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 02/02/2026.
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 1-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to organizing human activity in the form of fundamental economic activities directed to hedging (wagering games are recognized as a form of hedging) and a mental step without significantly more. As per step 1 examiner recognizes the claims are directed towards a method for operating a gaming system comprising computing hardware. As per step 2A the claim(s) recite(s) “displaying, by a display device, a random symbol at each of a random quantity of active symbol display positions associated with a plurality of reels, wherein a size of each of the plurality of reels is constant independent of the random quantity of active symbol display positions associated with that reel, and after each of the random symbols is displayed at each of the random quantity of active symbol display positions, responsive to any of the random symbols displayed at any of the active symbol display positions for a requisite number of the plurality of reels forming a string of related symbols corresponding to a designated symbol combination, displaying, by the display device, a result, wherein each formed string of related symbols includes one symbol for each reel and the requisite number of adjacent reels is at least two.” teaches a slot game comprising a random quantity of symbol positions in a matrix of symbol positions wherein the matrix is a constant size and a string of random symbols is formed in order to determine an award associated with the string. Further dependent claims include additional rules regarding the matrix and forming of strings of symbols. As per the organizing human activity in the form of hedging see language regarding “different wager amounts” in claims 6 and 17 which reads on the game being a wagering game regarding a player submitting a wager which is a form of financial risk which the courts recognize as a form of hedging. As per the mental steps see the steps “responsive to” and “responsively” regarding rules applied based on symbols appearing the game. This is the mental step of observing a state of a game and applying a corresponding rule which is a step that can be done mentally. For example determining what string of symbols to form and what award to provide. Further this is the basic mental step found in gaming wherein combination of symbols, such as cards, are formed together to determine an outcome in the game. Applicant’s amendment has removed language regarding gaming however examiner recognizes the rules remain wherein steps occur based on symbol outcomes which is a form of gaming. See slot games for example. This judicial exception is not integrated into a practical application because a form of hedging and a mental process in the form of game rules. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because determining result for hedging based on random determination or performing a mental step based on a displayed outcome. Specifically observing the state of the game and applying a rule accordingly remains a mental step and no recited steps beyond conventional feature or extra solution activity are recited that cannot be performed in the mind. Specifically following rules can be performed in the mind. Additional elements are addressed below regarding the display and hardware portions.
As per step 2B examiner recognizes that additional elements are directed to conventional activities or extra solution activity. See below.
Limitation “method of operating a gaming system, the method comprising: for a play of a game: displaying, by a display device, a random symbol at each of a random quantity of active symbol display positions associated with a plurality of reels”, and other associated hardware and computer steps. The hardware elements are commonly found in the gaming art related to electronic slot machines or wagering terminals and therefore are no more than a generic recitation of computer hardware elements including network elements and therefore does not provide a practical application that amounts to more than the identified abstract idea. 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 conventional activities well-understood in the art. See Acres (US Pub. No. 2012/0172107 A1) teaches within the electronic gaming art the use of a random number generator to determine numbers for specific reel stop positions in order to determine an outcome which is evaluated if it is a winning combination of symbols appearing on a played payline (paragraph [0073]). Specifically it is conventional to communicate data to output to a user comprising animated spinning of a wager determining device (which would include reels or wheels) or static images to communicate an outcome and award due as well as the state of the game. Therefore these limitations do not provide a practical application. Further the means of displaying graphics and animations regarding a result or state of the game are conventional to the art and is directed towards extra solution activity as being a means to output information without changing the identified mental steps above. This includes the act of displaying particular animations or image regarding an outcome including variable matrix of symbol positions since these display steps are extra solution activity and directed to the outputting of data to inform a player which is conventional to the art. This would include display or animation steps regarding changing wagering tiers or symbols displayed since these are display steps related to the outcome or communicating the state of the game. Therefore the hardware and animation features do not provide a practical application.
Response to Arguments
Applicant's arguments filed 02/02/2026 have been fully considered but they are not persuasive. Applicant argues against the previous 101 rejection regarding the amendments overcoming the organizing human activity and mental step exceptions. Regarding human activity examiner recognizes that awarding and wagering language has been removed from some of the claims however applicant is directed towards language remaining in claims 6 and 17. Therefore this exception is still relevant for the two indicated dependent claims. Applicant argues that the amended claims do not recite a mental step because the limitations are directed towards randomness which cannot be performed mentally but is instead part of the process. See above updated rejection addressing changes in amendments. Regarding randomness this is address in step 2B as being conventional to games and therefore the mental step portion, which is the identified response steps, still remains and is not overcome under step 2B.
Applicant further includes an argument for a practical application regarding increasing the random ways to win on a GUI while not increasing the size of the reel. Applicant does not make clear why this is a technical improvement that would go beyond the displaying of a game outcome image within the already understood constraints of a display. All images displayed are within the constraints of a display. Clarification is request how applicant’s invention provide a practical application regarding this feature that improves on the technical function of the machine. Regarding the increase in randomness of the game this reads as a rule for a game and not as a recognized practical application. Specifically increasing the number of potential random generations, such as cards or symbol positions, is directed to a change in the rule of the game and therefore is a modification to a mental step. Increasing randomness do not go to an improvement in the function of the machine but instead is changing how to play a game. As per the GUI elements being improved as per the limitations this appears to be still outputting of an image to a game display and not a change in reduction of computer resources. Specifically outputting of an image to the screen which is conventional in nature and it is recognized that different number of reel positions in a game are known in the art. Therefore it is unclear how this is a technology improvement which provided a practical application under step 2A since it is known to output different images regarding a game based on the games rules. Therefore the 101 is maintained at this time.
Conclusion
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 4/20/2026
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