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 is directed to non-statutory subject matter. The claimed invention is directed to an abstract idea, without “significantly more”. Exemplary claims 1, 9 and 15 include the following underlined claim elements:
1. A gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to: cause a display, by a display device, of symbol display elements of a primary wagering game, indications of different wager amount levels for a play of the primary wagering game, respective different quantities of a plurality of different wheels that are respectively associated with the different wager amount levels, and respective indications of the different features of the plurality of different wheels associated with those different wager amount levels; cause a display, by the display device, of an indication of a selection of one of the different wager amount levels for the play of the primary wagering game; cause a display, by the display device, of the play of the primary wagering game; cause a display, by the display device, of any award amounts resulting from the play of the primary wagering game; cause a display, by the display device, of an indication of a play of a secondary game; cause a display, by the display device, of an indication of which of the plurality of different wheels are active for the play of the secondary game, wherein which of the plurality of different wheels are active for the play of the secondary games is based on the selected one of the different wager amount levels for the play of the primary wagering game; cause a display, by the display device, for each active different wheel, of that wheel spinning and stopping to indicate a section of that wheel for the play of the secondary game; and cause a display, by the display device, for each active different wheel, of an award amount associated with the indicated section of that active different wheel
and
9. A gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to: cause a display, by a display device, of symbol display elements of a primary wagering game, indications of different wager amount levels for a play of the primary wagering game, indications of each of a plurality of different wheels respectively associated with the different wager amount levels, and indications of different features of the different wheels respectively associated with those different wager amount levels; cause a display, by the display device, of an indication of a selection of one of the different wager amount levels for the play of the primary wagering game; cause a display, by the display device, of the play of the primary wagering game; cause a display, by the display device, of any award amounts resulting from the play of the primary wagering game; cause a display, by the display device, of an indication of a play of a secondary game; cause a display, by the display device, of an indication of a single one of the plurality of different wheels to be active for the play of the secondary game, wherein which of the plurality of different wheels is active is based on the selected one of the different wager amount levels for the play of the primary wagering game; cause a display, by the display device, of the single active wheel spinning and stopping to indicate a section of the active wheel for the play of the secondary game; and cause a display, by the display device, for the single active wheel, of an award amount associated with the indicated section of the active wheel
and
15. A gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to: cause a display, by a display device, of symbol display elements of a primary wagering game, indications of different wager amount levels for a play of the primary wagering game, indications of each of a plurality of different wheels respectively associated with the different wager amount levels, and indications of different features of the different wheels respectively associated with those different wager amount levels; cause a display, by the display device, of an indication of a selection of one of the different wager amount levels for the play of the primary wagering game; cause a display, by the display device, of the play of the primary wagering game; cause a display, by the display device, of any award amounts resulting from the play of the primary wagering game; cause a display, by the display device, of an indication of a play of a secondary game; cause a display, by the display device, of an indication of a first wheel of the plurality of different wheels that is associated with the selected wager amount level for the play of the primary wagering game to be active for the play of the secondary game; cause a display, by the display device, of the first wheel spinning and stopping to indicate a section of the first wheel for the play of the secondary game; cause a display, by the display device, for the first wheel, of an award amount associated with the indicated section of the first wheel; cause a display, by the display device, of a second wheel of the plurality of different wheels that is not associated with the selected wager amount level for the play of the primary wagering game to be active for the play of the secondary game; cause a display, by the display device, of the second wheel spinning and stopping to indicate a section of the second wheel for the play of the secondary game; and cause a display, by the display device, for the second wheel, of an award amount associated with the indicated section of the second wheel.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manz et al. (pub. no. 20180158275) in view of Bland et al. (pub. no. 20200111328) and Meyer (pub. no. 20130237306).
Regarding claim 1, Manz discloses a gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor (“In one preferred embodiment, the gaming machine 100 includes a microprocessor or controller (not shown) for controlling the gaming machine, including receiving player input and sending output signals for controlling the various components of the machine 100 (such as generating game information for display by the display 104)”, [0027]),
cause the processor to: cause a display, by a display device, of symbol display elements of a primary wagering game; cause a display, by the display device, of the play of the primary wagering game; cause a display, by the display device, of any award amounts resulting from the play of the primary wagering game (“The gaming machine 100 may be configured to present a wide variety of games. In a preferred embodiment, the game may be a bingo or bingo-based game. However, the games might be other types of games such as, but not limited to, Class III type games such as slot games and video poker games, or other Class II type games such as pull-tab games, lotto or instant lottery style games. In one embodiment, certain game outcomes may be designated as winning outcomes. Prizes or awards may be provided for winning outcomes, such as monetary payments (or representations thereof, such as prize of credits), or the like. As detailed below, one or more of the awards may have certain characteristics or features”, [0025]);
cause a display, by the display device, of an indication of a play of a secondary game (“In accordance with the invention, the gaming machine 100 may be configured to implement or include a wheel event or feature. The wheel event may be presented in various manners. In one embodiment, the gaming machine 100 may include one or more physical wheels, or it might be configured to display a video or electronic representation thereof, either via the main display or one or more secondary video displays. For example, the gaming machine 100 might include the main display 104, such as for displaying bingo game information. The gaming machine 100 might also include a wheel or a second video display for displaying a video representation of a wheel”, [0034]);
wherein which of the plurality of different wheels are active for the play of the secondary games is based on different wager amount levels for the play of the primary wagering game (“In one embodiment of the invention, as illustrated in FIG. 2A, one or more wheels are used to indicate one or more awards. For example, a wheel W might be divided into a plurality of segments or spaces S. The number and shape of those spaces S may vary. Preferably, the outcome of a wheel event is the selection of one or more of the spaces and an award associated therewith. Preferably, the selection is illustrated or represented by motion or movement and then the cessation of such motion or movement. For example, a selection event might comprise the wheel spinning and then stopping relative to a pointer P as indicated in FIG. 2A, or the movement and then stopping of a pointer P relative to the wheel W as illustrated in FIG. 2B (the pointer might comprise a physical element or displayed element, and might also comprise highlighting or other manner of displaying a selected segment). The segment which aligns with the pointer when the wheel or pointer stops moving may be deemed to be a selected segment. In some embodiments, more than one segment may be selected. Of course, when the wheel is a video representation, the movement of the wheel, pointer or the like is represented graphically via the video display”, [0036];
“One wheel feature of the invention comprises the use of wheels having different associated values. The values may vary depending upon various criteria. For example, a player playing a wagering game might be permitted to place wagers of varying amounts. Depending upon the amount wagered, the wheel used in a wheel event or feature comprising the game or associated with the game, might vary. In one embodiment, the values associated with segments or portions of each wheel might vary depending upon the amount wagered. As one example, for wagers of a first amount or range of amounts, a wheel might have segments displaying win values of 2, 4, 6, 8, etc., as illustrated in FIG. 3A. For wagers of a second amount or range of amounts higher than the first amount, a wheel might have segments displaying larger win values, such as 10, 15, 20, etc., as illustrated in FIG. 3B. In this manner, a player is enticed to place a larger wager, knowing that in such instances the awards associated with the wheel(s) will be higher”, [0038];
“One or more wheel events or features might include multiple wheels. The wheels might be separate or might be embedded. For example, a wheel feature might comprise a first wheel and a second wheel. The first and second wheels may be displayed and/or activated at the same or different times. In one embodiment, the first and second wheels might be used together to define an award. For example, a first wheel might spin to indicate a credit award, such as 100 credits. A second wheel might spin to indicate a multiplier value, such as 4×. Of course, three or more wheels might also be used in such situations”, [0049]);
cause a display, by the display device, for each active different wheel, of that wheel spinning and stopping to indicate a section of that wheel for the play of the secondary game; and cause a display, by the display device, for each active different wheel, of an award amount associated with the indicated section of that active different wheel (“In one embodiment, multiple wheels may be embedded, as illustrated in FIG. 6. For example, the wheels may be represented as concentric areas about a central area. The various wheel areas may rotate, such as relative to one another, including at different speeds and/or directions. Each wheel area may have a plurality of segments containing one or more indicia, such as awards, symbols, etc. The number of segments of the wheel areas may vary. For example, an interior wheel area might have 4 segments, while a middle area might have 8 segments, and an outer area might have 12 segments. The types of awards or symbols associated with the wheel areas might vary. For example, an interior area might designate multipliers and an outer area might designate a credit award. Various wheel selection features may be utilized with such an embedded wheel. For example, the concentric wheel areas could spin relative to a single pointer, as illustrated in FIG. 6 (and they could spin the in same direction or in different directions from one another). One or more central pointers could move relative to the wheel areas, such as where one pointer is provided relative to each of the areas”, [0052]).
Regarding claim 1, it is noted that Manz does not disclose displaying indications of different wager amount levels for a play of the primary wagering game, respective different quantities of a plurality of different wheels that are respectively associated with the different wager amount levels, and respective indications of the different features of the plurality of different wheels associated with those different wager amount levels and an indication of a selection of one of the different wager amount levels for the play of the primary wagering game. Bland however teaches displaying indications of different wager amount levels for a play of the primary wagering game, respective different quantities of a plurality of different wheels that are respectively associated with the different wager amount levels, and respective indications of the different features of the plurality of different wheels associated with those different wager amount levels and an indication of a selection of one of the different wager amount levels for the play of the primary wagering game (“Referring to FIGS. 39A-40C, in one embodiment, a group of buttons 34 might be implemented on LCD panel with touch panel of the operation unit 32. In such a case, each denomination button and bet button might have a legend illustrating activated bonus reels upon selecting the button. The legends teach a player how the denomination and bet effect on the bonus reel activation visually and interactively. For example, in one embodiment, the game may include three denomination options [10, 20 and 50] at any game setting condition. The control unit 22 displays these denominations in plurality of denomination buttons 161 along a denomination row on the touch dash panel of the operation unit 32. The benefit of Higher denomination play is noticeable on the denomination buttons (1¢->1 prize reel; 2¢->2 prize reels; 5¢->5 prize reels). As the player presses a denomination button that increases the denomination and activates the prize reels above reels 3, 4 or 5. As the player presses a denomination button that decreases the denomination and deactivates the prize reel(s) above reels 3, 4 or 5. The game may also include has 3 bet level options [50, 100 and 150 credits]. The control unit 22 displays the bet level options in a plurality of bet level buttons 162 arranged along a bet level row. The benefit of higher bet play is noticeable on the bet level buttons (showing the images of the 3 top reels). Each bet level button is dynamic based on the denomination selected. For example, FIGS. 39A and 40A, illustrate a state of the operation unit touch panel with a 10 denomination was selected, with one bonus prize cell highlighted. FIGS. 39B and 40B, illustrate a state of the operation unit touch panel with a 20 denomination was selected, with two bonus prize cells highlighted. FIGS. 39C and 40C, illustrate a state of the operation unit touch panel with a 50 denomination was selected, with five bonus prize cells highlighted”, [0072]).
Exemplary rationales that may support a conclusion of obviousness include use of known technique to improve similar devices (methods, or products) in the same way. Here both Manz and Bland are directed to wagering games with secondary games. To add the denomination buttons with bonus indicators of Bland to the Manz invention would be to use a known technique to improve a similar device in the same way. Therefore, it would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to modify Manz to include the denomination buttons with bonus indicators as taught by Bland. To do so would advertise bonus availability intuitively to the user thereby encouraging larger wagers.
In addition, it is noted that Manz does not disclose displaying an indication of which of the plurality of different wheels are active for the play of the secondary game. Meyer however, teaches displaying an indication of which of the plurality of different wheels are active for the play of the secondary game (“Operation of the embodiment of the invention will now be described in more detail with reference to an example, best shown in FIGS. 6 to 12. At the start of the game, all the wheels 16 on the top screen 11 are highlighted or lit up to indicate to the player of their potential to be triggered. During play of a game on the array 8 on the primary screen 7, wheel scatter symbols 16a, 16b, 16e appear on their respective reels 10a, 10b, 10e, as best shown in FIG. 6. Their corresponding wheels 12a, 12b and 12e on top screen 11 are activated, which is indicated by highlighting these wheels, whereas inactive wheels 12c and 12d dulled to indicate their inactive status, as best shown in FIG. 7”, [0066]).
Exemplary rationales that may support a conclusion of obviousness include use of known technique to improve similar devices (methods, or products) in the same way. Here both Manz and Meyer are directed to wagering games using multiple wheels. To add the highlighting of activated wheels of Meyer to the Manz invention would be to use a known technique to improve a similar device in the same way. Therefore, it would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to modify Manz to include highlighting of activated wheels as taught by Meyer. To do so would intuitively inform the user thereby increasing the perceived trustworthiness of the system.
Regarding claim 2, the combination of Manz and Bland discloses the quantity of the different wheels equals the quantity of the different wager amount levels (Bland: Fig. 39A-C and [0072]).
Regarding claim 3, the combination of Manz and Bland discloses the quantity of the different wheels is greater than the quantity of the different wager amount levels (Bland: Fig. 39A-C and [0072]).
Regarding claim 4, Manz discloses each of the quantity of the different wheels has an average expected award amount, and each of the average expected award amounts are different ([0038]).
Regarding claim 5, Manz discloses for each of a plurality of the different wager amount levels, the higher the wager amount level, the higher the average expected award amount for the wheel associated with that wager amount level ([0038]).
Regarding claim 6, Manz discloses one of the wheels comprises different types of awards associated with two of the sections of that wheel (Fig. 3A & Fig. 3B).
Regarding claim 7, Manz discloses two of the wheels comprise different types of awards associated with respective sections of those wheels (Fig. 6).
Regarding claim 8, the combination of Manz and Bland discloses a highest one of the different wager amount levels is associated with all of the plurality of different wheels (Bland: Fig. 39A-C and [0072]).
Regarding claim 9, Manz discloses a gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor ([0027]),
cause the processor to: cause a display, by a display device, of symbol display elements of a primary wagering game; cause a display, by the display device, of the play of the primary wagering game; cause a display, by the display device, of any award amounts resulting from the play of the primary wagering game ([0025]);
cause a display, by the display device, of an indication of a play of a secondary game ([0034]);
wherein which of the plurality of different wheels is active is based on the selected one of the different wager amount levels for the play of the primary wagering game ([0036], [0038], [0049]);
cause a display, by the display device, of the single active wheel spinning and stopping to indicate a section of the active wheel for the play of the secondary game; and cause a display, by the display device, for the single active wheel, of an award amount associated with the indicated section of the active wheel ([0052]).
Regarding claim 9, it is noted that Manz does not disclose displaying indications of different wager amount levels for a play of the primary wagering game, respective different quantities of a plurality of different wheels that are respectively associated with the different wager amount levels, and respective indications of the different features of the plurality of different wheels associated with those different wager amount levels and an indication of a selection of one of the different wager amount levels for the play of the primary wagering game. Bland however teaches displaying indications of different wager amount levels for a play of the primary wagering game, respective different quantities of a plurality of different wheels that are respectively associated with the different wager amount levels, and respective indications of the different features of the plurality of different wheels associated with those different wager amount levels and an indication of a selection of one of the different wager amount levels for the play of the primary wagering game ([0072]).
Exemplary rationales that may support a conclusion of obviousness include use of known technique to improve similar devices (methods, or products) in the same way. Here both Manz and Bland are directed to wagering games with secondary games. To add the denomination buttons with bonus indicators of Bland to the Manz invention would be to use a known technique to improve a similar device in the same way. Therefore, it would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to modify Manz to include the denomination buttons with bonus indicators as taught by Bland. To do so would advertise bonus availability intuitively to the user thereby encouraging larger wagers.
In addition, it is noted that Manz does not disclose displaying an indication of which of the plurality of different wheels are active for the play of the secondary game. Meyer however, teaches displaying an indication of which of the plurality of different wheels are active for the play of the secondary game ([0066]).
Exemplary rationales that may support a conclusion of obviousness include use of known technique to improve similar devices (methods, or products) in the same way. Here both Manz and Meyer are directed to wagering games using multiple wheels. To add the highlighting of activated wheels of Meyer to the Manz invention would be to use a known technique to improve a similar device in the same way. Therefore, it would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to modify Manz to include highlighting of activated wheels as taught by Meyer. To do so would intuitively inform the user thereby increasing the perceived trustworthiness of the system.
Regarding claim 10, the combination of Manz and Bland discloses the quantity of the different wheels equals the quantity of the different wager amount levels (Bland: Fig. 39A-C and [0072]).
Regarding claim 11, the combination of Manz and Bland discloses each of the quantity of the different wheels has an average expected award amount, and each of the average expected award amounts are different (Bland: Fig. 39A-C and [0072]).
Regarding claim 12, Manz discloses the higher the wager amount level, the higher the average expected award amount for the wheel associated with that wager amount level ([0038]).
Regarding claim 13, Manz discloses one of the wheels comprises different types of awards associated with two of the sections of that wheel (Fig. 3A & Fig. 3B).
Regarding claim 14, Manz discloses two of the wheels comprise different types of awards associated with respective sections of those wheels (Fig. 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE STEFAN GALKA whose telephone number is (571)270-1386. The examiner can normally be reached M-F 6-9 & 12-5.
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/LAWRENCE S GALKA/Primary Examiner, Art Unit 3715