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 .
DETAILED ACTION
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 (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims are directed to the abstract idea of mental processes and/ or certain methods of organizing human activity. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a machine, process, and/or an article of manufacturer, which are statutory categories of invention.
Step 2a – Prong 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Each independent claims (1, 11 and 20) are directed to rules for conducting a game of chance or wagering game, which falls under the enumerated grouping of "certain methods of organizing human activity," including commercial or legal interactions (such as business relations, sales activities, or managing interactions between people, including gaming and wagering). The claimed steps and elements, such as generating random outcomes for reels, including single-triggering and multi-triggering symbols associated with metamorphic features, determining whether to activate metamorphic features based on RNG outcomes, and displaying visual changes associated with activated features, describe game mechanics and rules for managing randomness and symbol interactions in an electronic game. These are analogous to abstract ideas identified by the courts in cases involving wagering games, such as In re Smith, 815 F.3d 816 (Fed. Cir. 2016) (methods for conducting a wagering game using shuffled cards deemed abstract as rules for a game), and In re Marco Guldenaar Holding B.V., 911 F.3d 1157 (Fed. Cir. 2018) (dice-based wagering game held ineligible as abstract rules for playing a game).
Regarding dependent claims, each claim is dependent either directly or indirectly from at least one of the independent claims identified above and includes all the limitations of said independent claim. Therefore, each dependent claim recites the same abstract idea as identified above. Each of the dependent claims further describe additional aspects of the abstract idea, i.e. additional aspects to the mental processes and/ or certain methods of organizing human activity.
Step 2a – Prong 2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration if the claim limitations are directed to a practical application.
Limitations that are indicative of integration into a practical application:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition - see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing – see MPEP 2106.05(c)
-Applying or using 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 - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
-Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea- see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use - see MPEP 2106.05(h)
Claims 1-20 does not integrate the abstract idea into a practical application because the additional elements (e.g., at least one memory device, at least one processor in communication with the memory device, a random number generator (RNG), and a display device) are recited at a high level of generality and merely serve as tools to implement the abstract game rules on generic computer hardware. These elements perform basic functions such as generating random outcomes, determining activations based on those outcomes, and displaying results, without improving the functioning of the computer itself, effecting a transformation of a particular article, or applying the abstract idea in some other meaningful way beyond generally linking it to a technological environment (i.e., electronic gaming). The "metamorphic features" and "multi-triggering symbols" are part of the game rules themselves and do not reflect an improvement in computer technology or solve a technological problem; rather, they describe conceptual game enhancements. As such, the claim as a whole does not impose any meaningful limits on practicing the abstract idea and merely uses generic computing components to automate the game mechanics (see MPEP § 2106.05(a)-(c), (e)-(h)).
For the reasons as discussed above, the claim limitations are not integrated to a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claim amounts to significantly more than the exception.
The additional elements, both individually and in combination, do not amount to significantly more than the abstract idea. The use of a processor, memory device, RNG, and display to generate random outcomes, determine activations, and display visual changes is well-understood, routine, and conventional in the field of electronic gaming systems, as evidenced by the ubiquity of such components in slot machines and video games (see, e.g., In re Smith, supra; see also MPEP § 2106.05(d)). The claim does not recite any unconventional technological features or ordered combination that transforms the abstract idea into an inventive concept; it merely implements the game rules on a computer without adding meaningful limitations beyond the abstract idea itself.
Accordingly, claim 1 (and any dependent claims) is directed to a judicial exception without significantly more and is ineligible under 35 U.S.C. § 101.
Claim Rejections - 35 USC § 102
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 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 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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boese (US 2023/0334953 A1).
1. Boese discloses a system for electronic gaming comprising: at least one memory device; and at least one processor in communication with the memory device, the at least one processor configured to (Fig. 1, 2A):
generate a first random outcome for a first reel of an electronic game, the first random outcome including a single-triggering symbol associated with a first metamorphic feature (generating random outcomes for reels in a base game, where feature symbols (e.g., yin and yang symbols) appear and can act as single-triggering symbols associated with a first metamorphic feature, such as the tiger metamorphic feature, via RNG outcomes), [0083]-[0084];
generate a second random outcome for a second reel of the electronic game, the second random outcome including a multi-triggering symbol, the multi-triggering symbol associated with the first metamorphic feature and at least one other metamorphic feature, each of the metamorphic features associated with a visual change in the electronic game indicating the metamorphic feature is active (each feature symbol can generate multiple RNG outcomes, one per metamorphic feature (e.g., tiger and dragon), thus acting as a multi-triggering symbol associated with multiple metamorphic features; visual changes indicate active status in relation to the tiger and/or dragon metamorphic features), [0084], [0087];
for each of the metamorphic features associated with the multi-triggering symbol, determine whether to activate the metamorphic feature based on a respective random number generator (RNG) outcome (using RNG outcomes per metamorphic feature to determine activation, with one RNG per feature per symbol for multi-triggering), [0084]-[0087];
for the first metamorphic feature associated with the single-triggering symbol, determine whether to activate the first metamorphic feature based on a respective RNG outcome (determines activation for individual metamorphic features based on their respective RNG outcomes, applicable to single-triggering scenarios), [0084]; and
for each activated metamorphic feature, control a display device to display the visual change associated with the activated metamorphic feature based on the respective RNG outcomes (displays visual indications and changes for active metamorphic features, such as animations and populated symbol portions, based on RNG-determined activations), [0087]-[0089].
2. Boese discloses the system of Claim 1, wherein the multi-triggering symbol is associated with two metamorphic features, three metamorphic features, or four metamorphic features [0087]-[0088].
3. Boese discloses the system of Claim 1, wherein the at least one processor is further configured to: determine that the first random outcome includes the single-triggering symbol associated with a first metamorphic feature; and determine to upgrade the single-triggering symbol to a multi-triggering symbol (activating additional inactive metamorphic features during gameplay, effectively upgrading the triggering capability from single to multi by adding more active features via new symbols and RNG), [0087]-[0088], [0095].
4. Boese discloses the system of Claim 3, wherein the processor is configured to determine to upgrade the single-triggering symbol to the multi-triggering symbol based on an RNG outcome [0087]-[0088], [0095].
5. Boese discloses the system of Claim 3, wherein the processor is configured to determine to upgrade the single-triggering symbol to the multi-triggering symbol based on the first random outcome resulting in a predefined pattern [0019], [0082], [0088], [0093], [0095].
6. Boese discloses the system of Claim 3, wherein the processor is further configured to, in response to determining to upgrade the single-triggering symbol to the multi-triggering symbol, select at least a second metamorphic feature to be associated with the second metamorphic feature [0087]-[0088], [0095].
7. Boese discloses the system of Claim 6, wherein the processor is further configured to select the second metamorphic feature based on the first random outcome [0087]-[0088], [0095].
8. Boese discloses the system of Claim 3, wherein the processor is further configured to, in response to determining to upgrade the single-triggering symbol to the multi-triggering symbol, cause the display device to replace the single-triggering symbol with the multi-triggering symbol [0088], [0093], [0095].
9. Boese discloses the system of Claim 1, wherein the multi-triggering symbol includes a display aspect associated with each metamorphic feature associated with the multi-triggering symbol (feature symbols include display aspects like colored swirls (green for tiger, red for dragon) associated with the multi-triggering nature), [0083], [0089], [0092].
10. Boese discloses the system of Claim 9, wherein the display aspect includes a color corresponding to with the metamorphic feature associated with the display aspect (colors for metamorphic features, e.g., green swirls for tiger, red for dragon, corresponding to the associated features), [0083], [0089], [0092].
11-19. Boese discloses at least one non-transitory computer-readable storage media having computer-executable instructions embodied thereon, wherein when executed by at least one processor in communication with at least one memory device, the computer-executable instructions cause the at least one processor to: generate a random outcome for an electronic game, the random outcome including a single-triggering symbol associated with a first metamorphic feature and a multi-triggering symbol, the multi-triggering symbol associated with the first metamorphic feature and at least one other metamorphic feature, each of the metamorphic features associated with a visual change in the electronic game indicating the metamorphic feature is active; for each of the metamorphic features associated with the multi-triggering symbol included in the random outcome, determine whether to activate the metamorphic feature based on a respective random number generator (RNG) outcome; for the first metamorphic feature associated with the single-triggering symbol included in the random outcome, determine whether to activate the first metamorphic feature based on a respective RNG outcome; and for each activated metamorphic feature, control a display device to display the visual change associated with the activated metamorphic feature based on the respective RNG outcomes as similarly discussed above.
20. Boese discloses a method for electronic gaming, the method comprising: generating a random outcome for an electronic game, the random outcome including a single-triggering symbol associated with a first metamorphic feature and a multi-triggering symbol, the multi-triggering symbol associated with the first metamorphic feature and at least one other metamorphic feature, each of the metamorphic features associated with a visual change in the electronic game indicating the metamorphic feature is active; for each of the metamorphic features associated with the multi-triggering symbol included in the random outcome, determining whether to activate the metamorphic feature based on a respective random number generator (RNG) outcome; for the first metamorphic feature associated with the single-triggering symbol included in the random outcome, determining whether to activate the first metamorphic feature based on a respective RNG outcome; and for each activated metamorphic feature, controlling a display device to display the visual change associated with the activated metamorphic feature based on the respective RNG outcomes as similarly discussed above.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached USPTO form PTO-892.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David L. Lewis can be reached at (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Seng H Lim/Primary Examiner, Art Unit 3715