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 an abstract idea without significantly more. Claim 12 recites a method of electronic gaming implemented on an electronic gaming device. The limitation of displaying, via at least one electronic display of the electronic gaming device, an evaluation area including a plurality of symbol positions based on one of a selected, first game play option or a selected, second game play option, wherein the second game play option is distinct from the first game play option, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “electronic display of the electronic gaming device,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “electronic display of the electronic gaming device” language, “displaying” in the context of this claim encompasses the user mentally visualizing different game selection elements. Similarly, the limitations of: evaluating are processes that, under their broadest reasonable interpretation, covers performance of the limitation in the mind. The same interpretation is applied to the remaining steps in claim 12. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – electronic display of the electronic gaming device. The electronic display of the electronic gaming device is recited at a high-level of generality (i.e., as a generic processor implementing a step) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using an electronic display of the electronic gaming device amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. Similar reasoning is applied to claims 1-11 and 13-20.
Claim Rejections - 35 USC § 102
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 US Publication No. 2014/0100031 A1 to Fong (hereinafter “Fong”).
Concerning claim 1, Fong discloses a gaming device comprising: at least one electronic display; an input device (Fig. 2, paragraphs [0066]-[0068]) including:
a first set of input elements operable to select a first game play option (paragraphs [0098]-[0103] – player selects window/size of display reels and columns to wager), and
a second set of input elements operable to select a second game play option, the second game play option distinct from the first game play option (paragraphs [0105]-[0107], [0114] – player selected lines/reels to wager and amount to wager); and
a game controller in communication with the at least one electronic display and the input device, the game controller including at least one processor, and a memory device storing instructions that, when executed by the at least one processer (Fig. 2, paragraphs [0066]-[0068]), cause the game controller to:
control the at least one electronic display to display an evaluation area including a plurality of symbol positions based on one of the selected, first game play option or the selected, second game play option (paragraphs [0098]-[0103], [0105]-[0109], [0114] – game selections are evaluated and awards are presented based on the first and second selections);
select symbols, based on symbol data in the memory device, for display in one of the plurality of the symbol positions included in the evaluation area (paragraphs [0098]-[0103], [0105]-[0109], [0114] – game selections are evaluated and awards are presented based on the first and second selections); and
evaluate the selected symbols for winning combinations based on one of the selected, first game play option or the selected, second game play option (paragraphs [0098]-[0103], [0105]-[0109], [0114] – game selections are evaluated and awards are presented based on the first and second selections).
Concerning claim 2, Fong discloses wherein the first game play option selected by the first set of input elements includes: a first arrangement of the plurality of symbol positions including a first number of rows of the plurality of symbol positions; and a second arrangement of the plurality of symbol positions including a second number of rows of the plurality of symbol positions, the second number of rows of the plurality of symbol positions is greater than the first number of rows of the plurality of symbol positions (paragraphs [0098]-[0103] – player may select multiple windows with different sizes and numbers of rows).
Concerning claim 3, Fong discloses wherein: the first arrangement of the plurality of symbol positions further includes a first number of columns of the plurality of symbol positions, and the second arrangements of the plurality of symbol positions further includes a second number of columns of the plurality of symbol positions, the second number of columns of the plurality of symbol positions is greater than the first number of columns of the plurality of symbol positions (paragraphs [0098]-[0103] – player may select multiple windows with different sizes and numbers of columns).
Concerning claim 4, Fong discloses wherein the second game play option selected by the second set of input elements includes: a first win evaluation including a first number of reels formed from the plurality of symbol positions of the first arrangement or the second arrangement; and a second win evaluation including a second number of reels formed from the plurality of symbol positions of the first arrangement or the second arrangement, the second number of reels formed from the plurality of symbol positions is greater than the first number of reels formed from the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – window options may vary in size based on the player selection).
Concerning claim 5, Fong discloses wherein in response to evaluating the selected symbols for the winning combinations based on the selected, second game play option, the instructions stored in the memory device, when executed by the processor, further cause the game controller to: compare each of the plurality of symbol positions forming the first number of reels to reference symbol positions included in the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – the size of the window is compared to a general size in order to present options for wager amounts).
Concerning claim 6, Fong discloses wherein in response to evaluating the selected symbols for the winning combinations based on the selected, second game play option, the instructions stored in the memory device, when executed by the processor, further cause the game controller to one of: compare each of the plurality of symbol positions forming the second number of reels to the reference symbol positions included in the plurality of symbol positions, or evaluate each of the plurality of symbol positions forming the second number of reels, in response to the second number of reels including every symbol position of the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – multiple windows including reels may be selected and evaluated).
Concerning claim 7, Fong discloses wherein the second game play option selected by the second set of input elements includes: a first number of pay lines for the plurality of symbol positions of the first arrangement or the second arrangement; and a second number of pay lines for the plurality of symbol positions of the first arrangement or the second arrangement, the second number of pay lines for the plurality of symbol positions is greater than the first number of pay lines for the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – multiple windows/pay lines may be selected and evaluated).
Concerning claim 8, Fong discloses wherein the second game play option selected by the second set of input elements includes: a first bet multiplier for the plurality of symbol positions of the first arrangement or the second arrangement; and a second bet multiplier for the plurality of symbol positions of the first arrangement or the second arrangement, the second bet multiplier for the plurality of symbol positions is greater than the first bet multiplier for the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – multiple bet multipliers may be selected and evaluated).
Concerning claim 9, Fong discloses wherein the first game play option selected by a first input element of the first set of input elements includes a bet multiplier for the plurality of symbol positions, and wherein the first game play option selected by a second input element of the first set of input elements includes an arrangement of the plurality of symbol positions including: a number of rows of the plurality of symbol positions, and a number of columns of the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – multiple windows including different columns/rows and bet multipliers may be selected and evaluated).
Concerning claim 10, Fong discloses wherein the input device is formed as a touch panel associated with the at least one electronic display, and each input element of the first set and the second set is formed as a virtual button (paragraphs [0018], [0064] - input device may be a touch screen).
Concerning claim 11, Fong discloses wherein the input device further comprises: a third set of input elements operable to select a third game play option, the third game play option distinct from the first game play option and the second game play option (paragraphs [0083] – [0090] – player may select additional window and determine different bet multipliers associated with additional window).
Concerning claim 12, see the rejection of claim 1.
Concerning claim 13, Fong discloses wherein the displaying of the evaluation area including the plurality of symbol positions based on the selected, first game play option further includes one of: displaying a first arrangement of the plurality of symbol positions, the first arrangement including: a first number of rows of the plurality of symbol positions, and a first number of columns of the plurality of symbol positions; or displaying a second arrangement of the plurality of symbol positions, the second arrangement including: a second number of rows of the plurality of symbol positions, the second number of rows of the plurality of symbol positions is greater than the first number of rows of the plurality of symbol positions, and a second number of columns of the plurality of symbol positions, the second number of columns of the plurality of symbol positions is greater than the first number of columns of the plurality of symbol positions (paragraphs [0098]-[0103] – player may select multiple windows with different sizes and numbers of rows/columns).
Concerning claim 14, Fong discloses wherein the evaluating of the selected symbols for the winning combinations based on the selected, second game play option includes one of: comparing each of the plurality of symbol positions forming a first number of reels to reference symbol positions included in the plurality of symbol positions, the first number of reels formed from the plurality of symbol positions of the first arrangement or the second arrangement; comparing each of the plurality of symbol positions forming a second number of reels to the reference symbol positions included in the plurality of symbol positions, the second number of reels formed from the plurality of symbol positions of the first arrangement or the second arrangement, wherein the second number of reels formed from the plurality of symbol positions is greater than the first number of reels formed from the plurality of symbol positions; or evaluate each of the plurality of symbol positions forming the second number of reels, in response to the second number of reels including every symbol position of the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – window options may vary in size based on the player selection).
Concerning claim 15, Fong discloses wherein the evaluating of the selected symbols for the winning combinations based on the selected, second game play option includes one of: evaluating a first number of pay lines for the plurality of symbol positions of the first arrangement or the second arrangement; or evaluating a second number of pay lines for the plurality of symbol positions of the first arrangement or the second arrangement, the second number of pay lines for the plurality of symbol positions is greater than the first number of pay lines for the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – multiple windows/pay lines may be selected and evaluated).
Concerning claim 16, Fong discloses wherein the evaluating of the selected symbols for winning combinations based on the selected, second game play option includes one of: evaluating a first bet multiplier for the plurality of symbol positions of the first arrangement or the second arrangement, or evaluating a second bet multiplier for the plurality of symbol positions of the first arrangement or the second arrangement, the second bet multiplier for the plurality of symbol positions is greater than the first bet multiplier for the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – multiple bet multipliers may be selected and evaluated).
Concerning claim 17, see the rejection of claim 1.
Concerning claim 18, Fong discloses wherein the controlling the at least one electronic display to display the evaluation area including the plurality of symbol positions based on the selected, first game play option further causes the at least one processor to one of: control the at least one electronic display to display a first arrangement of the plurality of symbol positions, the first arrangement including: a first number of rows of the plurality of symbol positions, and a first number of columns of the plurality of symbol positions; or control the at least one electronic display to display a second arrangement of the plurality of symbol positions, the second arrangement including: a second number of rows of the plurality of symbol positions, the second number of rows of the plurality of symbol positions is greater than the first number of rows of the plurality of symbol positions, and a second number of columns of the plurality of symbol positions, the second number of columns of the plurality of symbol positions is greater than the first number of columns of the plurality of symbol positions (paragraphs [0098]-[0103] – player may select multiple windows with different sizes and numbers of rows/columns).
Concerning claim 19, Fong discloses wherein the evaluating of the selected symbols for the winning combinations based on the selected, second game play option further causes the at least one processor to one of: compare each of the plurality of symbol positions forming a first number of reels to reference symbol positions included in the plurality of symbol positions, the first number of reels formed from the plurality of symbol positions of the first arrangement or the second arrangement; compare each of the plurality of symbol positions forming a second number of reels to the reference symbol positions included in the plurality of symbol positions, the second number of reels formed from the plurality of symbol positions of the first arrangement or the second arrangement, wherein the second number of reels formed from the plurality of symbol positions is greater than the first number of reels formed from the plurality of symbol positions; or evaluate each of the plurality of symbol positions forming the second number of reels, in response to the second number of reels including every symbol position of the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – window options may vary in size based on the player selection).
Concerning claim 20, Fong discloses wherein the evaluating of the selected symbols for the winning combinations based on the selected, second game play option further causes the at least one processor to one of: evaluate a first number of pay lines for the plurality of symbol positions of the first arrangement or the second arrangement; or evaluate a second number of pay lines for the plurality of symbol positions of the first arrangement or the second arrangement, the second number of pay lines for the plurality of symbol positions is greater than the first number of pay lines for the plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – window options may vary in size based on the player selection).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALINA D BLAISE whose telephone number is (571)270-3398. The examiner can normally be reached Mon. - Thurs. 7:00 am - 5:00 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MALINA D. BLAISE
Primary Examiner
Art Unit 3715
/MALINA D. BLAISE/Primary Examiner, Art Unit 3715