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 05/11/2026 has been considered. It is noted that claims 1, 10, and 14 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hughs-Baird et al (US 2004/0121838) in view of Meyer et al (US 2015/0221176).
Regarding claims 1, 9, 10, 13, 14, and 20: Hughs-Baird et al discloses a gaming system comprising: a processor (see figure 2; paragraph [0048], showing a processor 38; a memory device 40 for storing program code or other data); and a memory device that stores a plurality of instructions, which when executed by the processor (see figure 2; paragraph [0048], showing a processor 38; a memory device 40 for storing program code or other data), cause the processor to: cause a display, by a display device, of a triggering event (see paragraph [0080], showing the selection display 112 includes a plurality of selections 114, and trigger functions in the game); cause a display, by the display device, of an indication of an award amount display sequence selected from a plurality of different award amount display sequences, the selected award amount display sequence comprising a first quantity of award amounts, the first quantity being more than four (see figures 3-5; paragraphs [0011], [0058]-[0081], showing the gaming device includes or displays an award distributor such as a wheel having several sections. The sections each include awards (or award symbols representing awards) such as values or any other suitable awards. The sequence 108 includes a plurality of groups including elements such as symbols 110 that are initially masked to the player. In this example, the symbols 110 are letters in the sequence 108 which form the phrase "Lifestyles of the Rich and Famous." The player starts the game with a base multiplier of "1.times." as indicated by multiplier display 116 and an award of zero as indicated by the total award display 118. The player uses the number of spins or activations to spin or activate the award distributor such as a wheel 100. In each activation, the indicator 106 randomly indicates one of the sections 102 on the wheel 100. The indicated section 102 includes an award symbol 104 which represents or includes the associated award. The award may be a value such as a number of credits or a symbol, which designates an award. The player then picks one of the selections 114 from the selection display 112, which are initially hidden or masked to the player, to reveal a group including an element or symbol such as a letter 110 as shown in FIG. 3. The awards may include values, modifiers such as multipliers, free games, free spins, credits or any suitable award desired by the game implementor); cause a sequential display, by the display device, of the award amounts of the selected award amount display sequence (see figures 3-5; paragraphs [0058]-[0081], showing the sequence 108 includes a plurality of groups including elements such as symbols 110 that are initially masked to the player; and cause a display, by the display device, of a limited multiplier application sub-sequence in association with the display of the award amounts of the selected award amount display sequence, the limited multiplier application sub-sequence selected from a plurality of different limited multiplier application sub-sequences, the selected limited multiplier application sub-sequence comprising a second quantity of multipliers, the second quantity being more than one and less than the first quantity, wherein the display of the selected limited multiplier application sub-sequence comprises a display, for each of a quantity of but not all of the displayed award amounts of the selected award amount display sequence, of one of the multipliers of the selected limited multiplier application sub-sequence, the quantity being equal to the second quantity, wherein the multipliers of the selected limited multiplier application sub-sequence are respectively displayed sequentially with the quantity of but not all of the displayed award amounts of the selected award amount display sequence, wherein each of the multipliers is displayed simultaneously with one of the sequentially displayed award amounts of the selected award amount display sequence, and wherein at least one of the award amounts of the selected award amount display sequence is not displayed with any of the multipliers of the selected multiplier application sub-sequence or any other multipliers (see figures 3-5; paragraphs [0058]-[0081], showing the sequence 108 includes a plurality of groups including elements such as symbols 110 that are initially masked to the player. In this example, the symbols 110 are letters in the sequence 108 which form the phrase "Lifestyles of the Rich and Famous." The player starts the game with a base multiplier of "1.times." as indicated by multiplier display 116 and an award of zero as indicated by the total award display 118. The player uses the number of spins or activations to spin or activate the award distributor such as a wheel 100. In each activation, the indicator 106 randomly indicates one of the sections 102 on the wheel 100. The indicated section 102 includes an award symbol 104 which represents or includes the associated award. The award may be a value such as a number of credits or a symbol, which designates an award. The player then picks one of the selections 114 from the selection display 112, which are initially hidden or masked to the player, to reveal a group including an element or symbol such as a letter 110 as shown in FIG. 3. The awards may include values, modifiers such as multipliers, free games, free spins, credits or any suitable award desired by the game implementor).
In an analogous invention, Meyer et al teaches each of the award amounts is determined prior to display of any of the award amounts, and a first order of display of the award amounts is determined prior to the display of any of the award amounts (see abstract; paragraphs [0012], [0031], [0032], showing at least one win multiplier value determined at random by said electronic game controller from a plurality of predetermined win multiplier values and at least one winning event, wherein the player receives a prize and wherein the prize is calculated by said randomly determined win multiplier value multiplied by a predetermined prize award, wherein the examiner construes predetermined as determined prior); each of the multipliers is determined prior to display of any of the multipliers, a second order of display of the multipliers is determined prior to the display of any of the multipliers, and the display of the multipliers in the second order of display (see abstract; paragraphs [0012], [0031], [0032], showing at least one win multiplier value determined at random by said electronic game controller from a plurality of predetermined win multiplier values and at least one winning event, wherein the player receives a prize and wherein the prize is calculated by said randomly determined win multiplier value multiplied by a predetermined prize award, wherein the examiner construes predetermined as determined prior).
It would have been obvious to a person of ordinary skills in the art before the invention was made to modify Hughs-Baird’s award as taught by Meyer’s predetermined award and multiplier for the purpose of providing an award and multiplier that is determined by the player’s input, thereby providing the player with a fixed odd and chance of outcome. This yields the expected result of increasing the user’s satisfaction and enjoyment in the game.
Regarding claims 2, 11, and 15: Hughs-Baird et al discloses wherein the at least one of the award amounts of the selected award amount display sequence that is not displayed with any of the multipliers of the selected multiplier application sub-sequence or any other multipliers comprises a first one of the displayed award amounts of the selected award amount display sequence (see figure 3; paragraphs [0011], [0054], showing the bonus game includes an award distributor such as wheel 100 having a plurality of sections 102. An award symbol 104 is associated with each section 102, and at least one award is associated with each award symbol 104. In one embodiment, the awards are values such as the values illustrated on wheel 100 (i.e., 15, 50, 100, 5, 20, 10, 5 and 25). It should be appreciated that any suitable award may be used in the bonus game including, but not limited to, free games, free spins, multipliers and any combination therein. Additionally, in one embodiment, at least one of the sections includes a terminator or terminator symbol. In another embodiment, the sections of the award distributor include a plurality of terminators or terminator symbols).
Regarding claims 3, 12, and 16: Hughs-Baird et al discloses wherein the at least one of the award amounts of the selected award amount display sequence that is not displayed with any of the multipliers of the selected multiplier application sub-sequence or any other multipliers comprises a last one of the displayed award amounts of the selected award amount display sequence (see figure 3; paragraphs [0011], [0054], showing the bonus game includes an award distributor such as wheel 100 having a plurality of sections 102. An award symbol 104 is associated with each section 102, and at least one award is associated with each award symbol 104. In one embodiment, the awards are values such as the values illustrated on wheel 100 (i.e., 15, 50, 100, 5, 20, 10, 5 and 25). It should be appreciated that any suitable award may be used in the bonus game including, but not limited to, free games, free spins, multipliers and any combination therein. Additionally, in one embodiment, at least one of the sections includes a terminator or terminator symbol. In another embodiment, the sections of the award distributor include a plurality of terminators or terminator symbols).
Regarding claims 4 and 17: Hughs-Baird et al discloses wherein the at least one of the award amounts of the selected award amount display sequence that is not displayed with any of the multipliers of the selected multiplier application sub-sequence or any other multipliers comprises a first one of the displayed award amounts of the selected award amount display sequence and comprises a last one of the displayed award amounts of the selected award amount display sequence (see figure 3; paragraphs [0011], [0054], showing the bonus game includes an award distributor such as wheel 100 having a plurality of sections 102. An award symbol 104 is associated with each section 102, and at least one award is associated with each award symbol 104. In one embodiment, the awards are values such as the values illustrated on wheel 100 (i.e., 15, 50, 100, 5, 20, 10, 5 and 25). It should be appreciated that any suitable award may be used in the bonus game including, but not limited to, free games, free spins, multipliers and any combination therein. Additionally, in one embodiment, at least one of the sections includes a terminator or terminator symbol. In another embodiment, the sections of the award distributor include a plurality of terminators or terminator symbols).
Regarding claim 5: Hughs-Baird et al discloses wherein the at least one of the award amounts of the selected award amount display sequence that is not displayed with any of the multipliers of the selected multiplier application sub-sequence or any other multipliers comprises a first plurality of the displayed award amounts of the selected award amount display sequence (see figure 3; paragraphs [0011], [0054], showing the bonus game includes an award distributor such as wheel 100 having a plurality of sections 102. An award symbol 104 is associated with each section 102, and at least one award is associated with each award symbol 104. In one embodiment, the awards are values such as the values illustrated on wheel 100 (i.e., 15, 50, 100, 5, 20, 10, 5 and 25). It should be appreciated that any suitable award may be used in the bonus game including, but not limited to, free games, free spins, multipliers and any combination therein. Additionally, in one embodiment, at least one of the sections includes a terminator or terminator symbol. In another embodiment, the sections of the award distributor include a plurality of terminators or terminator symbols).
Regarding claim 6: Hughs-Baird et al discloses wherein the at least one of the award amounts of the selected award amount display sequence that is not displayed with any of the multipliers of the selected multiplier application sub-sequence or any other multipliers comprises a last plurality of the displayed award amounts of the selected award amount display sequence (see figure 3; paragraphs [0011], [0054], showing the bonus game includes an award distributor such as wheel 100 having a plurality of sections 102. An award symbol 104 is associated with each section 102, and at least one award is associated with each award symbol 104. In one embodiment, the awards are values such as the values illustrated on wheel 100 (i.e., 15, 50, 100, 5, 20, 10, 5 and 25). It should be appreciated that any suitable award may be used in the bonus game including, but not limited to, free games, free spins, multipliers and any combination therein. Additionally, in one embodiment, at least one of the sections includes a terminator or terminator symbol. In another embodiment, the sections of the award distributor include a plurality of terminators or terminator symbols).
Regarding claims 7 and 18: Hughs-Baird et al discloses wherein the second quantity is half of the first quantity (see paragraph [0021], showing the lose partial symbol reduces the player's total award such as by one-third or in half or decreases another element in the game such as the multiplier or the number of activations or spins provided to the player).
Regarding claims 8 and 19: Hughs-Baird et al discloses wherein the second quantity is more than one but less than half of the first quantity (see paragraph [0021], showing the lose partial symbol reduces the player's total award such as by one-third or in half or decreases another element in the game such as the multiplier or the number of activations or spins provided to the player).
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
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 ADETOKUNBO OLUSEGUN TORIMIRO whose telephone number is (571)270-1345. The examiner can normally be reached Mon-Fri (8am - 4pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at (571)270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
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