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 9/3/26. Applicant amends claim 1 and adds claims 21-30. Claims 1-10 and 21-30 are pending.
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 21-30 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 21 recites a method of operating a gaming system. The limitation of displaying, by a display device, a plurality of reel sets, wherein the plurality of reel sets comprises a first reel set and a second reel set, 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 display, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the display language, “displaying” in the context of this claim encompasses the user mentally thinking about game results and displaying them in their mind. Similarly, the limitations of: activating, determining and displaying 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 21. 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 –display. The display 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 a display 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 22-30.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 and 21-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Publication No. 2023/0104611 A1 to McCormick (hereinafter “McCormick”).
Concerning claim 1, McCormick discloses a gaming system comprising: a processor; and a memory device that stores a plurality of instructions that, when executed by the processor in association with a plurality of plays of a game (Abstract, Fig. 3), cause the processor to:
cause a display, by a display device, of a plurality of reel sets, wherein the plurality of reel sets comprises a first reel set and a second reel set, wherein the second reel set comprises at least one inactive symbol display position (Figs. 2A-2H, paragraphs [0026]-[0029], [0038]-[0041]- plurality of reel sets are displayed including first and second sets and the second set has inactive positions (i.e., Fig 2G, position 206g) and active positions (i.e., Fig. 2G, position 206a));
responsive to an occurrence of a first symbol display position activation event, activate a first plurality of symbol display positions of the second reel set, wherein the first plurality of symbol display positions is less than all of the symbol display positions of the second reel set and based on the activation of the first plurality of symbol display positions of the second reel set, the second reel set comprises active symbol display potions and inactive symbol display positions (Figs. 2A-2H, paragraphs [0030]-[0033], [0038]-[0041]- an activation symbol activates a plurality of symbols on the second reel set which are less than all of the symbols and the second set has inactive positions (i.e., Fig 2G, position 206g) and active positions (i.e., Fig. 2G, position 206a)); and
for each play of the plurality of plays of the game: cause a display, by the display device, of symbols at least each active symbol display position of the plurality of reel sets (Figs. 2A-2H, paragraphs [0034]-[0037] – results of winnings are displayed showing active symbols); and
for each reel set: determine, independent of any symbols displayed at any inactive symbol display positions of that reel set, any award based on whether any of the symbols displayed at the active symbol display position of that reel set form any strings of related symbols which correspond to any winning symbol combinations (Figs. 2A-2H, paragraphs [0038]-[0041] – determine awards based on symbols); and
cause a display, by the display device, of the determined award (Figs. 2A-2H, paragraphs [0040]-[0044] – results of winnings are displayed).
Concerning claims 2 and 22, McCormick discloses wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to an occurrence of a second symbol display position activation event, cause the processor to activate a second plurality of symbol display positions of the second reel set, the second plurality of symbol display positions is less than all of the symbol display positions of the second reel set and is greater than the first plurality of symbol display positions (Figs. 2A-2H, paragraphs [0030]-[0033] – an activation symbol activates a plurality of symbols on the second reel set which are less than all of the symbols).
Concerning claims 3 and 23, McCormick discloses wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to an occurrence of a third symbol display position activation event, cause the processor to activate all of the symbol display positions of the second reel set.
Concerning claims 4 and 24, McCormick discloses wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to an occurrence of a fourth symbol display position activation event, cause the processor to activate a fourth plurality of symbol display positions of a third reel set, wherein the fourth plurality of symbol display positions is less than all of the symbol display positions of the third reel set (Figs. 2A-2H, paragraphs [0040]-[0044] – fourth plurality of symbols are displayed on the third reel set).
Concerning claims 5 and 25, McCormick discloses wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to an occurrence of a fifth symbol display position activation event, cause the processor to activate all of the symbol display positions of the third reel set.
Concerning claims 6 and 26, McCormick discloses wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to an occurrence of a third symbol display position activation event, cause the processor to activate a third plurality of symbol display positions of a third reel set, the third plurality of symbol display positions is less than all of the symbol display positions of the third reel set (Figs. 2A-2H, paragraphs [0030]-[0042] – third plurality of symbols is activated).
Concerning claims 7 and 27, McCormick discloses wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to an occurrence of a second symbol display position activation event, cause the processor to activate a plurality of symbol display positions of the first reel set, wherein the plurality of symbol display positions is less than all of the symbol display positions of the first reel set (Figs. 2A-2H, paragraphs [0026]-[0029] - plurality of reel sets are displayed and activated including first and second sets).
Concerning claims 8 and 28, McCormick discloses wherein the first symbol display position activation event comprises a random occurrence of an activation symbol that is displayed at one of the active symbol display positions (Figs. 2A-2H, paragraphs [0026]-[0029] – activation is randomly determined).
Concerning claims 9 and 29, McCormick discloses wherein the first symbol display position activation event occurs randomly in association with the first reel set (Figs. 2A-2H, paragraphs [0026]-[0029] – activation event occurs randomly).
Concerning claims 10 and 30, McCormick discloses wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to, for each play of the plurality of plays of the game, communicate data that results in the display, by the display device, of symbols at inactive symbol display positions of the second reel set (Figs. 2A-2H, paragraphs [0030]-[0033] – inactive reels are shown).
Concerning claim 21, see the rejection of claim 1.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered and additional citations and explanations have been provided in the Office Action above to address the newly amended claim limitations.
Conclusion
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
Prosecution Insights