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 a judicial exception. The claims will be analyzed with respect to the Subject Matter Eligibility Test at MPEP§2106.
Subject Matter Eligibility – Step 1 (see MPEP§2106.03)
The claims recite one of the four statutory categories of subject matter.
Subject Matter Eligibility – Step 2A Prong 1 (see MPEP§2106.04(a-c))
The claims recite abstract ideas in the following categories;
Methods of organizing human activity such as fundamental economic principles or practices (including hedging, insurance, mitigating risk) see specifically ii. rules for conducting a wagering game, In re Smith, 815 F.3d 816, 818-19, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016); (MPEP§2106.04(a)(2)II) (hereinafter “MOHA”).
The abstract ideas have been noted in the claims below.
Regarding claim 1, receive a credit input from a player for a base game (game rule regarding required conditions for gameplay); in response to receiving an input for initiating the base game (game rule regarding require conditions for gameplay), present a plurality of symbols on a plurality of reels (game rules regarding game elements), the plurality of symbols displayed in a first section (game rules regarding game element placement/user); based upon an amount of the credit input, award a time period for the player to qualify for participating in a community bonus game (game rules regarding gameplay progression); in response to at least one trigger symbol being displayed on the plurality of reels before the time period has expired, trigger the community bonus game (game rules regarding gameplay progression); and in response to triggering of the community bonus game, cause a community bonus game display area of multiple games (game rules regarding gameplay progression, game element display and game interactions), the community bonus game display area created from a second section, the second section of the display device including a predefined number of symbol positions (game rules regarding gameplay progression).
Regarding claim 2, identify all current and past players qualified for the community bonus game (game rules regarding gameplay progression), a qualified player being a current or past player having an assigned time period for the community bonus game that has not yet expired (game rules regarding gameplay progression); present a set of symbols in the symbol positions of the community bonus areas during one or more spins of the bonus game (game rules regarding gameplay progression); upon completion of the bonus game, identify symbols displayed within the community bonus areas (game rules regarding gameplay progression); and based on the identified symbols, determine an amount of an award for each qualified player of the community bonus game (game rules regarding gameplay progression and resolution).
Regarding claim 3, determine a bet multiplier in accordance with the credit input received from the player (game rules regarding gameplay progression); and determine the amount of the award for the player based on a credit value associated with a symbol landed on a symbol position of the symbol positions of the community bonus areas assigned to the player and the determined bet multiplier (game rules regarding gameplay progression).
Regarding claim 4, the player is assigned more than one symbol positions, and each symbol position of the more than one symbol positions assigned to the player is on the same EGM or different EGMs of the plurality of EGMs (game rules regarding gameplay progression).
Regarding claim 5, wherein the symbol position assigned to the player is visually distinguishable from another symbol position assigned to another player (game rules regarding gameplay progression and presentation).
Regarding claim 6, wherein the plurality of symbols includes at least: a bonus symbol, a credit symbol, or a jackpot symbol (game rules regarding gameplay progression and elements).
Regarding claim 7, wherein the instructions, which, when executed, further cause the game controller to reset a value of available number of free spins when the bonus symbol lands on a symbol position of the symbol positions of the community bonus areas (game rules regarding gameplay progression).
Regarding claim 8, wherein the available number of free spins is three spins (game rules regarding gameplay progression).
Regarding claim 9, present the time period awarded to the player to qualify for participating in the community bonus game (game rules regarding gameplay progression and presentation).
Regarding claim 10, freeze or suspend the base game and the plurality of symbols displayed in the first section of the display device upon triggering of the community bonus game (game rules regarding gameplay progression).
Regarding claims 11-20, these claims recite abstract ideas as noted above regarding claims 1-10, with “energy” being part of a game rule for gameplay.
Subject Matter Eligibility – Step 2A Prong 2 (see MPEP§2106.04(d))
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements are display, an interface, a server, communication between gaming machines and generic computer hardware; insignificant extra solution activity such as collecting information, analyzing it, and displaying certain results of the collection and analysis to data; and the use of software to tailor information and provide it to the user on a generic computer. These additional elements individually and in combination provide for limitations that do not integrate the judicial exception into a practical application. These additional elements (1) add “insignificant extra-solution activity to the judicial exception, as discussed in MPEP § 2106.05(g)” (MPEP§2106.04(d)I) and (2) generally link “the use of a judicial exception to a particular technological environment or field of use, as discussed in MPEP § 2106.05(h).” (MPEP§2106.04(d)I).
These additional elements individually and in combination are not limitations that provide for “improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a);” (MPEP§2106.04(d)I) apply or use the “judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, as discussed in MPEP § 2106.04(d)(2);” (MPEP§2106.04(d)I) implement the “judicial exception with, or using a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, as discussed in MPEP § 2106.05(b);” (MPEP§2106.04(d)I) effect “a transformation or reduction of a particular article to a different state or thing, as discussed in MPEP § 2106.05(c);” (MPEP§2106.04(d)I) or apply or use “the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception, as discussed in MPEP § 2106.05(e).” (MPEP§2106.04(d)I). As such the claims as a whole do not integrate the judicial exception into a practical application.
Subject Matter Eligibility – Step 2B (see MPEP§2106.05)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are well-understood, routine and conventional generic computer hardware and insignificant extra solution activity (see MPEP§2106.05). The claimed additional elements with citations indicating their well-understood, routine and conventional nature are provided below.
A display, an interface and server with machines communicating in a network are WURC as noted by U.S. Pub. 2010/0029381 at para. 38.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. 2012/0077587 by Apirian.
Regarding claim 1, Apirian discloses an electronic gaming machine (EGM) of a plurality of EGMs, the EGM comprising: a display device (para. 34 – see display); an interface device coupling the EGM with other EGMs of the plurality of EGMs and an electronic gaming server (para. 34-36 – see networked gaming machines); a memory device for storing computer executable instructions (para. 46 – see memory); and a game controller comprising a processor configured to execute the instructions stored in the memory device, which, when executed, cause the game controller to (para. 46 – see memory and processor): receive a credit input from a player for a base game (para. 52 – see credits and credit input); in response to receiving an input for initiating the base game, cause to be displayed a plurality of symbols on a plurality of reels, the plurality of symbols displayed in a first section of the display device (fig. 8; para. 45-49 – see initiating play and virtual reels); based upon an amount of the credit input, award a time period for the player to qualify for participating in a community bonus game (para. 35-36 – see eligibility timer); in response to at least one trigger symbol being displayed on the plurality of reels before the time period has expired, trigger the community bonus game (fig. 13; para. 59 – see triggering symbols); and in response to triggering of the community bonus game, cause a community bonus game display area to be created by linking with the other EGMs of the plurality of EGMs, the community bonus game display area created from a second section of the display device of each EGM of the plurality of EGMs, the second section of the display device of each EGM of the plurality of EGMs including a predefined number of symbol positions (para. 38-42, 56-58; fig. 2-4, 10-12 – see the bonus game being played with the secondary area 1003 showing bonus symbols and symbol positions).
Regarding claim 2, Apirian discloses the EGM of Claim 1, wherein the instructions, which, when executed, further cause the game controller to: identify all current and past players qualified for the community bonus game, a qualified player being a current or past player having an assigned time period for the community bonus game that has not yet expired (para. 65-68 – see player notification); cause display of a set of symbols in the symbol positions of the community bonus display areas of the plurality of EGMs during one or more spins of the bonus game (para. 66-68 – see bonus game and bonus game initiation); upon completion of the bonus game, identify symbols displayed within the community bonus display areas of the plurality of EGMs (fig. 20-21; para. 89-90 – see symbol movement and notification in the bonus game); and based on the identified symbols, determine an amount of an award for each qualified player of the community bonus game (para. 74-78, 85-88 – see awards).
Regarding claim 3, Apirian discloses the EGM of claim 2, wherein the instructions, which, when executed, further cause the game controller to: determine a bet multiplier in accordance with the credit input received from the player; and determine the amount of the award for the player based on a credit value associated with a symbol landed on a symbol position of the symbol positions of the community bonus display areas assigned to the player and the determined bet multiplier (para. 74-78, 85-88 – see awards and multiplier).
Regarding claim 4, Apirian discloses the EGM of claim 3, wherein: the player is assigned more than one symbol positions, and each symbol position of the more than one symbol positions assigned to the player is on the same EGM or different EGMs of the plurality of EGMs (fig. 6, 13, 21 – see the bonus game symbols being assigned to each player).
Regarding claim 5, Apirian discloses the EGM of claim 3, wherein the symbol position assigned to the player is visually distinguishable from another symbol position assigned to another player (fig. 6, 13, 21 – see the visually different cars).
Regarding claim 6, Apirian discloses the EGM of claim 2, wherein the plurality of symbols includes at least: a bonus symbol, a credit symbol, or a jackpot symbol (fig. 13; para. 59 – see triggering symbols).
Regarding claim 7, Apirian discloses the EGM of claim 6, wherein the instructions, which, when executed, further cause the game controller to reset a value of available number of free spins when the bonus symbol lands on a symbol position of the symbol positions of the community bonus display areas (para. 26-28 – see free spin bonuses).
Regarding claim 8, Apirian discloses the EGM of claim 7, wherein the available number of free spins is three spins (para. 17 – see the free spins 9 being inclusive of 3).
Regarding claim 9, Apirian discloses the EGM of claim 1, wherein the instructions, which, when executed, further cause the game controller to display the time period awarded to the player to qualify for participating in the community bonus game in a second section of the display device (para. 63-64; fig. 16-17 – see countdown timer).
Regarding claim 10, Apirian discloses the EGM of claim 1, wherein the instructions, which, when executed, further cause the game controller to freeze or suspend the base game and the plurality of symbols displayed in the first section of the display device upon triggering of the community bonus game (fig. 21; para. 89-90 – see overlay of the displayed main area).
Regarding claims 11-20, these claims are rejected above as noted regarding claims 1-10, with energy having no technical distinction between the time that is disclosed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3715