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 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 mental steps without significantly more. As per step 1 examiner recognizes the claims are directed towards system and devices which performs the steps and a method which includes the use of computer elements including the use of artificial intelligence. Therefore step 1 is met. As per step 2A the claim(s) recite(s) “receiving, into a VR casino generation server, a VR casino generation event trigger that is based on VR casino related events; generating identified areas of the VR casino based on the VR casino relate events; generating VR casino areas that are identified; applying customizations that correspond to a customer to the VR casino areas to provide the VR casino model; publishing the VR casino model in response to a publication event; operating, by a player, the VR casino model; determining operation data corresponding to the VR casino model; analyzing the operation data to identify under performing areas and over performing areas; and regenerating the VR casino model using artificial intelligence based on the under performing areas and over performing areas.” which is directed to a method of customizing a virtual reality casino for a customer based on a trigger detection related to VR casino events including the step of using AI to determine and analyze operation data for under performing and over performing areas of the VR casino and further modifying based on the determination. Further dependent claims include clarification of casino events, how the VR model is generated, and the inclusion of a second player. Examiner recognizes that the bolded sections are directed to the mental step of customizing a game or virtual environment based on feedback and customer preferences. Specifically it is a mental step to analysis what parts of a game environment are popular and unpopular and make adjustments to unpopular portions to appeal to a customer. These are the actions performed by game developers to make adjustments to their games in order to maintain and increase their player counts. Additionally, as shown by Topham et al. (US Pub. No. 2008/0261699 A1) the action of tracking the use of games is known (paragraph [0044]) and that floor layout customization to increase usage is known in the art (paragraph [0065]). Topham further discusses a method of adjusting a floor layout of a casino based on tracked data to increase usage of underperforming game machines (abstract). This shows that it is known in the art to modify a casino in order to encourage use of underperforming game components and would therefore be a natural extension to a VR model where particular portions in a virtual casino are also underused. This would allow a developer to insure that more components are used by a customer thereby preventing a customer from becoming focused on only part of the game environment and thereby speeding up them becoming bored with the VR environment. The inclusion of an AI, as per claims 19-20, or machine, as per claim 1, do not include the additional computer steps that would go beyond a mental step since applicant’s customization and analysis steps can be performed mentally by a an individual. The inclusion of VR or computers goes towards conventional elements known in the art and therefore are addressed under step 2B. This judicial exception is not integrated into a practical application because the claims remain directed to steps of customization that can be performed mentally by a game developer. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the machine elements, such as AI, are recited as a high level of generality and therefore do not include the additional steps that would provide a practical application. Specifically at the moment the claims are directed towards the known method of developing or modifying a game environment, including for physical casinos, for the purpose of encouraging play without reciting the AI components that may overcome step 2A.
As per step 2B examiner recognizes that additional elements are directed to conventional activities or extra solution activity. See below.
Limitations directed towards VR, computer hardware, and AI are commonly found in the gaming art related to electronic gambling or other game play such as virtual environments. This includes the recitation of memory, processors, and displaying steps which are generically found in electronic gaming machine including the elements accepting wagers for the purpose of presenting an outcome and payout for the results. See US 6186894 B1 at col. 5, lines 25-38 regarding video slot reels including displaying outcomes and that the activity of spinning and producing random outcomes from a wagering game are convention activities well-understood in the art. Davey et al. (US Pub. No. 2023/0064652 A1) teaches the use of virtual reality or augmented reality as being conventional in gaming (paragraph [0001]). Therefore these limitations do not provide a practical application. Specifically the act of using virtual or augmented reality for gaming is conventional to the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gandhi et al. (US Pat. No. 11,948,108 B1) teaches the monitoring of changes in a game environment, including to determine underperforming and overperforming gaming machines, in order to make an adjustment to a gaming area based on the data.
Davey et al. (US Pub. No. 2023/0064652 A1) teaches the act of customizing a virtual world based on a particular player's priority of play.
Keilwert et al. (US Pub. No. 2021/0043031 A1) teaches a gaming system comprising using AI to modify user interface elements on a gaming device based on a customer.
Morton et al. (US Pub. No. 2018/0158281 A1) teaches a virtual casino.
Paulrajan et al. (US Pub. No. 2016/0155187 A1) teaches the use of a trigger, based on time, to implement customized virtual reality models such as the start of an event such as a concert.
Bond et al. (US Pub. No. 2011/0009193 A1) teaches the use of player data, such as biofeedback data, to determine modifications for a game environment.
Walker et al. (US Pub. No. 2003/0232640 A1) teaches the use of customization of a game in order to achieve maximum rate of a play based on monitored data related to play.
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.
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/JUSTIN L MYHR/ Primary Examiner, Art Unit 3715 1/22/2026