Prosecution Insights
Last updated: April 19, 2026
Application No. 18/529,823

MODIFYING DIGIT SETS BASED ON INDICATORS

Final Rejection §103
Filed
Dec 05, 2023
Examiner
MYHR, JUSTIN L
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Igt
OA Round
2 (Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
2y 9m
To Grant
94%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
532 granted / 835 resolved
-6.3% vs TC avg
Strong +30% interview lift
Without
With
+30.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
37 currently pending
Career history
872
Total Applications
across all art units

Statute-Specific Performance

§101
20.1%
-19.9% vs TC avg
§103
37.9%
-2.1% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 835 resolved cases

Office Action

§103
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 . Response to Amendment This office action is in response to amendments filed on 01/14/2026. Claim Rejections - 35 USC § 103 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouvier (US Pub. No. 2024/0378945 A1) in view of Louie et al. (US Pub. No. 2013/0303260 A1 hereinafter referred to as Louie). As per claim 1, Bouvier teaches a gaming system (abstract) comprising: a processor (Fig. 2, item 42); and a memory device that stores a plurality of instructions (Fig. 2, items 44 and 46), that when executed by the processor, cause the processor to: cause a display, by a display device, of a digit set comprising a first digit position (Fig. 7, items 231 and 232 see credit value symbol which comprise a numeric value) and a second digit position (Fig. 7, item 706 and paragraph [0051] see flip symbol which is an indicator and comprises a numeric value which modifies a numeric value for a first digit position); cause a display, by the display device, of a first quantity of digits at the first digit position, the first quantity being at least one (Fig. 7, items 231 and 232 and paragraph [0037] see credit value symbols); cause a display, by the display device, of a digit increase indicator at the second digit position (Fig. 7, item 706 and paragraph [0051] see flip symbol which is an indicator and comprises a numeric value which modifies a numeric value for a first digit position); cause a display, by a display device, of an indication of the digit increase indicator moved to the first digit position (Fig. 8, items 231 and 232 and paragraph [0052] see flip indicator moving to the positions to indicate a change occurring which adds an additional award); cause a display, by a display device, of an increase of a second quantity of the digits at the first digit position based on the digit increase indicator moved to the first digit position, wherein the second quantity is at least one, and wherein after the increase a third quantity of digits is displayed at the first digit position, the third quantity being at least one (Figs. 9-11, items 231 and 232 and paragraphs [0052]-[0053] a new random value is determined which, as shown by the values on other credit value symbols, can include determining a higher value which comprises more digits or fewer since the symbol being flipped can be valued at “20” (paragraph [0053]) and higher values such as “250” are available.); cause a display, by a display device, of a fourth quantity of replacement digits at the second digit position, the fourth quantity being at least one (paragraph [0052] different numeric values can be applied to the flip symbol meaning more flips will occur to modify the digits of the first position); and cause a display, by a display device, of a combination of the third quantity of digits displayed at the first digit position and of the fourth quantity of replacement digits at the second digit position such that the third quantity of digits and the fourth quantity of digits form a fifth quantity of digits, and an amount based on the combination (Figs. 9-11, items 231 and 232 and paragraphs [0052]-[0053] amount is based on the number of flips with multiple flips being possible). Bouvier does not teach the feature of the digits being in the same row. However, Louie teaches a slot game (abstract) wherein the feature array (Fig. 4, items 110b and 110c) is adjacent to the sides of the array of reels (Fig. 4, item 110a) to be modified (Fig. 6 and paragraphs [0034]-[0036] the feeder arrays are considered feature arrays that provide a feature to the primary array in the middle and modify the positions based on an outcome in the game) including at least some affecting the same row as the feature array position (Fig. 6, see 114f to 114a at least with the top symbols. While random at least some of the display features would read on same row modification). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Bouvier with Louie, since Louie shows that a display layout can include placing a feature array in a vertical layout next to the primary array and allow mapping symbols from positions in the feature array to position in the same row on the primary array. Therefore determining where to place the feature array is a design choice based on the desired aesthetic of the game including where a designer may wish to avoid cluttering the top of the game or may desire to have at least some row to row interaction instead of columns thereby presenting a different feel for modification. As per claim 8, Bouvier teaches a gaming system (abstract) comprising: a processor (Fig. 2, item 42); and a memory device that stores a plurality of instructions (Fig. 2, items 44 and 46), that when executed by the processor, cause the processor to: cause a display, by a display device, of a digit set comprising a first digit position (Fig. 7, items 231 and 232 see credit value symbol which comprise a numeric value) a second digit position (Fig. 7, item 702 and paragraph [0051] see flip symbol which is an indicator and comprises a numeric value which modifies a numeric value for a first digit position), and a third digit position (Fig. 7, item 706 and paragraph [0051] see second flip symbol); cause a display, by the display device, of a first quantity of digits at the first digit position, the first quantity being at least one (Fig. 7, items 231 and 232 and paragraph [0037] see credit value symbols); cause a display, by the display device, of a first digit increase indicator at the second digit position (Fig. 7, item 702 and paragraph [0051] see flip symbol which is an indicator and comprises a numeric value which modifies a numeric value for a first digit position); cause a display, by the display device, of a second digit increase indicator at the third digit position (Fig. 7, item 706 and paragraph [0051] see second flip symbol); cause a display, by a display device, of an indication of the first digit increase indicator moved to the first digit position (Fig. 8, items 231 and 232 and paragraph [0052] see flip indicator moving to the positions to indicate a change occurring which adds an additional award); cause a display, by a display device, of a first increase of a second quantity of the digits at the first digit position based on the digit increase indicator moved to the first digit position, wherein the second quantity is at least one, and wherein after the increase a third quantity of digits is displayed at the first digit position (Figs. 9-11, items 231 and 232 and paragraphs [0052]-[0053] a new random value is determined which, as shown by the values on other credit value symbols, can include determining a higher value which comprises more digits or fewer since the symbol being flipped can be valued at “20” (paragraph [0053]) and higher values such as “250” are available.); cause a display, by a display device, of a fourth quantity of replacement digits at the second digit position, the fourth quantity being at least one (paragraph [0052] different numeric values can be applied to the flip symbol meaning more flips will occur to modify the digits of the first position); thereafter, cause a display, by a display device, of an indication of the second digit increase indicator moved to the first digit position (Figs. 10-11, items 231 and 232 and paragraph [0052] see flip indicator moving to the positions to indicate a change occurring which adds an additional award); cause a display, by a display device, of a second increase of a fifth quantity of the digits at the first digit position based on the second digit increase indicator moved to the first digit position, wherein the fifth quantity is at least one, and wherein after the increase a sixth quantity of digits is displayed at the first digit position, wherein the sixth quantity is at least one (Figs. 9-11, items 231 and 232 and paragraphs [0052]-[0053] a new random value is determined which, as shown by the values on other credit value symbols, can include determining a higher value which comprises more digits or fewer since the symbol being flipped can be valued at “20” (paragraph [0053]) and higher values such as “250” are available.); cause a display, by a display device, of a seventh quantity of replacement digits at the third digit position, the seventh quantity being at least one (Figs. 9-11, items 231 and 232 and paragraphs [0052]-[0053] a new random value is determined which, as shown by the values on other credit value symbols, can include determining a higher value which comprises more digits or fewer since the symbol being flipped can be valued at “20” (paragraph [0053]) and higher values such as “250” are available.); and cause a display, by a display device, of a combination of the sixth quantity of digits displayed at the first digit position, the fourth quantity of replacement digits at the second digit position, the seventh quantity of replacement digits at the third digit position such that the sixth quantity of digits, the fourth quantity of digits, and the seventh quantity of digits form an eight quantity of digits, and an amount based on the combination (Figs. 9-11, items 231 and 232 and paragraphs [0052]-[0053] amount is based on the number of flips with multiple flips being possible). Bouvier does not teach the feature of the digits being in the same row. However, Louie teaches a slot game (abstract) wherein the feature array (Fig. 4, items 110b and 110c) is adjacent to the sides of the array of reels (Fig. 4, item 110a) to be modified (Fig. 6 and paragraphs [0034]-[0036] the feeder arrays are considered feature arrays that provide a feature to the primary array in the middle and modify the positions based on an outcome in the game) including at least some affecting the same row as the feature array position (Fig. 6, see 114f to 114a at least with the top symbols. While random at least some of the display features would read on same row modification). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Bouvier with Louie, since Louie shows that a display layout can include placing a feature array in a vertical layout next to the primary array and allow mapping symbols from positions in the feature array to position in the same row on the primary array. Therefore determining where to place the feature array is a design choice based on the desired aesthetic of the game including where a designer may wish to avoid cluttering the top of the game or may desire to have at least some row to row interaction instead of columns thereby presenting a different feel for modification. As per claim 15, Bouvier teaches a gaming system (abstract) comprising: a processor (Fig. 2, item 42); and a memory device that stores a plurality of instructions (Fig. 2, items 44 and 46), that when executed by the processor, cause the processor to: cause a display, by a display device, of a digit set comprising a first digit position (Fig. 7, items 231 and 232 see credit value symbol which comprise a numeric value), a second digit position (Fig. 7, item 702 and paragraph [0051] see flip symbol which is an indicator and comprises a numeric value which modifies a numeric value for a first digit position), and a third digit position (Fig. 7, items 231 and 232 see credit value symbol which comprise a numeric value); cause a display, by the display device, of a first quantity of digits at the first digit position, the first quantity being at least one (Fig. 7, items 231 and 232 and paragraph [0037] see credit value symbols); cause a display, by the display device, of a first digit increase indicator at the second digit position (Fig. 7, item 702 and paragraph [0051] see flip symbol which is an indicator and comprises a numeric value which modifies a numeric value for a first digit position); cause a display, by the display device, of a second quantity of digit at the third digit position (Fig. 7, items 231 and 232 see credit value symbol which comprise a numeric value); cause a display, by a display device, of an indication of the first digit increase indicator moved to the first digit position (Fig. 8, items 231 and 232 and paragraph [0052] see flip indicator moving to the positions to indicate a change occurring which adds an additional award); cause a display, by a display device, of an increase of a third quantity of the digits at the first digit position based on the first digit increase indicator moved to the first digit position, wherein the third quantity is at least one, and wherein after the increase a fourth quantity of digits are displayed at the first digit position (Figs. 9-11, items 231 and 232 and paragraph [0052] see flip indicator moving to the positions to indicate a change occurring which adds an additional award); cause a display, by a display device, of a fifth quantity of replacement digits at the second digit position, the fifth quantity being at least one (Figs. 9-11, items 231 and 232 and paragraph [0052] see flip indicator moving to the positions to indicate a change occurring which adds an additional award); and cause a display, by a display device, of a combination of the third quantity of digits displayed at the first digit position, the fifth quantity of replacement digits at the second digit position, the second quantity of digits at the third digit position such that the third quantity of digits, the fifth quantity of digits, and the second quantity of digits form a sixth quantity of digits, and an amount based on the combination (Figs. 9-11, items 231 and 232 and paragraphs [0052]-[0053] amount is based on the number of flips with multiple flips being possible). Bouvier does not teach the feature of the digits being in the same row. However, Louie teaches a slot game (abstract) wherein the feature array (Fig. 4, items 110b and 110c) is adjacent to the sides of the array of reels (Fig. 4, item 110a) to be modified (Fig. 6 and paragraphs [0034]-[0036] the feeder arrays are considered feature arrays that provide a feature to the primary array in the middle and modify the positions based on an outcome in the game) including at least some affecting the same row as the feature array position (Fig. 6, see 114f to 114a at least with the top symbols. While random at least some of the display features would read on same row modification). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Bouvier with Louie, since Louie shows that a display layout can include placing a feature array in a vertical layout next to the primary array and allow mapping symbols from positions in the feature array to position in the same row on the primary array. Therefore determining where to place the feature array is a design choice based on the desired aesthetic of the game including where a designer may wish to avoid cluttering the top of the game or may desire to have at least some row to row interaction instead of columns thereby presenting a different feel for modification. As per claims 2, 9, and 16, Bouvier teaches a gaming system wherein the first quantity is greater than the second quantity (Figs. 9-11, items 231 and 232 and paragraphs [0052]-[0053] a new random value is determined which, as shown by the values on other credit value symbols, can include determining a higher value which comprises more digits or fewer since the symbol being flipped can be valued at “20” (paragraph [0053]) and higher values such as “250” are available.). As per claim 3, 10, and 17, Bouvier teaches a gaming system wherein the third quantity is greater than the first quantity (Figs. 9-11, items 231 and 232 and paragraphs [0052]-[0053] a new random value is determined which, as shown by the values on other credit value symbols, can include determining a higher value which comprises more digits or fewer since the symbol being flipped can be valued at “20” (paragraph [0053]) and higher values such as “250” are available.). As per claims 4 and 11, Bouvier teaches a gaming system wherein the fourth quantity is one (Fig. 7, items 702 and 706). As per claims 5 and 12, Bouvier teaches a gaming system wherein each of the replacement digit is predetermined (paragraph [0053] a total award is determined before the replacement and the values set are based on the award amount divided among the flips). As per claims 6 and 13, Bouvier teaches a gaming system wherein each of the replacement digit is zero (paragraph [0053] different values are used). As per claim 7, Bouvier teaches a gaming system wherein the first quantity is two and the second quantity is two (Figs. 7-11 various values can be set for the quantities). As per claim 14, Bouvier teaches a gaming system wherein the first, second, and fifth quantities are two (Figs. 7-11 various values can be set for the quantities). As per claim 18, Bouvier teaches a gaming system wherein the fifth quantity is one, is predetermined, and is zero (paragraph [0053] a total award is determined before the replacement and the values set are based on the award amount divided among the flips). As per claim 19, Bouvier does not specifically teach a gaming system wherein the second position is between the first position and the third position. However, it would have been obvious to one of ordinary skill in the art that the positions used for where the flip symbols occur and what values are being modified is a design choice for a GUI setup and therefore modifying the placement, such as putting the flip symbols between reels or around reels, would have been an obvious design choice based on the desired look of the game. Specifically this is a design feature. As per claim 20, Bouvier does not specifically teach a gaming system wherein the third position is between the first position and the second position. However, it would have been obvious to one of ordinary skill in the art that the positions used for where the flip symbols occur and what values are being modified is a design choice for a GUI setup and therefore modifying the placement, such as putting the flip symbols between reels or around reels, would have been an obvious design choice based on the desired look of the game. Specifically this is a design feature. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant argues that amendments regarding the use of row overcomes the previous rejection. See above for newly cited prior art. Additionally examiner notes while a slot game is focused upon since this reads most closely to applicant’s disclosure the claims would also potentially read on a digital calculator which is well-known. Applicant is recommended to include display features that both clarify away from the cited prior art and include more of the game elements to differ from a basic calculator. For example the game symbols which are not digits also being displayed and clarifying the use of game reels with those symbols. Conclusion THIS ACTION IS MADE FINAL. 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 JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JUSTIN L MYHR/ Primary Examiner, Art Unit 3715 3/20/2026
Read full office action

Prosecution Timeline

Dec 05, 2023
Application Filed
Oct 22, 2025
Non-Final Rejection — §103
Jan 14, 2026
Response Filed
Mar 20, 2026
Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
64%
Grant Probability
94%
With Interview (+30.3%)
2y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 835 resolved cases by this examiner. Grant probability derived from career allow rate.

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