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 Arguments
This office action is in response to amendments filed on 12/03/2025.
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 1-6, 8-13, and 15-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to organizing human activity in the form of fundamental economic activities directed to hedging (wagering games are recognized as a form of hedging) and a mental step without significantly more. As per step 1 examiner recognizes the claims include sufficient recitation of machine elements. As per step 2A the claim(s) recite(s) “method of operating a gaming machine, the gaming machine including a gaming cabinet and game-logic circuitry secured within a locked box inside the gaming cabinet, the game-logic circuitry including memory storing programming for a random number generator that cycles continuously in the background between games and during game play at a speed that cannot be timed by the player and a wagering game, the method comprising the operations of: prior to executing the wagering game, executing an authentication program on the gaming machine to authenticate the programming: conducting, by the game-logic circuitry operating in an authenticated state, a game including: displaying, on an electronic display device, a tier indicator, a transformation indicator, a plurality of reels and an array, the plurality of reels bearing a plurality of symbols, the plurality of symbols including first symbols, second symbols, third symbols, and catalyst symbols: receiving, via at least one of one or more electronic input devices, an input indicative of a selected tier of the plurality of tiers, the plurality of tiers including a first tier, a second tier, and a third tier, the first tier being associated with the first symbols, the second tier being associated with the first symbols and the second symbols, the third tier being associated with the first symbols, the second symbols, and the third symbols; animating, on the electronic display device, the tier indicator and the transformation indicator based on the selected tier: transforming, by the game-logic circuitry operating in the authenticated state, one or more of the symbols in the plurality of symbols based on the selected tier, wherein, in response to the selected tier being the first tier, animating the transforming of the first symbols into value-bearing symbols; wherein, in response to the selected tier being the second tier, animating the transforming of the first symbols and the second symbols into value-bearing symbols; and wherein, in response to the selected tier being the third tier, animating the transforming of the first symbols and the second symbols into value-bearing symbols and animating the transforming of the third symbols into the catalyst symbols; spinning and stopping the plurality of reels to land symbols from the plurality of symbols in the array according to one or more outputs of the continuously cycling random number generator, the transforming operation occurring before the reels are stopped; transforming, by the game-logic circuitry operating in the authenticated state, a determination of the landed symbols into a first defined set of display control signals configured for the electronic display device; and transmitting the first defined set of display control signals to the electronic display device to cause the electronic display device to render the landed symbols.” which discloses an invention regarding a wagering game comprising a plurality of wagering tiers associated with individual symbols which includes a transformation component of the symbols based on the wagering tiers such as example third tier having the first symbols and the second symbols transformed into value-bearing symbols. Further dependent claims include additional rules regarding symbols display or transformation, components of the machine, and where symbols will appear. As per the organizing human activity in the form of hedging see language regarding wagering which reads on a wagering game comprising financial value which is a recognized form of hedging. Additionally examiner notes that applicant has not removed “value-bearing symbols” and while awarding and wagering language is removed examiner recognizes that awarding language still remains with the “value-bearing symbol” as per paragraph [0035] of applicant’s disclosure. See “Each value-bearing symbol V is associated with a credit or currency value indicated on the symbol itself.” which is awarded per paragraph [0008] “In response to the landed symbols including a catalyst symbol, a payout is awarded based upon values on any value-bearing symbols among the landed symbols.”. Therefore examiner concludes that as defined by the disclosure that value-bearing symbols still read on the awarding of a financial value even with awarding language removed from the claims. Clarification is requested if value-bearing symbols is limited to embodiments wherein the symbol is not associated with a monetary value which is awarded. As per the mental steps see the steps “in response to” and “based on” regarding rules applied based on symbols appearing the game. This is the mental step of observing a state of a game and applying a corresponding rule which is a step that can be done mentally. For example determining what animation to provide, when to transform, or what tier to activate based on a user selection are all steps that can be done mentally regarding directing the step. Specifically the mental in response to step is separate from the display and animating steps addressed below. This includes the changing of the wagering step to a input step since this step now reads on the player action of making a choice in a game which is a mental action that a person playing a game can perform and which is regularly performed while playing a game. Specifically choosing an action to carry out in a game. The action of the game rules being applied based on this selection is a further mental process wherein rules are applied based on the observation of the state of the game including the state of which input a player makes. This judicial exception is not integrated into a practical application because a wagering game which is a form of hedging and a mental process in the form of game rules. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because determining result for hedging based on random determination or performing a mental step based on a displayed outcome. Specifically observing the state of the game and applying a rule accordingly remains a mental step and no recited steps beyond conventional feature or extra solution activity are recited that cannot be performed in the mind. Specifically following rules can be performed in the mind. Additional elements are addressed below regarding the display and hardware portions.
As per step 2B examiner recognizes that additional elements are directed to conventional activities or extra solution activity. See below.
Limitation “the gaming machine including a gaming cabinet and game-logic circuitry secured within a locked box inside the gaming cabinet, the game-logic circuitry including memory storing programming for a random number generator that cycles continuously in the background between games and during game play at a speed that cannot be timed by the player and a wagering game, the method comprising the operations of: prior to executing the wagering game, executing an authentication program on the gaming machine to authenticate the programming: conducting, by the game-logic circuitry operating in an authenticated state, a game including: displaying, on an electronic display device, a tier indicator, a transformation indicator, a plurality of reels and an array, the plurality of reels bearing a plurality of symbols, the plurality of symbols including first symbols, second symbols, third symbols, and catalyst symbols”, and other associated hardware and computer steps. 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 spinning of a wager determining device (which would include reels or wheels) 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 regarding an outcome 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. This would include display or animation steps regarding changing wagering tiers or symbols displayed since these are display steps related to the outcome or communicating the state of the game. As per the continuous cycling random number generator examiner finds that the particular random number generator used is extra solution activity since the invention is directed towards a play of a game and not how a random number is generated. Even with this examiner points to "RNGs – What Are They, and Are They Random?" by Buddy Frank at page 3 “One gaming software engineer used the analogy that many of the early slot machine PRNGs were like a giant loop of random numbers that is constantly rotating. Once the spin or play button is hit, the computer program does a few quick housekeeping chores, like determining the credits played and the paytable, then stops on the number that happens to be looping by at that precise instant.” which shows the conventional feature of looping random numbers with the current random number selected at the time of determination to produce an outcome. See Peek (US Pub. No. 2009/0203430 A1) regarding a lock box which contains the CPU and memory elements "As is generally known, a "brain box" is typically a sheet metal enclosure within the gaming machine that is adapted to house a number of critical components, such as the MGC or CPU, as well as various memory devices, such as some RAM, NVRAM, the hard drive, and other such components. This brain box can come with a lock, and may be removable from the gaming machine as an entire unit in some cases." paragraph [0052]. Therefore the inclusion of the lock box is conventional in nature and extra solution activity since the invention is directed towards the game and not the structure of the gaming machine. The use of a lock box for the CPU elements has no effect on the inventive concept and does not modify the claimed steps. Takeda (US Pat. No. 6,190,257) the use of authentication programs before the start of an electronic game to confirm the game's authenticity are known including several techniques for performing the task (col. 30, lines 42-60). Therefore the inclusion of authentication software goes towards known conventional features in the art and are is also extra solution activity since the invention is directed towards the game and not the means to authenticate the game. Specifically the game steps are not modified based on how the game is authenticated. Therefore the hardware and animation features do not provide a practical application.
Response to Arguments
Applicant's arguments filed 12/03/2025 have been fully considered but they are not persuasive. Applicant argues that amended claim language overcomes the previous 101 rejection. As per hedging see above wherein applicant has included that the game in question is a wagering game which applicant’s disclosure (see cited portions related to value-bearing symbols) includes having a financial reward. Examiner recognizes that paragraph [0035] indicates value-bearing symbols has a credit or currency value. Regarding currency this would read on a financial value. Regarding credit examiner looks to paragraph [0022] which indicates a credit is associated with monetary value and is created by adding monetary value to the machine. As per applicant’s arguments they are generally directed towards paragraph [0017] which indicates the game may have a non-monetary value wagered and awarded but which is not directed towards the value-bearing symbols. Therefore it is not supported by the citation of the value symbol being directed solely to non-monetary value and therefore the hedging component remains. Examiner recommends applicant remove wagering language and specifically indicate that only the embodiment with no monetary value is intended. For example awarding non-monetary value.
As per the mental step applicant argues that a specific technology improvement is presented which makes the game more engaging or novel for a player. Applicant argues that the claims are specifically tied to a machine process, including means to secure the machine, and therefore are not a mental process since the steps involve displaying information or methods of securing the game using a display device or device structure such as via animation, locked boxes, authentication programs, and processing/memory resources. Examiner notes that this is addressed in step 2B wherein an exception is not overcome if the exception is performed via conventional hardware means or is directed towards extra solution activity. In this case the displaying of game data via a display is a conventional activity found in the wagering game art, see cited references above, and therefore the performing of the mental process on a display does not overcome the 101 rejection and provide a practical application. As per the features regarding the cycling random number generator see above wherein it is indicated in step 2B that the feature is extra solution activity since the particular random number generator used is not tied to the invention beyond extra solution activity (the game operates the same using any means of random determination) and that the specific feature is conventional to the art as per the newly cited reference. Therefore this feature does not overcome the mental process in step 2B. As per the security features see newly cited art to show these are conventional to the art including brain boxes and the use of authentication programs. Additionally examiner notes that these features are extra solution activity and do not go towards the function of the invention since the invention is directed towards game rules regarding the tiers. Since applicant’s arguments against the mental process relies upon the implementation of the process on a particular machine and that machine does not overcome step 2B the rejection is maintained. Specifically a mental process cannot be overcome by showing that steps are carried out by a machine if the machine is conventional and the process, outside the machine elements, can be performed in the mind. Determining steps to carryout in a game are mental processes which involve following rules based on an observed state. Displaying information on a display is addressed in step 2B and the cited features of applicant’s claims do not overcome step 2B.
Applicant further argues that the hardware features are non-conventional due to the nature of the steps carried out being novel. Regarding the steps these are addressed in step 2A. Regarding carrying out those steps in step 2B examiner notes that unique game rules are not enough to overcome the conventional feature of the rejection if the hardware functions to implement the rules in a conventional manner. The use of rng to determine a random number is conventional to the wagering game art, see above, and therefore the use of this feature in a game is conventional in nature. The use of displays to present a game is conventional. Therefore implementing the game via hardware, even if the game is arguably novel, does not overcome the 101 rejection. A novel mental step, over the prior art, is not enough to overcome a 101 rejection is the hardware is used in a conventional manner such as the cited examples of conventional gaming machines. As per the animation it has been found that animations in gaming are conventional. The specific theme, such as tiers, is extra solution activity since this is directed to how an animation is designed and not a use of unconventional hardware steps to implement the feature. For example showing a different animated feature on a television set would have the television animate the feature is a different manner but the television would still act in a normal conventional manner since it is designed to show different content. Therefore step 2B is not overcome since applicant’s arguments are towards the mental step rules being implemented by hardware and not the hardware itself.
Regarding the practical application arguments for a novel game “[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.
Applicant makes additional practical improvement arguments. Regarding security this improvement is directed towards extra solution elements and additionally an improvement that is conventional in nature using conventional elements. Therefore this does not overcome step 2A. Regarding the animation improving functions of the machine via transformation states examiner request clarification if applicant is arguing reduced computer resources. It is unclear at the moment how showing the tiers improves function of the machine. Examiner recommends applicant expand on how the invention improves these functions since merely indicating it improves these functions makes the practical improvement argument unclear. Regarding security see above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM.
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/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 3/25/2026
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