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 .
Claim Status
Claims 1-20 are pending.
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 grouping of abstract ideas without significantly more. The claims, as exemplified by independent Claim 1, recites limitations directed to a grouping of abstract idea such as:
Claim 1, An electronic gaming device comprising:
at least one processor; and
at least one memory storing (1) reel data defining a plurality of reel strips, each reel strip associated with a respective one of a plurality of columns of symbol positions and (2) instructions which, when executed by the processor, cause the processor to:
select, using a random number generator, symbols from a first reel strip for each symbol position of a first column of symbol positions having a base number of symbol positions; -certain method of organizing human activity and/or mental process;
select, using the random number generator, symbols from a second reel strip for each symbol position of a second column of symbol positions having the base number of symbol positions; -certain method of organizing human activity and/or mental process;
upon determining that the symbols selected for the first and second columns of symbol positions both include a defined symbol of a plurality of defined symbols, set, for remaining columns, a number of symbol positions by adding a number of symbol positions determined using the random number generator to the base number of symbol positions; -certain method of organizing human activity and/or mental process;
select, using the random number generator, symbols from at least a third reel strip for each symbol position of a corresponding at least a third column of symbol positions, the at least a third column having the set number of symbol positions; and -certain method of organizing human activity and/or mental process;
cause to display on a display device the plurality of columns of symbol positions including the selected symbols.
The limitations, as underlined above, are found to recite a series of steps and/or instructions for managing a reel game which is analogous to a certain method of organizing human activity. Furthermore, the claims as indicated above recite performing operations that amount to mental processes because they recite an observation, judgment, evaluation, and/or opinion that is capable of being performed in the human mind. For at least these reasons, the claims, as exemplified by independent Claim 1, are found to recite a grouping of abstract ideas under Step 2A-prong 1.
This judicial exception is not integrated into a practical application because the additional limitations such as: “at least one processor;” “at least one memory storing (1) reel data defining a plurality of reel strips, each reel strip associated with a respective one of a plurality of columns of symbol positions and (2) instructions which, when executed by the processor, cause the processor to:” “using a random number generator” and “cause to display on a display device the plurality of columns of symbol positions including the selected symbols” amount to mere instructions to invoke a computer as a tool to implement the abstract idea (see MPEP 2106.05(f)), insignificant extra solution activity ((see MPEP 2106.05(g)), and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(h)). For at least these reasons, the additional limitations are not found to integrate the claim into a practical application under Step 2A-prong 2.
The claims, as exemplified by independent Claim 1, do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements such as: “An electronic gaming device” comprising “at least one processor”, “at least one memory”, and “a random number generator” when viewed individually and/or as a combination of elements amount to reciting a highly-generalized computer that is invoked to implement the abstract idea, perform insignificant extra solution activity, and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(f)-(h)). For instance, Vancura (US 2010/0029381) discloses a conventional electronic gaming device comprises at least one processor, at least one memory, and a random number generator to determine random events of the game (see Vancura, Fig. 1, 0008, 0037-0040). For at least these reasons, the additional elements are not found to amount to significant more than the abstract idea under Step 2B.
Regarding independent Claim 11, the claim recites substantially the same subject matter as independent Claim 1 as analyzed above. However, the claim is different in that it is directed to the system embodiment as opposed to an electronic gaming device of independent Claim1. These differences do not alter the analysis of the claimed subject matter. The relevant analysis of independent Claim 1 is hereby incorporated herein. For substantially the same reasons as discussed above, independent Claim 11 is found to be directed to a grouping of abstract ideas without significantly more.
Regarding dependent Claims 2-10 and 12-20, the additional limitations have been analyzed and were found to recite at least one of: i) a grouping of abstract ideas (see MPEP 2106.04(a)), invoke a computer as a tool to implement the abstract idea (see MPEP 2106.05(f)); insignificant extra solution activity (see MPEP 2106.05(g)), and/or provide a technological environment in which to perform the abstract idea (see MPEP 2106.05(h)). For at least these reasons, claims 1-20 are found to recite a grouping of abstract ideas without significantly more.
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.
Claims 1 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Warms et al. (US 2023/0162575 A1).
Regarding claim 1, Warms discloses an electronic gaming device comprising (see Warms, gaming machine 104 of Fig. 1):
at least one processor (see Warms, processor 204 of Fig. 2A, 0043); and at least one memory storing (1) reel data defining a plurality of reel strips, each reel strip associated with a respective one of a plurality of columns of symbol positions and (2) instructions which, when executed by the processor (see Warms, Fig. 2A, 0008, 0044-0045), cause the processor to:
select, using a random number generator, symbols from a first reel strip for each symbol position of a first column of symbol positions having a base number of symbol positions (see Warms, Fig. 4A-B, 0051, 0077, 0080-0085, wherein in at least one embodiment the game spins and resolve the display symbols on the first reel);
select, using the random number generator, symbols from a second reel strip for each symbol position of a second column of symbol positions having the base number of symbol positions (see Warms, Fig. 4A-4B, 0080-0085, wherein at least one embodiment the game spins and resolves and displays symbols on the first two reels);
upon determining that the symbols selected for the first and second columns of symbol positions both include a defined symbol of a plurality of defined symbols (see Warms, Fig. 4A-4B, 0080-0085, wherein the trigger is a defined set of symbols in a pay table), set, for remaining columns, a number of symbol positions by adding a number of symbol positions determined using the random number generator to the base number of symbol positions (see Warms, Fig. 4A-4B, 0080-0085, wherein the number added to the base number of symbol positions is 1-4 rows based on the RNG result and weighted table);
select, using the random number generator, symbols from at least a third reel strip for each symbol position of a corresponding at least a third column of symbol positions, the at least a third column having the set number of symbol positions (see Warms, Fig. 4A-4B, 0008, 0050-0051, 0080-0085, 0095); and
cause to display on a display device the plurality of columns of symbol positions including the selected symbols (see Warms, Fig. 4A-4B, 0080-0085).
Regarding claim 11, Warms disclose an computer system (see Warms, Fig. 1, 0024-0027) comprising: at least one processor in communication with at least one gaming device (see Warms, processor 204 of Fig. 2A, 0043); and at least one memory storing (1) reel data defining a plurality of reel strips, each reel strip associated with a respective one of a plurality of columns of symbol positions and (2) instructions which, when executed by the processor, cause the processor to (see Warms, Fig. 2A, 0008, 0044-0045):
select, using a random number generator, symbols from a first reel strip for each symbol position of a first column of symbol positions having a base number of symbol positions (see Warms, Fig. 4A-B, 0051, 0077, 0080-0085, wherein in at least one embodiment the game spins and resolve the display symbols on the first reel);
select, using the random number generator, symbols from a second reel strip for each symbol position of a second column of symbol positions having the base number of symbol positions (see Warms, Fig. 4A-4B, 0080-0085, wherein at least one embodiment the game spins and resolves and displays symbols on the first two reels);
upon determining that the symbols selected for the first and second columns of symbol positions both include a defined symbol of a plurality of defined symbols (see Warms, Fig. 4A-4B, 0080-0085, wherein the trigger is a defined set of symbols in a pay table), set, for remaining columns, a number of symbol positions by adding a number of symbol positions determined using the random number generator to the base number of symbol positions (see Warms, Fig. 4A-4B, 0080-0085, wherein the number added to the base number of symbol positions is 1-4 rows based on the RNG result and weighted table);
select, using the random number generator, symbols from at least a third reel strip for each symbol position of a corresponding at least a third column of symbol positions, the at least a third column having the set number of symbol positions (see Warms, Fig. 4A-4B, 0008, 0050-0051, 0080-0085, 0095); and
cause to display on the at least one gaming device the plurality of columns of symbol positions including the selected symbols (see Warms, Fig. 4A-4B, 0080-0085).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN HSU whose telephone number is (571)272-7148. The examiner can normally be reached Monday - Friday 10:00-6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN HSU/EXAMINER, Art Unit 3715