DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
The following claim(s) is/are pending in this office action: 1-19, 21
The following claim(s) is/are amended: 1, 10, 19
The following claim(s) is/are new: 21
The following claim(s) is/are cancelled: 20
Claim(s) 1-19, 21 is/are rejected.
Response to Arguments
Applicant’s arguments filed in the amendment filed 10/22/2025, have been fully considered but are moot in view of new grounds of rejection. The reasons set forth below.
Applicant’s Invention as Claimed
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.
Claim(s) 1-19, 21 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim(s) 1-19, 21 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a fundamental economic principle or practice without significantly more. The claim(s) recite(s) “cause display of a plurality of player-selectable symbol positions for an electronic game, wherein the plurality of player-selectable symbol positions are associated with sets of coordinates stored in the at least one memory, the sets of coordinates corresponding to display locations on the at least on display device; receive a first player selection of a first player-selectable symbol position of the plurality of player-selectable symbol positions; reveal a first symbol at the first player-selectable symbol position in response to the first player selection, wherein the first symbol is associated with a first output amount; receive a second player selection of a second player-selectable symbol position of the plurality of player-selectable symbol positions; and in response to the second player selection: cause display of a message at the second player-selectable symbol position associated with a first multiplier being applied to at least one of the plurality of player-selectable symbol positions; cause display of the first multiplier at the first player-selectable symbol position based upon the first multiplier being applied to the first symbol; apply a first multiplier associated with the second player-selectable symbol position to the first output amount to generate a multiplied first output amount; and reveal a second symbol at the second player-selectable symbol position, wherein the second symbol is associated with a second output amount” which are data manipulations with respect to gaming. Rules for conducting a wagering game are a fundamental economic practice, see MPEP 2106.04(a)(2). This judicial exception is not integrated into a practical application because the claims do not improve a computer or otherwise apply the judicial exception in a meaningful way. Instead, the claims merely use a computing device as a tool for processing. Spec, para. 55 purports to disclose “technical problems addressed” by the invention, but a person of ordinary skill in the art would not recognize from the specification that an improvement to a computer is being disclosed, and further the claims do not reflect the disclosed improvement. Specifically, the specification identifies four problems, but provides no technical teaching for overcoming those four problems and the claims do not disclose particular steps for defeating the problems. Rather Claim 1 only discloses revealing symbols and updating output amounts – conventional number manipulation and display that is clearly conventional in the art of computers – and other claims only disclose broad functional terms without particular steps for achieving the result (see, e.g., Claim 6, claiming “respective animations” “based on” the state of the game). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional features are conventional computer hardware and related actions such as receiving input and displaying symbols and storing and recalling data.
Claims not specifically mentioned are rejected by virtue of dependency and because they do not obviate the above-recited deficiencies.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 1-19, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Gomez (US Pub. 2010/0075745) in view of Marks (US Pub. 2021/0304565) and further in view of Thomas (US Pub. 2021/0375094).
With respect to Claim 1, Gomez teaches an electronic gaming device comprising: at least one display device; (para. 18; display)
at least one memory with instructions stored thereon; and at least one processor in communication with the at least one memory, wherein the instructions, when executed by the at least one processor, cause the at least one processor to: (Fig. 2, paras. 25-26; gaming machine including processor and memory)
cause display of a plurality of player-selectable symbol positions for an electronic game, (Fig. 4, para. 31; player-selectable chests in multiple positions)
receive a first player selection of a first player-selectable symbol position of the plurality of player-selectable symbol positions; (Fig. 4, para. 31; player selects chest 62a)
cause a first set of coordinates of the sets of coordinates to be stored in a data structure in the at least one memory, the first set of coordinates corresponding to a first display location of the first player-selectable symbol position on the at least one display device, the data structure corresponding to selected symbol positions in the electronic game, (Coordinates will be taught later. paras. 32-36; system adds to values based upon previously selected arks, which suggests the storage of selections. See also Marks, para. 60, 140; lookup table or other data structure for storing data.)
reveal a first symbol at the first player-selectable symbol position in response to the first player selection, (Fig. 5, para. 32; selecting chest 62a reveals the number 30, which results in 30 credits being added to the bonus meter.)
receive a second player selection of a second player-selectable symbol position of the plurality of player-selectable symbol positions; (Figs. 12-13, para. 36; player selects chest 62g. Figs. 5-15, paras. 32-39; user can keep selecting chests until end condition)
cause display of a message at the second player-selectable symbol position (Fig. 9, para. 34; message displayed at location of second player-selectable symbol position. Fig. 12, para. 36; “2x” indicator, which is a message.)
associated with a first multiplier being applied to at least one of the plurality of player-selectable symbol positions; (Fig. 12, para. 36; system indicates a 2x multiplier following selection of a position.)
But Gomez does not explicitly teach apply a first multiplier associated with the second player-selectable symbol position to the first output amount to generate a multiplied first output amount.
Marks, however, does teach wherein the first symbol is associated with a first output amount; (First see Gomez, Fig. 5, para. 32; 30 credits added to bonus meter, which is an output amount. Figs. 5-14; chests display individual value amounts. Then see Marks, Fig. 9c, para. 162; value symbol 924.)
and in response to the second player selection: perform a lookup in the data structure in the at least one memory to identify the first set of coordinates corresponding to the first display location of the first player-selectable symbol position; (Coordinates will be taught later. paras. 60, 140; lookup table or data structure is referenced in performing value increments.)
cause display of the first multiplier at the first player-selectable symbol position based upon the lookup and the first multiplier being applied to the first symbol; apply the first multiplier associated with the second player-selectable symbol position to the first output amount to generate a multiplied first output amount; (First see Gomez, Figs. 12-13, para. 36; 2x multiplier applied to other locations. Then see Marks, para. 140; incremental increases of a value symbol may be percentage or multiplication. Para. 150-151; system displays prior value and then displays incrementing the value for a period. Fig. 9c, para. 162; value 924 had an initial value of 200 that is being incremented to 600.)
and replace display of the message with a second symbol at the second player-selectable symbol position, wherein the second symbol is associated with a second output amount. (First see Gomez, Figs. 5-14; chests display individual value amounts. See also Marks, Figs. 9c-9d, para. 162-163; system updates display at selection point. Fig. 9F; multiple value amounts in grid. Para. 151; change of value from first to second value. It would have been obvious to one of ordinary skill prior to the effective filing date to remove the multiplier message after the multiplier was applied because the multiplier message is no longer needed because the multiplication has already been performed, see MPEP 2144. Further, it would have been obvious to one of ordinary skill prior to the effective filing date to remove the multiplier message in order to display other outcomes of selecting the position.)
It would have been obvious to one of ordinary skill prior to the effective filing date to combine the device of Gomez with the multiplied first output amount in order to encourage the player to push their luck by creating larger payouts and further because it yields predictable results.
But modified Gomez does not explicitly teach coordinates.
Thomas, however, does teach wherein the plurality of player-selectable symbol positions are associated with sets of coordinates stored in the at least one memory, the sets of coordinates corresponding to display locations on the at least on display device; (For a plurality of selectable symbols, see Gomez, Fig. 4, para. 31; player selects chest 62a. Then see Thomas, paras. 110-114; selectable graphic objects have location properties in the form of xy coordinates that correspond to position on a display. Para. 73; memories for storing data values and other data.)
It would have been obvious to one of ordinary skill prior to the effective filing date to combine the device of modified Gomez with the coordinates in order to identify where graphical objects should be positioned on the display. (Thomas, para. 114)
With respect to Claim 2, modified Gomez teaches the electronic gaming device of claim 1, and Marks also teaches wherein the instructions further cause the at least one processor to: provide a number of player selections remaining for the electronic game; (para. 107; number of spins remaining. Fig. 9c; Spin 1 of 6.)
and decrement the number of player selections remaining after each of the first player selection and the second player selection. (para. 107; prior to start of next spin the available spins may be decremented. After completing a spin, the remaining quantity of spins may be adjusted based on the outcome. Fig. 9d; Spin 2 of 6.)
The same motivation to combine as the independent claim applies here.
With respect to Claim 3, modified Gomez teaches the electronic gaming device of claim 2, and Gomez also teaches wherein the instructions further cause the at least one processor to: receive a third player selection of a third player-selectable symbol position of the plurality of player-selectable symbol positions; (Figs. 6-7, para. 33; user selects chest 62b. Figs. 5-15, paras. 32-39; user can keep selecting chests until end condition)
and in response to the third player selection: increase the number of player selections remaining by at least one player selection; (para. 38; shield element that nullifies a game end. See also Marks, para. 107; quantity of spins may be adjusted based on the outcome of the spin. Para. 180; free spins and increments or decrements on a progressing free spin counter.)
and reveal a third symbol at the third player-selectable symbol position, wherein the third symbol is associated with a third output amount. (Figs. 5-14; chests display individual value amounts. See also Marks, Fig. 9F; multiple value amounts in grid.)
With respect to Claim 4, modified Gomez teaches the electronic gaming device of claim 1, and Gomez also teaches wherein the instructions further cause the at least one processor to: receive a third player selection of a third player-selectable symbol position of the plurality of player-selectable symbol positions; (Figs. 6-7, para. 33; user selects chest 62b. Figs. 5-15, paras. 32-39; user can keep selecting chests until end condition)
and in response to the third player selection: apply a second multiplier associated with the third player-selectable symbol position to the multiplied first output amount to generate a twice multiplied first output amount; (Figs. 12-13, para. 36; 2x multiplier applied to other locations. Therefore the art understood that a multiplier could be applied to the current location or to other locations and it would have been obvious to one of ordinary skill prior to the effective filing date to apply the multiplier to the first amount as a simple substitute of applying it to the later chest for predictable results and to encourage the player to push their luck by allowing for continual increasing of the first value.)
and reveal a third symbol at the third player-selectable symbol position, wherein the third symbol is associated with a third output amount. (Figs. 5-14; chests display individual value amounts. See also Marks, Fig. 9F; multiple value amounts in grid.)
With respect to Claim 5, modified Gomez teaches the electronic gaming device of claim 1, and Gomez also teaches wherein the instructions further cause the at least one processor to: receive a third player selection of a third player-selectable symbol position of the plurality of player-selectable symbol positions; (Figs. 6-7, para. 33; user selects chest 62b. Figs. 5-15, paras. 32-39; user can keep selecting chests until end condition)
and in response to the third player selection: add a bonus output amount associated with the third player-selectable symbol position to the multiplied first output amount to generate an updated first output amount; (Figs. 6-7, para. 33; 30 credits from 62a is added to 15 credits from 62b, and 62b is updated to be 45 credits. Therefore, the art understood that a value from one position could be added to the value from another position. Therefore, it would have been obvious to one of ordinary skill to add the bonus amount from the third selection to first selection as a simple substitution for predictable results.)
and reveal a third symbol at the third player-selectable symbol position, wherein the third symbol is associated with a third output amount. (Figs. 5-14; chests display individual value amounts. See also Marks, Fig. 9F; multiple value amounts in grid.)
With respect to Claim 6, modified Gomez teaches the electronic gaming device of claim 5, and Marks also teaches wherein the instructions further cause the at least one processor to cause display of respective animations at the first player-selectable symbol position and the third player-selectable symbol position based upon the multiplied first output amount being updated to the updated first output amount in response to the third player selection of the third player-selectable symbol position. (Fig. 9c, paras. 150, 162; original value of 200 is being updated/incremented (currently at 241) up to 600. para. 97; reveal animations. See also Gomez, Figs. 12-13, para. 36; 2x multiplier applied to other locations. Figs. 6-7, para. 33; 30 credits from 62a is added to 15 credits from 62b, and 62b is updated to be 45 credits.)
The same motivation to combine as the independent claim applies here.
With respect to Claim 7, modified Gomez teaches the electronic gaming device of claim 1, and Marks also teaches wherein the instructions further cause the at least one processor to cause display of respective animations at the first player-selectable symbol position and the second player-selectable symbol position based upon the first output amount being updated to the multiplied first output amount in response to the second player selection of the second player-selectable symbol position. (Fig. 9c, paras. 150, 162; original value of 200 is being updated/incremented (currently at 241) up to 600. para. 97; reveal animations. See also Gomez, Figs. 12-13, para. 36; 2x multiplier applied to other locations. Figs. 6-7, para. 33; 30 credits from 62a is added to 15 credits from 62b, and 62b is updated to be 45 credits.)
The same motivation to combine as the independent claim applies here.
With respect to Claim 8, modified Gomez teaches the electronic gaming device of claim 1, and Gomez also teaches wherein the instructions further cause the at least one processor to: receive a third player selection of a third player-selectable symbol position of the plurality of player-selectable symbol positions; (Figs. 6-7, para. 33; user selects chest 62b. Figs. 5-15, paras. 32-39; user can keep selecting chests until end condition)
and in response to the third player selection: cause display of a multiplier indicator at an unselected symbol position of the plurality of player-selectable symbol positions based upon a second multiplier to be applied to a third output amount associated with the unselected symbol position upon selection of the unselected symbol position; (figs. 12-13, para. 36; In response to selecting a chest the user gets a multiplier that is applied to the next-selected chest. It would have been obvious to one of ordinary skill prior to the effective filing date to place the multiplier at the unselected chests to indicate that their value will be multiplied due to the multiplier.)
and reveal a third symbol at the third player-selectable symbol position, wherein the third symbol is associated with a fourth output amount. (Figs. 5-14; chests display individual value amounts. See also Marks, Fig. 9F; multiple value amounts in grid.)
With respect to Claim 9, modified Gomez teaches the electronic gaming device of claim 1, and Marks also teaches wherein the instructions further cause the at least one processor to: determine a total output amount for the electronic game based at least in part upon one or more messages received from a server; (para. 34-37; game outcomes may be generated on a centralized server and then transmitted to terminals.)
The same motivation to combine as the independent claim applies here.
And Gomez also teaches and provide the total output amount at an end of the electronic game, wherein the total output amount includes the first output amount and the second output amount. (Fig. 7, paras. 32-33; total bonus meter is the sum of amounts. Paras. 33, 39; collect which ends the bonus. See also Marks, para. 41, 111; total amount of winnings.)
With respect to Claim 10, it is substantially similar to Claim 1 and is rejected in the same manner, the same art and reasoning applying. Further, Marks also teaches 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: (para. 143; non-transitory storage media storing instructions executed by one or more processors)
The same motivation to combine as Claim 1 applies here.
With respect to Claims 11-18, they are substantially similar to Claims 2-9, respectively, and are rejected in the same manner, the same art and reasoning applying.
With respect to Claim 19, it is substantially similar to Claim 1 and is rejected in the same manner, the same art and reasoning applying.
With respect to Claim 21, modified Gomez teaches the electronic gaming device of Claim 1, and Gomez also teaches wherein the instruction further cause the at least one processor to cause a second set of coordinates of the sets of coordinates to be stored in the data structure in the at least one memory, the second set of coordinates corresponding to a second display location of the second player-selectable symbol position on the at least one display device. (Fig. 5, para. 32; selecting chest 62a reveals the number 30, which results in 30 credits being added to the bonus meter. paras. 32-36; system adds to values based upon previously selected arks, which suggests the storage of selections. See also Marks, para. 60, 140; lookup table or other data structure for storing data. See also Thomas, paras. 110-114; selectable graphic objects have location properties in the form of xy coordinates that correspond to position on a display.)
Remarks
Applicant argues at Remarks, pgs. 12-15 the claims are not a judicial exception. Applicant argues that Specification, para. 55 states that the claim includes technical improvements such as an “inability of known systems to efficiently communicate which symbol position of a plurality of symbol positions an enhancement will be applied to (e.g. at display screens of limited size)” and “inability of known systems to provide and track user selection of symbol positions for application of future enhancements.”
Specifically, Applicant points to Spec, para. 65, stating that “symbol positions are recorded and stored in a specific data structure in memory (e.g., including x-y coordinates of player-selected symbol positions)” and “a lookup can be performed in the data structure.” However, Applicant provides no technical teaching for creating “a specific data structure in memory” and Applicant’s own work evidences using x-y coordinates to relate to graphical objects’ position on a screen is known. Storing and recalling data is not an improvement to a computer, and Applicant did not solve a technical problem of using x-y coordinates.
Applicant argues that “a technical explanation of the asserted improvement is present in the specification and..the claim reflects the asserted improvement.” But the specification does nothing more than describe conventional storage and recall, it does not provide a technical teaching as to how a person of ordinary skill can store xy coordinates, assuming they could not store them before. Spec, para. 65 claims “a specific data structure in memory” but the claims simply refer to a data structure that stores coordinates. Nor does the claim identify how the technical solution of storing xy coordinates in memory is performed. Therefore the claim runs afoul the MPEP guidance that “an important consideration in determining whether a claim improves technology is the extent to which a claim covers a particular solution to a problem or a particular way to achieve a desired outcome, as opposed to merely claiming the idea of a solution or outcome.”
Beyond the above, Examiner asserts that a person of ordinary skill would recognize the amended claim steps as conventional computer storage and recall, simply of a particular type of preexisting data. Applicant cannot transform conventional computer storage and recall – the basic functions of conventional computer hardware that are insignificant under Step 2B – into eligibility generating practical applications under Step 2A Prong Two simply by writing a specification paragraph asserting there was a technical problem in data storage when a person of ordinary skill would not plausibly believe one exists and Applicant’s own work contradicts the position.
Examiner finds the argument unpersuasive and maintains the rejection.
Applicant argues at Remarks, pgs. 15-16 that Gomez/Marks fails to teach all of the amended independent claims. Examiner agrees and cites Thomas. Examiner maintains the rejection over the new combination.
All claims remain rejected.
Conclusion
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/NICHOLAS P CELANI/Examiner, Art Unit 2449