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 03/24/2026.
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 initiations, 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 results and the second reel set being associated with a different, second set of available results, each result of the first set of results being of a same first type that is independent of any values of the first set of available results and each result of the seconds et of available results being of a same second type that is different from the first type and independent of any values of the second set of available results, 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 result determination event: determine a total result, the determination being based on any results from any of the sets of available results associated with any symbols accumulated, over the plurality initiations, at any symbol display positions associated with any of the plurality of reel sets in the active state when the symbol accumulation sequence result determination event occurs, wherein the total result comprises a result of the second type when the first reel set activation event in association with the second reel set has occurred and symbols accumulated at symbol display positions associated with the second reel set in the inactive state are associated with a result of the second set of available results, and the total result comprises a result of the first type when symbols accumulated at symbol display positions associated with the first reel set are associated with a result of the first set of available results, 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 a result, read as an outcome, 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 including rules regarding determining a result. 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. The language of a result is the determination of observing what outcome is presented and determining the state of the game from this outcome. For example in a standard slot game this would be the result of determining a win when certain symbol combinations occur which is a step that a player can perform mentally. 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.
Response to Arguments
Applicant's arguments filed 03/24/2026 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 a practical application is included regarding an improvement to the user interface based on the accumulated symbols and associated reel sets with the associated symbols. 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 user interface or other identified practical applications 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. The outputting of this information reads on step 2B as the conventional feature of displaying a state of the game, commonly found in electronic slot games, and the particular display being extra solution activity directed towards the theme of the game. Outputting of a game rule does not provide a practical application since this is merely displaying of a game. Examiner requests clarification how this improves the graphical user interface beyond displaying of a game state such that an improvement is found in the function of the machine.
Applicant further argues against the 102 rejections and 103 rejections based on amended features. Examiner finds that the amendments overcome the prior art and would not have been an obvious modification.
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 5/20/2025
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