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 12/11/2025.
Information Disclosure Statement
The listing of references in the arguments is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered. Regarding cited youtube video this is not a proper citation of prior art that can be made of record.
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.
Claim 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to method of organizing human activity directed to a fundamental economic activity such as hedging (e.g. carrying out a wagering game) in order to determine a financial obligation without significantly more and can be carried out as a mental process since the claims are directed merely to rules on how to carry out the game based on information provided without significantly more. As per step 1 examiner recognizes the claims include sufficient machine elements recited. As per step 2A the claim(s) recite(s) “displaying a game screen on the display device GUI including a plurality of cells arranged in a grid including a plurality of rows and columns and a plurality of primary game reels displayed within the grid, each primary game reel being displayed in a corresponding column; and conducting an instance of the computer-animated reel game by: animating the plurality of primary game reels to simulate spinning the plurality of primary game reels through the grid; randomly selecting a stop position for each primary game reel using the random number generator; sequentially stopping the plurality of primary game reels based on the randomly selected stop positions; detecting a trigger condition including a plurality of special symbols appearing within the grid with the primary game reels stopped and responsively initiating a bonus feature by: identifying each cell displaying a special symbol and establishing a plurality of multiplier zones within the grid with each multiplier zone having an associated multiplier value and being displayed with a corresponding cell displaying a special symbol; animating a corresponding frame around a perimeter of each corresponding cell associated with a multiplier zone including an image of each associated multiplier value within each corresponding frame; and removing the plurality of primary game reels from the grid; displaying each independent reel within a different cell in an initial position displaying a primary game symbol in an obscured manner such that each cell initially displays an obscured primary game symbol; spinning and stopping the plurality of independent reels; replacing the primary game reels with a plurality of independent unisymbol reels by: generating the plurality of independent reels by executing the computer-executable instructions included in the unisymbol reel strip data file stored in the memory device to generate the plurality of independent unisymbol reels to be displayed within each cell of the grid with each independent unisymbol reel including the plurality of primary game symbols and at least one credit prize symbol displaying a credit value; and animating each independent unisymbol reel to appear within a different cell in an initial position displaying a primary game symbol in an obscured manner such that each cell initially displays an obscured primary game symbol; and conducing an instance of the bonus feature by: animating the plurality of independent reels to simulate spinning and stopping the plurality of independent unisymbol reels; and modifying an appearance of each credit prize symbol being displayed within a corresponding multiplier zone by animating each corresponding credit value to increase based on a corresponding multiplier value displayed in the corresponding frame associated with the corresponding multiplier zone and removing the corresponding multiplier value from the corresponding frame.” which describes a slot game comprising a plurality of positions wherein upon triggering a bonus game some of the symbol positions are associated with a multiplier which is applied to prize symbols landing in the position over a subsequent number of spin. Examiner recognizes the recited prize symbols are symbols associated with a credit value or a jackpot value (paragraph [00108] of applicant’s disclosure) which are awarded to a player based on an outcome and therefore represent a wagering game which is a form of hedging comprising prizes which are won and owed to the player from a gaming operator. Further language further clarifies the symbols as having a corresponding credit value which is increased during the play of the game based on established rules such as the multiplier region. Amended language recite additional computer steps addressed in step 2B such as animating and additional mental steps addressed as part of the previous mental steps such as determining or identifying which subsequent causes a in response to step. Examiner recognizes the game comprises a series of steps which are performed including observing an outcome and modifying the game according to a rule to achieve an overall outcome. Specifically the game involves observing a state of the game, such as a symbol outcome, and apply corresponding rules to the game in order to determine an outcome. These are mental steps which can be performed by an individual. This includes the steps of determining when to modify a value (separate from displaying the symbol) based on an outcome and when to remove elements from the game (separate from displaying) which is a rule that applies a change to how a random outcome is determined. The mental step of changing what is used to determine a random outcome can be performed in the mind and is separate from the step of actually determining the outcome which uses a random number generator. This judicial exception is not integrated into a practical application because exception of presenting players with a game with the gaming being directed to the exception of organizing human activity of hedging and being a series of rules which could be carried out as a mental process. See MPEP 2106.05(f). Specifically this is no more than a way of displaying and presenting information to a player regarding a randomly determined outcome for providing a financial award if a player wins as found in the well-known area of slot game nor does the additional steps add more than the steps of determining the results a player following rules for the game. As per the mental process examiner recognizes that the claims are directed to rules for determining an outcome including steps such as presenting outcomes and determining when to activate additional game features. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because claims remain a wagering game with the focus on providing a given outcome based on displayed symbols following game rules. The claims do not provide a practical application beyond determining result for hedging based on displayed symbols or performing a mental step based on a displayed outcome.
As per step 2B examiner recognizes that additional elements are directed to conventional activities or extra solution activity. See below.
Limitation “a cabinet; a display device mounted to the cabinet and including graphical user interface (GUI) display screen displaying computer-generated images thereon; and a control unit operably coupled to the display device, the control unit including: a random number generator; a memory device storing a unisymbol reel strip data file including computer-executable instructions for generating a plurality of unisymbol reel strips, each unisymbol reel strip includes sequential symbol position logic cells including indicators for rendering a corresponding independent unisymbol reel with a number of symbol positions configured to be populated by a plurality of game symbols including a plurality of primary game symbols displaying picture symbols and credit prize symbols displaying credit values, at least one unisymbol reel strip includes a different number of symbol positions; and one or more processors programmed to execute an algorithm to display an animated sequence of computer-generated images on the display device GUI including the steps of: displaying a game screen on the display device GUI including a plurality of cells arranged in a grid including a plurality of rows and columns and a plurality of primary game reels displayed within the grid, each primary game reel being displayed in a corresponding column; and conducting an instance of a game by: spinning and stopping the plurality of primary game reels to display a game outcome;” and other animation and hardware elements. 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 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 convention 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 reels or static images to communicate an outcome and award due as well as the state of the game. Ballone (US Pub. No. 2018/0025590 A1) teaches a gaming system wherein the feature of digital reel strips stored in memory are conventional to the art wherein the reel may include one or more symbol positions where one or more symbols may be located and an outcome generally includes the stopping point of one or more reels (paragraph [0007]). Therefore these limitations do not provide a practical application. Specifically the act of storing reel information in memory which includes a set number of symbol positions is conventional to the art. The specific symbols used are directed towards themes of a game and therefore both game rules above regarding how a symbol functions and extra solution activity regarding the particular design which does not overcome step 2B. 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. The act of animating outcomes or results in a game is drawn towards conventional activities with the actual animation used being extra solution activity and in this case does not represent a practical application or a non-conventional machine but instead directed towards visual designs on how the game is played. Specifically the elements recited appear to run on a conventional gaming machine and appear to be solely directed towards a theme of a game using the game’s rules without an improvement to the technology beyond those known related to gaming such as entertainment which has not been found to overcome step 2A or 2B. The reasoning additionally applies to amended language which continues to recite animation steps which are both conventional in nature, see outputting of data in a electronic game, and extra solution activity such as the theme of the images or animation used.
Response to Arguments
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive. Applicant argues against the previous 101 rejection based on amended language regarding animation and the reels used examiner does not find the particular display steps to be a technical improvement. Instead the display steps, or animations, are related to themes for a game and involves outputting a state of a game which is a conventional feature. The specific animation used is a theme and reads on extra solution activity. Applicant should indicate an improvement in the function of the gaming machine such as how memory or processor is used so as to improve the function as an example. The inclusion of computer steps additionally does not overcome the step 2A rejection if the steps are conventional or extra solution activity. In this case animating reels to present information is a conventional feature in the art. The use of modified multiplier values that are displayed as claimed is a theme and a particular themes do not overcome a 101 rejection under step 2B. As per example 37 a specific practical application is provided which is lacking in the current invention. Playing a new game or game theme is not a practical improvement. A practical improvement often involves the function of the machine such as reducing computer resources used. Therefore currently examiner maintains the previous 101 rejection.
As per arguments regarding new and 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
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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.
/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 1/9/2026