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 11/20/2025.
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, 4-11, and 13-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to mental steps without significantly more. As per step 2A examiner recognizes the claims are directed towards gaming system which includes hardware for carrying out the claimed game. As per step 2A the claim(s) recite(s) “a symbol accumulation sequence comprising a plurality of plays of a game, cause the processor to: communicate data that results in a display, by a display device, of a plurality of reel sets, wherein the plurality of reel sets comprises a first reel set in an active state, and a second reel set in an inactive state, the first reel set being associated with a first set of available awards and the second reel set being associated with a different, second set of available awards, the first set of available awards comprising awards of a first type and the seconds et of available awards comprising awards of a different, second type, responsive to an occurrence of a first reel set activation event in association with the second reel set, modify the second reel set from being in the inactive state to being in the active state, and responsive to an occurrence of a symbol accumulation sequence award determination event: determine a total award, the determination being based on any awards from any of the sets of available awards associated with any symbols accumulated, over the plurality of plays of the game, at any symbol display positions associated with any of the plurality of reel sets in the active state when the symbol accumulation sequence award determination event occurs, and communicate data that results in a display, by the display device, of the determined total award.” which reads on rules for a slot game comprising a plurality of reel sets wherein a first reel set is active and the other reel sets are inactive until a reel activation event occurs related to a symbol accumulation event wherein an award is determined via the active reel sets. Amended language is directed towards further rules comprising having different types of awards for the first set and the second set of awards. Further dependent claims include clarifying how symbols are accumulated, when activation occurs, and how rewarding an award occurs. As per the mental step examiner recognizes highlighted language reads on the mental step of observation and applying of a rule. Specifically an individual can observe a displayed outcome of symbols and apply a known rule to determine the next step. This would include an individual counting the number of symbols accumulated over a series of plays of the game and knowing, based on the rules, that a reel set should be active or inactive based on the number. The act of determining what rule to apply and what next step to apply in a game is a function that can be performed mentally and is known to have been caried out prior to game. In this case the identified steps read on the features of observation and determination which are known mental steps. This judicial exception is not integrated into a practical application because mental steps 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 the claims remain directed towards a series of game rules which can be performed mentally based on observing the state of a game. This include observing the outcome of symbols presented and applying a rule according to the outcome which an individual can perform mentally. Additionally mechanical and electronic features go towards step 2B and are addressed below.
As per step 2B examiner recognizes that additional elements are directed to conventional activities or extra solution activity. See below.
Limitation “gaming system comprising: a processor; and a memory device that stores a plurality of instructions that, when executed by the processor in association with a symbol accumulation sequence comprising a plurality of plays of a game, cause the processor to: communicate data that results in a display, by a display device, of a plurality of reel sets” and other associated hardware. 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 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. 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 communicating awards and communicating which reels are active or inactive for a particular game since the displaying of this step is extra solution activity and directed to the outputting of data to inform a player which is conventional to the art. Therefore the hardware and animation features do not provide a practical application.
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.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Penacho et al. (US Pub. No. 2023/0033113 A1 hereinafter referred to as Penacho).
As per claim 18, Penacho teaches a gaming system (abstract and Fig. 1) comprising: a processor (Fig. 2A, item 204); and a memory device (Fig. 2A, item 208) that stores a plurality of instructions (Fig. 2A, item 206) that, when executed by the processor in association with a symbol accumulation sequence (Fig. 4, item 408 and Fig. 5, items 504 and 506 see for example collecting stars) comprising a plurality of plays of a game (Fig. 4, items 412 and 426 and paragraph [0086] multiple game instances such as additional spins), cause the processor to: communicate data that results in a display, by a display device, of a plurality of reel sets (Figs. 5-7), wherein: each reel set is associated with a set of available awards and comprises a plurality of symbol display positions (Figs. 6-7 and paragraphs [0085], [0088], and [0095] pay evaluation is carried out for unlocked levels based on symbols present and therefore awards are presented for displayed second set of reels), and when the symbol accumulation sequence is triggered, each reel set is one of an active reel set (Fig. 5, item 502 and paragraph [0087] see unlocked first set of reels) and an inactive reel set (Fig. 5, items 504 and 506 see second and third set of locked reels), communicate data that results in a display, by the display device, of an accumulation of symbols, over the plurality of plays of the game, at a quantity of the symbol display positions associated with any of the active reel sets and any of the inactive reel sets, responsive to an occurrence of a reel set activation event in association with any of the inactive reel sets, activate that reel set, wherein the reel set activation event occurs based on the accumulation of symbols at symbol display positions associated with any active reel sets (Figs. 4-6, items 408, 410, and 504 and paragraphs [0083]-[0084] special symbols, such as presented star symbols, are accumulated until meeting a requirement such as displayed 6 stars in Fig. 5), and responsive to an occurrence of a symbol accumulation sequence (paragraphs [0048]-[0049] reads as the symbol accumulation sequence being the number of instances of games until a symbol accumulation event occurs that unlocks a reel set) award determination event (Figs. 4-6, items 410 and 504 reel set unlocked): determine a total award, wherein the total award is based on any awards from any of the sets of available awards associated with any symbols accumulated at any of the symbol display positions associated with any of the active reel sets and is independent of any awards from any of the sets of available awards associated with any symbols accumulated at any of the symbol display positions associated with any of the inactive reel sets (Figs. 6-7 and paragraphs [0085], [0088], and [0095] pay evaluation is carried out for unlocked levels based on symbols present and therefore awards are presented for displayed second set of reels), and communicate data that results in a display, by the display device, of the determined total award (paragraphs [0002] and [0031] awarded game credits are displayed on the credit meter and an awarded credit meter is included).
As per claim 19, Penacho teaches a gaming system wherein different inactive reel sets are associated with different reel set activation events associated with different quantities of symbols accumulated at symbol display positions associated with any active reel sets (Figs. 5-7 for example Fig. 5 has the second set at 6 and third at 14).
As per claim 20, Penacho teaches a gaming system wherein an occurrence of a first reel set activation event associated with a first inactive reel set causes both an activation of the first reel set and, based on the accumulation of symbols at the symbol display positions associated with the activated first reel set, an occurrence of a second reel set activation event associated with a second inactive reel set (Figs. 5-7 activation is based on total accumulated symbols which would include the event where enough is accumulated for both the second and third at the same time).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5-9, 11, 13-14, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penacho et al. (US Pub. No. 2023/0033113 A1 hereinafter referred to as Penacho) in view of Falciglia, Sr. (US Pub. No. 2011/0151957 A1 hereinafter referred to as Falciglia).
As per claim 1, Penacho teaches a gaming system (abstract and Fig. 1) comprising: a processor (Fig. 2A, item 204); and a memory device (Fig. 2A, item 208) that stores a plurality of instructions (Fig. 2A, item 206) that, when executed by the processor in association with a symbol accumulation sequence (Fig. 4, item 408 and Fig. 5, items 504 and 506 see for example collecting stars) comprising a plurality of plays of a game (Fig. 4, items 412 and 426 and paragraph [0086] multiple game instances such as additional spins), cause the processor to: communicate data that results in a display, by a display device, of a plurality of reel sets, wherein the plurality of reel sets comprises a first reel set in an active state (Fig. 5, item 502 and paragraph [0087] see unlocked first set of reels), and a second reel set in an inactive state (Fig. 5, items 504 and 506 see second and third set of locked reels), the first reel set being associated with a first set of available awards (Fig. 4, item 406, Fig. 5, and paragraphs [0080] and [0083] a pay evaluation is carried out to determine awards for first reel set) and the second reel set being associated with a second set of available awards (Figs. 6-7 and paragraphs [0085], [0088], and [0095] pay evaluation is carried out for unlocked levels based on symbols present and therefore awards are presented for displayed second set of reels), responsive to an occurrence of a first reel set activation (paragraph [0049] of applicant’s disclosure lists an accumulation of symbols as triggering an activation event) event in association with the second reel set (Figs. 4-6, items 408, 410, and 504 and paragraphs [0083]-[0084] special symbols, such as presented star symbols, are accumulated until meeting a requirement such as displayed 6 stars in Fig. 5), modify the second reel set from being in the inactive state to being in the active state (Figs. 4-6, items 410 and 504 and paragraph [0089] second set of reels is unlocked), and responsive to an occurrence of a symbol accumulation sequence (paragraphs [0048]-[0049] reads as the symbol accumulation sequence being the number of instances of games until a symbol accumulation event occurs that unlocks a reel set) award determination event (Figs. 4-6, items 410 and 504 reel set unlocked): determine a total award, the determination being based on any awards from any of the sets of available awards associated with any symbols accumulated, over the plurality of plays of the game, at any symbol display positions associated with any of the plurality of reel sets in the active state when the symbol accumulation sequence award determination event occurs, and communicate data that results in a display, by the display device, of the determined total award (Figs. 6-7 and paragraphs [0085], [0088], and [0095] pay evaluation is carried out for unlocked levels based on symbols present and therefore awards are presented for displayed second set of reels). Penacho does not specifically teach the first reel set being associated with a first set of available awards and the second reel set being associated with a different, second set of available. However, Falciglia teaches a gaming system (abstract) comprising unlocked and locked symbol positions wherein the positions in a set are associated with different awards (Figs. 2A-2F and paragraphs [0051]-[0052] and [0054]-[0056] as a row becomes activated a potential different award range is provided such as 5-20 credits for row 1 and 15-30 for row 2) with additional embodiments wherein prizes can include other types of values such as goods, points, or other values (paragraph [0033]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Penacho with Falciglia, since Penacho is modifiable to include different possible awards for an unlocked reel set level since by offering different awards, such as higher potential awards as shown in Falciglia, the player perceives they are able to earn more as the game progresses and new levels are unlocked versus the base level and therefore further player is encouraged in order to unlock those levels. Additionally this further distinguish one level set of rows from another and therefore makes higher levels ones being unlocked more interesting for a player. Further by offering different possible awards for an unlocked reel set level, such as different types as discussed at paragraph [0033] in Falciglia, the player perceives they are able to earn more as the game progresses and new levels are unlocked versus the base level and therefore further player is encouraged in order to unlock those levels. The use of different types of awards is recognized as a way to distinguish one level from another and to offer an incentive to keep playing beyond merely monetary. For example it is well-known to have a jackpot such as a car versus the normal monetary value offered in wagering games in order to provide an incentive to play.
As per claim 5, Penacho teaches a gaming system wherein the symbol accumulation sequence award determination event comprises a determination that no unplayed games remain associated with the symbol accumulation sequence (Fig. 4, items 412 and 414 no spins remaining ends the game).
As per claim 6, Penacho teaches a gaming system wherein the first reel set activation event comprises an accumulation of a first quantity of symbols at a first quantity of symbol display positions associated with the first reel set in the active state (Figs. 4-6, items 408, 410, and 504 and paragraphs [0083]-[0084] special symbols, such as presented star symbols, are accumulated until meeting a requirement such as displayed 6 stars in Fig. 5).
As per claim 7, Penacho teaches a gaming system wherein the first reel set activation event occurs independent of any accumulation of any quantity of symbols at any symbol display positions associated with the second reel set in the inactive state (Figs. 4-6 second set is inactive and therefore does not accumulate symbols).
As per claim 8, Penacho teaches a gaming system wherein the plurality of reel sets comprises a third reel set in the inactive state (Figs. 4-7), the third reel set being associated with a third set of available awards (Figs. 6-7 and paragraphs [0085], [0088], and [0095] pay evaluation is carried out for unlocked levels based on symbols present and therefore awards are presented for displayed second set of reels), and the memory device stores a plurality of further instructions that, when executed by the processor responsive to an occurrence of a second, different reel set activation event in association with the third reel set, cause the processor to modify the third reel set from being in the inactive state to being in the active state (Figs. 4-7, items 408, 410, and 504 and paragraphs [0083]-[0084] and [0091] special symbols, such as presented star symbols, are accumulated until meeting a requirement such as displayed 14 stars in Fig. 5 and 8 in Fig. 6). Penacho does not specifically teach the third reel set being associated with a different, third set of available awards the third, different set of available awards comprising awards of a different, third type. However, Falciglia teaches a gaming system (abstract) comprising unlocked and locked symbol positions wherein the positions in a set are associated with different awards (Figs. 2A-2F and paragraphs [0051]-[0052] and [0054]-[0056] as a row becomes activated a potential different award range is provided such as 5-20 credits for row 1 and 15-30 for row 2) with additional embodiments wherein prizes can include other types of values such as goods, points, or other values (paragraph [0033]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Penacho with Falciglia, since Penacho is modifiable to include different possible awards for an unlocked reel set level since by offering different awards, such as higher potential awards as shown in Falciglia, the player perceives they are able to earn more as the game progresses and new levels are unlocked versus the base level and therefore further player is encouraged in order to unlock those levels. Additionally this further distinguish one level set of rows from another and therefore makes higher levels ones being unlocked more interesting for a player. Further by offering different possible awards for an unlocked reel set level, such as different types as discussed at paragraph [0033] in Falciglia, the player perceives they are able to earn more as the game progresses and new levels are unlocked versus the base level and therefore further player is encouraged in order to unlock those levels. The use of different types of awards is recognized as a way to distinguish one level from another and to offer an incentive to keep playing beyond merely monetary. For example it is well-known to have a jackpot such as a car versus the normal monetary value offered in wagering games in order to provide an incentive to play.
As per claim 9, Penacho teaches a gaming system wherein the first reel set activation event comprises an accumulation of a first quantity of symbols at a first quantity of symbol display positions associated with the first reel set in the active state and the second, different reel set activation event comprises an accumulation of a second, greater quantity of symbols at a second quantity of symbol display positions associated with the first reel set in the active state and the second reel set in the active state (Figs. 4-7, items 408, 410, and 504 and paragraphs [0083]-[0084] and [0091] special symbols, such as presented star symbols, are accumulated until meeting a requirement such as displayed 14 stars in Fig. 5 and 8 in Fig. 6).
As per claim 11, Penacho teaches a gaming system (abstract and Fig. 1) comprising: a processor (Fig. 2A, item 204); and a memory device (Fig. 2A, item 208) that stores a plurality of instructions (Fig. 2A, item 206) that, when executed by the processor in association with a symbol accumulation sequence (Fig. 4, item 408 and Fig. 5, items 504 and 506 see for example collecting stars) comprising a plurality of plays of a game (Fig. 4, items 412 and 426 and paragraph [0086] multiple game instances such as additional spins), cause the processor to: responsive to less than a first quantity of symbols accumulated (Figs. 4-6, items 408, 410, and 504 and paragraphs [0083]-[0084] special symbols, such as presented star symbols, are accumulated until meeting a requirement such as displayed 6 stars in Fig. 5), over the plurality of plays of the game, at a plurality of symbol display positions associated with a first reel set associated with a first set of available awards and comprising a first plurality of displayed reels, determine a first total award comprising any awards of the first set of available awards associated with any symbols accumulated at any of the plurality of symbol display positions associated with the first reel set (Fig. 4, item 406, Fig. 5, and paragraphs [0080] and [0083] a pay evaluation is carried out to determine awards for first reel set), wherein the first total award is determined independent of any awards of any second set of available awards associated with any symbols accumulated at any of a plurality of symbol display positions associated with a different, second reel set associated with the second set of available awards (Figs. 6-7 and paragraphs [0085], [0088], and [0095] pay evaluation is carried out for unlocked levels based on symbols present and therefore awards are presented for displayed second set of reels) and comprising a second plurality of displayed reels (Figs. 6-7), responsive to at least the first quantity of symbols accumulated, over the plurality of plays of the game, at the plurality of symbol display positions associated with the first reel set (Figs. 4-6, items 408, 410, and 504 and paragraphs [0083]-[0084] special symbols, such as presented star symbols, are accumulated until meeting a requirement such as displayed 6 stars in Fig. 5), determine a second total award comprising any awards of the first set of available awards associated with any symbols accumulated at any of the plurality of symbol display positions associated with the first reel set and any awards of the second set of available awards associated with any symbols accumulated at any of the plurality of symbol display positions associated with the second reel set (Figs. 6-7 and paragraphs [0085], [0088], and [0095] pay evaluation is carried out for unlocked levels based on symbols present and therefore awards are presented for displayed second set of reels), and communicate data that results in a display, by a display device, of any determined total award (paragraphs [0002] and [0031] awarded game credits are displayed on the credit meter and an awarded credit meter is included). Penacho does not specifically teach the first reel set being associated with a first set of available awards and the second reel set being associated with a different, second set of available. However, Falciglia teaches a gaming system (abstract) comprising unlocked and locked symbol positions wherein the positions in a set are associated with different awards (Figs. 2A-2F and paragraphs [0051]-[0052] and [0054]-[0056] as a row becomes activated a potential different award range is provided such as 5-20 credits for row 1 and 15-30 for row 2) with additional embodiments wherein prizes can include other types of values such as goods, points, or other values (paragraph [0033]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Penacho with Falciglia, since Penacho is modifiable to include different possible awards for an unlocked reel set level since by offering different awards, such as higher potential awards as shown in Falciglia, the player perceives they are able to earn more as the game progresses and new levels are unlocked versus the base level and therefore further player is encouraged in order to unlock those levels. Additionally this further distinguish one level set of rows from another and therefore makes higher levels ones being unlocked more interesting for a player. Further by offering different possible awards for an unlocked reel set level, such as different types as discussed at paragraph [0033] in Falciglia, the player perceives they are able to earn more as the game progresses and new levels are unlocked versus the base level and therefore further player is encouraged in order to unlock those levels. The use of different types of awards is recognized as a way to distinguish one level from another and to offer an incentive to keep playing beyond merely monetary. For example it is well-known to have a jackpot such as a car versus the normal monetary value offered in wagering games in order to provide an incentive to play.
As per claim 13, Penacho does not teach a gaming system wherein the first set of available awards and the different, second set of available awards are associated with different average expected values. However, Falciglia teaches a gaming system (abstract) comprising unlocked and locked symbol positions wherein the positions in a set are associated with different awards (Figs. 2A-2F and paragraphs [0051]-[0052] and [0054]-[0056] as a row becomes activated a potential different award range is provided such as 5-20 credits for row 1 and 15-30 for row 2). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Penacho with Falciglia, since Penacho is modifiable to include different possible awards for an unlocked reel set level since by offering different awards, such as higher potential awards as shown in Falciglia, the player perceives they are able to earn more as the game progresses and new levels are unlocked versus the base level and therefore further player is encouraged in order to unlock those levels.
As per claim 14, Penacho teaches a gaming system wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to at least a second quantity of symbols accumulated, over the plurality of plays of the game, at the plurality of symbol display positions associated with the first reel set and the second reel set, cause the processor to determine a third total award comprising any awards of the first set of available awards associated with any symbols accumulated at any of the plurality of symbol display positions associated with the first reel set, any awards of the second set of available awards associated with any symbols accumulated at any of the plurality of symbol display positions associated with the second reel set, and any awards of a third, different set of available awards associated with any symbols accumulated at any of a plurality of symbol display positions associated with a third reel set associated with the third set of available awards and comprising a third plurality of reels (Figs. 4-7, items 408, 410, and 504 and paragraphs [0083]-[0084] and [0091] special symbols, such as presented star symbols, are accumulated until meeting a requirement such as displayed 14 stars in Fig. 5 and 8 in Fig. 6). Penacho does not specifically teach the third reel set being associated with a different, third set of available awards the third, different set of available awards comprising awards of a different, third type. However, Falciglia teaches a gaming system (abstract) comprising unlocked and locked symbol positions wherein the positions in a set are associated with different awards (Figs. 2A-2F and paragraphs [0051]-[0052] and [0054]-[0056] as a row becomes activated a potential different award range is provided such as 5-20 credits for row 1 and 15-30 for row 2) with additional embodiments wherein prizes can include other types of values such as goods, points, or other values (paragraph [0033]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Penacho with Falciglia, since Penacho is modifiable to include different possible awards for an unlocked reel set level since by offering different awards, such as higher potential awards as shown in Falciglia, the player perceives they are able to earn more as the game progresses and new levels are unlocked versus the base level and therefore further player is encouraged in order to unlock those levels. Additionally this further distinguish one level set of rows from another and therefore makes higher levels ones being unlocked more interesting for a player. Further by offering different possible awards for an unlocked reel set level, such as different types as discussed at paragraph [0033] in Falciglia, the player perceives they are able to earn more as the game progresses and new levels are unlocked versus the base level and therefore further player is encouraged in order to unlock those levels. The use of different types of awards is recognized as a way to distinguish one level from another and to offer an incentive to keep playing beyond merely monetary. For example it is well-known to have a jackpot such as a car versus the normal monetary value offered in wagering games in order to provide an incentive to play.
As per claim 16, Penacho teaches a gaming system wherein the second quantity of symbols are accumulated at the plurality of symbol display positions associated with the first reel set and the second reel set based on the first quantity of symbols being accumulated at the plurality of symbol display positions associated with the first reel set (Figs. 5-7).
As per claim 17, Penacho teaches a gaming system wherein a first symbol display position associated with the second reel set has a first probability of accumulating a symbol associated with an award from the second set of available awards and a first symbol display position associated with the first reel set has a second, different probability of accumulating a symbol associated with the award from the first set of available awards (paragraph [0104] reel windows have different RTP including different chances of generating the wild symbol for accumulation and advancing the level).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penacho et al. (US Pub. No. 2023/0033113 A1 hereinafter referred to as Penacho) and Falciglia, Sr. (US Pub. No. 2011/0151957 A1 hereinafter referred to as Falciglia) in view of Weyant (US Pat. No. 11,373,481 B1).
As per claim 4, Penacho does not teach a gaming system wherein the first set of available awards comprises a plurality of activations of a first feature and the different, second set of available awards comprise a plurality of activations of a second, different feature. However, Weyant teaches a gaming system (abstract) comprising different award levels that can be activated which include different features (Fig. 2A). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Penacho with Falciglia and Weyant, since by including different features as possible different award types the game of Penacho is able to offer greater variety and better awards of different types as the player progresses in the game and therefore encourages further play.
Claim(s) 10 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penacho et al. (US Pub. No. 2023/0033113 A1 hereinafter referred to as Penacho) and Falciglia, Sr. (US Pub. No. 2011/0151957 A1 hereinafter referred to as Falciglia) in view of San (US Pub. No. 2019/0188964 A1).
As per claims 10 and 15, Penacho does not teach a gaming system wherein the second, greater quantity of symbols are accumulated at the second quantity of symbol display positions associated with the first reel set and the second reel set prior to the first quantity of symbols are accumulated at the first quantity of symbol display positions associated with the first reel set. However, San teaches a gaming system (abstract) wherein symbols are displayed on inactive reels, including symbols for accumulation, but the symbols do not count towards the accumulation (paragraph [0192]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Penacho with Falciglia and San, since by including the teachings of San the game can display the possible outcome a player can earn by continuing play which would include the case wherein an inactive reel set combined with the first reel set could have accumulated enough to active an additional level while still not reaching the inactive symbol set level. Specifically by showing the reels as greyed out but working a player will want to play in order to activate the reel and benefit from the displayed outcomes.
Response to Arguments
Applicant's arguments filed 11/20/2025 have been fully considered but they are not persuasive. Applicant argues against the 101 rejection by focusing on the mental step portion and the practical application. As per the arguments for step 2A applicant argues that not all steps can be carried out in the mind such as the communicating of information to be displayed. Examiner points out that this element is addressed in step 2B. Including a computer to perform a judicial exception has not been found enough to overcome a 101 rejection and this includes the action of displaying information if the information displaying step is conventional in nature. As argued in step 2B the action of displaying the game information is a conventional feature since it is well-known to display animations and game information on a display. Therefore the inclusion of a machine does not overcome the rejection under 101. Applicant argues that the display device was not addressed in the 101 rejection. Examiner directs applicant to step 2B which addresses this feature. Step 2A identifies the practical exception. Step 2B addresses the machine elements to determine if a practical application or unconventional features are included. Applicant further argues regarding the practical application by pointing to paragraphs [0014] regarding the persistent features as a practical application. Examiner notes that this appears to be a game rule regarding the symbols or features being carried over from one game play to another. This does not appear to be an improvement in the function of the machine or other identified practical application but instead is directed towards how to play a game. Therefore this reads on the judicial exception as a mental step, such as game rule, that can be performed in the mind and which goes towards how the game is played and not an improvement. Further argued improvements, such as encouraging play, are fundamental to gaming since it is a purpose of a game to encourage users to play it and therefore this would not constitute a new practical improvement. Applicant should look to functions related to machines for example. Argued improvement to different possible awards and payouts is a design choice regarding how an operator wishes to awards a player and goes towards further rules on how to setup the game. What is offered for a particular outcome is a mental step that can be carried out by an operator and is a fundamental feature of games with rewards. Specifically it is conventional to offer a reward determined based on the operator choice.
Applicant further agues against the 102 rejections of claims 18-20 over Penacho for failing to teach the limitation “communicate data that results in a display, by the display device, of an accumulation of symbols, over the plurality of plays of the game, at a quantity of the symbol display positions associated with any of the active reel sets and any of the inactive reel sets” since as argued by applicant Penacho fails to display the inactive reels. Examiner points out that the limitation only requires the active reel set to display the accumulation since it is any of the active and inactive reel sets which would include only the active reel sets and as displayed by Fig. 5 symbols can be shown to be accumulated at the active reel sets. Specifically only one of the reel sets accumulating the symbols is required which would read on only the active reel sets displaying the accumulation. No requirement in the limitations is provided to display it for the inactive reel sets as well. Additionally in the display area of the second reel sets a number is indicated which shows the accumulation which may read on the broad limitation though this interpretation is not relied upon. If applicant intends features such as greyed out reels which are still displayed then applicant should better clarify the display steps. For the purpose of compact prosecution if applicant does clarify see Davis et al. (US Pub. No. 2023/0025925 A1) at Figs. 4A-4G and at least paragraph [0089] which displays symbols earned in active rows of a game but which are not earned since only active reel symbols are earned. Therefore even with clarification the feature would have been obvious. As per claims 1-18 see above.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As per the combination of prior arts of claims 1-18 not teaching the amended features of different types of awards, as previously claimed in at least claim 2, examiner respectfully disagrees. Applicant argues that Falciglia does not specifically teach the random or assigning process of awards to the matrix includes those of different types. However examiner argues that it is the fact that Falciglia shows that different awards can be applied to different reel sets in the matrix of Falciglia and that a game can include different types of awards that makes the combination obvious. Specifically if you can include a different credit amount you can also include a different award type such as free games or the well-known feature of jackpot prizes such as cars. This is the action of using known awards and assigning them to the award phase which is an obvious design choice and which is known in the art to incentive play in order to win the prize. Specifically if the top level is the highest award than it would be obvious to assign it a different type that may be perceived to have higher value than credits such as a jackpot. Therefore it is the combination of arts that renders the feature obvious and not a focus on a single prior art reference.
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.
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/JUSTIN L MYHR/ Primary Examiner, Art Unit 3715 1/23/2026
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