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 Arguments
Applicant’s arguments, see remarks, filed May 22, 2026, with respect to prior art rejections have been fully considered and are persuasive.
Applicant's arguments filed May 22, 2026 regarding patent eligibility have been fully considered but they are not persuasive.
Applicant argues that the claims do not recite an abstract idea because of all the recited hardware, software and extra-solution activity that is recited in the claims. Examiner disagrees with Applicant’s characterization of the claims and notes that while hardware, software and extra-solution activity are recited in the claims they do not transmute the game rules claimed into non-abstract elements. As such, the claims remain rejected as patent ineligible for reciting an abstract idea.
Applicant argues that the specification provides for improvements to conventional gaming devices and integrates the abstract idea into a practical application. Examiner notes that the claimed invention remains gameplay and the claimed invention does not appear to have any of the apparent improvements that are cited in the specification.
Applicant argues that the claim elements in their entirety amount to significantly more than the abstract idea because of the lack of a 102 rejection. Examiner notes that this is not the standard for “significantly more” and the well-understood, routine and conventional nature of the additional elements continues to be noted below.
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 to be created by linking the first EGM with the other EGMs of the plurality of EGMs, the community bonus game display area comprising a plurality of symbol positions displayed in the second section of the display device of the first EGM and the second sections of the display devices of the other EGMs (game rules regarding gameplay progression, game element display and game interactions), wherein symbols displayed in the plurality of symbol positions within the combination of second sections of the linked EGMs are evaluated for the community bonus game (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 instructions, when executed, further cause the game controller to: in response to triggering of the community bonus game, transmit a notification to a client device of one or more of the identified players who are no longer playing the base game. (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, The EGM of claim 2, wherein the instructions, which, when executed, further cause the game controller to: display, on the first display section of the first EGM of the plurality of EGMs, a representation of the community bonus game display area. (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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER J IANNUZZI whose telephone number is (571)272-5793. The examiner can normally be reached M-F 9:30AM-5:30PM EST.
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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3715
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