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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 10, 11, 12 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Vann (pub. no. 20160314661).
Regarding claim 1, Vann discloses a gaming device comprising: at least one memory with instructions stored thereon; and at least one processor in communication with the at least one memory (“Turning now to FIG. 2, there is shown a block diagram of the gaming-machine architecture. The gaming machine 10 includes game-logic circuitry 40 securely housed within a locked box inside the gaming cabinet 12 (see FIG. 1). The game-logic circuitry 40 includes a central processing unit (CPU) 42 connected to a main memory 44 that comprises one or more memory devices. The CPU 42 includes any suitable processor(s), such as those made by Intel and AMD. By way of example, the CPU 42 includes a plurality of microprocessors including a master processor, a slave processor, and a secondary or parallel processor. Game-logic circuitry 40, as used herein, comprises any combination of hardware, software, or firmware disposed in or outside of the gaming machine 10 that is configured to communicate with or control the transfer of data between the gaming machine 10 and a bus, another computer, processor, device, service, or network. The game-logic circuitry 40, and more specifically the CPU 42, comprises one or more controllers or processors and such one or more controllers or processors need not be disposed proximal to one another and may be located in different devices or in different locations. The game-logic circuitry 40, and more specifically the main memory 44, comprises one or more memory devices which need not be disposed proximal to one another and may be located in different devices or in different locations. The game-logic circuitry 40 is operable to execute all of the various gaming methods and other processes disclosed herein. The main memory 44 includes a wagering-game unit 46. In one embodiment, the wagering-game unit 46 causes wagering games to be presented, such as video poker, video black jack, video slots, video lottery, etc., in whole or part”, [0034]),
wherein the instructions, when executed by the at least one processor, cause the at least one processor to: cause a display of a plurality of reels, each reel including a plurality of symbols for display therein including a plurality of value symbols (“FIG. 5 is a screen shot of a game screen from an exemplary wagering game in accordance with aspects of the present disclosure. Display device 114 displays or otherwise visually depicts a wagering game 132, which in this example is the slot game shown in FIG. 5. The slot game 132 includes a base-game segment comprising a plurality of symbol-bearing reels, represented herein by five simulated slot reels 135-139, each with a sequence of distinct reel positions (collectively represented by reel positions 140-144 in FIG. 5) occupied by a variety of different symbols (collectively represented by symbols 145-149 in FIG. 5). The symbols may include any variety of graphical symbols, emblems, elements, or representations, including symbols that are associated with one or more themes (e.g., an ELVIS® theme) of the gaming machine 110 or the gaming system 100. The reel symbols may also include a blank symbol or empty space.
Select symbols on each of the reels 135-139 are arranged in an array 134, which in this embodiment is a rectangular 12×5 matrix—twelve rows by five columns—of distinct array positions displayed via the display device 114 (60 total array positions in FIG. 5). Unlike a reel position, an array position is typically not borne by, nor movable with, a symbol-bearing reel. The reels 135-139 are varied (e.g., spun and stopped) to reveal combinations of symbols, which represent randomly selected outcomes of the wagering game 132, that are evaluated against predetermined award criterion. Winning combinations of symbols landing, for example, on activated paylines (e.g., those paylines for which a wager has been received), cause awards to be paid in accordance with one or more pay tables associated with the gaming machine 110. In some embodiments, winning combinations of symbols include three or more like symbols aligned adjacent one another on an active pay line (e.g., left-to-right configuration, right-to-left configuration, or both). In some embodiments, symbol combinations are evaluated in accord with various other schemes such as, but not limited to, scatter pays”, [0049] & [0050]);
cause a display of a mega reel that includes at least one mega symbol (“In contrast to the “standard-sized” symbols 145-149, each of which occupies a single reel position and operates to populate a single array position, and “clumped” symbols 152-156, each of which occupies multiple reel positions of a single reel and operates to populate multiple array positions of a single array column, a mega symbol (e.g., mega symbols 160-164 of FIGS. 7 and 8) is a single, enlarged symbol that operates to populate multiple vertically and laterally adjacent array positions of the array 134”, [0054]; ,
“A second example of a non-standard sized reel is a mega-symbol-bearing “king” reel. FIG. 8 illustrates four mega-symbol-bearing reels 171-174, each with a sequence of distinct reel positions occupied by a variety of mega symbols, such as mega symbols 160-164. Each of the illustrated mega-symbol-bearing reels 171-174 is operable to occupy multiple vertically adjacent array positions and multiple laterally adjacent array positions in neighboring rows and columns of the array 134. Similar to a mega symbol, for example, these king reels 171-174 are widened and extended to populate at least two adjacent array positions in each of at least two neighboring array columns when displayed in the array 134 (e.g., a 4×3 block of array positions)”, [0057])
wherein the at least one mega symbol is associated with an operation applied to the symbols displayed on the reels; using an output from a random number generator and a lookup within a lookup table, determine a mega symbol to display on the mega reel; and execute the operation associated with the mega symbol to affect the symbols displayed on the reels and an award provided therefrom (“An example of a randomly determined outcome of a MEGA ELVIS segment of the casino wagering game 134 is presented in FIG. 9. Electronic display device 114 is shown in FIG. 9 displaying the standard-sized reels 135, 139, non-standard-sized reels 171-174, and carriage 170 stopping to populate the array 134 with symbols and thereby reveal to a player the randomly determined outcome. The reels and carriage may be stopped in unison for some configurations whereas, for other configurations, each of the standard-sized reels 135, 139, non-standard-sized reels 171-174 and carriage 170 can be stopped sequentially, non-sequentially or in a random order after a lapse of some predetermined time. The outcome includes symbols borne by the standard-sized reels 135, 139 and symbols borne by the non-standard-sized reels 171-174 populating the distinct array positions arranged in the array 134. Prior to, contemporaneous with, or after stopping the reels, the randomly determined game outcome—i.e., the symbols populating the array 134—is evaluated to determine if the game outcome meets at least one predetermined award criterion. By way of non-limiting example, paylines traversing, for example, left-to-right across the reels are used to evaluate each outcome for winning symbol combinations. In FIG. 9, an active payline 196, which extends from the left-hand side of the array 134, through the first standard-sized reel 135, across the top-most non-standard-sized reel 171, and through the fifth standard-sized reel 139 to the right-hand side of the array 134, highlights a winning symbol combination comprising five sequentially aligned microphone symbols. Two of the five microphone symbols in the winning symbol combination are provided by the first and fifth standard-sized reels 135, 139, while three of said microphone symbols are provided by a microphone mega symbol 160 on the mega-symbol-bearing reel 171. Additional methods of evaluation, including those discussed above, may be employed when the non-standard-sized reels are triggered, including vertical evaluations, scatter evaluations, right-to-left evaluations, etc.
In at least some embodiments, the expanded multi-reel carriage 170 and the non-standard-sized reels 171-174 are indexed such that each and every mega symbol 160-164 of the mega-symbol-bearing reels 171-174, when part of a wagering-game outcome, can only land completely flush (i.e., in its entirety) in the array 134. As a non-limiting example, weighted probabilities assigned to the reel positions of each mega-symbol-bearing reel are configured such that a mega symbol, when part of one of the wagering-game outcomes, can only land in its entirety in the array. The embodiment illustrated in FIG. 9, for example, portrays each of the three 4×3 mega symbols 160, 162 and 165 landing completely flush in the array when the carriage 170 and reels 171-174 stop”, [0061] & [0062]).
Regarding claim 2, Vann discloses outputting a total credit value associated with all of the symbols displayed on the reels ([0061]).
Regarding claim 10, Vann discloses the mega reel has a height and a width dimension, and wherein one of the dimensions of the mega reel is greater than one of the dimensions of one of the plurality of reels (“Put another way, a mega symbol is widened and extended to populate at least two adjacent array positions in each of at least two neighboring array columns when displayed in the array 134. For at least some embodiments, a mega symbol has a minimum size of two-by-two array positions. By way of non-limiting example, microphone mega symbol 160 is shown in FIG. 8 as a single symbol that is configured to occupy four consecutive array positions in each of three neighboring columns of the array 134 (e.g., a 4×3 block of array positions). It should be readily appreciated that a mega symbol can take on other shapes (e.g., square, diamond, triangle, etc.), other sizes (e.g., sizes ranging from two-by-two array positions to the size of the entire array 134), and/or other locations within the array 134 than those illustrated in the Figures. Mega symbols may take on other forms, both symmetrical and asymmetrical as well, such as a mega symbol stretching four array columns and having a height of one array position in the first column, a height of two array positions in the second column, three in the third column, and two in the fourth column”, [0054]).
Regarding claim 11, Vann discloses cause the mega reel to be displayed in an area formerly occupied by two or more of the plurality of reels ([0057]).
Claims 12 & 13 are directed to the methods implemented by the devices of claims 1 & 2 respectively and are rejected for the same reasons as claims 1 & 2 respectively.
Claim 20 is directed to an article of manufacture containing code that is implemented by the device of claim 1 and is rejected for the same reasons as claim 1.
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.
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.
Claim(s) 3, 5-9, 14 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vann (pub. no. 20160314661) in view of Djemal et al. (pub. no. 20220262206).
Regarding claims 3, 5, 6, 7, 8 and 9 it is noted that Vann does not disclose a free spin bonus, output the total credit value again, at the end of a game, displaying new value symbols on a plurality of the reels, replace a value symbol or increase the value of a value symbol or increasing the value of a symbol. Djemal however teaches a multispin bonus game that outputs the total credit value again, at the end of a game, displaying new value symbols on a plurality of the reels, replace a value symbol or increase the value of a value symbol (“As additional coin symbols 30 appear in each free spin or play of the feature game 9, the bonus symbols 45a displayed in the bonus positions 40a to 40e change to different bonus symbols associated with game enhancing elements having a greater game play value. In this embodiment, the bonus symbols 45a change to reflect higher credit values where a coin symbol 30 appears in the reel associated with the bonus position 40 that displays for the bonus symbol. For example, in FIG. 6, the coin symbol 30 in appearing in the reel 12a causes the 1500 bonus symbol 45a in bonus position 40a to be replaced with the 2000 bonus symbol 45b, increasing the credit prize from 1500 credits to 2000 credits. Similarly, the coin symbol 30 in appearing in the reel 12b causes the bonus symbol 45 in bonus position 40a to change from 1500 to a 2500 bonus symbol 45c, increasing the credit prize from 1500 credits to 2500 credits. The single appearance of the coin symbol 30 in the reel 12e does not cause a change in the bonus symbol 45a shown in bonus position 40e, since it activates the bonus position 45e and reflects the credit prize available to be awarded for a single coin symbol in the reel 12e.
The increases in the game play values of the changing bonus symbols may be randomly determined by the electronic game controller 4 using the processor 4a and the random number generator 4e, or predetermined by game play values stored in the storage memory 4c. For example, there may be range of credit prize values from 200 up to 50000, a range of jackpots from mini, minor and major to grand jackpots or multipliers from ×2 up to ×15. Moreover, the bonus symbols 45 may change as the total number of coin symbols 30 appear on the reels 12, so that the game play values (such as credit prizes) in one bonus position 40 may be higher than the game play values in another bonus position 40 by virtue of a coin symbol 30 appearing on the reel associated with the bonus position later in the free spin or in a subsequent free spin or play of the feature game 9. For example, in FIG. 6, the coin symbol 30 may have appeared in the bottom game position 13c of the reel 12a first, followed by the coin symbol in the middle game position 13b of the reel 12b (this may occur where the reels 12 spin at different speeds so that each reel stops separately relative to the other reels or where each game position 13 has an independent reel strip to the other game positions, effectively making each game position a reel). This causes the bonus symbol 45 in the reel 12b to be higher in value (2500) to the bonus symbol 45b in the reel 12a, having a value of 2000. Additional coin symbols 30 appearing on the reels 12 in subsequent free spins of the feature game 9 will cause the bonus symbols 45 in the bonus positions 40 to jump to higher game play values”, [0124] & [0125]).
Exemplary rationales that may support a conclusion of obviousness include combining prior art elements according to known methods to yield predictable results. Here both, Vann and Djemal are directed to slot machines with bonus games. To add the free spin bonus game as taught by Djemal to the Vann invention would be to combine a prior art element according to a known method to yield a predictable result. Therefore, it would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to modify Vann to include the Djemal free spin game. To do so would provide an exciting outcome thereby inducing more wagering.
Claims 14 and 16-19 are directed to the methods implemented by the devices of claims 3 and 5-9 respectively and are rejected for the same reasons as claims 3 and 5-9 respectively.
Allowable Subject Matter
Claims 4 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE STEFAN GALKA whose telephone number is (571)270-1386. The examiner can normally be reached M-F 6-9 & 12-5.
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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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/LAWRENCE S GALKA/Primary Examiner, Art Unit 3715