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 .
2. This communication is responsive to application no. 18/462,329 filed on 09/06/2023.
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement
IDS filed on 09/06/2023 is considered.
Drawings filed on 09/06/2023 are noted.
Claim Rejections - 35 USC § 101
6. 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. Claim 1 and all dependent claims are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter because the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea.
For example, claim 1 recites "machine-readable instructions”. However, the Examiner interprets the limitation detailed above as software per se. The machine-readable instructions of claim 1 does not define any structural and functional interrelationships with a general purpose for permitting the claimed functions to be realized. In contrast, a statutory claim would define structural and functional interrelationships between data structures or functional parts and a computer which permit the data functions to be realized. Thus, claim 1is rejected as being non-statutory as described above.
Applicant is advised to amend claim 1 follows: -- non-transitory machine-readable instructions… .
8. 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 limitations of: “operating audio in a casino environment”.
The limitation of “operating audio in a casino environment”, 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 determine a position of a person in a casino environment; determining a surface-integrated speaker to output audio to the person based a position of the person and a position of the surface-integrated speaker to perform both steps. The processor circuit in both steps recite at a high-level of generality (i.e., as a generic computer processing audio output) such that it amounts no more than mere instructions to apply the exception. 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 “ determining a surface-integrated speaker to output audio to the person based on a position of the person and a position of the surface-integrated speaker; and outputting the audio via the surface-integrated speaker, and are determined to be well-understood, routine, conventional activity in the field. Thus, the additional element fails to ensure the claim as a whole amount to significantly more than the judicial exception itself. Accordingly, claims 1-25 are ineligible under 35 U.S.C 101.
Claim Rejections - 35 USC § 103
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.
10. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US PG PUB 2012/0128184).
As per claims 1 and 5-13, Kim discloses a display apparatus (100) that includes: a display unit which displays an image thereon, a sound processor which processes an audio signal corresponding to the image displayed on the display unit and output the signal as a left audio signal and a right audio signal, a sensor which detects a viewing direction (or position) of a user watching the display unit (see., Kim, abstract), comprising: a surface-integrated speaker (see., Fig 1, sound output 40, paragraphs 0041); a processor circuit (see., Fig 1, processor 30) communicatively coupled to the surface-integrated speaker; and a memory coupled to the processor circuit, the memory comprising machine-readable instructions that, when executed by the processor circuit (see., Fig 1, abstract, paragraphs 0009-0014); determining a position from which to output audio (see., paragraphs 0012-0014 and 0039-0042); and outputting, via the surface-integrated speaker, the audio at the position (see., paragraphs 0046 and 0043).
Kim does disclose a display apparatus (100). However, Kim fails to expressly disclose that his display apparatus is an electronic gaming machine (EGM).
Therefore, the examiner submits it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to incorporate the display apparatus of Kim into a gaming environment as claimed by applicant in order to integrate music and sound effects using high-quality audio components to create immersive atmosphere that grabs player’s attention and keeps them playing.
As per claim 2, Kim discloses the claimed limitations as stated in claim 1 above, a display device including a display surface configured to display a virtual element on the display surface, wherein the surface-integrated speaker comprises at least one of: a first plurality of speakers integrated into the display surface (see., paragraph 0041, unit 40, Fig 1); a second plurality of speakers integrated into a surface that is separate from the display surface, and wherein determining the position from which to output the audio comprises determining the position corresponding to a virtual location of the virtual element (see., 0012-0046, virtual element or image).
As per claim 3, Kim discloses the claimed limitations as stated in claims 1 and 2 above, wherein determining the position corresponding to the virtual location of the virtual element comprises determining that the virtual location of the virtual element is associated with a position on the display surface, and wherein outputting the audio comprises outputting the audio via a speaker of the first plurality of speakers, the speaker of the first plurality of speakers being integrated into the display surface at the position on the display surface (see., 0012-0046).
As per claim 4, Kim discloses the claimed limitations as stated in claims 1 and 2 above, wherein the display surface is further configured to display a virtual element on the display surface while the virtual element is within a first set of virtual locations in a virtual world associated with the display surface (see., paragraphs 0012-0023, sensor 50); wherein determining the position corresponding to the virtual location of the virtual element comprises determining that the virtual location of the virtual element is within the second set of virtual locations (see., see., sensor 50, paragraphs 0012-0041, specifically when the position of the user is detected to be extend of the right or left audio signal.. ).
As per claims 14-16, Kim discloses a display apparatus (100) that includes: a display unit which displays an image thereon, a sound processor which processes an audio signal corresponding to the image displayed on the display unit and output the signal as a left audio signal and a right audio signal, a sensor which detects a viewing direction (or position) of a user watching the display unit (see., Kim, abstract), comprising: determining a virtual location of a virtual element associated with operation (see., Fig 1, sound output 40, paragraphs 0041); determining an auditory output associated with the virtual element (see., see., paragraphs 0012-0014 and 0039-0042); determining a position corresponding to the auditory output associated with the virtual element based on the virtual location (see., paragraphs 0012-0046, sensor 50); and outputting true three-dimensional (see., Fig 1, paragraph 0035, 3D) audio of the auditory via a surface-integrated speaker (see., paragraphs 0046 and 0043).
Kim does disclose a display apparatus (100). However, Kim fails to expressly disclose that his display apparatus is an electronic gaming machine (EGM).
Therefore, the examiner submits it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to incorporate the display apparatus of Kim into a gaming environment as claimed by applicant in order to integrate music and sound effects using high-quality audio components to create immersive atmosphere that grabs player’s attention and keeps them playing.
As per claims 17-20, Kim discloses a display apparatus (100) that includes: a display unit which displays an image thereon, a sound processor which processes an audio signal corresponding to the image displayed on the display unit and output the signal as a left audio signal and a right audio signal, a sensor which detects a viewing direction (or position) of a user watching the display unit (see., Kim, abstract), comprising: determining a position of a person (see., paragraphs 0012-0014 and 0039-0042); determining a surface-integrated speaker to output audio to the person based on a position of the person and a position of the surface-integrated speaker; and outputting the audio via the surface-integrated speaker (see., paragraphs 0046 and 0043, sensor 50 for determining locations/position of the user).
Kim does disclose a display apparatus (100). However, Kim fails to expressly disclose that his display apparatus is a casino environment.
Therefore, the examiner submits it would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to incorporate the display apparatus of Kim into a casino gaming environment as claimed by applicant in order to integrate music and sound effects using high-quality audio components to create immersive atmosphere that grabs player’s attention and keeps them playing.
Conclusion
11. 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, Kang Hu 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