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.
Step 1 (What is the statutory category?):
Claims 1-20 are drawn to at least one of the four statutory categories of invention (ie: process, machine, manufacture, or composition).
Step 2A; Prong I (Does the claim recite an abstract idea?):
Claim 1 recites:
A gaming system comprising:
a processor; and
a memory storing instructions thereon, wherein the instructions when executed by the processor, cause the processor to:
cause display of a spinning of a bonus indicator relative to a stopping position indicator, the bonus indicator including a plurality of outcome sections each including an outcome indicator displayed therein;
stop the spinning of the bonus indicator relative to the stopping position indicator, the stopping position indicator identifying a first outcome section of the plurality of outcome sections when spinning of the bonus indicator is stopped; and
cause display of a moving of the stopping position indicator on the bonus indicator from the first outcome section to a second outcome section of the plurality of outcome sections.
Claim 12 recites:A non-transitory computer-readable media containing instructions embodied thereon which, when executed by a processor, cause the processor to:
cause display of a spinning of a bonus indicator relative to a stopping position indicator, the bonus indicator including a plurality of outcome sections each including an outcome indicator displayed therein;
stop the spinning of the bonus indicator relative to the stopping position indicator, the stopping position indicator identifying a first outcome section of the plurality of outcome sections when spinning of the bonus indicator is stopped; and
cause display of a moving of the stopping position indicator on the bonus indicator from the first outcome section to a second outcome section of the plurality of outcome sections.Claim 18 recites:An electronic gaming device comprising:
a cabinet;
a main display coupled to the cabinet;
a mechanical topper display coupled to the cabinet;
a plurality of mechanical reels configured to spin on the cabinet for display of a base game;
a game controller in communication with the main display, the mechanical topper display, and the plurality of mechanical reels, wherein the game controller is configured to:
control the main display to display a spinning of a bonus indicator relative to a stopping position indicator, the bonus indicator including a plurality of outcome sections each including an outcome indicator displayed therein;
control the main display to stop the spinning of the bonus indicator relative to the stopping position indicator, the stopping position indicator identifying a first outcome section of the plurality of outcome sections when spinning of the bonus indicator is stopped; and
control the main display to move the stopping position indicator on the bonus indicator from the first outcome section to a second outcome section of the plurality of outcome sections.
[the Examiner submits that the foregoing underlined elements recite certain method of organizing human activity because they describe “managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)”]
According to the 2019 Revised Patent Subject Matter Guidelines, Certain Methods of Organizing Human Activity, Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions) "encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping." (Emphasis added)
To further elaborate on the Examiner’s interpretation regarding the claimed invention being directed towards certain methods of organizing human activity, the Examiner believes the invention describe managing interactions between people and machine (ie: a gaming machine) in which rules or instructions for the gaming machine is being implemented (ie: cause display of a spinning of a bonus indicator relative to a stopping position indicator, the bonus indicator including a plurality of outcome sections each including an outcome indicator displayed therein; stop the spinning of the bonus indicator relative to the stopping position indicator, the stopping position indicator identifying a first outcome section of the plurality of outcome sections when spinning of the bonus indicator is stopped; and cause display of a moving of the stopping position indicator on the bonus indicator from the first outcome section to a second outcome section of the plurality of outcome sections.)
Step 2A; Prong II (Does the claim recite a practical application?):
The Examiner submits that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application.
The dependent claims merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than instructions to implement the abstract idea on a computer, or use a computer as tool to perform the abstract idea.
Taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
The abstract idea is not integrated into a practical application for the following reasons. The claim elements of claims 1, 12, and 18 above that are not underlined constitute additional limitations.
The Examiner submits that the following additional limitation merely uses a computer as a tool to perform the abstract idea: processor, memory, cabinet, main display, mechanical topper display, and game controller
The Examiner finds that there are concepts regarding the application that simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality. For example:
Bregenzer, US 20040224745 discloses that it is well understood that software and firmware that controls for a casino-based game is stored on various memory devices, such as a ROM, EPROM, EEPROM, flash memory, hard drive, disk drive, or other alterable or inalterable memory or memories, and that the memory devices are linked to the processor or processors (paragraph 28);
Krynicky, US 20050266909, discloses that slot machines are also well known in the art and comprise a row or rows of reels (or simulated reels) having symbols positioned about the face of each reel (paragraph 5);
Guinn et al., US 20140094274 discloses that display devices for a gaming machine may comprise a plasma, LED, OLED, LCD, CRT, projection, or transmissive display device and are well-known to one of ordinary skill in the art (paragraph 38);
Loose et al., US 20130157751 discloses that a display device for a gaming machine may include, for example, a mechanical-reel display, a video display, a transmissive display assembly, other known display devices, and combinations thereof (paragraph 36);
Rehill et al., US 10726678 discloses that it is well known to one of ordinary skill in the graphical user interfaces are arranged to display information regarding a program, software application or other element associated with a computing device (Col 22, lines 44-47); Wilson, US 20070099695 discloses that slot machines are popular in casinos and other gaming establishments and that a typical slot machine has a number of (physical or animated) reels which spin during play and stop to display a pattern of symbols on one or more payout lines. Certain symbol patterns are "winners" resulting in a payout to the player (paragraph 2);
Pecenik et al., US 20170092069, discloses that output device for a gaming machine is well-known to one of ordinary skill in the art and may comprise any number or combination of a variety of well-known devices, including, without limitation: a display device, a light-emitting diode (LED), an audio speaker, an electric motor, a printer, a coupon or product dispenser, an infra-red port (e.g., for communicating with a second game machine), a Braille computer monitor, a coin and/or bill dispenser, a bell, an LED display (e.g., for displaying a players credit balance) (paragraph 82);
Cockrell, Jr., US 20070057464, discloses that computer systems for implementing games can be suitable general-purpose computers having a processor and memory and are well known to one of ordinary skill in the art (paragraph 69);
Thomas, US 20160358424, discloses that reel-based games utilize symbols for display on an array for generating outcomes are well-known to one of ordinary skill in the art (paragraph 4);
Falciglia, SR., US 20100203948 discloses that, as is well known, the combinations of reel positions and their odds of hitting are associated with the controller, and the controller is arranged to stop the reels in a position displaying a combination of indicia as determined by the controller based on the combinations and odds (paragraph 142);
Vancura, US 20120064961, discloses that, in general, the operating hardware and software necessary to implement a casino-based game is well known and is based on one or more communicatively interconnected controllers, processors, or microprocessors found within such a casino game (paragraph 26);
Reeves et al., US 20160063799 discloses that graphical user interfaces (GUIs) are arranged to display information regarding a program, software application or other element associated with a computing device and are well-known to one of ordinary skill in the art (paragraph 82);
Walker et al., US 20080039190 discloses that graphical user interfaces, including graphical buttons provided via touch screens, menus, etc., are well known in the art (paragraph 101);
Wright et al., US 20080026831, discloses that when it comes to gaming devices, return-to-player percentages (RTP) are well known to one of ordinary skill in the art as it allows operators and venues to control gaming devices so that it meets jurisdiction requirements to allow wagering games to be implemented (paragraph 7);
Mitelman, US 20090270163, discloses that a minimum return-to-player percentage (RTP) is usually predetermined by legislation and, to avoid the problem that unskilled players may not reach that RTP, known gaming systems are designed so that the overall outcome of the game is largely independent of the skill of the player (paragraph 4);
Kelly et al., US 5584763, discloses that software look-up tables are well known to those skilled in the art (Col 7, lines 62-63);
Mirjavadi et al., US 20240112542 discloses symbols may be selected by a a random number generator as well as disclosing that when it comes to selecting symbols to be displayed, a separate lookup operation using a separate look-up table with various entries for the implementation of the symbols may be used (paragraph 20);
Patton et al., US 20240062624 discloses that games are known to award prizes based upon consideration of game return-to-player/regulatory requirements (paragraph 97);
Scibetta, US 20100227668 discloses that when it comes to game play being implemented, game symbol are selected randomly from an associated look-up table stored in the microprocessor-based circuit's ROM and that each symbol is randomly selected from the look-up table (paragraph 137);
Scibetta, US 20050017448 discloses that symbols are randomly selected from a look-up table that holds integer values in a prescribed range for determining which symbols to display (paragraph 106);
Strom, US 20230306817 discloses that return to player (RTP) is a measure of how much an EGM pays back to its players for each unit wagered over time. It is most expressed as a percentage value and is almost always below 100%. The difference between 100% and the EGM's certified RTP is known as the house edge, and this is the mathematical advantage that allows the casinos to make a profit over the long term (paragraph 13);
Krupat et al., US 20230186734 discloses that to gaming machines have strict return-to-player requirements in which they must adhere to determine compliance or non-compliance with such RTP requirements (paragraph 6);
Daley et al., US 20230089842, discloses that in a conventional keno game, the return to player (RTP) and volatility of the game may be essentially fixed. For example, a keno game may provide a pay table that establishes the payout for certain numbers of hits. Given a random selection of drawn numbers, the RTP is determined by the pay table (paragraph 15);
Hardy et al., US 20080146346, discloses that a random number generator (RNG) is well-known to one of ordinary skill in the art determining outcomes of game play when playing a game (paragraph 186);
Tempest et al., US 20050056995, discloses that technology that is well-known in the art, include a random number generator for determining an outcome of a game (paragraph 21);
Walker et al., US 20040038733, discloses that it is well-known to one of ordinary skill in the art that output devices may comprise a plurality of display devices, such as an LED display for displaying a player’s credit balance (paragraph 64);
Reeves, US 9552693, discloses that it is well-known in the art, that a gaming machine can display a credit meter and the funds in the account of the player are movable to and from the balance of the credit meter during a play session (Col 6, line 59 to Col 7, line 4);
Nelson, US 20170092059, discloses that credit balances being established from receiving cash, ticket vouchers or promotional ticket is well known to one of ordinary skill in the art as well as it being well-known that gaming machines utilize ticket vouchers when a player wishes to leave the gaming machine and has credits remaining on the gaming machine (paragraph 6);
Walker et al., US 20060025206, discloses that a player cashing out a credit balance from a gaming device may be provided with a cashless gaming ticket, as is known in the art (paragraph 296);
Demar et al., US 20010009865, discloses that it is well-known to one of ordinary skill in the art that a random number generator algorithm can be used to choose symbols for display on a reel-based wagering game (paragraph 38).
The above helps to suggest that the claimed components are no more than generic well-known components.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology; there is no additional element that applies or uses 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; the additional elements merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea; the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Step 2B (Are there additional elements that are “something more” than an abstract idea?):
Dependent Claims 2-11, 13-17, and 19-20 do not include additional elements that are sufficient to amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
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.
Claims 1-3, 7-9, 11-14, 16, 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Villarroel Diaz, US 20240119797 (Villarroel Diaz)Regarding Claims 1, 12. Villarroel Diaz discloses a gaming system/non-transitory computer-readable media containing instructions comprising:
a processor (para 35); and
a memory (para 35) storing instructions thereon, wherein the instructions when executed by the processor, cause the processor to:
cause display of a spinning of a bonus indicator relative to a stopping position indicator, the bonus indicator including a plurality of outcome sections each including an outcome indicator displayed therein (Fig 1; elem 66, 68, 70; Abstract, para 23-28, 30-32);
stop the spinning of the bonus indicator relative to the stopping position indicator, the stopping position indicator identifying a first outcome section of the plurality of outcome sections when spinning of the bonus indicator is stopped (Fig 1; elem 66, 68, 70; Abstract, para 23-28, 30-32); and
cause display of a moving of the stopping position indicator on the bonus indicator from the first outcome section to a second outcome section of the plurality of outcome sections (Abstract, para 26-29).
Regarding Claims 2, 13. Villarroel Diaz further discloses causing display of a credit award, wherein the credit award is based on an outcome indicator of the second outcome section (Fig 3-10; Abstract, para 26-28, 43).
Regarding Claims 3, 14. Villarroel Diaz further discloses determining a bingo game award, wherein the moving of the stopping position indicator on the bonus indicator is based on the bingo game award (para 43).
Regarding Claim 7. Villarroel Diaz further discloses determining that a trigger condition for a feature game is satisfied based on a base game outcome (Abstract, para 6, 23); and select at least one bonus feature enhancements from a plurality of bonus feature enhancements to be applied during play of the feature game based on the base game outcome (para 27-28, 31, 41).
Regarding Claim 8. Villarroel Diaz discloses the gaming system of Claim 7, wherein the at least one feature enhancement includes a nudging feature enhancement, and wherein display of the moving of the stopping position indicator on the bonus indicator is performed based on selecting the nudging feature enhancement (Abstract, para 6, 26-29).
Regarding Claim 9. Villarroel Diaz discloses the gaming system of Claim 1, wherein the instructions further cause the processor to:
cause display of a nudge path indicator, the nudge path indicator extending circumferentially over the first outcome section and the second outcome section, wherein the stopping position indicator is displayed on the nudge path indicator, and wherein causing display of the moving of the stopping position indicator includes displaying a moving of the stopping position indicator along the nudge path indicator (Fig 7, elem 68-70; para 24-66. The figure depicts how there are nudge path indicators right along where the stopping position indicator.).
Regarding Claim 11. Villarroel Diaz discloses the gaming system of Claim 1, wherein the instructions, when executed by the processor, further cause the processor to:
cause a spinning and stopping of a plurality of mechanical reels (para 30) for a base game (Abstract), the plurality of mechanical reels including a plurality of types of trigger symbols (para 23) thereon;
determine that a trigger condition for a feature game is satisfied based on a first type of trigger symbol being present in a base game outcome (Abstract, para 6, 19-20, 23); and
select a first bonus enhancement feature from a plurality of bonus enhancement features to be applied during play of the feature game based on the first type of trigger symbol being present in the base game outcome (Abstract, para 6, 23), and
wherein display of the moving of the stopping position indicator on the bonus indicator is performed in response to selecting the first bonus enhancement feature (Abstract, para 6, 19-20, 25).
Regarding Claim 16. Villarroel Diaz discloses the non-transitory computer-readable media of Claim 12, wherein the instructions further cause the processor to:
determine that a trigger condition for a feature game is satisfied based on a base game outcome (Abstract, para 6, 23); and
select at least one bonus feature enhancement from a plurality of bonus feature enhancements to be applied during play of the feature game based on the base game outcome (para 27-28, 31, 41), wherein the at least one feature enhancement includes a nudging feature enhancement (Abstract, para 6, 26-29), and
wherein display of the moving of the stopping position indicator on the bonus indicator is performed based on selecting the nudging feature enhancement (Abstract, para 6, 26-29).
Regarding Claim 18. Villarroel Diaz discloses an electronic gaming device comprising:
a cabinet (Fig 13);
a main display coupled to the cabinet (Fig 13; elem 104);
a mechanical topper display coupled to the cabinet (para 16);
a plurality of mechanical reels (para 30) configured to spin on the cabinet for display of a base game (Abstract);
a game controller in communication with the main display, the mechanical topper display, and the plurality of mechanical reels, wherein the game controller is configured to:
control the main display to display a spinning of a bonus indicator relative to a stopping position indicator, the bonus indicator including a plurality of outcome sections each including an outcome indicator displayed therein (Fig 1; elem 66, 68, 70; Abstract, para 23-28, 30-32);
control the main display to stop the spinning of the bonus indicator relative to the stopping position indicator, the stopping position indicator identifying a first outcome section of the plurality of outcome sections when spinning of the bonus indicator is stopped (Fig 1; elem 66, 68, 70; Abstract, para 23-28, 30-32); and
control the main display to move the stopping position indicator on the bonus indicator from the first outcome section to a second outcome section of the plurality of outcome sections (Abstract, para 26-29).
Regarding Claim 19. Villarroel Diaz discloses the gaming device of Claim 18, wherein the controller is further configured to:
control the mechanical topper display to spin and stop on the cabinet (para 16), the mechanical topper display having an additional plurality of outcome sections each including an outcome indicator provided thereon (Fig 1; elem 66, 68, 70; Abstract, para 23-28, 30-32); and
cause display of a credit award, wherein the credit award is based on an outcome indicator of the second outcome section and a stopping position of the mechanical topper display (Abstract, para 26-29).
Regarding Claim 20. Villarroel Diaz discloses the gaming device of Claim 18, wherein the controller is further configured to:
cause a spinning and stopping of a plurality of mechanical reels (para 30) for a base game (Abstrract), the plurality of mechanical reels including a plurality of types of trigger symbols (para 23) thereon;
determine that a trigger condition for a feature game is satisfied based on a first type of trigger symbol being present in a base game outcome (Abstract, para 6, 23);
select a first bonus enhancement feature from a plurality of bonus enhancement features to be applied during play of the feature game based on the first type of trigger symbol being present in the base game outcome (Abstract, para 6, 23), and
wherein display of the moving of the stopping position indicator on the bonus indicator is performed in response to selecting the first bonus enhancement feature (Abstract, para 6, 19-20, 25).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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, Kang Hu can be reached at (571) 270-1344. 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.
/JEFFREY K WONG/Primary Examiner, Art Unit 3715