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 § 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 gaming system (i.e., a machine) in claims 1-12, a non-transitory computer-readable medium (i.e. a manufacture) in claim 13-17, and a computer implemented method (i.e., a process) in claims 18-20.
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 gaming system comprising:
a processor; and
a memory storing instructions thereon which, when executed by the processor, cause the processor to:
control a display device to display a play instance of an electronic game including a first subset of reels and a second subset of reels;
generate an output of a random number generator (RNG);
perform, based on the RNG output, a reel cloning operation to identify a first set of symbols from one or more reel strips for the first subset of reels, wherein the reel cloning operation includes jointly determining stopping positions for each of the one or more reel strips to cause a same grouping of symbols to be displayed for each reel of the first subset of reels;
cause display of the first set of symbols on the first subset of reels; and
determine that a first trigger condition stored in the memory is satisfied based on the first set of symbols, wherein the first trigger condition is a pre-defined symbol type appearing on each reel of the first subset of reels.
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 determining and presenting a game state presentation as well as Certain Methods of Organizing Human Activity including 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 rules for defining states of a game.
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 a processor, a memory, and a display device 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, tablets, 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 a processor, a memory, and a display device 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 [0038], [0051]-[0052], [0135]). 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 amount 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 [0038], [0051]-[0052], [0135]). 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 a processor, a memory, a display device, and a computer readable medium 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 § 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Warms et al (US 2021/0350678).
Claim 1: Warms teaches a gaming system comprising:
a processor (Warms Figure 2A; Elm 204); and
a memory storing instructions thereon which, when executed by the processor (Warms Figure 2A; Elm 208; Paragraphs [0044]-[0045]), cause the processor to:
control a display device to display a play instance of an electronic game including a first subset of reels and a second subset of reels (Warms Figures 4A, 6A; Elms 412, 414, 612, 614);
generate an output of a random number generator (RNG) (Warms Paragraphs [0005], [0020], [0048]-[0050]);
perform, based on the RNG output, a reel cloning operation to identify a first set of symbols from one or more reel strips for the first subset of reels, wherein the reel cloning operation includes jointly determining stopping positions for each of the one or more reel strips to cause a same grouping of symbols to be displayed for each reel of the first subset of reels (Warms Figure 6A-6C; Elm 608, 626; Paragraph [0103]);
cause display of the first set of symbols on the first subset of reels (Warms Figures 4A, 6C; Elm 412);
determine that a first trigger condition stored in the memory is satisfied based on the first set of symbols, wherein the first trigger condition is a pre-defined symbol type appearing on each reel of the first subset of reels (-Reflecting the occurrence of a first and second feature award- Warms Figure 4A; Paragraphs [0082]-[0085], [0103]-[0106]).
Warms teaches the use of related bonus features based on the generated random number outcomes for generating multiple game features including reel/array expansion and substitution during the same round of play as other game features. While Warms arguably does not explicitly teach embodiments where reel/array expansion and substitution occur in the same game embodiment, it would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have combined the known game features of reel/array expansion and substitution as taught by Warms in a common embodiment in order to provide the expected and predictable result of providing additional feature combination variety during game play without requiring physical modification of the gaming machine.
Claim 2: Warms teaches the gaming system of claim 1, wherein in response to determining that the first trigger condition is satisfied, the instructions, when executed, cause the processor to:
control the display device to increase a number of rows for the second subset of reels (Warms Figures 4A-4B; Elm 414; Paragraph [0085]); and
cause display of a second set of symbols on the second subset of reels after increasing the number of rows (Warms Figures 4A-4B; Elm 414; Paragraph [0085]).
Claim 3: Warms teaches the gaming system of claim 2, wherein the instructions, when executed, further cause the processor to randomly determine the increased number of rows for the second subset of reels when the first trigger condition is satisfied (-“The game may expand the reels 412C, 412D, and 412E by one, two, three, four, or five rows. In some embodiments, the number of expansion rows is determined based on an RNG result and a weighted table”- Warms Paragraph [0085]).
Claim 4: Warms teaches the gaming system of claim 3, wherein the increased number of rows for the second subset of reels is randomly selected from a range between a shortest expanded reel height and a tallest expanded reel height (-“The game may expand the reels 412C, 412D, and 412E by one, two, three, four, or five rows. In some embodiments, the number of expansion rows is determined based on an RNG result and a weighted table”- Warms Paragraph [0085]).
Claim 5: Warms teaches the gaming system of claim 4, wherein the instructions, when executed, further cause the processor to implement a check on the increased number of rows for the second subset of reels when the first trigger condition is satisfied and the tallest expanded reel height is selected, wherein the check includes determining whether one or more win conditions of the play instance is satisfied (Warms Paragraphs [0085], [0087]).
Claim 6: Warms teaches the gaming system of claim 5, wherein, in response to the one or more win conditions not being satisfied as determined by the check, the instructions, when executed, further cause the processor to control the display device to increase the number of rows for the second subset of reels a reel height that is shorter than the tallest expanded reel height (-“In some embodiments, the reels 412C, 412D, and 412E contract in size after award is complete. In other embodiments, the reel expansion may persist for as long as the value feature persists. In some embodiments, the reel expansion may contract by one row per spin until the original size of the feature play area 414 is reached. In the example shown in FIG. 4A, no reel expansion is achieved”- Warms Paragraph [0085]).
Claim 7: Warms teaches the gaming system of claim 2, wherein the instructions, when executed, further cause the processor to evaluate the first set of symbols and the second set of symbols for one or more bonus game symbols (Warms Paragraph [0084]).
Claim 8: Warms teaches the gaming system of claim 7, wherein the instructions, when executed, further cause the processor to initiate a bonus feature game when a triggering number of bonus game symbols are included in one or both of the first set of symbols and the second set of symbols (-Wherein the claimed scope includes the presentation of the bonus game symbols in the first set of symbols- Warms Paragraph [0085]).
Claim 9: Warms teaches the gaming system of claim 2, wherein the instructions, when executed, further cause the processor to evaluate the second set of symbols for one or more cash on reel symbols (Warms Paragraph [0082]).
Claim 10: Warms teaches the gaming system of claim 9, wherein in response to one or more cash on reel symbols included in the second set of symbols, the instructions, when executed, further cause the processor to determine whether to award credit values associated with the cash on reel symbols based on the first trigger condition being satisfied and at least one second trigger condition being satisfied (-Understood as encompassing the activation of the prize amount and identification if the prize is part of a winning combination- Warms Paragraphs [0082], [0084]).
Claim 11: Warms teaches the gaming system of claim 10, wherein the second trigger condition is one or more of the cash on reel symbols appearing on a predetermined reel of the second subset of reels (Warms Paragraph [0084]).
Claim 12: Warms teaches the gaming system of claim 11, wherein cash on reel symbols appearing on the predetermined reel are associated with credit values selected from a lower range of credit values than credit values associated with cash on reel symbols appearing on the other reels of the second subset of reels (-describing the limiting of cash awards to the second set of reels- Warms Paragraph [0082]).
Claim 13: Warms teaches a non-transitory computer-readable medium containing instructions stored thereon processor (Warms Figure 2A; Elm 208; Paragraphs [0044]-[0045]), which when executed by a processor (Warms Figure 2A; Elm 204), cause the processor to:
control a display device to display a play instance of an electronic game including a first subset of reels and a second subset of reels (Warms Figure 4A; Elms 412, 414);
generate an output of a random number generator (RNG) (Warms Paragraphs [0005], [0020], [0048]-[0050]);
perform, based on the RNG output, a reel cloning operation to identify a first set of symbols from one or more reel strips for the first subset of reels, wherein the reel cloning operation includes jointly determining stopping positions for each of the one or more reel strips to cause a same grouping of symbols to be displayed for each reel of the first subset of reels (Warms Figure 6A-6C; Elm 608, 626; Paragraph [0103]);
control the display device to display the first set of symbols on the first subset of reels (Warms Figure 4A; Elm 412); and
determine that a first trigger condition stored in memory is satisfied based on the first set of symbols, wherein the first trigger condition is a pre-defined symbol type appearing on each reel of the first subset of reels (-Reflecting the occurrence of a first and second feature award- Warms Figure 4A; Paragraphs [0082]-[0085], [0103]-[0106]).
Warms teaches the use of related bonus features based on the generated random number outcomes for generating multiple game features including reel/array expansion and substitution during the same round of play as other game features. While Warms arguably does not explicitly teach embodiments where reel/array expansion and substitution occur in the same game embodiment, it would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have combined the known game features of reel/array expansion and substitution as taught by Warms in a common embodiment in order to provide the expected and predictable result of providing additional feature combination variety during game play without requiring physical modification of the gaming machine.
Claim 14: Warms teaches the non-transitory computer-readable medium of claim 13, wherein in response to determining that the first trigger condition is satisfied, the instructions, when executed, cause the processor to:
control the display device to increase a number of rows for the second subset of reels (Warms Figures 4A-4B; Elm 414; Paragraph [0085]); and
control the display device to display a second set of symbols on the second subset of reels after increasing the number of rows (Warms Figures 4A-4B; Elm 414; Paragraph [0085]).
Claim 15: Warms teaches the non-transitory computer-readable medium of claim 14, wherein the instructions, when executed, further cause the processor to:
randomly determine the increased number of rows for the second subset of reels when the first trigger condition is satisfied, wherein the increased number of rows for the second subset of reels is randomly selected from a range between a shortest expanded reel height and a tallest expanded reel height (-“The game may expand the reels 412C, 412D, and 412E by one, two, three, four, or five rows. In some embodiments, the number of expansion rows is determined based on an RNG result and a weighted table”- Warms Paragraph [0085]);
implement a check on the increased number of rows for the second subset of reels when the first trigger condition is satisfied and the tallest expanded reel height is selected, wherein the check includes determining whether one or more win conditions of the play instance is satisfied (Warms Paragraphs [0085], [0087]); and
in response to the one or more win conditions not being satisfied as determined by the check, control the display device to increase the number of rows for the second subset of reels a reel height that is shorter than the tallest expanded reel height (-“In some embodiments, the reels 412C, 412D, and 412E contract in size after award is complete. In other embodiments, the reel expansion may persist for as long as the value feature persists. In some embodiments, the reel expansion may contract by one row per spin until the original size of the feature play area 414 is reached. In the example shown in FIG. 4A, no reel expansion is achieved”- Warms Paragraph [0085]).
Claim 16: Warms teaches the non-transitory computer-readable medium of claim 14, wherein the instructions, when executed, further cause the processor to:
evaluate the first set of symbols and the second set of symbols for one or more bonus game symbols (Warms Paragraph [0084]); and
initiate a bonus feature game on the display device when a triggering number of bonus game symbols are included in one or both of the first set of symbols and the second set of symbols (-Wherein the claimed scope includes the presentation of the bonus game symbols in the first set of symbols- Warms Paragraph [0085]).
Claim 17: Warms teaches the non-transitory computer-readable medium of claim 14, wherein the instructions, when executed, further cause the processor to:
evaluate the second set of symbols for one or more cash on reel symbols (Warms Paragraph [0082]); and
in response to one or more cash on reel symbols included in the second set of symbols, determine whether to award credit values associated with the cash on reel symbols based on the first trigger condition being satisfied and at least one second trigger condition being satisfied (-Understood as encompassing the activation of the prize amount and identification if the prize is part of a winning combination- Warms Paragraphs [0082], [0084]), wherein the second trigger condition is one or more of the cash on reel symbols appearing on a predetermined reel of the second subset of reels (Warms Paragraph [0084]), and wherein cash on reel symbols appearing on the predetermined reel are associated with credit values selected from a lower range of credit values than credit values associated with cash on reel symbols appearing on the other reels of the second subset of reels (-describing the limiting of cash awards to the second set of reels- Warms Paragraph [0082]).
Claim 18: Warms teaches a computer-implemented method comprising:
controlling a display device to display a play instance of an electronic game including a first subset of reels and a second subset of reels (Warms Figure 4A; Elms 412, 414);
generate an output of a random number generator (RNG) (Warms Paragraphs [0005], [0020], [0048]-[0050]);
perform, based on the RNG output, a reel cloning operation to identify a first set of symbols from one or more reel strips for the first subset of reels, wherein the reel cloning operation includes jointly determining stopping positions for each of the one or more reel strips to cause a same grouping of symbols to be displayed for each reel of the first subset of reels (Warms Figure 6A-6C; Elm 608, 626; Paragraph [0103]);
controlling the display device to display the first set of symbols on the first subset of reels (Warms Figure 4A; Elm 412); and
determining that a first trigger condition stored in memory is satisfied based on the first set of symbols, wherein the first trigger condition is a pre-defined symbol type appearing on each reel of the first subset of reels (-“In situations where the results on the first two reels 412A, 412B trigger the value feature, the game may provide an expansion of the feature play area 414 (e.g., randomly based on RNG result, based on a trigger defined in a pay table, or the like)”- Warms Figure 4A; Paragraphs [0082]-[0085]).
Warms teaches the use of related bonus features based on the generated random number outcomes for generating multiple game features including reel/array expansion and substitution during the same round of play as other game features. While Warms arguably does not explicitly teach embodiments where reel/array expansion and substitution occur in the same game embodiment, it would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have combined the known game features of reel/array expansion and substitution as taught by Warms in a common embodiment in order to provide the expected and predictable result of providing additional feature combination variety during game play without requiring physical modification of the gaming machine.
Claim 19: Warms teaches the computer-implemented method of claim 18, further comprising:
in response to determining that the first trigger condition is satisfied and determining to control the display device to display the same symbols on each reel of the first subset of reels (Warms Figure 4A; Elm 412; Paragraph [0085]):
controlling the display device to increase a number of rows for the second subset of reels (Warms Figures 4A-4B; Elm 414; Paragraph [0085]); and
controlling the display device to display a second set of symbols on the second subset of reels after increasing the number of rows (Warms Figures 4A-4B; Elm 414; Paragraph [0085]);
randomly determining the increased number of rows for the second subset of reels when the first trigger condition is satisfied, wherein the increased number of rows for the second subset of reels is randomly selected from a range between a shortest expanded reel height and a tallest expanded reel height (-“The game may expand the reels 412C, 412D, and 412E by one, two, three, four, or five rows. In some embodiments, the number of expansion rows is determined based on an RNG result and a weighted table”- Warms Paragraph [0085]);
implementing a check on the increased number of rows for the second subset of reels when the first trigger condition is satisfied and the tallest expanded reel height is selected, wherein the check includes determining whether one or more win conditions of the play instance is satisfied (Warms Paragraphs [0085], [0087]); and
in response to the one or more win conditions not being satisfied as determined by the check, controlling the display device to increase the number of rows for the second subset of reels a reel height that is shorter than the tallest expanded reel height (-“In some embodiments, the reels 412C, 412D, and 412E contract in size after award is complete. In other embodiments, the reel expansion may persist for as long as the value feature persists. In some embodiments, the reel expansion may contract by one row per spin until the original size of the feature play area 414 is reached. In the example shown in FIG. 4A, no reel expansion is achieved”- Warms Paragraph [0085]).
Claim 20: Warms teaches the computer-implemented method of claim 19, further comprising:
evaluating the second set of symbols for one or more cash on reel symbols (Warms Paragraph [0082]); and
in response to one or more cash on reel symbols included in the second set of symbols, determining whether to award credit values associated with the cash on reel symbols based on the first trigger condition being satisfied and at least one second trigger condition being satisfied (-Understood as encompassing the activation of the prize amount and identification if the prize is part of a winning combination- Warms Paragraphs [0082], [0084]), wherein the second trigger condition is one or more of the cash on reel symbols appearing on a predetermined reel of the second subset of reels (Warms Paragraph [0084]), and wherein cash on reel symbols appearing on the predetermined reel are associated with credit values selected from a lower range of credit values than credit values associated with cash on reel symbols appearing on the other reels of the second subset of reels (-describing the limiting of cash awards to the second set of reels- Warms Paragraph [0082]).
Response to Arguments
Applicant's arguments filed May 26th, 2026 have been fully considered but they are not persuasive.
Commencing on pages 10-14 of the Applicant’s above dated remarks, the Applicant presents that the Applicant’s specification paragraphs [0030]-[0031] set forth the proposed technological problem and corresponding solution concerning limitations of game design in implementing game features including cloned and expanding reels and the conservation of computing resources while implementing the game mechanic and proposes that the claimed invention provides for both of these aspects and proposes that the same weighs against the rejection of claims under 35 USC §101 for being directed to an abstract idea without significantly more including (Remarks Pages 11-14).
Responsive to the preceding arguments as summarized above, the implementation of game mechanics is not a technical problem but one of abstract game rules that utilize the underlying computer merely as aa tool to perform the abstract idea and accordingly does not support the propose practical application consistent with MPEP 2106.05(a) & 2106.05(f).
The conservation of computing resources is not tied to any singular feature in the Applicant specification paragraphs [0030]-[0031]. Insomuch as the conservation of computing resources maybe understood as tied changing grouping game symbol outcomes based on a single RNG outcome, it is not immediately clear that this an unconventional technical improvement because the Applicant’s specification does not describe it as such and additionally because the prior art of record including Warms, teach this was a known feature in gaming devices prior to the earliest effective filing date of the claimed invention (Warms Figure 6A-6C; Paragraph [0103]).
Continuing on pages 14-15 of the Applicant’s above dated remarks, the Applicant presents that the prior art of Warms et al as previously applied does not anticipate the claims as amended including the feature of cloning of a symbol to multiple symbol positions based on a single RNG outcome.
Responsive to the preceding the rejection of claims has been updated to incorporate this feature as particularly amended.
In view of the preceding the rejection of claims is respectfully maintained as presented herein above.
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 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, Dmitry Suhol can be reached at 571-272-4430. 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
Prosecution Insights