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 .
This communication is to response to Application No. 18/457,120 filed on 08/28/2023.
Claims 1-20 are currently pending and has been examined.
Information Disclosure Statement
IDS filed on 08/28/2023 is considered.
The drawings filed on 08/28/2023 are noted.
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.
7. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite the limitation of: “providing, via a display device of a gaming device, a graphical user interface (GUI)”.
The limitation of providing, via a display device of a gaming device, a graphical user interface (GUI)”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claims preclude the step from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, claims 1-20 recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claims only recite one additional element – using a processor circuit to provide a first virtual wagering game to a plurality of players in a virtual gaming environment; and receiving, a first revenue amount from wagers by the players in the first virtual wagering game to perform both providing and receiving steps. The processor circuit in both steps is recited at a high-level of generality (i.e., as a generic computer facilitating access to revenue sharing in a virtual wagering game environment) such that it amounts no more than mere instructions. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
In the instant case, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of awarding a first portion of the first revenue amount to the user. Thus, the additional element fails to ensure the claims as a whole amount to significantly more than the judicial exception itself. Accordingly, claims 1-20 are ineligible under 35 U.S.C. 101.
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 1-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Oberberger Michael M. (US PG UB 2020/0193776).
As per claims 1, 5, 7-13, and 15-16, Oberberger discloses a regulated casino game in which the health of a player’s virtual avatar affects the wagering characteristics of the game (see., Oberberger, paragraphs 0001 and 0026), comprising: provide a graphical user interface (GUI) Figs 1-4, item 422, comprising a plurality of wagering game assets to a user (see., paragraphs abstract, paragraph 0130, variable health-in game assets); based on first user input received from the user via the GUI, generate a first virtual wagering game (see., paragraphs abstract, paragraph 0130, the first health status for the variable health in-game assets); provide the first virtual wagering game to a plurality of players in a virtual gaming environment (see., paragraphs 0130, Figs 11 A-F, Fig 12, as shown at B 1210, also paragraph 0126, virtual avatar within the in-game environment); receiving a first revenue amount from wagers by the players in the first virtual wagering game (see., paragraphs 0131, the regulated gaming machine may then determine an amount, if any, to reward the player); and award a first portion of the first revenue amount to the user (see., paragraphs 0131, the examiner broadly and reasonably interprets the limitation of “a first portion of the revenue” as the amount to reward the player based upon an outcome of the second wager, at least partially (or portion), determined using the second payout).
As per claim 2, Oberberger discloses the claimed limitations as stated in claim 1 above, wherein the plurality of wagering game assets comprises a plurality of game modules comprising a plurality of independent game features for generating the first virtual wagering game (see., Figs 4, paragraphs 0049-0051).
As per claim 3, Oberberger discloses the claimed limitations as stated in claim 1 above, wherein the instructions further cause the processor circuit to: unlock a subset of the plurality of wagering game assets based on second user input received from the user GUI (see., paragraphs 0045-0049, Figs 1-4, item 422).
As per claim 4, Oberberger discloses the claimed limitations as stated in claims 1 and 3 above, wherein the second user input comprises payment of a license fee for the user (see., paragraphs 0087-0088, game software license host 901).
As per claim 6, Oberberger discloses the claimed limitations as stated in claims 1 and 3, wherein the subset of the plurality of wagering game assets comprises a math model for the virtual wagering game (see., paragraphs 0105 and 0119).
As per claim 14, Oberberger discloses the claimed limitations as stated in claims 1 and 13 of determining a plurality of user preference of the user; input the plurality of determined user preferences into a machine-learning model; and wherein generation of the virtual wagering game is further based on an output of the machine-learning model (see., 0034).
As per claim 17, Oberberger discloses a regulated casino game in which the health of a player’s virtual avatar affects the wagering characteristics of the game (see., Oberberger, paragraphs 0001 and 0026), comprising: a display device; an input device; a processor circuit (see., Figs 1-2); provide a graphical user interface (GUI) Figs 1-4, item 422, comprising a plurality of wagering game assets to a user (see., paragraphs abstract, paragraph 0130, variable health-in game assets); based on first user input received from the user via the GUI, generate a first virtual wagering game (see., paragraphs abstract, paragraph 0130, the first health status for the variable health in-game assets); provide the first virtual wagering game to a plurality of players in a virtual gaming environment (see., paragraphs 0130, Figs 11 A-F, Fig 12, as shown at B 1210, also paragraph 0126, virtual avatar within the in-game environment); receiving a first revenue amount from wagers by the players in the first virtual wagering game (see., paragraphs 0131, the regulated gaming machine may then determine an amount, if any, to reward the player); and award a first portion of the first revenue amount to the user (see., paragraphs 0131, the examiner broadly and reasonably interprets the limitation of “a first portion of the revenue” as the amount to reward the player based upon an outcome of the second wager, at least partially (or portion), determined using the second payout).
As per claim 18, Oberberger discloses the claimed limitations as stated in claim 17 above, wherein the plurality of wagering game assets comprises a plurality of game modules comprising a plurality of independent game features for generating the first virtual wagering game (see., Figs 4, paragraphs 0049-0051).
As per claim 19, Oberberger discloses a regulated casino game in which the health of a player’s virtual avatar affects the wagering characteristics of the game (see., Oberberger, paragraphs 0001 and 0026), comprising: providing a graphical user interface (GUI) Figs 1-4, item 422, comprising a plurality of wagering game assets to a user (see., paragraphs abstract, paragraph 0130, variable health-in game assets); based on first user input received from the user via the GUI, generate a first virtual wagering game (see., paragraphs abstract, paragraph 0130, the first health status for the variable health in-game assets); providing the first virtual wagering game to a plurality of players in a virtual gaming environment (see., paragraphs 0130, Figs 11 A-F, Fig 12, as shown at B 1210, also paragraph 0126, virtual avatar within the in-game environment); receiving a first revenue amount from wagers by the players in the first virtual wagering game (see., paragraphs 0131, the regulated gaming machine may then determine an amount, if any, to reward the player); and awarding a first portion of the first revenue amount to the user (see., paragraphs 0131, the examiner broadly and reasonably interprets the limitation of “a first portion of the revenue” as the amount to reward the player based upon an outcome of the second wager, at least partially (or portion), determined using the second payout).
As per claim 20, Oberberger discloses the claimed limitations as stated in claim 17 above, wherein the plurality of wagering game assets comprises a plurality of game modules comprising a plurality of independent game features for generating the first virtual wagering game (see., Figs 4, paragraphs 0049-0051).
Conclusion
10. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to PIERRE E ELISCA whose telephone number is (571) 272-6706. The Examiner can normally be reached on Monday -Thursday; 6:30AM- 7:30PM. Hoteler.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Hu Kang can be reached on 571 270 1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PIERRE E ELISCA/Primary Examiner, Art Unit 3715