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 3, 9, 12, and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Specifically, the claims are directed to the fundamental economic practice of rules for a wagering game. Claim 3, 12, and 20 recite “modifying the bonus credit meter by increasing the bonus game credit amount by the credit amount being displayed on the bonus coin image and credit amounts being displayed on each bonus symbol” and Claim 9 recites “awarding additional free spins upon detecting another bonus symbol appearing on the virtual independent reels of the bonus independent reel.” A review of applicant’s specification suggests the bonus credit amount, and awarded free spins represent rules for a wagering game which provides awards of credits to the player. For example see applicant’s specification Par. 27 which teaches bet on game outcomes and Par. 105 which teaches “upon completion of the primary game 68 and/or the bonus reel game 69, the processor 38 determines and provides any award associated with the outcome of the primary game 68 and/or the bonus feature event. For example, the processor 38 may determine whether any winning combination of symbols is displayed in the outcome of the instance of the primary game 68 and/or the bonus reel game 69 and provide an award by increasing a balance of the credit meter based on the amount of the award.” Which teaches providing the player with credit awards based on bonus feature event outcomes. As such, in the examiner’s opinion these limitations recite “rules for a wagering game.” Further, although the Independent claims teach various “rendering,” “display” and “animating” steps these steps appear to be reciting display of abstract steps in the rules for the wagering game, these steps appear to be claimed in such a manner and at such a high level that the “animating” is simply using a computer as a tool to display the abstract wagering game rules and game outcomes. A review of applicant’s specification does not suggest any improvement to the functioning of the computer or technology implemented by the particular animations. Rather than appear to simply be display of wagering game rules in a manner that is attractive or enjoyable for players as discussed in Par. 2 of applicant’s specification. Similarly recitation of a cabinet, control unit, display device, processor and computer readable medium are merely instructions to implement the abstract idea on a computer. As such these claims fail to integrate the abstract idea into a practical application.
This judicial exception is not integrated into a practical application because recitation of a cabinet, control unit, display device, processor and computer readable medium are all well-understood and conventional computer functionality. And further display and animation of symbols on reels following wagering game rules in a video slot machine is well-understood, routine, and conventional in the gaming arts. See Cire et al., US 2018/0182209, Par. 35 and Yoshizawa, US 2008/0311975, Par. 6 and Johnson et al., US 2014/0045587, Par. 65 which teaches it its conventional to have a video slot machine with a display whereby game outcomes on the reels are presented and modified via various animations and triggered games. As such, even when considered with the claims as a whole, these elements fail to add significant more than the 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 1-3, 5-12, and 14-20 rejected under 35 U.S.C. 103 as being unpatentable over Pacey, US 2005/0159208, in view of Suda et al., US 2019/0295377, and Bennett et al., US 2019/0304257.
In Reference to Claims 1, 10, and 18
Pacey teaches a method, a non-transitory computer readable medium having computer-executable instructions embodied thereon to operate a gaming machine (Fig. 2 and Par. 28), and a gaming machine, comprising a cabinet (Fig. 1) and a display device mounted to the cabinet (Fig. 1-2 and Par. 27); and a control unit operably coupled to the display device, the control unit including a processor programmed to execute an algorithm to render an animated sequence of computer-generated
images on the display device (Fig. 1-2 and Pa. 27-29) including the steps of rendering a bonus game screen on the display device including a reel display area including a plurality of virtual reels displayed within a reel window including a plurality of cells arranged in a plurality of rows and columns, the reel window being displayed in an initial reel window state having a window height defined along the plurality of rows and an initial window width defined along the plurality of columns (Fig. 14 and Par. 32, and 58 which teach a “three by five base array” of reels), and initiating an instance of a computer-animated bonus reel game by animating a plurality of bonus symbols to appear in corresponding cells of the reel window displayed in the initial reel window state (Fig. 14 and Par. 58 “start bonus outcome” and “start bonus reels symbol”); transforming the reel window from the initial reel window state to a modified reel window state by animating the reel window to reduce a width of the reel window from the initial window width to a final window width that is less than the initial window width to define a bonus reel region between the transformed reel window and an outer edge of the reel display area (Fig. 14-16 and Par. 7, 48, 55-60 which teaches that the reels of the display are resized and transformed to form a three by six grid of smaller cells where a “bonus reel 35” with special bonus symbols forms a sixth column between the edge of the display and the fifth column); animating a bonus independent reel window displaying a bonus independent reel to appear in the bonus reel region defined between the transformed reel window and the outer edge of the reel display area (Fig. 14-16 and Par. 7, 48, 55-60); and animating the bonus independent reel to spin the bonus independent reel with the plurality of bonus symbols held in place (Fig. 15 and Par. 59), and stop the virtual independent reels and the bonus independent reel to display a bonus game outcome (Fig. 16 and Par. 60).
However, Pacey does not teach where the virtual reels are virtual independent reels, each virtual independent reel being displayed in a corresponding cell, or animating the virtual independent reels to spin and stop the virtual independent reels in the bonus spin with the plurality of bonus symbols held in place.
Suda et al. teaches that in a gaming machine a slot machine game where the virtual reels are virtual independent reels, each virtual independent reel being displayed in a corresponding cell (Par. 65 which teaches that for a gaming machine includes a reel strip for each column of the reels the machine could alternatively be made to use independent virtual reels that spin independently in each cell of the reel display area).
It would be desirable to modify the system, method and medium of Pacey to include independent reel strips as taught by Suda et al. in order to provide the game designer with greater control and flexibility of the precise game outcomes display thanks to the reels of each cell in the matric of reels not sharing a single reel strip with the rest of their column and thus being bound by the spatial relationships of the symbols on that shared strip.
Bennett et al. teaches animating the virtual independent reels to spin and stop the virtual independent reels in the bonus spin with the plurality of bonus symbols held in place (Fig. 5A-3F, 7 and Par. 40-46 which teaches a bonus game where upon the triggering of the bonus, the triggering bonus symbols are held for a number of subsequent free spins of the bonus game until no more bonus trigger symbols are generated).
It would be desirable to modify the system, method, and medium of Pacey to include free spins and hold bonus symbols to the bonus game as taught by Bennett et al. in order to increase the enjoyment of the player by extending the exciting bonus experience of Pacey with the bonus reel over a plurality of free spins determined by the held bonus symbols and to make the whole bonus experience and modification of the display to add a spinning bonus reel feel more like shifting the game into an exciting new mode rather than simply as a more fleeting modifier to a particular roll.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the system, method and medium of Pacey to include independent reel strips as taught by Suda et al. to modify the system, method, and medium of Pacey to include free spins and hold bonus symbols to the bonus game as taught by Bennett et al.
In Reference to Claims 2, 11, and 19
Pacey as modified by Suda et al. and Bennett et al. teach a bonus independent reel as taught above in reference to Claims, 1, 11, and 19 including animating the reel to spin about an axis and stop to display a game outcome (Fig. 15-16 and Par. 58-60). Pacey does note explicitly teach where the display of the bonus independent reel is as a bonus coin image which rotates about a pivot axis.
However, the aesthetic appearance of the bonus reel animation amounts only to nonfunctional descriptive material as claimed and are not functionally involved in the steps recited. The displaying and animated steps would be performed the same regardless of whether the bonus reel is shown as a standard slot machine reel rotating about an axis to show a symbol, or a coin image animated to rotate about a pivot axis to show a symbol. Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
In Reference to Claims 3, 12, and 20
Pacey teaches animating the bonus reel to rotate and stop to display a credit amount (Fig. 16 and Par. 60 “50 credit bonus”). Further, “coin image” is non-functional descriptive material as described above. However, Pacey does not teach rendering a bonus credit meter displaying a bonus game credit amount above the reel display area; and modifying the bonus credit meter by increasing the bonus game credit amount by the credit amount being displayed on the bonus reel image and credit amounts being displayed on each bonus symbol.
Suda et al. teaches rendering a bonus credit meter displaying a bonus game credit amount above the reel display area (Fig. 16A and Par. 81 “bonus credit meter 136”); and modifying the bonus credit meter by increasing the bonus game credit amount by the credit amount being displayed on the bonus reel image and credit amounts being displayed on each bonus symbol (Par. 33 and Par. 148).
It would be desirable to modify the system, method and medium of Pacey, Suda et al., and Bennett et al. to include a bonus credit meter which add credit values generated in to bonus game including bonus credit values shown on generated bonus game symbols as taught by Suda et al. in order to increase the enjoyment of the user by allowing them to keep track of the total number of credits that have been generated so far in an instant of the bonus feature game, and to enjoy excitement and a feeling of reward from generated bonus symbols thanks to the symbols adding an immediate instant extra credit bonus to the bonus game.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to include a bonus credit meter which add credit values generated in to bonus game including bonus credit values shown on generated bonus game symbols as taught by Suda et al.
In Reference to Claim 5 and 14
Pacey teaches rendering the reel window in the initial reel window state displaying each column having an initial column width; and transforming the reel window from the initial reel window state to the modified reel window state by animating each column to reduce a corresponding column width from the initial column width to a final column width that is less than the initial column width (Fig. 14-16 and Par. 7, 48 and 58-60).
In Reference to Claim 6 and 15
Pacey teaches animating the bonus symbols to move closer together as the reel window is animated to the modified reel window state (Par. 48 which teaches that instead of resizing the reels they may be “overlaid, i.e. fanned” to allow more display space for the bonus reel).
In Reference to Claim 7 and 16
Pacey teaches displaying each bonus symbol with a constant width as the reel window is transformed from the initial reel window state to the modified reel window state (Par. 48 “overlaid, i.e. fanned”).
In Reference to Claims 8 and 17
Pacey teaches displaying at least one bonus symbol including a coin image overlayed with a credit amount (Fig. 16 and Par. 60 “50 Credit Bonus”).
Further, the aesthetic appearance of the bonus reel cell, e.g. “coin image,” amounts only to nonfunctional descriptive material as claimed and are not functionally involved in the steps recited. The displaying step would be performed the same regardless of what visual appearance the symbol with the overlaid credit amount happen to depict. Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
In Reference to Claim 9
Pacey as modified by Suda et al. and Bennett et al. teaches animating the virtual independent reels and the bonus independent reels to spin and stop with the bonus symbols held in place (See above with reference to Claim 1); and awarding additional free spins upon detecting another bonus symbol appearing on the virtual independent reels or the bonus independent reel (Bennett et al. Fig. 7 and “Is a Trigger Combination Displayed” and “Increment the number of free games remaining by 10” and Pacey Fig. 14 and Par. 59 which teaches display of a bonus symbol as a “start bonus” trigger).
Claims 4, 13, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Pacey, US 2005/0159208, in view of Suda et al., US 2019/0295377, Bennett et al., US 2019/0304257, further in view of Wiryadi, US 2010/0331072.
In Reference to Claims 4, 13, and 21
Pacey teaches animating the bonus independent reel window to appear in the bonus reel region from the outer edge of the reel display area as the reel window is transformed from the initial reel window state to the modified reel window state (Fig. 14-15 and Par. 7 and 48 which teaches reducing the size of the reels and displaying an extra reel at the outer edge of the reel display area). However, Pacey dos not explicitly teach where the appearance of the bonus reel is by sliding into the bonus reel region from the outer edge of the reel display area.
Wiryadi teaches where an extra reel is added to the display of a gaming machine by sliding into the bonus reel region from the outer edge of the reel display area (Par. 46 and Fig. 2-4 which teaches the additional real appearing to slide out from the edge of the rightmost reel).
It would be desirable to modify the system, method, and medium of Pacey, Suda et al., and Bennett et al. to include animating sliding out the reel in order to add the bonus reel, as taught by Wiryadi, to the game of Pacey in a why the added to the sense of drama and excitement for the bonus game be drawing the players attention to the modification of the reels on the game screen in an intuitive and understandable way.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the system, method, and medium of Pacey, Suda et al., and Bennett et al. to include animating sliding out the reel in order to add the bonus reel, as taught by Wiryadi.
Further, the aesthetic appearance of the animation to add the bonus reel animation amounts only to nonfunctional descriptive material as claimed and are not functionally involved in the steps recited. The displaying and animated steps would be performed the same regardless of whether the bonus reel is shown being animated to appear in the spot after reducing the other reels in size or sliding the reel in from the outer edge. Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/CARL V LARSEN/Examiner, Art Unit 3715