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 non-statutory subject matter.
Step 1: It must be determined whether the invention falls in one of the four statutory categories of invention. Claims 1 – 10 are directed towards a system, (machine), and claims 11 – 20 are directed towards a method, (process), which are statutory categories of invention.
Step 2a:
Prong 1: It must be determined whether the invention is directed to judicially recognized exception. Claim 1 is analyzed below with limitations indicating recitations of an abstract idea.
An electronic gaming system comprising: a display device; and a game controller in communication with the display device, the game controller including at least one processor and at least one memory, the at least one memory for storing instructions, which when executed by the at least one processor, cause the game controller to: control the display device to display a base reel game including a plurality of reels, each reel of the plurality of reels for the base reel game including a predetermined number of rows; control the plurality of reels to randomly display a game symbol of a plurality of game symbols in each row of each reel of the plurality of reels; control the display device to display a base reel game outcome based on the randomly displayed plurality of game symbols in the plurality of reels; determine that the base reel game outcome triggers a bonus reel game, the bonus reel game including at least one free spin and a plurality of metamorphic enhancement features; and determine the plurality of metamorphic enhancement features include: a grow feature for increasing a minimum grow value during the at least one free spin; and a collect feature for determining a collect value based on a cash-on-reel (COR) credit value displayed with the base reel game outcome.
The abstract idea is defined by the underlined portions in at least the following groupings below:
Certain methods of organizing human activity (commercial/legal interactions; marketing/sales; authorization)
Mental processes / data gathering, analysis, and transmission
The claims are directed towards commercial/legal interactions and data gathering and transmission, which are all considered to be abstract ideas according to the 2019 guidelines.
Prong 2: Does the Claim recite additional elements that integrate the exception in to a practical application of the exception?
The claims recite a generic processor, display, and controller along with instructions to determine a winning combination, which is viewed as no more than instructions to implement a judicial exception.
These additional limitations do not represent an improvement to the functioning of a computer, or to any other technology or technical field, (MPEP 2106.05(a)). Nor do they apply the exception using a particular machine, (MPEP 2106.05(b)). Furthermore, they do not effect a transformation. (MPEP 2106.05(c)). Rather, these additional limitations amount to an instruction to “apply” the judicial exception using a computer as a tool to perform the abstract idea.
Step 2b: It must be determined whether the claimed invention recites additional elements that amount to significantly more than the judicial exception.
The claim language does recite a processor, display, and controller components, however, viewed as a whole, these additional elements are indistinguishable from conventional computing elements known in the art. Therefore, the additional elements fail to supply additional elements that yield significantly more than the underlying abstract idea. Viewing 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.
For these reasons, it appears that the claims are not patent-eligible under 35 USC §101 as the claims do not integrate the exceptions into a practical application or add an “inventive concept” beyond well-understood, routine, and conventional computer components and functions.
Claim Rejections - 35 USC § 103
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 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.
Claims 1 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Eaton et al. (U.S. 2016/0358412) in view of Hood (U.S. 2007/0054728).
Regarding claim 1, Eaton discloses an electronic gaming system, (fig. 1), comprising a display device, (fig. 1, part 18), and a game controller in communication with the display device, the game controller including at least one processor and at least one memory, the at least one memory for storing instructions, which when executed by the at least one processor, (“instructions executed by a controller”, par. 0016 and fig. 2), cause the game controller to control the display device to display a base reel game including a plurality of reels, (“The gaming system is primarily dedicated to playing at least one regulated casino wagering game having a base game”, par. 0004 and fig. 3), each reel of the plurality of reels for the base game including a predetermined number of rows, (fig. 3), control the plurality of reels to randomly display a game symbol of a plurality of game symbols in each row of each reel of the plurality of reels, (“the plurality of symbol-bearing reels are spun and stopped to display a symbol combination representing a free spin outcome based, at least in part, on the one or more random elements”, par. 0004), control the display device to display a base reel game outcome based on the randomly displayed plurality of game symbols in the plurality of reels, (“the plurality of symbol-bearing reels are spun and stopped to display a symbol combination representing a free spin outcome based, at least in part, on the one or more random elements”, par. 0004), determine that the base reel game outcome triggers a bonus reel game, the bonus reel game including at least one free spin, (“In response to a triggering event, the game-logic circuitry conducts the bonus game by directing the electronic display device to display indicia. In response to receiving data signals from the electronic input device indicative of indicia selections, the game-logic circuitry awards at least one of a free spin”, par. 0004), and a collect feature for determining a collect value based on cash-on-reel credit value displayed with the base reel game outcome, (fig. 9, parts 175 and 179).
Eaton, however, is silent on the issue of disclosing metamorphic enhancement features. In a related art, Hood discloses an electronic gaming system, (“This invention generally relates to gaming devices, specifically to casino gaming devices”, par. 0005), wherein Hood further discloses a plurality of metamorphic enhancement features that include a grow feature for increasing a minimum grow value, (“a boxing theme were used; the Conventional Progressive Pool (CPP) could be graphically indicated on large display above a bank of identically programmed machines, in the form of a large and ferocious looking animated boxer. As the Conventional Progressive Pool amount grows, the boxer gets larger and more ferocious looking”, par. 0161).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to combine the metamorphic enhancement features of Hood into the art disclosed by Eaton in order to meet jurisdictional requirements while adding greater player entertainment value by incorporating a new form of player interactivity, as disclosed by Hood, (par. 0036).
Regarding claims 2 and 12, Eaton discloses wherein in response to determining that the base reel game outcome triggers the bonus reel game, the at least one processor further cause the game controller to: control the plurality of reels to randomly display one game symbol of the plurality of game symbols in each row for each reel of the plurality of reels during the at least one free spin; and control the display device to display a bonus reel game outcome for the at least one free spin, based on the randomly displayed plurality of game symbols in the plurality of reels, (“In response to a triggering event, the game-logic circuitry conducts the bonus game by directing the electronic display device to display indicia. In response to receiving data signals from the electronic input device indicative of indicia selections, the game-logic circuitry awards at least one of a free spin”, par. 0004).
Regarding claims 3 and 14, Eaton discloses a graphic game symbol; a metamorphic enhancement feature symbol associated with one of the plurality of metamorphic enhancement features for the bonus reel game; and a cash-on-reel (COR) symbol depicting the COR credit value, (fig. 8).
Regarding claims 4 and 13, Eaton is silent on disclosing metamorphic enhancement features include an expand feature for increasing the predetermined number of rows for each reel of the plurality of reels during the at least one free spin, wherein the expand feature incrementally increases the predetermined number of rows for each reel of the plurality of reels after each of the at least one free spin until the predetermined number of rows equals a predetermined row threshold, however, this is disclosed by Hood, (“a boxing theme were used; the Conventional Progressive Pool (CPP) could be graphically indicated on large display above a bank of identically programmed machines, in the form of a large and ferocious looking animated boxer. As the Conventional Progressive Pool amount grows, the boxer gets larger and more ferocious looking”, par. 0161).
Regarding claims 5 and 20, Eaton discloses in response to determining that the bonus reel game is triggered, control the plurality of reels to randomly display one of: one game symbol of the plurality of game symbols in each row for each reel of the plurality of reels during the at least one free spin, or one distinct game symbol of a plurality of distinct game symbols in each row for each reel of the plurality of reels during the at least one free spin, the plurality of distinct game symbols used in combination with the plurality of game symbols; and control the display device to display the bonus reel game outcome for the at least one free spin, based on the randomly displayed at least one of the plurality of game symbols or the plurality of distinct game symbols in the plurality of reels, (“In response to a triggering event, the game-logic circuitry conducts the bonus game by directing the electronic display device to display indicia. In response to receiving data signals from the electronic input device indicative of indicia selections, the game-logic circuitry awards at least one of a free spin”, par. 0004).
Regarding claims 6 and 15, Eaton discloses determine that the plurality of game symbols displaying the base reel game outcome included the COR symbol depicting the COR credit value; control the display device to display the minimum grow value equal to the COR credit value of the displayed COR symbol during an initial free spin of the at least one free spin; and increase the minimum grow value to equal at least one subsequent COR credit value for at least one distinct COR symbol displayed during the at least one free spin subsequent to the initial free spin, the at least one subsequent COR credit value for the at least one distinct COR symbol is equal to or greater than the COR credit value of the displayed COR symbol, (fig. 8).
Regarding claims 7 and 16, Eaton discloses further cause the game controller to: control the display device to display the minimum grow value equal to half a wager made in the base reel game during the initial free spin of the at least one free spin; and increase the minimum grow value by a predetermined factor for each of the at least one free spin subsequent to the initial free spin until the predetermined factor equals a predetermined factor threshold, (“ A given combination of revealed secondary bonus icons 139 may result in increased free spins and/or increased guaranteed wins by incrementing the free-spin meter”, par. 0047).
Regarding claims 8 and 17, Eaton discloses identify one of: the COR symbol depicting the COR credit value present in the plurality of game symbols displaying the bonus reel game outcome for each of the at least one free spin, or a plurality of COR symbols present in the plurality of game symbols displaying the bonus reel game outcome for each of the at least one free spin, the plurality of COR symbols including: a first COR symbol depicting a first COR credit value; and at least one distinct COR symbol depicting a distinct COR credit value smaller than the first COR credit value of the first COR symbol; and control the display device to display the collect value for each of the at least one free spin, the collect value equal to: the COR credit value of the COR symbol, or twice the distinct COR credit value for the at least one distinct COR symbol added to the first COR credit value of the first COR symbol, (fig. 9).
Regarding claim 9, Eaton is silent on disclosing wherein the metamorphic enhancement feature symbol of the plurality of game symbols further include: an expand feature symbol associated with the expand feature of the plurality of metamorphic enhancement features for the bonus reel game; a grow feature symbol associated with the grow feature of the plurality of metamorphic enhancement features for the bonus reel game; and an collect feature symbol associated with the collect feature of the plurality of metamorphic enhancement features for the bonus reel game, however, this is disclosed by Hood, (“a boxing theme were used; the Conventional Progressive Pool (CPP) could be graphically indicated on large display above a bank of identically programmed machines, in the form of a large and ferocious looking animated boxer. As the Conventional Progressive Pool amount grows, the boxer gets larger and more ferocious looking”, par. 0161).
Regarding claims 10 and 18, Eaton discloses identify if the plurality of game symbols displaying the base reel game outcome include the COR symbol depicting the COR credit value and the collect feature symbol in a predetermined reel of the plurality of reels; and control the display device to display a cash-on-reel (COR) collect value with the base reel game outcome, the COR collect value equal to the COR credit value of the COR symbol, (fig. 9).
Regarding claim 11, Eaton discloses a method of electronic gaming implemented on an electronic gaming , (fig. 1), causing to be displayed a base reel game including a plurality of reels, (“The gaming system is primarily dedicated to playing at least one regulated casino wagering game having a base game”, par. 0004 and fig. 3), each reel of the plurality of reels for the base game including a predetermined number of rows, (fig. 3), control the plurality of reels to randomly display a game symbol of a plurality of game symbols in each row of each reel of the plurality of reels, (“the plurality of symbol-bearing reels are spun and stopped to display a symbol combination representing a free spin outcome based, at least in part, on the one or more random elements”, par. 0004), control the display device to display a base reel game outcome based on the randomly displayed plurality of game symbols in the plurality of reels, (“the plurality of symbol-bearing reels are spun and stopped to display a symbol combination representing a free spin outcome based, at least in part, on the one or more random elements”, par. 0004), determine that the base reel game outcome triggers a bonus reel game, the bonus reel game including at least one free spin, (“In response to a triggering event, the game-logic circuitry conducts the bonus game by directing the electronic display device to display indicia. In response to receiving data signals from the electronic input device indicative of indicia selections, the game-logic circuitry awards at least one of a free spin”, par. 0004), and a collect feature for determining a collect value based on cash-on-reel credit value displayed with the base reel game outcome, (fig. 9, parts 175 and 179).
Eaton, however, is silent on the issue of disclosing metamorphic enhancement features. In a related art, Hood discloses an electronic gaming system, (“This invention generally relates to gaming devices, specifically to casino gaming devices”, par. 0005), wherein Hood further discloses a plurality of metamorphic enhancement features that include a grow feature for increasing a minimum grow value, (“a boxing theme were used; the Conventional Progressive Pool (CPP) could be graphically indicated on large display above a bank of identically programmed machines, in the form of a large and ferocious looking animated boxer. As the Conventional Progressive Pool amount grows, the boxer gets larger and more ferocious looking”, par. 0161).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to combine the metamorphic enhancement features of Hood into the art disclosed by Eaton in order to meet jurisdictional requirements while adding greater player entertainment value by incorporating a new form of player interactivity, as disclosed by Hood, (par. 0036).
Regarding claim 19, Eaton discloses a non-transitory computer-readable storage medium with instructions stored thereon that, in response to execution by at least one processor (“instructions executed by a controller”, par. 0016 and fig. 2), cause the at least one processor to control the display device to display a base reel game outcome based on the randomly displayed plurality of game symbols in the plurality of reels, (“the plurality of symbol-bearing reels are spun and stopped to display a symbol combination representing a free spin outcome based, at least in part, on the one or more random elements”, par. 0004), determine that the base reel game outcome triggers a bonus reel game, the bonus reel game including at least one free spin, (“In response to a triggering event, the game-logic circuitry conducts the bonus game by directing the electronic display device to display indicia. In response to receiving data signals from the electronic input device indicative of indicia selections, the game-logic circuitry awards at least one of a free spin”, par. 0004), and a collect feature for determining a collect value based on cash-on-reel credit value displayed with the base reel game outcome, (fig. 9, parts 175 and 179).
Eaton, however, is silent on the issue of disclosing metamorphic enhancement features. In a related art, Hood discloses an electronic gaming system, (“This invention generally relates to gaming devices, specifically to casino gaming devices”, par. 0005), wherein Hood further discloses a plurality of metamorphic enhancement features that include a grow feature for increasing a minimum grow value, (“a boxing theme were used; the Conventional Progressive Pool (CPP) could be graphically indicated on large display above a bank of identically programmed machines, in the form of a large and ferocious looking animated boxer. As the Conventional Progressive Pool amount grows, the boxer gets larger and more ferocious looking”, par. 0161).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to combine the metamorphic enhancement features of Hood into the art disclosed by Eaton in order to meet jurisdictional requirements while adding greater player entertainment value by incorporating a new form of player interactivity, as disclosed by Hood, (par. 0036).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC M THOMAS whose telephone number is (571)272-1699. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Lewis can be reached at 571-272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.M.T/ Examiner, Art Unit 3715
/DAVID L LEWIS/ Supervisory Patent Examiner, Art Unit 3715
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