, Fig. 4C-4D, 0042-0043); and
determine a second outcome, based at least in part on an output of the RNG, that includes a second plurality of symbols to display in the play area within the matrix of symbol positions that do not correspond to the one or more first predefined patterns (see You, Fig. 4C-4D, 0029-0030, 0042-0043).
Regarding claim 15, You discloses a non-transitory computer-readable medium embodying programmed instructions which, when executed by at least one processor of a gaming device that includes a display device, cause the at least one processor to (see You, Fig. 2, 0025, 0029):
control the display device to display a matrix of symbol positions included on a plurality of independent reels, wherein the matrix of symbol positions define a play area, and wherein the plurality of independent reels have different distributions of credit symbols (see You, Fig. 4A-4F, 0037-0039);
identify one or more first predefined patterns defined within the play area (see You, Fig. 4A, 0038-0041);
in response to receipt of an input to play an instance of a game, determine a first outcome, based at least in part on an output of a random number generator (RNG), that includes a first plurality of symbols to display in the play area (see You, Fig. 1, 4A-4F, 0029-0030, 0034-0042);;
determine whether a first subset of symbols of the first plurality of symbols displayed in the play area correspond to the one or more first predefined patterns defined within the play area (see You, Fig. 4C-4D, 0042-0043);
in response to determining that the first subset of symbols correspond to the one or more first predefined patterns defined within the play area, control the display device to hold at least the first subset of symbols in place within the play area (see You, Fig. 4C-4D, 0042-0043); and
determine a second outcome, based at least in part on an output of the RNG, that includes a second plurality of symbols to display in the play area within the matrix of symbol positions that do not correspond to the one or more first predefined patterns (see You, Fig. 4C-4D, 0029-0030, 0042-0043).
Regarding claims 2, 9, and 16, You discloses the electronic gaming device of claim 1, the method of claim 8, and the non-transitory computer readable medium of claim 15. You further discloses wherein the programmed instructions further cause the at least one processor to: determine whether a second subset of symbols of the second plurality of symbols displayed in the play area correspond to one or more second predefined patterns defined within the play area (see You, Fig. 4C-4D, 0042-0043, wherein the second spin outcome results in additional value symbols forming a predefined pattern connecting horizontally or vertically to the held grouped symbols);
in response to determining that the second subset of symbols correspond to the one or more second predefined patterns defined within the play area, control the display device to hold at least the second subset of symbols in place within the play area (see You, Fig. 4C-4E, 0042-0046); and determine a third outcome, based at least in part on an output of the RNG, that includes a third plurality of symbols to display in the play area within the matrix of symbol positions that do not correspond to the one or more second predefined patterns (see You, Fig. 4C-4E, 0042-0046).
Regarding claims 3, 10, and 17, You discloses the electronic gaming device of claim 1, the method of claim 8, and the non-transitory computer readable medium of claim 15. You further discloses wherein: the first subset of symbols comprises the credit symbols (see You, Fig. 4C-4E, 0042-0046, wherein the value symbols comprise credit symbols).
Regarding claims 5, 12, and 19, You discloses the electronic gaming device of claim 1, the method of claim 9, and the non-transitory computer-readable medium of claim 15, wherein the programmed instructions further cause the at least one processor to:
in response to determining that the first subset of symbols correspond to the one or more first predefined patterns defined within the play area, control the display device to hold at least one symbol of the first plurality of symbols in place that do not correspond with the one or more first predefined patterns (see You, Fig. 4B-4C, 0039-0042, wherein the value symbol that does not correspond to the horizontal and vertically adjacent predefined pattern grouping is held for the subsequent spin).
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.
Claims 4, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over You et al. (US 2018/0102020 A1) as applied to independent Claims 1, 8, and 15 above, in view of Paiva et al. (US 2018/0102027 A1).
Regarding claims 4, 11, and 18, You discloses the electronic gaming device of claim 1, the method of operating the electronic gaming device of claim 8, and the non-transitory computer-readable medium of claim 15. Although, You discloses wherein the one or more first predefined patterns comprise to be winning combinations of three or more grouped symbols it is silent with respect to the one or more first predefined patterns comprise bingo patterns.
Paiva teaches an electronic gaming system which comprises identifying one or more first patterns defined within the play areas comprises bingo patterns for a reel game with a free spin feature (see Paiva, Figs. 10-11, 0050, 0058-0059). Specifically, Paiva teaches identifying one or more first patterns that correspond a sequence of numbers that correspond to a plurality of slot symbol combinations and bingo patterns such that the slot symbol combination has the same outcome effect as a corresponding bingo pattern (see Paiva, Figs. 10-11, 0059-0060). One would have been motivated to incorporate the teachings of Paiva to yield the expected result to create a Class III slot game experience for Class II bingo games which increases excitement and entertainment (see Paiva, 0004). Therefore it would have been obvious to one of ordinary skill in the art wherein the one or more first predefined patterns comprise bingo patterns.
Conclusion
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/RYAN HSU/EXAMINER, Art Unit 3715