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 1-20 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 1-20 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 1-7 recite a gaming device, comprising:
at least one processor; and at least one memory storing reel data defining a plurality of reel strips and instructions which, when executed by the at least one processor, cause the at least one processor to:
cause display of symbols in a plurality of columns of symbol positions, wherein the displayed symbols are selected from a portion of the plurality of reel strips and include value symbols;
based upon the symbols selected for display in the plurality of columns of symbol positions, for at least a first category of awards and a second category of awards:
add any first category awards to a first category total in the memory, and any second category awards to a second category total in the memory;
upon the displayed symbols including one or more first category symbols, add a number of the one or more first category symbols to a first category symbol total in the memory;
upon the displayed symbols including one or more second category symbols, add a number of the one or more second category symbols to a second category symbol total in the memory; and
cause display of the number of the one or more first category symbols associated with the first category total, and the number of the one or more second category symbols associated with the second category total; and
upon conclusion of all feature game instances, output an award based on (i) the first category total modified based on the first category symbol total, and (ii) the second category total modified based on the second category symbol total.
Claim 8-14 recite a computer-implemented method of operating a gaming device, the computer-implemented method comprising:
causing display of symbols in a plurality of columns of symbol positions, wherein the displayed symbols are selected from a portion of a plurality of reel strips and include value symbols;
based upon the symbols selected for display in the plurality of columns of symbol positions, for at least a first category of awards and a second category of awards:
adding any first category awards to a first category total in the memory, and any second category awards to a second category total in the memory;
upon the displayed symbols including one or more first category symbols, adding a number of the one or more first category symbols to a first category symbol total in the memory;
upon the displayed symbols including one or more second category symbols, adding a number of the one or more second category symbols to a second category symbol total in the memory; and
causing display of the number of the one or more first category symbols associated with the first category total, and the number of the one or more second category symbols associated with the second category total; and
upon conclusion of all feature game instances, outputting an award based on (i) the first category total modified based on the first category symbol total, and (ii) the second category total modified based on the second category symbol total.
Claim 15-20 recite, a system comprising: one or more processors; and one or more memory storing reel data defining a plurality of reel strips and instructions, wherein the instructions stored in the one or more memory, when executed by the one or more processors, cause the one or more processors to:
cause display of symbols in a plurality of columns of symbol positions during a current feature game instance, wherein the displayed symbols are selected from a portion of a plurality of reel strips and include value symbols; and
based upon the symbols selected for display in the plurality of columns of symbol positions during the current feature game instance, for at least a first category of awards and a second category of awards:
add any first category awards to a first category total in the memory, and any second category awards to a second category total in the memory;
upon the displayed symbols including one or more first category symbols, add a number of the one or more first category symbols to a first category symbol total in the memory;
upon the displayed symbols including one or more second category symbols, add a number of the one or more second category symbols to a second category symbol total in the memory; and
update display of the number of the one or more first category symbols associated with the first category total, and the number of the one or more second category symbols associated with the second category total for a next feature game instance.
The underlined limitations recite an abstract idea of organization of human activity). The claimed limitations recite steps of managing a game by following rules. Managing a game is a management of a social activity and an organization of human activity.
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 1-20 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 1-20 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 gaming device/system comprising at least one processor, memory and a display displaying real strips are generic computer/gaming device and components and generally link the judicial exception to an electronic embodiment.
For the reasons discussed above, 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 1-20 a gaming device/system comprising at least one processor, memory and a display displaying real strips. Gaming devices/system comprising at least one processor, memory and a display displaying real strips is well known in the art. Chen (US 2006/0116208) discloses it is known in the art and conventional for gaming machines to comprise a processor, memory comprising instructions, and a display device to display a game elements including gaming reels (paragraphs 5-6, 44, 59, 63). Chen also discloses that it is known in the art for software components to include credit a payout routines and control payout (paragraphs 5).
In addition, the additional element of adding data or storing data in a memory device is well known, routine and conventional. The courts have indicated that storing and retrieving information in memory is well known, routine and conventional. Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 225, 110 USPQ2d 1984 (2014) (creating and maintaining "shadow accounts"); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log).
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.
The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "update display of the number of the one or more first category symbols associated with the first category total” in lines 20-21. There is insufficient antecedent basis for this limitation in the claim. The claim indicates that number the of the one or more first category symbols is stored in memory. However, the claim does not specify that the number is displayed so that the number can be updated.
Claim 15 recites the limitation "update display of the number of the one or more second category symbols associated with the second category total” in lines 21-22. There is insufficient antecedent basis for this limitation in the claim. The claim indicates that the number of the one or more second category symbols is stored in memory. However, the claim does not specify that the number is displayed so that the number can be updated.
Claims 16-20 are rejected by dependency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The closest prior art, Halvorson (US 10,147,264) discloses a gaming device (Fig. 1), comprising:
at least one processor (202 in Fig. 1); and at least one memory (204 in Fig. 2) storing reel data defining a plurality of reel strips and instructions which (memory storing program game code; col. 11:36-54), when executed by the at least one processor, cause the at least one processor to:
cause display of symbols in a plurality of columns of symbol positions, wherein the displayed symbols are selected from a portion of the plurality of reel strips and include value symbols (Fig. 4a);
based upon the symbols selected for display in the plurality of columns of symbol positions, for at least a first category of awards and a second category of awards:
add any first category awards to a first category total in the memory, and any second category awards to a second category total in the memory (The processor determines payout amount based on winning symbol combination and any winning scatter symbol combination; 345-350 in Fig. 3B and 372-376 in Fig. 3C. This information is stored in memory to implement the game electronically; cols. 11:55-12:19);
upon the displayed symbols including one or more first category symbols, add a number of the one or more first category symbols to a first category symbol total in the memory; upon the displayed symbols including one or more second category symbols, add a number of the one or more second category symbols to a second category symbol total in the memory (The processor determines payout amount based on winning symbol combination and any winning scatter symbol combination; 345-350 in Fig. 3B and 372-376 in Fig. 3C. This information is stored in memory to implement the game electronically; cols. 11:55-12:19);
and cause display of the number of the one or more first category symbols associated with the first category total (i.e. 7000 credits for symbol combination; Fig. 4E), and the number of the one or more second category symbols associated with the second category total (i.e. 500 credit for Scatter symbols; Fig. 4E); and
upon conclusion of all feature game instances, output an award based on (i) the first category total and (ii) the second category total (i.e. 7500 Credits; Fig. 4E).
However, Halvorson fails to teach (i) the first category total modified based on the first category symbol total, and (ii) the second category total modified based on the second category symbol total.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at 571 270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASSON H YOO/ Primary Examiner, Art Unit 3715