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 .
Preliminary Amendment
After the preliminary amendment filed 04/18/2024, claims 1-23 were cancelled and claims 24-43 were newly added. Therefore, claims 24-43 are currently pending.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 24-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiely et al (U.S. 2015/0065219) in view of Massing et al (U.S. 2014/0121015).
Regarding claims 24, 33 and 39, Kiely discloses:
an augmented reality system (¶41) comprising:
an augmented reality ("AR") device (¶25, portable electronic device 150 functions as an augmented reality device);
a memory (¶50, instructions are stored on a memory device); and
a processing device coupled to the memory (¶50, a processor executes the instructions stored on the memory device), the processing device configured to:
generating, using at least imaging device of the AR device, a live video signal of a first scene associated with a field of view of a user, wherein the first scene comprises a portion of the physical gaming area (¶25, Fig. 2, Fig. 5, the camera of portable electronic device 150 captures area 201 of display 122 and reproduces area 201 on display 151) and includes at least one first gaming element corresponding to a first outcome of a wagering game that is displayed on a slot machine display of at least one of the plurality of electronic gaming machines (¶30, Fig. 5, visible video reels 502-505 which provide a game outcome to the player); and
displaying, via the AR device worn by the user, a second scene associated with a field of view of the user, wherein the second scene comprises the first scene and a second wagering game outcome, the second wagering game outcome comprising at least one virtual gaming element displayed as part of the first outcome of the wagering game (¶30-31, Fig. 5, hidden reel 501 which is displayed to the player and is used to provide an outcome to the player).
However, Kiely does not specifically disclose that:
the augmented reality ("AR") device is a headset which is worn by the user, or
storing, in an AR controller in communication with an augmented reality ("AR") headset worn by a user, a wireframe map that includes information about a plurality of electronic gaming machines ("EGMs") located in a physical gaming area.
Massing teaches that:
an augmented reality ("AR") device is a headset which is worn by a user (¶83, Fig. 1, augmented reality module 1155 is configured to generate virtual content and provide the virtual content to gaming eyewear 1130 to present as virtual images), and
storing, in an AR controller in communication with an augmented reality ("AR") headset worn by a user, a wireframe map that includes information about a plurality of electronic gaming machines ("EGMs") located in a physical gaming area (¶38, ¶43-44, the system determines a location of abject (e.g., EGM 501 located on a casino floor) and generates a coordinated grid including the object located at a corresponding coordinate location of the grid).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the AR headset as taught by Massing into the gaming system as taught by Kiely in order to yield the predictable result of providing players a manner of receiving gaming content, without the need for carrying a device, thereby allowing players greater freedom to use their hands during gameplay, thereby appealing to player interest and enhancing excitement in order to entice longer play and increased profitability, while also allowing game operators the ability to provide games to greater number of players, without the need to add additional displays within the limited space of a gaming environment (See Massing, ¶4).
Regarding claims 25, 34 and 40, Kiely discloses that which is discussed above, and further discloses that:
the at least one first gaming element is at least one first reel comprising a plurality of game symbols, wherein the first outcome is based on at least one game symbol from each of the at least one first reel (¶30, Fig. 5, visible video reels 502-505), and
the at least one virtual gaming element is at least one virtual reel comprising a plurality of virtual game symbols, wherein the second outcome is based on at least one game symbol from each reel of the at least one first reel and at least one game symbol from each reel of at least one second reel (¶30-31, Fig. 5, hidden reel 501 is displayed to the player and is used to provide an outcome to the player).
Regarding claims 26, 35 and 41, Kiely discloses that which is discussed above, and further discloses:
at least three first reels which define a plurality of first paylines, each first payline comprising at least one gaming symbol from each of the at least three first reels, wherein each first payline has a unique combination of gaming symbols (¶30, Fig. 5, visible video reels 502-505),
Although Kiely does not specifically disclose a plurality of first pay lines or second pay-lines as disclosed in the instant claims the use of pay lines in reel-based slot machine games is notoriously old and well known and generally includes unique elements from each reel considered in each outcome of a reel-based gaming machine. It would be obvious to one of ordinary skill in the art at the time of filing to utilize the well-known practice of providing pay-lines in a gaming device in order to yield the predictable result of providing a manner in which to allow players to distinguish winning and non-winning outcomes of the gaming device.
Regarding claims 27, 36 and 42, Kiely discloses that which is discussed above, and further discloses that:
each second payline contains all of the first gaming symbols elements from at least one first payline (¶30-31, Fig. 5, hidden reel 501 is displayed to the player and is used to provide an outcome to the player along with the live elements of the gaming device).
Regarding claims 28, 37 and 43, Kiely discloses that which is discussed above, and further discloses that:
the first outcome corresponds to at least one particular first payline and is associated with a first award, wherein the second outcome corresponds to at least one particular second payline that contains all of the gaming symbols from the at least one particular first payline and is associated with a second award which is more favorable to the user than the first award (¶30, hidden reel 501 may be a bonus reel or a multiplier reel and is available to the player for an extra bet, the examiner interprets an outcome including, for example, a bonus reel multiplier as more favorable to a user than an outcome without a bonus reel multiplier).
Regarding claims 29 and 38, Kiely discloses that which is discussed above, and further discloses that:
the at least one first gaming element is at least one first game symbol (¶30, Fig. 5, visible video reels 502-505),
wherein the first outcome is based on the at least one first game symbol, and wherein the at least one virtual gaming element is at least one virtual game symbol, wherein the second outcome is based on the at least one first game symbol and the at least one virtual game symbol (¶30-31, Fig. 5, hidden reel 501 is displayed to the player and is used to provide an outcome to the player along with the live elements of the gaming device).
Regarding claim 30, Kiely discloses that which is discussed above, however does not specifically disclose that:
the at least one imaging device of the AR headset comprises a camera wherein the AR headset comprises a three-dimensional (“3D”) AR headset, or
the at least one virtual gaming element comprises a 3D virtual image.
Massing teaches that:
the at least one imaging device of the AR headset comprises a camera wherein the AR headset comprises a three-dimensional (“3D”) AR headset (¶51, ¶66, gaming eyewear 1030 includes a forward-facing camera 632 and is configured to present three-dimensional (3D) virtual images of content (e.g., a 3D shamrock 1019, a 3D fish 1018, and 3D reels symbols of reels 1007)), or
the at least one virtual gaming element comprises a 3D virtual image (¶66, gaming eyewear 1030 is configured to present three-dimensional (3D) virtual images of content (e.g., a 3D shamrock 1019, a 3D fish 1018, and 3D reels symbols of reels 1007)).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the AR headset game system as taught by Massing into the gaming system as taught by Kiely in order to yield the predictable result of appealing to player interest and enhancing excitement in order to entice longer play and increased profitability.
Regarding claim 31, Kiely discloses that which is discussed above, however does not specifically disclose:
determining at least open virtual gaming element in real time further by determining information associated with the user; or
determining visual characteristics of a virtual gaming element based on the information associated with the user.
Massing discloses:
determining at least open virtual gaming element in real time further by determining information associated with the user (¶59, system 800 determines for example player preferences, player history, other information, etc.); and
determining visual characteristics of a virtual gaming element based on the information associated with the user (¶59, system 800 determines for example player preferences, player history, other information, etc., the examiner interprets player preferences determined to include the well-known aspects such as player preferred themes).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the display as taught by Massing into the gaming system as taught by Kiely in order to yield the predictable result of appealing to player interest and enhancing excitement in order to entice longer play and increased profitability.
Regarding claim 32, Kiely discloses that which is discussed above, however does not specifically disclose that:
the display of the second scene via the AR headset worn by the user is independent of the display of the at least one first gaming element on the slot machine display of the at least one of the plurality of electronic gaming machines, wherein the live video signal of the scene is free of indications of at least one second gaming element, and
wherein displaying, via the AR headset worn by the user, the at least one second gaming element to the user in association with the at least one first gaming element as part of the scene further comprises:
determining a first location in the first scene of the at least one first gaming element; and
displaying the at least one virtual gaming element at a second location in the second scene based on the first location.
Massing discloses:
the display of the second scene via the AR headset worn by the user is independent of the display of the at least one first gaming element on the slot machine display of the at least one of the plurality of electronic gaming machines, wherein the live video signal of the scene is free of indications of at least one second gaming element (¶83, Fig. 1, augmented reality module 1155 is configured to generate virtual content and provide the virtual content to gaming eyewear 1130 to present as virtual images); and
wherein displaying, via the AR headset worn by the user, the at least one second gaming element to the user in association with the at least one first gaming element as part of the scene further comprises: determining a first location in the first scene of the at least one first gaming element; and displaying the at least one virtual gaming element at a second location in the second scene based on the first location (¶43-44, the EGM’s location is determined and the location of the virtual object is determined based on the location of the EGM to allow for the correct special placement of the virtual element relative to the physical element).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the display as taught by Massing into the gaming system as taught by Kiely in order to yield the predictable result of appealing to player interest and enhancing excitement in order to entice longer play and increased profitability.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON PINHEIRO whose telephone number is (571)270-1350. The examiner can normally be reached M-F 8:00A-4:30P ET.
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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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/Jason Pinheiro/Examiner, Art Unit 3715
/JUSTIN L MYHR/Primary Examiner, Art Unit 3715