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 .
Preliminary Amendment
The preliminary amendments filed 08/22/2023 have been entered. After which, claims 1-25 remain pending, of which 4-5, 7-8, 11, 13 and 21-25 were amended.
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 1-25 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. The claims are directed to at least one of abstract idea groupings, according to the 2019 Revised Patent Subject Matter Guidelines (Mathematical Concepts, Mental Processes and/or Certain Methods of Organizing Human Activity). Further, 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 Eligibility Guidance
More specifically, regarding Step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a system and/or process, which is are statutory categories of invention.
Step 2A-1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Independent claim 1 recites the following, with the abstract ideas highlighted in bold, including an indication as to the abstract idea grouping(s) to which the indicated limitations belong to, according to the 2019 Revised Patent Subject Matter Guidelines. Independent claims 14 and 21, having substantially similar features, were also analyzed and to which the following conclusion is also applicable:
1. A computing system comprising:
a processor; and
a computer-readable memory storing executable instructions, wherein execution of the executable instructions by the processor causes the computing system to perform functions, the functions include:
providing, by the processor, a graphical user interface comprising multiple symbol positions arranged in multiple rows and multiple columns, wherein: each column of the multiple columns is arranged to depict a spinnable reel of a reel set, each spinnable reel includes multiple different symbols from a set of symbols, and the set of symbols includes a particular symbol (Certain Methods of Organizing Human Activity);
outputting, on the graphical user interface while the processor operates in a first operating state, one or more spins of the reel set for the first operating state (Certain Methods of Organizing Human Activity);
determining, by the processor based on the one or more spins of the reel set for the first operating state, a first running total of a number of times the particular symbol is displayed on the graphical user interface while the processor is operating in the first operating state (Certain Methods of Organizing Human Activity and/or Mental Processes);
determining, by the processor, whether the first running total exceeds one or more of a first threshold of a first reward system or a first threshold of a second reward system (Certain Methods of Organizing Human Activity and/or Mental Processes);
outputting, by the processor, at least one reward in response to the first running total exceeding one or more of the first threshold of the first reward system or the first threshold of the second reward system (Certain Methods of Organizing Human Activity);
transitioning, in response to the first running total exceeding the first threshold of the second reward system, the processor from operating in the first operating state to a second operating state (Certain Methods of Organizing Human Activity);
outputting, on the graphical user interface while the processor operates in the second operating state, one or more spins of the reel set for the second operating state (Certain Methods of Organizing Human Activity);
determining, by the processor based on the one or more spins of the reel set for the second operating state, a second running total of a number of times the particular symbol is displayed on the graphical user interface while the processor is operating in the second operating state (Certain Methods of Organizing Human Activity and/or Mental Processes);
determining, by the processor, whether the second running total exceeds one or more of a second threshold of the first reward system or a second threshold of the second reward system (Certain Methods of Organizing Human Activity and/or Mental Processes); and
outputting, by the processor, at least one reward in response to the second running total exceeding one or more of the second threshold of the first reward system or the second threshold of the second reward system (Certain Methods of Organizing Human Activity).
The limitations in claim 1 (as well as claim(s) 14 and 21) recite an abstract idea included in the groupings of Certain Methods of Organizing Human Activity and/or Mental Processes, connected to technology only through application thereof using generic computing elements (e.g., a processor, a computer-readable memory, etc.) and/or insignificant extra-solution activity. According to the 2019 Revised Patent Subject Matter Guidelines:
Mental Processes include concepts performed in the human mind (including an observation, evaluation, judgement, opinion); and
Certain Methods of Organizing Human Activity include:
1. Fundamental Economic Principles or Practices (including hedging (i.e., wagering), insurance, mitigating risk);
2. Commercial or Legal Interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations);
3. Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions). The interaction encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping.
Specifically, the instant claims include functions/limitations, as highlighted in the independent claim above, that constitute at least:
A. Wagering (e.g., “outputting, by the processor, at least one reward in response to the first running total exceeding one or more of the first threshold of the first reward system or the first threshold of the second reward system”), which in light of applicant' s specification, is interpreted as requiring placement of a wager during a wagering game (See Specification ¶128, wherein a reward is equal to a multiple of a user’s wager ), which is a form of hedging, which is an abstract idea included in the grouping of Fundamental Economic Principles or Practices. These limitations are interpreted as at least Fundamental Economic Principles or Practices insomuch as the claim limitations are directed to performing the Fundamental Economic Principles or Practices while only generically connected to interaction with a computer utilizing non-special purpose generic computing elements and/or insignificant extra-solution activity as set forth in the claims.
B. Formation of a gambling contract (i.e., by a player placing a wager the player is entering into a contract with a game operator), which is an abstract idea included in the grouping of Commercial or Legal Interactions. These limitations are interpreted as at least Commercial or Legal Interactions insomuch as the claim limitations are directed to performing the Commercial or Legal Interactions while only generically connected to interaction with a computer utilizing non-special purpose generic computing elements and/or insignificant extra-solution activity as set forth in the claims; and/or
C. Following rules and/or instructions, such as including the functions related to the playing of a wagering game, which is an abstract idea included in the grouping of Managing Personal Behavior or Relationships or Interactions Between People. These sets of rules are interpreted as at least certain methods of organized human activity insomuch as the claim limitations are directed to performing or following the set of rules or instructions concerning a game while only generically connected to interaction with a computer utilizing non-special purpose generic computing elements and/or insignificant extra-solution activity, as set forth in the claims.
D. Concepts performed in the human mind (e.g., “determining, by the processor, whether the second running total exceeds one or more of a second threshold of the first reward system or a second threshold of the second reward system”), which is an abstract idea included in the grouping of Mental Processes. These limitations are interpreted as at least Mental Processes insomuch as the claim limitations are directed to performing the concepts in the human mind, while only generically connected to interaction with a computer utilizing non-special purpose generic computing elements and/or insignificant extra-solution activity as set forth in the claims.
Regarding dependent claims 2-13, 15-20 and 22-25:
Each claim is dependent either directly or indirectly from the independent claim identified above and includes all the limitations of said independent claim. Therefore, each dependent claim recites the same abstract idea as identified above. Each of the dependent claim further describes additional aspects of the abstract idea, i.e., additional aspects to the Certain Methods of Organizing Human Activity and/or Mental Processes. For example, some dependent claims merely provide additional Certain Methods of Organizing Human Activity and/or Mental Processes to be performed and/or additional insignificant extra-solution activity, without anything more significant to establish eligibility under 35 U.S.C. 101.
Step 2A-2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration if the claim limitations are directed to a practical application.
Limitations that are indicative of integration into a practical application:
-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
Limitations that are not indicative of integration into a practical application:
-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 1-25 clearly do not improve the functioning of a computer, as they only incorporate generic computing elements, do not effect a particular treatment, and do not transform or reduce a particular article to a different state or thing. Similarly, 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 claimed invention does not suggest improvements to the functioning of a computer or to any other technology or technical field (see MPEP 2106.05 (a)).
This judicial exception is not integrated into a practical application because the claimed invention merely applies the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea (MPEP 2106.05 (f)) and/or generally links the use of the judicial exception to a particular technology or field of use (MPEP 2106.05 (h)). The claimed computer components are recited at a level of generality and are merely invoked as tool to perform the abstract idea. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea.
For the reasons as discussed above, the claim limitations are not integrated to a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claim amounts to significantly more than the exception.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because no element or combination of elements is sufficient to ensure any claim of the present application as a whole amounts to significantly more than one or more judicial exceptions, as described above. For example, the recitations of utilization of “a processor, a computer-readable medium”, etc. used to apply the abstract idea merely implements the abstract idea at a low level of generality and fail to impose meaningful limitations to impart patent-eligibility. These elements and the mere processing of data using these elements do not set forth significantly more than the abstract idea itself applied on general purpose computing devices. The recited generic elements are a mere means to implement the abstract idea. Thus, they cannot provide the “inventive concept” necessary for patent-eligibility. “[I]f a patent’s recitation of a computer amounts to a mere instruction to ‘implement]’ an abstract idea ‘on ... a computer,’... that addition cannot impart patent eligibility.” Alice, 134 S. Ct. at 2358 (quoting Mayo, 132 S. Ct. at 1301). As such, the significantly more required to overcome the 35 U.S.C. 101 hurdle and transform the claimed subject matter into a patent-eligible abstract idea is lacking. Accordingly, the claims are not patent-eligible.
Further, the claims would require structure that is beyond generic, such as structure that can be interpreted analogous to a general purpose structure and general purpose computing elements in that they represent well-understood, routine, conventional elements that do not add significantly more to the claims. See Alice Corp. v. CLS Bank International, 134 S. Ct. at 2358-59. The elements of a processor and a computer-readable medium are well known conventional devices used to electronically implement a game as evidence by U.S. 2004/0204228, which discloses that a conventional gaming machine comprises elements such as a processor and a computer readable medium to control the overall operation of the gaming machine (¶58). See Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018).
The dependent claims do not add “significantly more” for at least the same reasons as directed to their respective independent claims, at least based on the position, as discussed above, that each of the dependent claims merely provide additional limitations to further expand the abstract idea of the independent claims, without adding anything which would establish eligibility under 35 U.S.C. 101.
Consequently, consideration of each and every element of each and every claim, both individually and as an ordered combination, leads to the conclusion that the claims are not patent-eligible under 35 USC §101.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-2, 9-15 and 20-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glavich (U.S. 2003/0073483).
Regarding claims 1, 14 and 21, Glavich discloses:
a computing system (¶25, gaming device 10) comprising:
a processor (¶32, processor 38); and
a computer-readable memory storing executable instructions, wherein execution of the executable instructions by the processor causes the computing system to perform functions (¶32, memory device 40 which stores program code which is executed by processor 38), the functions include:
providing, by the processor, a graphical user interface comprising multiple symbol positions arranged in multiple rows and multiple columns (¶47, Fig. 7A, reels 34 of a first bonus game), wherein:
each column of the multiple columns is arranged to depict a spinnable reel of a reel set (¶35, ¶47-48, Fig. 1B, Fig. 7A, reels 34 are each configured to spin during play of the bonus games),
each spinnable reel includes multiple different symbols from a set of symbols (¶47-48, Fig. 7A, symbols 58), and
the set of symbols includes a particular symbol (¶48, for example “D” symbols which are bonus re--triggering symbols, wherein appearance of a number of “D” symbols triggers additional bonus game activations);
outputting, on the graphical user interface while the processor operates in a first operating state, one or more spins of the reel set for the first operating state (¶47-48, Fig. 7A, a player activates the reels of the bonus game to spin the reels to obtain one or more bonus re-triggering symbol);
determining, by the processor based on the one or more spins of the reel set for the first operating state, a first running total of a number of times the particular symbol is displayed on the graphical user interface while the processor is operating in the first operating state (¶48, Fig. 7A, each bonus re-triggering symbol that appears for each spin is accumulated in the bonus re-trigger accumulator display 76);
determining, by the processor, whether the first running total exceeds one or more of a first threshold of a first reward system or a first threshold of a second reward system (¶49-50, when the player accumulates the required number of bonus re-trigger symbols (e.g., four));
outputting, by the processor, at least one reward in response to the first running total exceeding one or more of the first threshold of the first reward system or the first threshold of the second reward system (¶48-49, the player is awarded a bonus re-trigger in response to accumulating a required number of bonus re-trigger symbols);
transitioning, in response to a trigger, the processor from operating in the first operating state to a second operating state (¶48-49, the second bonus game is provided to the player in response to the accumulation of the required number of bonus re-trigger symbols);
outputting, on the graphical user interface while the processor operates in the second operating state, one or more spins of the reel set for the second operating state (¶47-50, Fig. 7A, a player activates the reels of the second bonus game to spin the reels to obtain one or more bonus re-triggering symbol);
determining, by the processor based on the one or more spins of the reel set for the second operating state, a second running total of a number of times the particular symbol is displayed on the graphical user interface while the processor is operating in the second operating state (¶48, Fig. 7A, each bonus re-triggering symbol that appears for each spin during the second bonus game is accumulated in the bonus re-trigger accumulator display 76);
determining, by the processor, whether the second running total exceeds one or more of a second threshold of the first reward system or a second threshold of the second reward system (¶49-50, when the player accumulates the required number of bonus re-trigger symbols during the second bonus game (e.g., four)); and
outputting, by the processor, at least one reward in response to the second running total exceeding one or more of the second threshold of the first reward system or the second threshold of the second reward system (¶48-49, the player is awarded a second bonus re-trigger in response to accumulating a required number of bonus re-trigger symbols during the second bonus game).
Regarding claims 2 and 15, Glavich discloses that which is discussed above, and further discloses that:
the functions further include:
transitioning, in response to the second running total exceeding the second threshold of the second reward system, the processor from operating in the second operating state to a third operating state (¶48-49, a third bonus game which is provided to the player in response to the accumulation of the required number of bonus re-trigger symbols in the second bonus game);
outputting, on the graphical user interface while the processor operates in the third operating state, one or more spins of the reel set for the third operating state (¶47-50, Fig. 7A, a player activates the reels of the third bonus game to spin the reels to obtain one or more bonus re-triggering symbol);
determining, by the processor based on the one or more spins of the reel set for the third operating state, a third running total of a number of times the particular symbol is displayed on the graphical user interface while the processor is operating in the third operating state (¶48, Fig. 7A, each bonus re-triggering symbol that appears for each spin during the third bonus game is accumulated in the bonus re-trigger accumulator display 76);
determining, by the processor, whether the third running total exceeds one or more of a third threshold of the first reward system or a third threshold of the second reward system (¶49-50, when the player accumulates the required number of bonus re-trigger symbols during the third bonus game (e.g., four));
outputting, by the processor, at least one reward in response to the third running total exceeding one or more of the third threshold of the first reward system or the third threshold of the second reward system (¶48-49, the player is awarded a third bonus re-trigger in response to accumulating a required number of bonus re-trigger symbols during the third bonus game).
Regarding claims 9 and 23, Glavich discloses that which is discussed above, and further discloses that:
the functions further include:
transitioning the processor from a prior operating state to the first operating state (¶56, a primary game outcome which triggers a secondary game),
transitioning from the prior operating state to the first operating state is conditioned on a trigger condition appearing on the graphical user interface while the processor is operating in the prior operating state (¶38, the appearance of a predetermined (e.g., “B” symbol causes a transition to the secondary game),
the graphical user interface comprises multiple particular patterns (Fig. 7A),
each particular pattern comprises multiple symbol positions across the multiple columns (Fig. 7A),
the trigger condition includes a particular combination of symbols from the set of symbols appearing within a particular pattern of the graphical user interface (¶6, appearance of a predetermined combination of bonus triggering symbols during a primary game), and
the particular pattern includes a particular payline or a particular pay-way of the multiple particular patterns (¶36, a bonus game triggering outcome includes a predetermined symbol combination along pay-line 56).
Regarding claim 10, Glavich discloses that which is discussed above, and further discloses that:
each of the multiple particular patterns includes a horizontally extending pattern, a vertically extending pattern, a diagonally extending pattern, an angled pattern, a circular pattern, or a combination thereof (¶36, pay-line 56 may be horizontal, diagonal, or any combination thereof).
Regarding claims 11, 22 and 24, Glavich discloses that which is discussed above, and further discloses that:
the functions further include transitioning the processor from a prior operating state to the first operating state (¶56, a primary game outcome which triggers a secondary game),
transitioning from the prior operating state to the first operating state is conditioned on a trigger condition appearing on the graphical user interface while the processor is operating in the prior operating state (¶38, the appearance of a predetermined (e.g., “B” symbol causes a transition to the secondary game),
the graphical user interface comprises multiple particular patterns (Fig. 7A),
each particular pattern comprises multiple symbol positions across the multiple columns (Fig. 7A), and
the trigger condition includes a landing of multiple special symbols within the multiple symbol positions (¶6, ¶36, appearance of a predetermined combination of bonus triggering symbols during a primary game along one or more pay-lines 56).
Regarding claim 12, Glavich discloses that which is discussed above, and further discloses that:
the multiple special symbols function as scatter symbols (¶39, the bonus trigger symbols are displayed as a scattered combination on multiple pay-lines), and
the scatter symbols effectuate a trigger event irrespective of positions of the scatter symbols among the multiple symbol positions (¶39, the bonus trigger symbols are displayed as a scattered combination on multiple pay-lines).
Regarding claims 13 and 20, Glavich discloses that which is discussed above, and further discloses:
receiving, at an input device configured to input a payment amount, a first payment amount (¶27-28, a player inserts funding and places a bet), and
transitioning the processor to a prior operating state in response to receiving the first payment amount (¶35, placement of a required amount of funding causes the reels to being to spin and provide a base game outcome).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glavich (U.S. 2003/0073483) in view of Fujimoto et al (U.S. 2011/0312404).
Regarding claims 3, Glavich discloses that which is discussed above, however, does not specifically disclose that:
the third threshold of the second reward system is greater than the second threshold of the second reward system, or
the second threshold of the second reward system is greater than the first threshold of the second reward system.
Fujimoto teaches:
a gaming machine (¶109, slot machine 1), wherein predetermined symbols or symbol combinations displayed during a game trigger accumulation of points (¶156, a symbol or combination of symbols which result in the awarding of a point), wherein the accumulation of said points reaching a first threshold (Fig. 14A, 2 points) results in a first award (¶186-187, Fig. 14A, a first payout rate of a 1.5x multiplier), wherein the accumulation of said points reaching a second threshold (Fig. 14A, 3 points) results in a second award (¶186-187, Fig. 14A, a second payout rate of a 2x multiplier), wherein the accumulation of said points reaching a third threshold (Fig. 14A, 5 points) results in a third award (¶186-187, Fig. 14A, a third payout rate of a 3x multiplier), and wherein the third threshold is greater than the second threshold which is greater than the first threshold (e.g., 5 is greater than 3 which is greater than 2) .
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the accumulation based progressively increasing thresholds, as taught by Fujimoto, into the re-triggering accumulation, as taught by Glavich, in order to yield the predictable result of ensuring that each subsequent level of the multi-level progression provide a greater challenge commensurate with an anticipated higher award and increasing player anticipation and engagement, thus leading to increased player retention and operator revenues.
Claim(s) 4-5, 7-8, 16-17, 18-19 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glavich (U.S. 2003/0073483) in view of McCormick (U.S. 2023/0104611).
Regarding claims 4, 8, 19 and 25, Glavich discloses that which is discussed above, and further discloses:
a plurality of reel sets includes a first reel set (¶47-48, Fig. 7A, for a first play of a triggered bonus game a first set of reels is used); and
the one or more spins of the reel set for the first operating state include one or more spins of the first reel set after selection of the first reel set for the first operating state (¶47-48, Fig. 7A, a spin of the reels of a first bonus game).
However, Glavich does not specifically disclose:
a second reel set, a third reel set, and a fourth reel set,
each of the first reel set, the second reel set, the third reel set, and the fourth reel set include one or more different reels compared to reels of other reel sets of the first reel set, the second reel set, the third reel set, and the fourth reel set,
the different reels include different combinations of symbols,
the one or more spins of the reel set for the second operating state include one or more spins of the second reel set after selection of the second reel set for the second operating state,
the one or more spins of the reel set for the third operating state include one or more spins of the third reel set after selection of the third reel set for the third operating state, and
the one or more spins of the reel set for the fourth operating state include one or more spins of the fourth reel set after selection of the fourth reel set for the fourth operating state.
McCormick teaches:
a gaming system including a plurality of reels sets (¶12, ¶23-24, Fig. 2A, a plurality of secondary game reels 202a-202d), wherein the plurality of reels sets includes a first set (Fig. 2A, 202a), a second reel set (Fig. 2A, 202b), a third reel set (Fig. 2A, 202c) and a fourth reel set (Fig. 2A, 202d), wherein, each of the first reel set, the second reel set, the third reel set and the fourth reel set include one or more different reels compared to reels of other reel sets of the first reel set, the second reel set, and the third reel set (¶24-26, Fig. 2A), wherein the different reels include different combinations of symbols (¶24-26, each reel set 202a-202d is associated with a different quantity of symbols required to be accumulated (i.e., combination of symbols)), the one or more spins of the reel set for the second operating state include one or more spins of the second reel set after selection of the second reel set for the second operating state (¶41-44, Fig. 2G, Fig. 2H, accumulation of the required number of symbols during spins of the first reel set (202a) cause the second reel set (202b) to be activated and spun to produce game outcomes wherein symbols are accumulated), and wherein the one or more spins of the reel set for the third operating state include one or more spins of the third reel set after selection of the third reel set for the third operating state (¶41-44, Fig. 2G, Fig. 2H, accumulation of the required number of symbols during spins of the second reel set (202b) cause the third reel set (202c) to be activated and spun to produce game outcomes wherein symbols are accumulated) and wherein the one or more spins of the reel set for the fourth operating state include one or more spins of the fourth reel set after selection of the fourth reel set for the fourth operating state (¶41-44, Fig. 2G, Fig. 2H, accumulation of the required number of symbols during spins of the second reel set (202c) cause the fourth reel set (202d) to be activated and spun to produce game outcomes wherein symbols are accumulated).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to display the multiple accumulation bonus games, as taught by Glavich, as separate progressively activated multiple reel sets, as taught by McCormick, in order to yield the predictable result of providing increased anticipation and excitement by players as they progress during gameplay, thus leading to increased player retention and operator revenues.
Regarding claims 5 and 17, Glavich discloses that which is discussed above, however does not specifically disclose:
transitioning, in response to the third running total exceeding the third threshold of the second reward system, the processor from operating in the third operating state to a fourth operating state;
outputting, on the graphical user interface while the processor operates in the fourth operating state, one or more spins of a reel set for the fourth operating state;
determining, by the processor based on the one or more spins of the reel set for the fourth operating state, a fourth running total of a number of times the particular symbol is displayed on the graphical user interface while the processor is operating in the fourth operating state;
determining, by the processor, whether the fourth running total exceeds one or more of a fourth threshold of the first reward system or a fourth threshold of the second reward system;
outputting, by the processor, at least one reward in response to the fourth running total exceeding one or more of the fourth threshold of the first reward system or the fourth threshold of the second reward system.
McCormick teaches:
a gaming system including a plurality of reels sets (¶12, ¶23-24, Fig. 2A, a plurality of secondary game reels 202a-202d), wherein during a first operating state, symbols which appear after a first reel set is spun are accumulated (¶24-26, for a play of a first secondary game symbols are accumulated for a first reel set (202a), wherein accumulation of a first required number of symbols during the first operating state, causes a transition to a second operating state (¶41-44, Fig. 2G, Fig. 2H, accumulation of the required number of symbols during spins of the first reel set (202a) cause the second reel set (202b) to be activated and spun to produce game outcomes wherein symbols are accumulated), wherein accumulation of a second required number of symbols during the second operating state, causes a transition to a third operating state (¶41-44, Fig. 2G, Fig. 2H, accumulation of the required number of symbols during spins of the second reel set (202b) cause the third reel set (202c) to be activated and spun to produce game outcomes wherein symbols are accumulated), wherein accumulation of a third required number of symbols during the third operating state, causes a transition to a fourth operating state (¶34, accumulation of the required number of symbols during spins of the third reel set (202c) cause the fourth reel set (202d) to be activated and spun to produce game outcomes wherein symbols are accumulated), and outputting, on the graphical user interface while the processor operates in the fourth operating state, one or more spins of a reel set for the fourth operating state (¶34, ¶44, awards are provided for symbols accumulated on active reels (i.e., awards for accumulated symbols on reel set 202d when active)).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to display the multiple accumulation bonus games, as taught by Glavich, as separate progressively activated multiple reel sets, as taught by McCormick, in order to yield the predictable result of providing increased anticipation and excitement by players as they progress during gameplay, thus leading to increased player retention and operator revenues.
Regarding claims 7, 16 and 18, Glavich discloses that which is discussed above, and further discloses:
a plurality of reel sets includes a first reel set (¶47-48, Fig. 7A, for a first play of a triggered bonus game a first set of reels is used); and
the one or more spins of the reel set for the first operating state include one or more spins of the first reel set after selection of the first reel set for the first operating state (¶47-48, Fig. 7A, a spin of the reels of a first bonus game).
However, Glavich does not specifically disclose:
a second reel set, a third reel set, and a fourth reel set,
each of the first reel set, the second reel set, the third reel set, and the fourth reel set include one or more different reels compared to reels of other reel sets of the first reel set, the second reel set, the third reel set, and the fourth reel set,
the different reels include different combinations of symbols,
the one or more spins of the reel set for the second operating state include one or more spins of the second reel set after selection of the second reel set for the second operating state,
the one or more spins of the reel set for the third operating state include one or more spins of the third reel set after selection of the third reel set for the third operating state, and
the one or more spins of the reel set for the fourth operating state include one or more spins of the fourth reel set after selection of the fourth reel set for the fourth operating state.
McCormick teaches:
a gaming system including a plurality of reels sets (¶12, ¶23-24, Fig. 2A, a plurality of secondary game reels 202a-202d), wherein the plurality of reels sets includes a first set (Fig. 2A, 202a), a second reel set (Fig. 2A, 202b), a third reel set (Fig. 2A, 202c) and a fourth reel set (Fig. 2A, 202d), wherein, each of the first reel set, the second reel set, the third reel set and the fourth reel set include one or more different reels compared to reels of other reel sets of the first reel set, the second reel set, and the third reel set (¶24-26, Fig. 2A), wherein the different reels include different combinations of symbols (¶24-26, each reel set 202a-202d is associated with a different quantity of symbols required to be accumulated (i.e., combination of symbols)), the one or more spins of the reel set for the second operating state include one or more spins of the second reel set after selection of the second reel set for the second operating state (¶41-44, Fig. 2G, Fig. 2H, accumulation of the required number of symbols during spins of the first reel set (202a) cause the second reel set (202b) to be activated and spun to produce game outcomes wherein symbols are accumulated), and wherein the one or more spins of the reel set for the third operating state include one or more spins of the third reel set after selection of the third reel set for the third operating state (¶41-44, Fig. 2G, Fig. 2H, accumulation of the required number of symbols during spins of the second reel set (202b) cause the third reel set (202c) to be activated and spun to produce game outcomes wherein symbols are accumulated) and wherein the one or more spins of the reel set for the fourth operating state include one or more spins of the fourth reel set after selection of the fourth reel set for the fourth operating state (¶41-44, Fig. 2G, Fig. 2H, accumulation of the required number of symbols during spins of the second reel set (202c) cause the fourth reel set (202d) to be activated and spun to produce game outcomes wherein symbols are accumulated).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to display the multiple accumulation bonus games, as taught by Glavich, as separate progressively activated multiple reel sets, as taught by McCormick, in order to yield the predictable result of providing increased anticipation and excitement by players as they progress during gameplay, thus leading to increased player retention and operator revenues.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glavich (U.S. 2003/0073483) in view of McCormick (U.S. 2023/0104611) as applied to the claims above, and further in view of Fujimoto et al (U.S. 2011/0312404).
Regarding claim 6, Glavich and McCormick disclose that which is discussed above, however, neither specifically disclose that:
the fourth threshold of the second reward system is greater than the third threshold of the second reward system,
the third threshold of the second reward system is greater than the second threshold of the second reward system, and
the second threshold of the second reward system is greater than the first threshold of the second reward system.
Fujimoto teaches:
a gaming machine (¶109, slot machine 1), wherein predetermined symbols or symbol combinations displayed during a game trigger accumulation of points (¶156, a symbol or combination of symbols which result in the awarding of a point), wherein awards associated with different amounts of accumulated points are provided for reaching said thresholds (¶186-187, Fig. 14A, 1.5x, 2x, 3x and 6x multipliers awarded dependent on the number of points accumulated), wherein a fourth threshold (Fig. 14A, 12 points) is greater than a third threshold (Fig. 14A, 5 points) is greater than a second threshold (Fig. 14A, 3 points) which is greater than the first threshold (Fig. 14A, 2 points) (e.g., 5 is greater than 3 which is greater than 2).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the accumulation based progressively increasing thresholds, as taught by Fujimoto, into system, as taught by Glavich and McCormick, in order to yield the predictable result of ensuring that each subsequent level of the multi-level progression provide a greater challenge commensurate with an anticipated higher award and increasing player anticipation and engagement, thus leading to increased player retention and operator revenues.
Conclusion
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/Jason Pinheiro/Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715