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, recite limitations directed to a grouping of abstract idea such as:
1. A gaming device, comprising:
a memory device storing computer-executable instructions; and
a processor, wherein execution of the instructions by the processor causes the processor to:
cause display of a plurality of symbols as part of a base game, each symbol of the plurality of symbols displayed within a symbol position of a plurality of symbol positions within a game matrix, the game matrix including rows and columns of symbol positions, at least one of the plurality of symbols including at least one respective value symbol displaying a respective credit value thereon; - certain method of organizing human activity;
in response to triggering a feature game, determine a plurality of persistent values for use in the feature game based at least in part on the at least one respective value symbol displayed in the base game; -certain method of organizing human activity and/or mental process;
cause display of a plurality of credit meters in the feature game, each credit meter of the plurality of credit meters displaying one of the plurality of persistent values;
generate a continuous symbol sequence by randomly assigning a respective persistent value of the plurality of persistent values to a set of feature symbols included in the continuous symbol sequence of the feature game; -certain method of organizing human activity; and
cause display of the continuous symbol sequence during the feature game including causing display of the set of feature symbols.
The claims are found to recite a series of steps and/or instructions for managing a base game and a continuous symbol sequence of a feature game which is analogous to a certain method of organizing human activity that is a grouping of abstract idea under Step 2A-prong 1.
This judicial exception is not integrated into a practical application because the additional limitations such as: “cause display of a plurality of symbols as part of a base game”, “cause display of a plurality of credit meters in the feature game, each credit meter of the plurality of credit meters displaying one of the plurality of persistent values;” and “cause display of the continuous symbol sequence during the feature game including causing display of the set of feature symbols.” are found to limitations that are mere instructions to invoke a computer as a tool to implement the abstract idea and/or recite insignificant extra solution activity of the abstract idea (see MPEP 2106.05(f)-(g)). The remaining limitations such as : “a memory device storing computer-executable instructions;” and “a processor, wherein execution of the instructions by the processor causes the processor to:” are found to be analogous to mere instructions to invoke a computer as a tool and/or provides a technological environment in which to perform the abstract idea (see MPEP 2106.05(f) and (h)). For at least these reasons, the additional limitations of the claims, as exemplified by independent Claim 1, are not found to integrate the claims into a practical application under Step 2A-prong 2.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements such as “a gaming device” comprising “a memory device” and “a processor” are found to be invoked merely as a tool to implement the abstract idea, 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 A1) discloses a conventional gaming device comprises a memory and a processor are well-known, routine and conventional components and/or environment to perform the abstract idea (see Vancura, Fig. 1, 0008, 0037-0040). For at least these reasons, when viewed individually and/or as a collection of elements the additional elements, as exemplified by independent Claim 1, are not found to amount to significantly more under Step 2B.
With respect to independent Claims 11 and 19, the claims recite substantially the same subject matter as independent Claim 1 above but differ in that they are directed to the computer-implemented method and electronic gaming application server embodiments of the claimed subject matter. The differences do not change the analysis and findings with respect to independent Claim 1 and have been incorporated herein. For at least these reasons, independent Claims 11 and 19 are found to recite a grouping of abstract ideas without significantly more.
With respect to dependent Claims 2-10 and 12-18, and 20, the dependent claims have been analyzed and were found to recite limitations directed to at least one of: a grouping of abstract ideas (see MPEP 2106.04(a)), mere instructions to apply the exception (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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hiten et al. (US 2019/0385407 A1) discloses a persistent symbol that is displayed as part of a base game and triggers a feature game that provides a continuous symbol sequence that assigns persistent values to the depicted trigger symbol during the continuous symbol sequence to determine a total value of symbol that triggered the feature game but is silent as to a credit value symbol that is used to determine a plurality of persistent values for use in the feature game.
Delekta et al. (US 11,562,625 B2) discloses an accrual meter mechanic that provides a credit symbol accumulation feature upon satisfying a trigger condition of a predetermined number of credit symbols. The credit symbol accumulation feature accumulates the credit symbol and rewards the credit value associated with the accumulated credit symbols to the player. However Delekta does not provide a plurality of credit meters in the feature game and determine a plurality of persistent values for use in the feature game based at least in part on the at least one respective value symbol displayed but determines an initial credit value of the prize based on the number of credit symbols accumulated.
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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/RYAN HSU/EXAMINER, Art Unit 3715