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 .
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, 3-8, 10-15, 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1, 3-8, 10-15, 17-20 recite an abstract idea of organizing of human activity. The claim limitations are not indicative of integration into a practical application and the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2a1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Claims 1, 3-7 recite a method for operating an electronic game, the method comprising:
executing, by a processor of a gaming system, an electronic game having a progressive award;
presenting, by the processor of the gaming system, on a display device of the gaming system a representation of the electronic game, the representation of the electronic game comprising a plurality of features, each feature of the plurality of features comprising a plurality of graphical symbols;
presenting, by the processor of the gaming system, on a display device of the gaming system a representation of a state of the progressive award, the representation of the state of the progressive comprising a first selected symbol and second selected symbol, the first selected symbol comprising a same symbol as one of the plurality of symbols of the plurality of features and wherein a number of the first selected symbol presented in the representation of the state of the progressive award indicates an amount of time since the progress award was last awarded;
detecting, by the processor of the gaming system, an occurrence of a first predefined event within the electronic game; and
in response to detecting the occurrence of the first predefined event within the electronic game, updating, by the processor of the gaming system, the presented representation of the state of the progressive award and the presented representation of the electronic game with an animation of the first selected symbol moving from one of the plurality of features of the presented representation of the electronic game to the presented representation of the state of the progressive award.
Claims 8, 10-14 recite: a system comprising: a display device; a processor coupled with the display device; a memory coupled with and readable by the processor and having stored therein a set of instructions which, when executed by the processor, causes the processor to:
execute an electronic game having a progressive award;
present, on the display device, a representation of the electronic game, the representation of the electronic game comprising a plurality of features, each feature of the plurality of features comprising a plurality of graphical symbols;
present, on the display device, a representation of a state of the progressive award, the representation of the state of the progressive comprising a first selected symbol and a second selected symbol, the first selected symbol comprising a same symbol as one of the plurality of symbols of the plurality of features and wherein a number of the first selected symbol presented in the representation of the state of the progressive award indicates an amount of time since the progress award was last awarded;
detect an occurrence of a first predefined event within the electronic game; and
in response to detecting the occurrence of the first predefined event within the electronic game, update the presented representation of the state of the progressive award and the presented representation of the electronic game with an animation of the first selected symbol moving from one of the plurality of features of the presented representation of the electronic game to the presented representation of the state of the progressive award.
Claim 15, 17-20 recite: a non-transitory, computer-readable medium comprising a set of instructions stored therein which when executed by a processor, causes the processor to:
execute an electronic game having a progressive award;
present, on a display device of a gaming system, a representation of the electronic game, the representation of the electronic game comprising a plurality of features, each feature of the plurality of features comprising a plurality of graphical symbols;
present, on the display device of the gaming system, a representation of a state of the progressive award, the representation of the state of the progressive comprising a first selected symbol, the first selected symbol comprising a same symbol as one of the plurality of symbols of the plurality of features and wherein a number of the first selected symbol presented in the representation of the state of the progressive award indicates an amount of time since the progress award was last awarded;
detect an occurrence of a first predefined event within the electronic game; and
in response to detecting the occurrence of the first predefined event within the electronic game, update the presented representation of the state of the progressive award and the presented representation of the electronic game with an animation of the first selected symbol moving from one of the plurality of features of the presented representation of the electronic game to the presented representation of the state of the progressive award.
The underlined claim limitations recite an abstract idea of organization of human activity. The underlined claim limitations recites to rules playing a game with a progressive award.
Step 2a2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration of whether the claim recites additional elements that are indicative of integration into a practical application.
An additional element or combination of additional elements that are indicative of integrating the abstract idea into a practical application include:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Additional element or combination of additional elements that are not indicative of integration of the abstract idea into a practical application include:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1, 3-8, 10-15, 17-20 not apply a judicial exception to effect a particular treatment, and do not transform or reduce a particular article to a different state or thing.
Claims 1, 3-8, 10-15, 17-20 are not directed to an improvement to a function of a computer. There is no improvement to a technical field. In addition, the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way.
The additional elements of: a processor, a display device, a memory is recited at a high level of generality and therefore acts as a generic computer to perform the abstract idea. The additional elements identified above considered alone and in combination fail to integrate the abstract idea into a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole is analyzed to determine whether any additional element, or combination of additional elements, is sufficient to ensure that the claims amount to significantly more than the exception.
Claims 1, 3-8, 10-15, 17-20 recite a processor, a display device, a memory. Chen (US 2006/0116208 discloses it is well known of electronic gaming machine to comprise a display, processor, and memory device (paragraph 5).
The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Dependent claims further recite an abstract idea of organizing human activity. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified abstract idea. Looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. The dependent clams merely include limitations that further define the abstract idea and thus don’t make the abstract idea any less abstract. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Response to Arguments
35 USC 101
Applicant disagrees and traverses the rejection under 35 USC 101 rejection. Applicant argues that the amendments have been made render the rejection moot.
The amendments have been considered and a rejection has been made to address the amended limitations.
35 USC 103
Applicant’s arguments, with respect to the 35 USC 103 rejection have been fully considered and are persuasive. The rejection under 35 USC 103 has been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Jasson H Yoo whose telephone number is (571)272-5563. The examiner can normally be reached M-F 9am-5pm.
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/JASSON H YOO/ Primary Examiner, Art Unit 3715
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