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 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 1-18, 20-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-18, 20-21 recite an abstract idea of (organizing of human activity). The claim limitations are not indicative of integration into a practical application and the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2a1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Claims 1-13 recite: a game controller for an Electronic Gaming Machine (EGM) comprising:
a processor circuit; and a memory coupled to the processor circuit, the memory comprising machine readable instructions that, when executed by the processor circuit, cause the processor circuit to:
control a Graphical User Interface (GUI) of the EGM to initiate a game session for a first player, the game session comprising a plurality of wagering games at the EGM;
determine, for each wagering game of the plurality of wagering games, whether a game result for the wagering game comprises a first game symbol;
based on a determination that the game result comprises the first game symbol, increase a first bonus game award counter value at the EGM by a first predetermined counter value;
based on a first bonus game trigger event, control the GUI to initiate a first bonus game at the EGM;
control the GUI to sequentially provide, in the first bonus game, a first plurality of bonus game awards corresponding to the first bonus game award counter value, wherein a first subset of the first plurality of bonus game awards modifies a second subset of the first plurality of bonus game awards; and
award a first total bonus game award based on the first plurality of bonus game awards to the first player.
Claims 14-18, 20-21 recite similar limitations to claims 1-13.
The underlined limitations recite an abstract idea of organizing human activity. The claim limitations recite steps of managing a game session with bonus awards and rules to increase the bonus game award counter value and rules to award the bonus game awards.
Claims 14-18, 20-21 recite similar limitations to claims 1-13 above and recite the same abstract idea as indicated above.
Step 2a2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration of whether the claim recites additional elements that are indicative of integration into a practical application.
An additional element or combination of additional elements that are indicative of integrating the abstract idea into a practical application include:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Additional element or combination of additional elements that are not indicative of integration of the abstract idea into a practical application include:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1-18, 20-21 do not apply a judicial exception to effect a particular treatment, and do not transform or reduce a particular article to a different state or thing.
Claims 1-18, 20-21 are not directed to an improvement to a function of a computer. There is no improvement to a technical field. In addition, the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way.
The additional elements of: a game controller for an EGM comprising: a processor circuit; a memory; a GUI, an EGM comprising a display, input device game controller, memory and GUI are recited at a high level of generality and are directed to a generic computer or generic computer components used to perform the abstract idea. The additional elements generally link the abstract idea to an electronic embodiment.
The additional elements identified above considered alone and in combination fail to integrate the abstract idea into a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole is analyzed to determine whether any additional element, or combination of additional elements, is sufficient to ensure that the claims amount to significantly more than the exception.
Claims 1-18, 20-21 include the additional elements of a processor circuit, a memory and a gaming device a graphical user interface or display device. Claims 14-19 includes additional elements of a display or graphical user interface, an input device. The additional elements well known routine and conventional. Chen et al. (US 2006/0116208) discloses is typical or well known for gaming machines to incorporate a processor, a memory, a display and an input device (paragraphs 5).
The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Dependent claims further recite the abstract idea. The claim limitations individually and as a whole do not amount to amount to significantly more than an abstract idea.
Response to Arguments
Applicant's arguments filed 2/17/26 have been fully considered but they are not persuasive.
35 USC 101
Applicant's arguments with respect to the 35 USC 101 rejection have been fully considered but they are not persuasive.
Applicant argues that the claims do not recite an abstract idea. Rather the claims are directed to a specialized game controller of an EGM that performs a details set of operations, that taken as a whole, describe a game mechanic for a bonus game at the EGM. Applicant argues that the claims recite a game controller for an EGM that controller a GUI which is similar to the claims in Core Wireless. However, the claims recite an abstract idea of organizing human activity. The claim limitations recite steps of managing a game session with bonus awards and rules to increase the bonus game award counter value and rules to award the bonus game awards. The game controller and graphical user interface are directed to a generic computer or generic computer components used to perform the abstract idea. The additional elements generally link the abstract idea to an electronic embodiment.
Applicant argues that the claims are similar to an issued patents, US Patent 11030858, US 12300061. However, each application is examined according to the current guidelines provided at the time of examination and based on its own merit. The claims in in the current application is examined according to the 2019 PEG and with current TC guidance.
Applicant also list examples of additional patents where the 35 USC 101 rejection was either overcome with similar claim language and arguments. However, similar claim language is not a factor in determining patent eligibly under 35 USC 101. Evaluating eligibility under 35 U.S.C. 101 does not depend simply on the draftsman’s art. The claims in the current application are rejected under 35 U.S.C. 101 according to the 2019 PEG.
Conclusion
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/JASSON H YOO/ Primary Examiner, Art Unit 3715