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 .
The Applicant’s argument and amendment received on 04/29/2026 has been considered. It is noted that claims 1-17, and 19 have been amended.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-7,16,17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Schmuck et al (US 2021/0019919) in view of Stelzer et al (US 2007/0060388) and Courchesne et al (US 2016/0234475).
Regarding claims 1, 16, 17, and 19: Schmuck et al discloses a gaming device comprising: a display device (see figure 3); a biometric feedback device (see paragraph [0003]); a processor circuit (see figure 3); 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: provide a real-time environmental model of a shared virtual environment (SVE) comprising a plurality of virtual persons and a plurality of virtual gaming devices (see paragraphs [0031]-[0042]); transmit display data corresponding to the SVE to a first player device worn by a first player, the display data comprising user display data that causes the display device to render a portion of the SVE based on a virtual orientation of the first player device and a virtual location of the first player in the SVE (see paragraph [0023], [0031]-[0042], and [0045]); determine a virtual environment condition in the SVE (see paragraphs [0031]-[0042]); and based on the virtual environment condition in the SVE, operate the biometric feedback device to provide biometric feedback to the first player (see paragraphs [0003], [0031]-[0042], [0052]).
In an analogous invention, Stelzer et al teaches electronic gaming machine providing virtual wagering game (see paragraph [0036], showing virtual character 30 scratches her right hand after "Mark Raises" (virtual character 20) and the wagering is to virtual character 30. In the electronic game 101, one of the players is the user of the amusement device 8, which may have a virtual character).
In an analogous invention, Courchesne et al teaches a virtual reality (VR) device for a first player; a virtual wagering game wherein the real-time three-dimensional wireframe model corresponds to a real-world gaming environment comprising a plurality of physical EGMS; wherein the rendered portion of the SVE comprises a first virtual EGM corresponding to a first physical EGM of the real-world gaming environment (see paragraph [0048], showing a system for hosting a virtual reality session with photorealistic (capture based) telepresence capability for participants, where participants are incorporated (as 2D or 3D entities) in a shared virtual environment. The virtual environment session A may be one in which an immersive 360-degree virtual environment featuring the entire or a substantial part of the horizon is displayed, with participants being virtually present in the session A as photorealistic 2D or 3D (three-dimensional) representations of themselves, in real time or quasi-real time).
It would have been obvious to a person of ordinary skill in the art before the invention was made to modify Schmuck’s gaming system as taught by Stelzer’s virtual wagering game and Courchesne’s immersive virtual environment for the purpose of providing the user with an opportunity to participate in a virtual game while also having the ability to wager in the virtual environment. This yields the expected result of increasing the user’s satisfaction and enjoyment in the gaming system
Regarding claim 2: Schmuck et al discloses wherein the biometric feedback device comprises a haptic feedback device to provide tactile feedback to the first player corresponding to the first player virtually contacting a virtual object in the SVE (see paragraphs [0003], [0031]-[0042], [0052]).
Regarding claim 3: Schmuck et al discloses wherein the virtual object comprises a virtual vehicle corresponding to a real-world vehicle participating in a real-world sporting event, and wherein the tactile feedback comprises manipulating virtual vehicle instruments in the virtual vehicle (see paragraphs [0003], [0069], showing providing displaying of virtual objects that correspond to physical objects in the external environment and haptic feedback).
Regarding claim 4: Schmuck et al discloses wherein the virtual object comprises a virtual animal corresponding to a real-world animal participating in a real-world sporting event, and wherein the tactile feedback comprises virtually riding the virtual animal (see paragraphs [0003], [0069], showing providing displaying of virtual objects that correspond to physical objects in the external environment and haptic feedback).
Regarding claim 5: Schmuck et al discloses wherein the virtual object comprises a virtual balloon associated with a win at a virtual gaming device, and wherein the tactile feedback comprises virtually touching the virtual balloon (see paragraphs [0003], [0069], showing providing displaying of virtual objects that correspond to physical objects in the external environment and haptic feedback).
Regarding claim 6: Schmuck et al discloses wherein the virtual object comprises a virtual slot machine handle, and wherein the tactile feedback comprises virtual resistance during a virtual pull of the virtual slot machine handle by the first player (see paragraphs [0003], [0069], showing providing displaying of virtual objects that correspond to physical objects in the external environment and haptic feedback).
Regarding claim 7: Schmuck et al discloses wherein the virtual object comprises a spinning virtual slot reel, wherein the tactile feedback comprises virtual resistance of the virtual slot reel, and wherein virtually touching the virtual slot reel by the first player causes the virtual slot reel to stop spinning and generate a virtual wagering game result (see paragraphs [0003], [0069], showing providing displaying of virtual objects that correspond to physical objects in the external environment and haptic feedback).
Claims 8-15, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schmuck et al (US 2021/0019919) in view of Stelzer et al (US 2007/0060388) and Courchesne et al (US 2016/0234475) and further in view of Buchner et al (US 2005/0113167).
Regarding claim 8: Schmuck et al discloses the invention substantially as claimed.
However, Schmuck et al does not disclose wherein the biometric feedback device comprises a heating device to provide thermal feedback to the first player corresponding to a virtual wagering game state of a virtual wagering game in the SVE.
In an analogous invention, Buchner et al teaches wherein the biometric feedback device comprises a heating device to provide thermal feedback to the first player corresponding to a virtual game in the SVE (see figure 1; paragraphs [0022], [0030]).
It would have been obvious to a person of ordinary skill in the art before the invention was made to modify Schmuck’s gaming system as taught by Buchner’s biometric feedback for the purpose of having a system for alerting and providing feedback to users of the virtual gaming system. This yields the expected result of increasing the user’s satisfaction and enjoyment in the gaming system.
Regarding claim 9: Schmuck et al discloses the invention substantially as claimed.
However, Schmuck et al does not disclose further comprising a seat comprising the heating device to warm the seat based on an award from the virtual wagering game meeting a predetermined threshold.
In an analogous invention, Buchner et al teaches further comprising a seat comprising the heating device to warm the seat based on an award from the virtual game meeting a predetermined threshold (see figure 1; paragraphs [0022], [0030]).
It would have been obvious to a person of ordinary skill in the art before the invention was made to modify Schmuck’s gaming system as taught by Buchner’s biometric feedback for the purpose of having a system for alerting and providing feedback to users of the virtual gaming system. This yields the expected result of increasing the user’s satisfaction and enjoyment in the gaming system.
Regarding claim 10: Schmuck et al discloses the invention substantially as claimed.
However, Schmuck et al does not disclose wherein the biometric feedback device comprises a brain interface to provide electrical impulses into a brain of the first player to simulate a sensory input.
In an analogous invention, Buchner et al teaches wherein the biometric feedback device comprises a brain interface to provide electrical impulses into a brain of the first player to simulate a sensory input (see figure 1; paragraphs [0022], [0030]).
It would have been obvious to a person of ordinary skill in the art before the invention was made to modify Schmuck’s gaming system as taught by Buchner’s biometric feedback for the purpose of having a system for alerting and providing feedback to users of the virtual gaming system. This yields the expected result of increasing the user’s satisfaction and enjoyment in the gaming system.
Regarding claims 11, 14, 15, and 20: Schmuck et al discloses the invention substantially as claimed.
In an analogous invention, Buchner et al teaches further comprising a biometric sensor, wherein the instructions further cause the processor circuit to: receive sensor data from the biometric sensor associated with a physical state of the first player; and based on the sensor data, modify a portion of the SVE to react to the physical state of the first player (see figure 1; paragraphs [0022], [0030], [0047]).
It would have been obvious to a person of ordinary skill in the art before the invention was made to modify Schmuck’s gaming system as taught by Buchner’s biometric feedback for the purpose of having a system for alerting and providing feedback to users of the virtual gaming system. This yields the expected result of increasing the user’s satisfaction and enjoyment in the gaming system.
Regarding claims 12 and 18: Schmuck et al discloses the invention substantially as claimed.
However, Schmuck et al not discloses wherein the biometric sensor comprises a heart rate monitor to obtain a heart rate of the first player.
In an analogous invention, Buchner et al teaches wherein the biometric sensor comprises a heart rate monitor to obtain a heart rate of the first player (see paragraph [0041]).
It would have been obvious to a person of ordinary skill in the art before the invention was made to modify Schmuck’s gaming system as taught by Buchner’s biometric feedback for the purpose of having a system for alerting and providing feedback to users of the virtual gaming system. This yields the expected result of increasing the user’s satisfaction and enjoyment in the gaming system.
Regarding claim 13: Schmuck et al discloses the invention substantially as claimed.
However, Schmuck et al does not disclose wherein the biometric sensor comprises an electrical impulse sensor to detect electrical impulses in a brain of the first player.
In an analogous invention, Buchner et al teaches wherein the biometric sensor comprises an electrical impulse sensor to detect electrical impulses in a brain of the first player (see figure 1; paragraphs [0022], [0030]).
It would have been obvious to a person of ordinary skill in the art before the invention was made to modify Schmuck’s gaming system as taught by Buchner’s biometric feedback for the purpose of having a system for alerting and providing feedback to users of the virtual gaming system. This yields the expected result of increasing the user’s satisfaction and enjoyment in the gaming system.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
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