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 . This Office Action is in response to Applicant’s reply filed 5/11/26. Claims 1-3, 12-14, 17, and 18 are amended. Claims 1-20 are pending.
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.
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication No. 2014/0100031 A1 to Fong (hereinafter “Fong”) in view of US Publication No. 2022/0309871 A1 to Hawkins et al. (hereinafter “Hawkins”).
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 a game matrix including a plurality of symbol positions (paragraphs [0098]-[0103], [0105]-[0109], [0114] – game selections are evaluated and awards are presented based on the first and second selections).
Fong lacks specifically disclosing, however, Hawkins discloses alter a size of the game matrix including a number of symbol positions for play of the plurality of symbol positions based on the selected first game play option; determine a set of reference symbol positions in the altered game matrix; determine a number of award sets of symbol positions for evaluation based on the selected second game play option, each award set of symbol positions evaluated for determining whether an award is achieved as part of game play; select symbols, based on at least one random number generator (RNG)-based lookup operation using symbol data stored in the memory device, for display in one of the plurality of the symbol positions included in the altered game matrix; and evaluate the selected symbols for winning combinations in the altered game matrix based on the award sets of symbol positions (Fig. 3J, paragraphs [0101], [0107]-[0113]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate varying the size of the gaming matrix as disclosed by Hawkins in the system of Fong in order to change the volatility of the game, thereby making the game more interesting to the player.
Concerning claim 2, Fong discloses wherein the award set of symbol positions 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 arrangement 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). Fong lacks specifically disclosing, however, Hawkins discloses the altered game matrix (Fig. 3J, paragraphs [0101], [0107]-[0113]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate varying the size of the gaming matrix as disclosed by Hawkins in the system of Fong in order to change the volatility of the game, thereby making the game more interesting to the player.
Concerning claim 14, Fong discloses wherein the evaluating of the selected symbols for the winning combinations includes one of: comparing each of the plurality of symbol positions forming a first number of reels to the set of 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 set of 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). Fong lacks specifically disclosing, however, Hawkins discloses the altered game matrix (Fig. 3J, paragraphs [0101], [0107]-[0113]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate varying the size of the gaming matrix as disclosed by Hawkins in the system of Fong in order to change the volatility of the game, thereby making the game more interesting to the player.
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).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot based on the new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed in the PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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
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