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 Objections
Claim 1 is objected to because of the following informalities: “display device” should read “a display device”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 recites “a plurality of updated progressive wagering game composite values” (line 9), “the plurality of updated progressive wagering game composite values” (lines 11-12), and “the updated progressive wagering game composite values” (lines 12-13). Consistent usage of the same terms is much preferred over creatively describing the same elements using different language. Using similar, yet slightly different claim language creates confusion. It is unclear whether each term is intended to refer to the same claim element or whether each term refers to a different claim element. Independent claim 20 recites similar language and is similarly rejected. Dependent claims 2-15 inherit this discrepancy by nature of their dependencies. Appropriate correction is required.
Claim 14 recites “first game-specific graphics” (lines 1-2), “second game specific graphics” (line 3), and “the first and second game-specific graphics” (lines 5-6). Claim elements that are recited individually, should not be combined into a single claim element, thereby making it unclear whether they are separate claim elements or combined claim elements. Dependent claim 15 inherits this discrepancy by nature of its dependency. Appropriate correction is required.
Claim 19 recites “a plurality of electronic gaming machines” (line 3) and “the electronic wagering games” (lines 11-12). Consistent usage of the same terms is much preferred over creatively describing the same elements using different language. Using similar, yet slightly different claim language creates confusion. It is unclear whether each term is intended to refer to the same claim element or whether each term refers to a different claim element. Independent claim 20 recites similar language and is similarly rejected. Appropriate correction is required.
Claim 20 recites “progressive prize data” (line 20) and “progressive data” (line 22). It is unclear what the difference is between “progressive prize data” and “progressive data”. Appropriate correction is required.
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 non-statutory subject matter. The claimed invention is directed to non-statutory subject matter because the claims as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. Each of claims 1-20 has been analyzed to determine whether it is directed to any judicial exceptions.
The determination of subject matter eligibility under 35 USC 101, relies on the Mayo/Alice two-step analysis.
In step 1 of the analysis, the claims are evaluated to determine whether they fall within one of the four statutory categories (i.e., process, machine, manufacture, or composition of matter). In the present case, claims 1-18 are directed to a system (i.e., a machine), claim 19 is directed to a method (i.e., a process), and claim 20 directed to a gaming device (i.e., a machine). The claims are, therefore directed to one of the four statutory categories.
Under prong 1 of step 2A, the examiner is directed to determine whether the claim recites a judicial exception. The claims are compared to groupings of subject matter that have been found by courts as abstract ideas. These groupings include
(a) Mathematical concepts—mathematical relationships, mathematical formulas or equations, mathematical calculations;
(b) Certain methods of organizing human activity—fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and
(c) Mental processes—concepts performed in the human mind (including an observation, evaluation, judgment, opinion).
Claim 1 is considered representative and recite (the abstract idea is underlined) a system comprising:
a communication interface;
display device;
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:
receive, via the communication interface, progressive prize data corresponding to a plurality of progressive wagering games and from a plurality of electronic gaming machines;
generate a plurality of updated progressive wagering game composite values that each correspond to one of the plurality of the progressive wagering games; and
transmit data corresponding to the plurality of updated progressive wagering game composite values to the display device that is configured to display each of the updated progressive wagering game composite values.
The present claims are directed to displaying a plurality of progressive wagering game composite values. This falls into the group of certain methods of organizing human activity. Specifically, the claims relate to wagering games and therefore fall into the sub-group of fundamental economic practices. The claims also relate to advertising by displaying progressive wagering game composite values and therefore fall into commercial or legal interactions. Finally, the claims also fall into mental processes because the claims recite collecting information and displaying the progressive wagering game composite values.
These steps fall under the category of certain methods of organizing human activity. Specifically, they are directed to the sub-category of managing personal behavior or relationships or interactions between people. Accordingly, the claim recites an abstract idea.
Under prong 2 of Step 2A, the examiner considers whether additional elements integrate the abstract idea into a practical application. To do so, the examiner looks to the following exemplary considerations, looking at the elements individually and in combination:
• an additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field;
• an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition (not considered relevant to the present claims);
• an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim;
• an additional element effects a transformation or reduction of a particular article to a different state or thing; and
• an additional element applies or uses 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.
The additional elements in the present claims are a communication interface, display device, a processor circuit, a memory, a plurality of electronic gaming machines, a first display device, a bank, a second display device, a first bank of electronic gaming machines, and a second bank of electronic gaming machines.
The additional elements do no integrate the judicial exception into a practical application. In particular, the additional elements do not reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field. The additional elements do not implement a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim. The additional elements do not effect a transformation or reduction of a particular article to a different state or thing. The additional elements do not apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they does not impose any meaningful limits on practicing the abstract idea.
Under step 2B, the examiner evaluates whether the additional elements amount to significantly more than the judicial exception itself. The examiner considers if the additional elements:
• add a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present; or
• simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present.
Thus, the additional elements evaluated under Step 2A are re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field.
The present claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements are well-understood, routine, or conventional, as shown:
a communication interface (Stockham et al., US 7,785,183 B1, it is also well-known that multiple gaming devices may be linked via a central computer or server to create a wide area gaming network; the central computer then tracks relevant data and facilitates large jackpots and related benefits to linked devices [C2:66-C3:3]),
display device, a first display device, a second display device (Chamberlain et al., US 7,819,742 B2, the gaming device 10 is a slot machine having the controls, displays and features of a conventional slot machine [C7:13-25]),
a processor circuit, a memory, a plurality of electronic gaming machines (Vancura, US 2002/0043759 A1, the slot machine 10 is conventional and may comprise a number of different designs; the block diagram hardware components of such a slot machine 10 as shown in FIG. 1 are illustrative only and include a microprocessor or computer or controller 20 interconnected to a device 30 for receiving bets or wagers from players; the microprocessor 20 is also interconnected to memory [0065]),
a bank, a first bank of electronic gaming machines, and a second bank of electronic gaming machines (Salour et al., US 6,146,274, a plurality of cabinets 10 are shown placed together in an arrangement to support a bank of slot machines (not shown) thereon in a manner well known in the art [C7:8-20]).
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
As a result, the claims are not directed to patent eligible subject matter.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baerlocher et al., US 2007/0060314 A1 (hereinafter Baerlocher).
Regarding Claim 1: Baerlocher discloses a system comprising:
a communication interface (Baerlocher, a plurality of the gaming devices are capable of being connected together through a data network. In one embodiment, the data network is a local area network (LAN), in which one or more of the gaming devices are substantially proximate to each other and an on-site central server or controller as in, for example, a gaming establishment or a portion of a gaming establishment; in another embodiment, the data network is a wide area network (WAN) in which one or more of the gaming devices are in communication with at least one off-site central server or controller; in this embodiment, the plurality of gaming devices may be located in a different part of the gaming establishment or within a different gaming establishment than the off-site central server or controller; thus, the WAN may include an off-site central server or controller and an off-site gaming device located within gaming establishments in the same geographic area, such as a city or state [0109]; in another embodiment, the data network is an internet or intranet. In this embodiment, the operation of the gaming device can be viewed at the gaming device with at least one internet browser; in this embodiment, operation of the gaming device and accumulation of credits may be accomplished with only a connection to the central server or controller (the internet/intranet server) through a conventional phone or other data transmission line, digital subscriber line (DSL), T-1 line, coaxial cable, fiber optic cable, or other suitable connection [0110]);
display device (Baerlocher, in one embodiment, as illustrated in FIG. 3, the gaming device includes one or more display devices controlled by the processor; the display devices are preferably connected to or mounted to the cabinet of the gaming device; the embodiment shown in FIG. 2A includes a central display device 16 which displays a primary game; this display device may also display any secondary game associated with the primary game as well as information relating to the primary or secondary game; the alternative embodiment shown in FIG. 2B includes a central display device 16 and an upper display device 18 [0066]);
a processor circuit (Baerlocher, the central server or controller may be any suitable server or computing device which includes a processor and a memory or storage device [0052]; the gaming device preferably includes at least one processor 56, such as a microprocessor, a microcontroller-based platform, a suitable integrated circuit or one or more application-specific integrated circuits (ASIC's); the processor is in communication with or operable to access or to exchange signals with at least one data storage or memory device 58 [0062]); and
a memory coupled to the processor circuit, the memory comprising machine readable instructions (Baerlocher, the central server or controller may be any suitable server or computing device which includes a processor and a memory or storage device [0052]; part or all of the program code and/or operating data described above can be stored in a detachable or removable memory device, including, but not limited to, a suitable cartridge, disk, CD ROM, DVD or USB memory device; a player can use such a removable memory device in a desktop, a laptop personal computer, a personal digital assistant (PDA) or other computerized platform [0063]) that, when executed by the processor circuit, cause the processor circuit to:
receive, via the communication interface, progressive prize data corresponding to a plurality of progressive wagering games and from a plurality of electronic gaming machines (Baerlocher, a central server, central controller or remote host 12 and a plurality of gaming machines or gaming devices 14a, 14b, 14c . . . 14z in communication with or linked to the central server 12 through a data network or a remote communication link [0052] and [Fig. 1]; the gaming device is able to communicate coin data and other communications to the accumulated value progressive award and the central controller; during game play, one or more gaming devices may contribute an amount to a progressive award; in this embodiment, the gaming device communicates any updated contributions regarding the progressive award to the central controller [0144]);
generate a plurality of updated progressive wagering game composite values that each correspond to one of the plurality of the progressive wagering games (Baerlocher, FIG. 6 illustrates another example wherein the player(s) at one or more gaming machines are each provided a screen or menu of the progressive awards the player(s) may wager on [0178]); and
transmit data corresponding to the plurality of updated progressive wagering game composite values to the display device that is configured to display each of the updated progressive wagering game composite values (Baerlocher, the PM is incorporated with a sign manager which integrates with the PM to display any suitable information; for example, if the PM receives coin-in meters at a set rate, the PM communicates with the sign manager (based on that rate) to broadcast any updates to any progressive awards or progressive pools [0235]).
Regarding Claim 2: Baerlocher further discloses wherein the processor circuit caused to transmit the data corresponding to the plurality of updated progressive wagering game composite values is further caused to transmit game-specific graphics that comprise corresponding ones of the plurality of updated progressive wagering game composite values (Baerlocher, the gaming system disclosed herein enables a gaming system operator to decide which games to offer to players, decide when and where to offer such games, decide which progressive awards to offer with each game, change the video graphics of one or more of the offered games without modifying the underlying math [0037]).
Regarding Claim 3: Baerlocher further discloses wherein the display device is caused to display respective ones of the game-specific graphics at respective portions of the display device, and wherein the respective portions of the display device comprise a plurality of zones that is displayed on the display device (Baerlocher, FIG. 6 illustrates another example wherein the player(s) at one or more gaming machines are each provided a screen or menu of the progressive awards the player(s) may wager on [0178]).
Regarding Claim 19: Baerlocher discloses a method comprising:
receiving, via a communication interface, progressive prize data corresponding to a plurality of progressive wagering games and from a plurality of electronic gaming machines (Baerlocher, a central server, central controller or remote host 12 and a plurality of gaming machines or gaming devices 14a, 14b, 14c . . . 14z in communication with or linked to the central server 12 through a data network or a remote communication link [0052] and [Fig. 1]; the gaming device is able to communicate coin data and other communications to the accumulated value progressive award and the central controller; during game play, one or more gaming devices may contribute an amount to a progressive award; in this embodiment, the gaming device communicates any updated contributions regarding the progressive award to the central controller [0144]);
generating a plurality of updated progressive wagering game composite values that each correspond to one of the plurality of the progressive wagering games (Baerlocher, FIG. 6 illustrates another example wherein the player(s) at one or more gaming machines are each provided a screen or menu of the progressive awards the player(s) may wager on [0178]); and
transmitting data corresponding to the plurality of updated progressive wagering game composite values to a display device that is configured to display each of the plurality of updated progressive wagering game composite values, wherein respective portions of the display device comprise a plurality of zones that is displayed on the display device (Baerlocher, the PM is incorporated with a sign manager which integrates with the PM to display any suitable information; for example, if the PM receives coin-in meters at a set rate, the PM communicates with the sign manager (based on that rate) to broadcast any updates to any progressive awards or progressive pools [0235]), and
wherein a quantity of the plurality of zones is less than a quantity of the electronic gaming machines (Baerlocher [Fig. 6] and [Fig. 9]; 4 progressive zones displayed on Fig. 6 and 6 gaming machines shown on Fig. 9).
Regarding Claim 20: Baerlocher discloses a gaming device comprising:
a communication interface (Baerlocher, a plurality of the gaming devices are capable of being connected together through a data network. In one embodiment, the data network is a local area network (LAN), in which one or more of the gaming devices are substantially proximate to each other and an on-site central server or controller as in, for example, a gaming establishment or a portion of a gaming establishment; in another embodiment, the data network is a wide area network (WAN) in which one or more of the gaming devices are in communication with at least one off-site central server or controller; in this embodiment, the plurality of gaming devices may be located in a different part of the gaming establishment or within a different gaming establishment than the off-site central server or controller; thus, the WAN may include an off-site central server or controller and an off-site gaming device located within gaming establishments in the same geographic area, such as a city or state [0109]; in another embodiment, the data network is an internet or intranet. In this embodiment, the operation of the gaming device can be viewed at the gaming device with at least one internet browser; in this embodiment, operation of the gaming device and accumulation of credits may be accomplished with only a connection to the central server or controller (the internet/intranet server) through a conventional phone or other data transmission line, digital subscriber line (DSL), T-1 line, coaxial cable, fiber optic cable, or other suitable connection [0110]);
a processor circuit (Baerlocher, the central server or controller may be any suitable server or computing device which includes a processor and a memory or storage device [0052]; the gaming device preferably includes at least one processor 56, such as a microprocessor, a microcontroller-based platform, a suitable integrated circuit or one or more application-specific integrated circuits (ASIC's); the processor is in communication with or operable to access or to exchange signals with at least one data storage or memory device 58 [0062]); and
a memory coupled to the processor circuit, the memory comprising machine readable instructions (Baerlocher, the central server or controller may be any suitable server or computing device which includes a processor and a memory or storage device [0052]; part or all of the program code and/or operating data described above can be stored in a detachable or removable memory device, including, but not limited to, a suitable cartridge, disk, CD ROM, DVD or USB memory device; a player can use such a removable memory device in a desktop, a laptop personal computer, a personal digital assistant (PDA) or other computerized platform [0063]) that, when executed by the processor circuit, cause the processor circuit to:
receive, via the communication interface, progressive prize data corresponding to a plurality of progressive wagering games and from a plurality of electronic gaming machines (Baerlocher, a central server, central controller or remote host 12 and a plurality of gaming machines or gaming devices 14a, 14b, 14c . . . 14z in communication with or linked to the central server 12 through a data network or a remote communication link [0052] and [Fig. 1]; the gaming device is able to communicate coin data and other communications to the accumulated value progressive award and the central controller; during game play, one or more gaming devices may contribute an amount to a progressive award; in this embodiment, the gaming device communicates any updated contributions regarding the progressive award to the central controller [0144]);
generate a plurality of updated progressive wagering game composite values that each correspond to one of the plurality of the progressive wagering games (Baerlocher, FIG. 6 illustrates another example wherein the player(s) at one or more gaming machines are each provided a screen or menu of the progressive awards the player(s) may wager on [0178]); and
transmit data corresponding to the plurality of updated progressive wagering game composite values to a display device that is configured to display each of the updated progressive wagering game composite values (Baerlocher, the PM is incorporated with a sign manager which integrates with the PM to display any suitable information; for example, if the PM receives coin-in meters at a set rate, the PM communicates with the sign manager (based on that rate) to broadcast any updates to any progressive awards or progressive pools [0235]),
wherein the display device comprises a first display device on a first side of a bank of the electronic gaming machines and a second display device on a second side of the bank of the electronic gaming machines (Baerlocher, the central controller communicates data or information to one or more display devices near a bank of gaming devices, wherein the display devices display which progressive awards are associated with the actively played games at the gaming devices in the bank, which progressive awards are associated with non-played games at the gaming devices in the bank or any other suitable information relating to one or more progressive awards which one or more players may play for [0231]; [Fig. 9]),
wherein the plurality of electronic gaming machines comprises a first portion of the electronic gaming machines that comprise a first bank of electronic gaming machines and a second portion of the electronic gaming machines that comprise a second bank of electronic gaming machines (Baerlocher, the central controller communicates data or information to one or more display devices near a bank of gaming devices, wherein the display devices display which progressive awards are associated with the actively played games at the gaming devices in the bank, which progressive awards are associated with non-played games at the gaming devices in the bank or any other suitable information relating to one or more progressive awards which one or more players may play for [0231]; [Fig. 9]), and
wherein the first display device is configured to display progressive prize data corresponding to electronic gaming machines that are in the first bank and the second display device is configured to display progressive data corresponding to electronic gaming machines that are in the second bank (Baerlocher, the central controller communicates data or information to one or more display devices near a bank of gaming devices, wherein the display devices display which progressive awards are associated with the actively played games at the gaming devices in the bank, which progressive awards are associated with non-played games at the gaming devices in the bank or any other suitable information relating to one or more progressive awards which one or more players may play for [0231]; [Fig. 9]).
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.
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.
Claims 4-18 are rejected under 35 U.S.C. 103 as being unpatentable over Baerlocher.
Baerlocher discloses the invention as recited above. Baerlocher fails to explicitly disclose the variations of locations and sizes of the plurality of zones as recited in claims 4-18. The examiner was unable to find any suggestion that the locations and sizes of the plurality of zones solves any stated problem or is for any particular purpose other than aesthetic.
In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Additionally, the rearrangement of parts is a matter of design choice. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Thus, the examiner argues that the variations in size and location of the plurality of zones as recited in claims 4-18 are a matter of design choice which fail to patentably distinguish over Baerlocher.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WERNER G GARNER whose telephone number is (571)270-7147. The examiner can normally be reached M-F 7:30-15:30 EST.
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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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/WERNER G GARNER/ Primary Examiner, Art Unit 3715