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 § 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.
Claim(s) 1-6 and 10-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baerlocher et al (2011/0117981) hereinafter, Baerlocher in view of Upton et al (2018/0082530) hereinafter, Upton further in view of Thomas et al (2021/0043041) hereinafter, Thomas.
In regards to claim 1, Baerlocher teaches a system comprising:
a processor (fig. 2a (12)); and
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to (fig. 2a (14)):
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communicate data that results in a display [0074] (fig. 2b (56)), by a first display device (fig. 2a (16, 18, and 20)),
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Baerlocher fails to teach of a plurality of progressive awards,
However, Upton teaches of a plurality of progressive awards [0015, 0022, 0028-0038, 0069].
[0069] In certain embodiments, the multiple player progressive award sequence is displayed to the qualifying players as tournament. In these embodiments, for each qualifying player, at least partially based on that player's inputs (which tend to measure one or more aspects of that player's skill result) made during the plays of the skill-based games (or partial skill-based games) of the triggered multiple player progressive award sequence, the gaming system determines a relative ranking or position for that player. In these embodiments, a player's relative ranking is based on a on a quantity of points provided to the player as a result of the player's measured skill during the plays of the skill-based game of the triggered multiple player progressive award sequence. During the play of the multiple player progressive award sequence, the gaming system displays the player's relative ranking, current quantity of points and the relative ranking and current quantity of points for one or more other players via a leader board. Following the plays of the games of the triggered multiple player progressive award event and the gaming system displaying a tournament summary including the final score or final position for one or more qualifying players, the gaming system determines which of the qualifying players wins the progressive award based at least in part on each player's determined ranking or position.
It would have been obvious to one of ordinary skill in the art to modify the rewards of Baelocher to further include of a plurality of progressive awards as taught by Upton in order to encourage some user to continue to play [004-006]
Baerlocher and Upton fail to tach following the display of the leaderboard by the second display device
However, Thomas teaches following the display of the leaderboard by the second display device. (figs 5-8, 35 and 36 [154] Thomas). Examiner notes, the leaderboard shows the 404 current stands and can show previous sessions [154] but also there may be rounds and the leaderboard is updated between rounds [134].
[0154] A welcome message may be displayed, e.g., displayed on each EGM and/or on a kiosk display, topper display, leaderboard display, or other signage display, such as overhead sign 406 and leaderboard display 404, in order to welcome players to the upcoming session. In some implementations, as shown in FIG. 5, the leaderboard display 404 may be caused to show the current player tournament rankings. In other implementations, such a leaderboard may be configured to alternatively or additionally show data from a previous session of the tournament or round of the tournament, e.g., the rankings and scores of the players in the immediately preceding session (for the initial session of a tournament or round of a tournament, however, such data may not be available, and content similar to FIG. 4 may be depicted instead).
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It would have been obvious to one of ordinary skill in the art to modify the teachings of Baelocher and Upton to further include following the display of the leaderboard by the second display device as taught by Thomas in order to compare stands to other players in the tournament [134].
Therefore, Baerlocher in view of Upton and Thomas teaches communicate data that results in a display, by a second display device (fig. 2b (10, 10, 10)) Baerlocher), of a leaderboard comprising a plurality of ranked positions and a plurality of player identifiers ([0035, 127,160] Upton) associated with the plurality of ranked positions [0014,0069] Upton and (fig. 4 players and [132] Baerlocher) , and following the display of the leaderboard by the second display device and (figs 5-8, 35 and 36 [154] Thomas)
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responsive to an occurrence of an award triggering event(fig. 3 (112) Baerlocher):
enable at least two players associated with at least two player identifiers of the plurality of player identifiers to participate in a competition, wherein the at least two player identifiers are each associated with a designated ranked position of the plurality of the ranked positions [009-0014, 0037,0041,0043,106-107] Baerlocher and (fig. 1b (124-138)[0069] Upton and
determine, based on the competition, which of the plurality of progressive awards (fig. 2 202a-202e) to be made available to which of the at least two players [0011-0014] Baerlocher and (fig. 1b (134-138) [0069] Upton).
In regards to claim 10, Baerlocher teaches a system comprising (abstract):
a processor; and (fig. 2a (12));
a memory device that stores a plurality of instructions that, when executed by the processor, cause the processor to: (fig. 2a (14)):
communicate data that results in a display, [0074] (fig. 2b (56)), by a display device(fig. 2a (16, 18, and 20)), of
Baerlocher fails to expressly teach a leaderboard.
However, Upton teaches leaderboard and progressive awards. [0015, 0022, 0028-0038, 0069].
It would have been obvious to one of ordinary skill in the art to modify the teachings of Baerlocher to further include leaderboards as taught by Upton in order to allow progressive awards in order to encourage some user to continue to play [004-006].
Baerlocher and Upton fail to tach following the display of the leaderboard by the second display device.
However, Thomas teaches following the display of the leaderboard by the second display device. (figs 5-8, 35 and 36 [154] Thomas). Examiner notes, the leaderboard shows the 404 current stands and can show previous sessions [154] but also there may be rounds and the leaderboard is updated between rounds [134].
It would have been obvious to one of ordinary skill in the art to modify the teachings of Baelocher and Upton to further include following the display of the leaderboard by the second display device as taught by Thomas in order to compare stands to other players in the tournament [134].
Therefore, Baerlocher in view of Upton teaches leaderboard comprising at least a first designated ranked position associated with a first identifier, a second, different designated ranked position associated with a second, different identifier, and a third, different ranked position associated with a third, different identifier [0069] Upton in view of (fig. 4 (Player 1-4) Baelocher), and following the display of the leaderboard by the second display device and (figs 5-8, 35 and 36 [154] Thomas) and responsive to an award triggering event(fig. 3 (112) Baerlocher in view of (fig. 1a (104) Upton
determine, via a separately occurring competition participated in by a first participant associated with the first identifier and a second, different participant associated with the second, different identifier([0035, 127,160] Upton), which of the first participant and the second participant win a first level progressive award of a multi-level progressive award (fig. 1b (124-138) (fig. 2 Tier for progressive awards) Upton, and communicate data that results in a display, by the display device, of one of the first participant and the second participant winning one of the first level progressive award and the other one of the first participant and the second participant winning a second level progressive award of the multi-level progressive award ((fig. 2 202a-202e) fig. 3 (EGMs Upon)).
In regards to claim 12, Baerlocher teaches a method of operating a system, the method comprising: displaying, by a first display device, displaying, by a second display device (fig. 2a (16, 18, and 20)),
a plurality of progressive awards, and leaderboard. [0015, 0022, 0028-0038, 0069].
It would have been obvious to one of ordinary skill in the art to modify the rewards of Baelocher to further include of a plurality of progressive awards as taught by Upton in order to encourage some user to continue to play [004-006]
Baerlocher and Upton fail to tach following the display of the leaderboard by the second display device
However, Thomas teaches following the display of the leaderboard by the second display device. (figs 5-8, 35 and 36 [154] Thomas). Examiner notes, the leaderboard shows the 404 current stands and can show previous sessions [154] but also there may be rounds and the leaderboard is updated between rounds [134].
It would have been obvious to one of ordinary skill in the art to modify the teachings of Baelocher and Upton to further include following the display of the leaderboard by the second display device as taught by Thomas in order to compare stands to other players in the tournament [134].
Therefore, Baerlocher in view of Upton teaches a leaderboard comprising a plurality of ranked positions and a plurality of player identifiers associated with the plurality of ranked positions, and and following the display of the leaderboard by the second display device and (figs 5-8, 35 and 36 [154] Thomas)responsive[0069] Upton in view of (fig. 4 (Player 1-4) Baelocher), to an occurrence of an award triggering event fig. 3 (112) Baerlocher in view of (fig. 1a (104) Upton: enabling at least two players associated with at least two player identifiers ([0035, 127,160] Upton) of the plurality of player identifiers to participate in a competition, wherein the at least two player identifiers are each associated with a designated ranked position of the plurality of the ranked positions, and determining [009-0014, 0037,0041,0043,106-107] Baerlocher and (fig. 1b (124-138) Upton and, by a processor and based on the competition, which of the plurality of progressive awards (fig. 2 202a-202e) to be made available to which of the at least two players (fig. 1b (138) Upton).
In regards to claims 2, Baerlocher in view of Upton and Thomas teaches he system of claim 1, wherein the competition comprises a head-to-head competition between the at least two players [0068-0071] Upton.
In regards to claims 3, Baerlocher in view of Upton and Thomas teaches system of claim 1, wherein the competition comprises a skill-based competition [0022,0029] Upton.
In regards to claims 4, Baerlocher in view of Upton and Thomas teaches system of claim 1, wherein the first display device and the second display device are different display devices (fig. 2a (16, 18, 40 for each device)) Baerlocher.
In regards to claims 5, Baerlocher in view of Upton and Thomas teaches system of claim 1, wherein each of the progressive awards is associated with a different place finish in the competition [0027-0030] Upton.
In regards to claims 6, Baerlocher in view of Upton and Thomas teaches system of claim 1, wherein a first one of the plurality of player identifiers is associated with a first one of the plurality of ranked positions based on a first quantity of tracked occurrences of an event and a second, different one of the plurality of player identifiers is associated with a second, different one of the plurality of ranked positions based on a second, different quantity of tracked occurrences of the event (fig. 4 competitor Baerlocher in view of [0069] Upton).
In regards to claims 11, Baerlocher in view of Upton and Thomas teaches system of claim 10, wherein the first participant comprises a team of a plurality of players [101] Baerlocher and [219] Upton.
In regards to claims 13, Baerlocher in view of Upton and Thomas teaches method of claim 12, wherein the competition comprises a head-to-head competition between the at least two players. [0068-0071] Upton.
In regards to claims 14, Baerlocher in view of Upton and Thomas teaches method of claim 12, wherein the competition comprises a skill-based competition. [0068-0071] Upton.
In regards to claims 15, Baerlocher in view of Upton and Thomas teaches method of claim 12, wherein the first display device and the second display device are different display devices. (fig. 2a (16, 18, 40 for each device)) Baerlocher.
In regards to claims 16, Baerlocher in view of Upton and Thomas teaches method of claim 12, wherein each of the progressive awards is associated with a different place finish in the competition. (fig. 4 competitor Baerlocher in view of [0069] 202a-202e Upton).
In regards to claims 17, Baerlocher in view of Upton and Thomas teaches method of claim 12, wherein a first one of the plurality of player identifiers is associated with a first one of the plurality of ranked positions based on a first quantity of tracked occurrences of an event and a second, different one of the plurality of player identifiers is associated with a second, different one of the plurality of ranked positions based on a second, different quantity of tracked occurrences of the event. (fig. 4 competitor Baerlocher in view of [0069] Upton).
Claim(s) 7,9, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baerlocher et al (2011/0117981) hereinafter, Baerlocher in view of Upton et al (2018/0082530) hereinafter, Upton and Thomas further in view of Dickenson et al (2021/0150860)
In regards to claim 7, Baerlocher and Upton fail to teach the system of claim 6, wherein the event occurs independent of any play of any game.
However, Dickenson teaches wherein the event occurs independent of any play of any game. [0069](ie. Lottery, coupon, etc.).
It would have been obvious to one of ordinary skill in the art to modify the event as taught by Baerlocher and Upton and Thomas to further include wherein the event occurs independent of any play of any game as taught by Dickenson in order to provide broader base for incentives which can attract more individuals.
In regards to claim 9, Baerlocher and Upton and Thomas teaches the system of claim 1, wherein the plurality of progressive awards comprises two progressive awards, at least three players associated with at least three player identifiers of the plurality of player identifiers participate in the competition (fig. 4 players 1-5) Baerlocher in view of (fig. 2 progressive awards and [0069] Upton)
Baerlocher and Upton and Thomas fail to teach, no progressive award is made available for one of the players participating in the competition.
However, Dickernson teaches wherein no awards are awarded when they are eliminated (fig. 2c player 3 0) Dickernson.
It would have been obvious to one of ordinary skill in the art to modify the progressive awards teachings of Baerlocher and Upton to include no progressive award is made available for one of the players participating in the competition as taught by Dickernson in order to notify users when they are eliminated [0087].
In regards to claim 18, Baerlocher and Upton and Thomas in view of Dickernson, see rational of claim 7, teaches the method of claim 17, wherein the event occurs independent of any play of any game. [0069](ie. Lottery, coupon, etc.). Dickenson
In regards to claim 20, Baerlocher and Upton and Thomas in view of Dickernson, see rational of claim 9, method of claim 12, wherein the plurality of progressive awards comprises two progressive awards, at least three players associated with at least three player identifiers of the plurality of player identifiers participate in the competition and no progressive award is made available for one of the players participating in the competition. (fig. 4 players 1-5) Baerlocher in view of (fig. 2 progressive awards and [0069] Upton) in view of (fig. 2c player 3 0) Dickernson.
Claim(s) 8 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baerlocher et al (2011/0117981) hereinafter, Baerlocher in view of Upton et al (2018/0082530) hereinafter, Upton and Thomas further in view of Fish et al (7828661) hereinafter, Fish.
In regards to claim 8, Baerlocher and Upton and Thomas fail to teach the system of claim 1, wherein the leaderboard comprises a plurality of leaderboards and the at least two player identifiers associated with the at least two players participating in the competition are associated with ranked positions of the plurality of leaderboards.
However, Fish teaches wherein the leaderboard comprises a plurality of leaderboards and the at least two player identifiers associated with the at least two players participating in the competition are associated with ranked positions of the plurality of leaderboards. (fig. 4 (410, 410A, 410B, 410C, and 410D) and fig. 5 leaderboards).
It would have been obvious to one of ordinary skill in the art to modify the teachings of Baerlocher to further include wherein the leaderboard comprises a plurality of leaderboards and the at least two player identifiers associated with the at least two players participating in the competition are associated with ranked positions of the plurality of leaderboards as taught by Fish in order to provide a wide view of the rankings and allow the user to see different parameters
In regards to claim 19, Baerlocher in view of Upton and Thomas and Fish teaches, see rational of claim 8, the method of claim 12, wherein the leaderboard comprises a plurality of leaderboards and the at least two player identifiers associated with the at least two players participating in the competition are associated with ranked positions of the plurality of leaderboards. (fig. 4 (410, 410A, 410B, 410C, and 410D) and fig. 5 leaderboards) Fish.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Thomas teaches:
[0154] A welcome message may be displayed, e.g., displayed on each EGM and/or on a kiosk display, topper display, leaderboard display, or other signage display, such as overhead sign 406 and leaderboard display 404, in order to welcome players to the upcoming session. In some implementations, as shown in FIG. 5, the leaderboard display 404 may be caused to show the current player tournament rankings. In other implementations, such a leaderboard may be configured to alternatively or additionally show data from a previous session of the tournament or round of the tournament, e.g., the rankings and scores of the players in the immediately preceding session (for the initial session of a tournament or round of a tournament, however, such data may not be available, and content similar to FIG. 4 may be depicted instead).
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Examiner notes the leaderboard shows the 404 current stands and can show previous sessions [154] but also there may be rounds/sessions and the leaderboard is updated between rounds/sessions [134]. Examiner believes it would have been well within the purview of one of ordinary skill in the art to modify the teachings of Baerlocher and Upton to provide following the display of the leaderboard by the second display device, or, displaying the leaderboard before the competition, in order to give current players an idea of the competition.
Examiner is open to an interview if Applicant thinks it would help advance prosecution.
Further related prior art: Nelson et al 2020/0043293 Leaderboard promotions in gaming systems which provide one or more players one or more benefits in association with maintaining one or more designated positions on a leaderboard for a designated duration. And fig. 1.
Conclusion
THIS ACTION IS MADE FINAL. 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 GRANT SITTA whose telephone number is (571)270-1542. The examiner can normally be reached M-F 7:30-4:00.
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, Patrick Edouard can be reached at 571-272-6084. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRANT SITTA/Primary Examiner, Art Unit 2622
Prosecution Insights