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 .
Information Disclosure Statement
The information disclosure statement entered March 18th, 2024 has been considered. A copy of the cited statement(s) including the notation indicating its respective consideration is attached for the Applicant's records.
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 as a whole, considering all claim elements both individually and in combination, is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
As summarized in MPEP § 2106, subject matter eligibility is determined based on a Two-Part Analysis for Judicial Exceptions. In Step 1, it must be determined whether the claimed invention is directed to a process, machine, manufacture or composition of matter. The instant application includes claims concerning a method (i.e., a process) in claims 1-13 and a system (i.e., a machine) in claims 14-20.
In Prong 1 of Step 2A, it must be determined whether the claimed invention recites an Abstract Idea, Law of Nature or a Natural Phenomenon.
In particular exemplary presented claim 1 includes the following underlined claim elements:
1. A method comprising:
detecting, by an electronic processor of a gaming machine in response to user input, a request to reconfigure a portion of a setting of a progressive jackpot while the progressive jackpot is in progress;
storing, by the electronic processor in a memory of the gaming machine, gaming data associated with use of the setting; and
enabling, by the electronic processor in response to storing the gaming data and while the progressive jackpot remains in progress, reconfiguration of the portion of the setting without requiring reconfiguration of an additional portion of the setting.
The claim elements underlined above, concern the court enumerated abstract ideas of Mental Processes including observation, evaluation, and judgement because the claims are directed to series of steps for observing a an input, evaluating if the input is directed to the modification of a game setting, and making a judgement to enact the same without modification of additional settings as well as Certain Methods of Organizing Human Activity including commercial interactions involving business relations and sales activities, and managing personal behavior including interactions between people including social activities and following rules or instructions because the claims set forth the interactions involving one or more parties in the context of implementing modification to game awards.
As the exemplary claim recites an Abstract Idea, Law of Nature or a Natural Phenomenon it is further considered under Prong 2 of Step 2A to determine if the claim recites additional elements that would integrate the judicial exception into a practical application. Wherein the practical applications are set forth by MPEP §2106.05(a-c,e) are broadly directed to: the improvement in technology, use of a particular machine and applying or using the judicial exception in a meaningful way beyond generally linking the use thereof to a technology environment. Limitations that explicitly do not support the integration of the judicial exception in to a practical application are defined by MPEP 2106.05(f-h) and include merely using a computer to implement the abstract idea, insignificant extra solution activity, and generally linking the use of the judicial exception to a particular technology environment or field of use.
With respect to the above the claimed invention is not integrated into a practical application because it does not meet the criteria of MPEP §2106.05(a-c,e) and although it is performed on an electronic processor, a gaming machine, and a memory it is not directed to a particular machine because the hardware elements are not linked to a specific device/machine and would reasonably include other devices such as generic computers, smart phones, game consoles, and the like. Accordingly, the claims limitations are not indicative of the integration of the identified judicial exception into a practical application, and the consideration of patent eligibility continues to step 2B.
Step 2B requires that if the claim encompasses a judicially recognized exception, it must be determined whether the claimed invention recites additional elements that amount to significantly more than the judicial exception. The additional element(s) or combination of elements in the claim(s) other than the abstract idea(s) per se including an electronic processor, a gaming machine, and a memory amount(s) to no more than: (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structures that serves to perform generic computer functions that are well-understood, routine, and conventional activities previously known to the pertinent industry per the applicant’s description (Applicant’s specification Paragraphs [0023], [0030], [0039], [0049], [0058]-[0062]). Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself.
Accordingly, as presented the claimed invention when considered as a whole amounts to the mere instructions to implement an abstract idea [i.e. software or equivalent process steps] on a generic computer [i.e. controller or processor] without causing the improvement of the generic computer or another technology field.
The applicant’s specification is further noted as supporting the above rejection wherein neither the abstract idea nor the associated generic computer structure as claimed are disclosed as improving another technological field, improvements to the function of the computer itself, or meaningfully linking the use of an abstract idea to a particular technological environment (Applicant’s specification Paragraphs [0023], [0030], [0039], [0049], [0058]-[0062]). In particular the applicant’s specification only contains computing elements which are conventional and generally widely known in the field of the invention described, and accordingly their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art per the requirements of 37 CFR 1.71. Were these elements of the applicant’s invention to be presented in the future as non-conventional and non-generic involvement of a computing structure, such would stand at odds with the disclosure of the applicant's invention as found in their specification as originally filed.
“[I]f a patent’s recitation of a computer amounts to a mere instruction to ‘implemen[t]’ an abstract idea ‘on . . .a computer,’ . . . that addition cannot impart patent eligibility.” Alice, 134 S. Ct. at 2358 (quoting Mayo, 132S. Ct. at 1301). In this case, the claims recite a generic computer implementation of the covered abstract idea.
The remaining presented claims 2-20 incorporate substantially similar abstract concepts as noted with respect to the exemplary claim 1, while the additional elements recited by the additional claims including one or more of an electronic processor, a gaming machine, and a memory and a ticket as respectively presented in certain claims that when considered both individually and as a whole in the respective combinations of each of the additional claims are not sufficient to support patent eligibility under prong 2 of step 2A or step 2B because they each present substantially similar abstract concepts as noted with reflection to exemplary claim 1 above and accordingly for the same reasons set forth above with respect to the exemplary claim 1 are similarly directed to or otherwise include abstract ideas.
Therefore, the listed claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
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 1-4, 6-9, 12, and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baerlocher et al US 7,666,094).
Claim 1: Baerlocher teaches a method comprising:
detecting, by an electronic processor of a gaming machine in response to user input, a request to reconfigure a portion of a setting of a progressive jackpot while the progressive jackpot is in progress (Baerlocher Abstract; Figures 1B, 2A, 4; element 206);
storing, by the electronic processor in a memory of the gaming machine, gaming data associated with use of the setting (-Player input data is stored- Baerlocher Col 15: 5-29; Figure 2A); and
enabling, by the electronic processor in response to storing the gaming data and while the progressive jackpot remains in progress, reconfiguration of the portion of the setting without requiring reconfiguration of an additional portion of the setting (-Wherein responsive to the player selection they may receive the selected award or modify the likelihood of winning selected award without effecting the selection for the remaining game components- Baerlocher Abstract; figure 4; Elements 206, 212, 214, 218).
Claim 2: Baerlocher teaches the method of claim 1 further comprising enabling the reconfiguration of the portion of the setting without performing at least one of:
stopping progress of the progressive jackpot;
rebooting the gaming machine; or
deleting the memory of the gaming machine (-as the player input to reconfigure the prize occurs during game play it is understood as inherent that such does not require any of the listed elements- Baerlocher Abstract; Col 5:36-6:30).
Claim 3: Baerlocher teaches the method of claim 1 further comprising:
storing, by the electronic processor in the memory of the gaming machine prior to detecting the request, one or more first values for the portion of the setting; and
modifying, by the electronic processor in response to detecting the request, the one or more first values to be one or more second values while preventing modification of additional values for the setting (-Wherein responsive to the player selection they may receive the selected award or modify the likelihood of winning selected award without effecting the selection for the remaining game components- Baerlocher Abstract; figure 4; Elements 206, 212, 214, 218).
Claim 4: Baerlocher teaches the method of claim 3, wherein the storing the gaming data comprises:
storing, by the electronic processor while the portion of the setting is set to the one or more first values, a first snapshot of the gaming data made by one or more gaming machines linked to the progressive jackpot, wherein the one or more gaming machines comprise the gaming machine; and
storing, by the electronic processor while the portion of the setting is set to the one or more second values, a second snapshot of the gaming data made by the one or more gaming machines, wherein the second snapshot of the gaming data is stored after the first snapshot of the gaming data and while the progressive jackpot is in progress (-Understood as equivalent to recording various progressive contribution amounts- Baerlocher Col 28:18-34 & 30:58-31:39).
Claim 6: Baerlocher teaches the method of claim 4, wherein the first snapshot comprises one or more first accounting records that specify one or more first contributions, of one or more first wagers, made to the progressive jackpot based on the one or more first values, and wherein the second snapshot comprises one or more second accounting records that specify one or more second contributions, of one or more second wagers, made to the progressive jackpot based on the one or more second values. (-more frequently awarded progressive awards are maintained by the individual gaming devices and the higher valued, less frequently awarded progressive awards are maintained by the central server & contribution amounts further vary on wager amounts as described- Baerlocher Col 28:18-34 & 30:58-31:39).
Claim 7: Baerlocher teaches the method of claim 4, wherein the one or more gaming machines comprise a plurality of gaming machines that utilize the setting concurrently for the progressive jackpot (-The machine each accrue progressive amount concurrently based on respective settings/game play- Baerlocher Col 28:18-34 & 30:58-31:39).
Claim 8: Baerlocher teaches the method of claim 7, further comprising:
generating, by the electronic processor, the first snapshot in response to detecting one or more first wagers made collectively by the plurality of gaming machines while the progressive jackpot is in progress (-Understood as equivalent to recording various progressive contribution amounts- Baerlocher Col 28:18-34 & 30:58-31:39); and
generating, by the electronic processor, the second snapshot in response to detecting one or more second wagers made collectively by the plurality of gaming machines while the progressive jackpot is in progress (-Understood as equivalent to recording various progressive contribution amounts- Baerlocher Col 28:18-34 & 30:58-31:39).
Claim 9: Baerlocher teaches the method of claim 1, further comprising determining, by the electronic processor prior to enabling the reconfiguration of the portion of the setting, that one or more criteria are satisfied for authorization of the reconfiguration of the portion of the setting (-Understood as equivalent to requiring the plyer to have placed a wager in order to subsequently participate in game selection feature- Baerlocher Col 1:30-59; 18:53-19:25; 22:65-23:15).
Claim 12: Baerlocher teaches the method of claim 1, further comprising preventing, by the electronic processor, either a decrease or subtraction to the portion of the setting (-Player input data is stored but not deceased- Baerlocher Col 15: 5-29).
Claim 14: Baerlocher teaches a system comprising:
a memory of a gaming machine(Baerlocher Figure 2A;); and
an electronic processor, of the gaming machine(Baerlocher Figures 1B, 2A;), said electronic processor configured to execute instructions, which when executed, cause the system to perform operations to:
detect, in response to user input, a request to reconfigure a portion of a setting of a progressive jackpot while the progressive jackpot is in progress (Baerlocher Abstract; figure 4; element 206);
determine, prior to enabling reconfiguration of the portion of the setting, that one or more criteria are satisfied for authorization of reconfiguration of the portion of the setting (-Understood as equivalent to requiring the plyer to have placed a wager in order to subsequently participate in game selection feature- Baerlocher Col 1:30-59; 18:53-19:25; 22:65-23:15); and
in response to determination that the one or more criteria are satisfied, enable, without stopping the progressive jackpot, the reconfiguration of the portion of the setting while preventing reconfiguration of an additional portion of the setting (-Wherein responsive to the player selection they may receive the selected award or modify the likelihood of winning selected award without effecting the selection for the remaining game components- Baerlocher Abstract; figure 4; Elements 206, 212, 214, 218).
Claim 15: Baerlocher teaches the system of claim 14, wherein the electronic processor is further configured to execute instructions, which when executed, cause the system to perform operations to enable the reconfiguration of the portion of the setting without performing one or more of rebooting the gaming machine or deleting the memory of the gaming machine (-as the player input to reconfigure the prize occurs during game play it is understood as inherent that such does not require any of the listed elements- Baerlocher Abstract; Col 5:36-6:30).
Claim 16: Baerlocher teaches the system of claim 14, wherein the instructions which cause the system to determine that the one or more criteria are satisfied includes instructions, which when executed, cause the system to:
store, in the memory of the gaming machine, one or more snapshots of gaming data associated with use of the setting; and
enable the reconfiguration of the portion of the setting in response to storage of the one or more snapshots of gaming data (-Wherein responsive to the player selection they may receive the selected award or modify the likelihood of winning selected award without effecting the selection for the remaining game components- Baerlocher Abstract; figure 4; Elements 206, 212, 214, 218).
Claim 17: Baerlocher teaches the system of claim 16, wherein the electronic processor is further configured to execute instructions, which when executed, cause the system to perform operations to:
store, in the memory of the gaming machine prior to detection of the request, one or more first values for the portion of the setting;
modify, in response to detection of the request, the one or more first values to be one or more second values; and
prevent modification of one or more additional values for the setting (-Wherein responsive to the player selection they may receive the selected award or modify the likelihood of winning selected award without effecting the selection for the remaining game components- Baerlocher Abstract; figure 4; Elements 206, 212, 214, 218).
Claim 18: Baerlocher teaches the system of claim 17, wherein a first snapshot of the one or more snapshots of gaming data comprises one or more first accounting records that specify one or more first contributions, of one or more first wagers, made, by one or more gaming machines linked to the progressive jackpot based on the one or more first values, and
wherein a second snapshot of the one or more snapshots of gaming data comprises one or more second accounting records that specify one or more second contributions, of one or more second wagers, made by the one or more gaming machines linked to the progressive jackpot based on the one or more second values (-more frequently awarded progressive awards are maintained by the individual gaming devices and the higher valued, less frequently awarded progressive awards are maintained by the central server & contribution amounts further vary on wager amounts as described- Baerlocher Col 28:18-34 & 30:58-31:39)
.
Conclusion
The following prior art is made of record and though not relied upon is considered pertinent to applicant's disclosure.
Nelson et al (US 2021/0019995) teaches a gaming system and method for modifying awards based on a sporting event.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E MOSSER whose telephone number is (571)272-4451. The examiner can normally be reached M-F 6:45-3:45.
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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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ROBERT E. MOSSER
Primary Examiner
Art Unit 3715
/ROBERT E MOSSER/
Primary Examiner, Art Unit 3715