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 .
Response to Amendment
Examiner acknowledges receipt of amendment/arguments filed 12/05/2025. The arguments set forth are addressed herein below. Claims 1-20 remain pending, no Claims have been newly added, and no Claims have been currently canceled. Currently, Claims 1, 10, and 18-19 have been amended. No new matter appears to have been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al. (US 2023/0230440 A1) (henceforth, “Jones”) in view of Turner (US 2024/0144771 A1) (henceforth, “Turner”).
Regarding claims 1, 10, and 19, Jones teaches a method of electronic gaming, an electronic gaming device, and at least one non-transitory computer-readable storage medium with instructions stored thereon that, in response to execution by at least one processor, cause the at least one processor to:
at least one memory with instructions stored thereon (e.g., game-logic circuitry 40 includes a central processing unit (CPU) 42 connected to a main memory 44 that comprises one or more memory devices in Fig. 2 and Para. 22); and
at least one processor in communication with the at least one memory, wherein the instructions, when executed by the at least one processor (e.g., game-logic circuitry 40 includes a central processing unit (CPU) 42 connected to a main memory 44 that comprises one or more memory devices in Fig. 2 and Para. 22), cause the at least one processor to:
cause display of a first display area comprising a plurality of symbol positions for an electronic game (e.g., array 450 in Fig. 4A, Fig. 5A, Para. 32, and Para. 42);
determine a respective symbol for each symbol position of the plurality of symbol positions for a play of the electronic game (e.g., first game cycle in Fig. 5A and Para. 42), wherein the respective symbols comprise at least one bonus symbol, and wherein the at least one bonus symbol is associated with an output amount (e.g., persistent symbol 470, wherein the symbol includes a value, thereon, to indicate a what-you-see-is-what-you-get (WYSIWYG) visual presentation in Fig. 5B, Para. 42, and Para. 44-46);
cause the at least one bonus symbol to advance at least one symbol position of the plurality of symbol positions toward an edge of the plurality of symbol positions for a next play of the electronic game (e.g., during the next game cycle move one or more already presented persistent symbols toward the right side of the array in Figs. 6A-B and Para. 47);
after a play of the electronic game where the at least one bonus symbol is displayed at a symbol position of the plurality of symbol positions adjacent to the edge of the plurality of symbol positions (e.g., the example shown in FIGS. 7A and 7B, the third game cycle occurs several (e.g., three) interim game cycles after the second game cycle, wherein in the interim game cycles, the persistent symbols 470 and 572 traveled multiple symbol positions within the array 450 toward the win zone 460 (i.e., adjacent to the edge of array 450 and the win zone 460) in Fig. 7A and Para. 51), cause display of at least a portion of the at least one bonus symbol in a second display area (e.g., persistent symbol 470 in the win zone 460 in Fig. 7B and Para. 51), wherein display of at least the portion of the at least one bonus symbol indicates that the output amount will be provided for the electronic game (e.g., at least persistent symbol 470 in the win zone 460 and presenting a message 702 indicating the amount awarded and adds the awarded credit values to the credit meter 200 in Fig. 7B, Para. 51, and Para. 53); and
cause the output amount associated with the at least one bonus symbol to be provided (e.g., presenting a message 702 indicating the amount awarded and adds the awarded credit values to the credit meter 200 and then the data processing method proceeds to processing block 322 where the game-logic circuitry 40 awards a value associated with any displayed persistent symbols, such as awarding a credit value displayed on a persistent symbol in Fig. 7B, Para. 51, Para. 53, and Para. 49).
But Jones although teaching “moves the persistent symbol 470 from a first symbol position 121 in the array 450 to a second symbol position 422 in the array 450 toward a win zone 460” (Para. 32), lacks in explicitly teaching for the next play of the electronic game, determine symbols to display at first one or more symbol positions of the plurality of symbol positions different from second one or more symbol positions of the plurality of symbol positions that comprise the at least one bonus symbol, wherein additional symbols associated with the second one or more symbol positions that comprise the at least one bonus symbol are not determined for the next play. In a related disclosure, Turner teaches advance, for each subsequent game outcome, the accumulator symbol to a next symbol position different from a previous symbol position (see abstract). More particularly, Turner teaches movement of the accumulator symbol 210 may be conveyed to the player, the other symbols have been removed from the array 202 to indicate the movement is occurring between game outcomes, and a second game outcome is presented with the accumulator symbol 210 in a new symbol position (i.e., only 14 symbols of the 15 positions in the 3x5 array need to be determined in Para. 96-98 and Figs. 4D-F). Turner states that “to present roaming accumulator symbol animation in combination with a symbol-value collection, selection, and award process that minimizes processing overhead by utilizing numbered indicia to represent credit values instead of complex, fanciful game images” (Para. 30). As such, it would have been obvious to one of ordinary skill in the art before the effective date of the invention to modify the game of Jones to include the roaming accumulator symbol features of Turner in order to provide reduced processing overhead and a straightforward visual presentation to increase player enthusiasm, as beneficially taught by Turner.
Regarding claims 2 and 11, Jones as modified by Turner teaches cause the electronic game to be provided for a predefined number of plays (e.g., free-spin games in Para. 55).
Regarding claims 3 and 12, Jones as modified by Turner teaches cause the output amount to be provided after a last play of the predefined number of plays (e.g., presenting a message 702 indicating the amount awarded and adds the awarded credit values to the credit meter 200 in Para. 53 and Para. 55).
Regarding claims 4 and 13, Jones as modified by Turner teaches the electronic game is a feature game that is triggered from a base game (e.g., triggered bonus game in Para. 43 and Para. 55).
Regarding claims 5 and 14, Jones as modified by Turner teaches cause the feature game to be randomly triggered during play of the base game (e.g., RNG in Para. 42-43).
Regarding claims 6 and 15, Jones as modified by Turner teaches cause the at least one bonus symbol to be upgraded to at least one upgraded bonus symbol (e.g., catalyst symbol 601, modifies the persistent symbol 470 (e.g., duplicates the persistent symbol 470) and also awards values associated with multiple persistent symbols in Para. 32 and Para. 58).
Regarding claims 7 and 16, Jones as modified by Turner teaches for each at least one upgraded bonus symbol, cause a bonus output to be provided, wherein the bonus output comprises at least one of an additional output amount or a multiplier to the output amount (Para. 32 and Para. 58).
Regarding claims 8 and 17, Jones as modified by Turner teaches when a predefined number of bonus symbols are displayed: cause a bonus game to be triggered based upon the predefined number of bonus symbols being displayed (e.g., trigger in Para. 43 and Para. 57), wherein each of the predefined number of bonus symbols is associated with a respective output amount (e.g., the symbol includes a value, thereon, to indicate a what-you-see-is-what-you-get (WYSIWYG) visual presentation in Para. 46); cause the predefined number of bonus symbols to remain displayed during the bonus game (e.g., persistent symbol 470 in Figs. 5A-7B and Para. 46); and provide a bonus game output amount, wherein the bonus game output amount comprises the respective output amounts associated with each of the predefined number of bonus symbols and any output amounts associated with additional bonus symbols provided during the bonus game (e.g., adding won credit values in Para. 49 and Para. 53).
Regarding claim 9, Jones as modified by Turner teaches determine the respective symbols based upon at least one message received from at least one server (e.g., external system 60 in Para. 24-25 and Para. 31).
Regarding claim 18, Jones as modified by Turner teaches by transmitting at least one message to a gaming device (e.g., external system 60 in Para. 24-25) where the first display area and the second display area are displayed, at least one of: i) cause display of the first display area, ii) cause the at least one bonus symbol to advance the at least one symbol position of the plurality of symbol positions toward the edge of the plurality of symbol positions (e.g., the example shown in FIGS. 7A and 7B, the third game cycle occurs several (e.g., three) interim game cycles after the second game cycle, wherein in the interim game cycles, the persistent symbols 470 and 572 traveled multiple symbol positions within the array 450 toward the win zone 460 (i.e., moving symbol positions toward the edge of array 450) in Fig. 7A and Para. 51), or iii) cause display of at least the portion of the at least one bonus symbol in the second display area (Figs. 7A-B).
Regarding claim 20, Jones as modified by Turner teaches cause the electronic game to be provided for a predefined number of plays (e.g., free-spin games in Para. 55); and cause the output amount to be provided after a last play of the predefined number of plays (e.g., presenting a message 702 indicating the amount awarded and adds the awarded credit values to the credit meter 200 in Para. 53 and Para. 55).
Response to Arguments
Applicant’s amendments/arguments, see remarks, filed 12/05/2025, with respect to the 35 USC 101 rejection have been fully considered and are persuasive. The 101 rejection of Claims 1-20 has been withdrawn.
Applicant’s arguments with respect to the prior art rejections of Claims 1-20 have been considered but are moot in view of the new ground(s) of rejection. A 35 USC 103 rejection has been applied to Claims 1-20. A secondary reference (Turner) has been applied to Claims 1-20.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHASE E LEICHLITER whose telephone number is (571)270-7109. The examiner can normally be reached Monday-Friday (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Lewis can be reached at (571)272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHASE E LEICHLITER/Primary Examiner, Art Unit 3715