DETAILED ACTION
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. Specifically the claims are directed to the fundamental economic practice of rules for a wagering game, see MPEP 2106.04(a)(2).
Claim 1 recites: “a plurality of reels associated with a first array, said plurality of reels configured to bear a plurality of symbols;” “…in a second array positioned above the first array, a plurality of trails, wherein each trail from the plurality of trails has a variable number of trail symbols…” “…via the second array above each trail, a separate one of a plurality of award symbols associated with a plurality of award values…” “conducting a series of game spins of the plurality of reels,” “in response to conducting each game spin, clipping a portion of trail symbols from one or more of the plurality of trails in the second array, wherein the portion of trail symbols clipped is equivalent to a number of matching ones of the plurality of subsets of the plurality of symbols that landed via the first array;” “a win line at a bottom of the second array;“ “in response to detecting that the any given one of the plurality of award symbols reaches the win line, awarding one of the plurality of award values associated with the any given one of the plurality of award symbols.”
Claim 10 recites “presenting, in a presentation assembly, a reel set configured to land game symbols in a first array;” “…in a second array positioned above the first array, a plurality of trails, wherein each one of the plurality of trails has a variable number of trail symbols;” “…via the second array above each one of the plurality of trails, a separate one of a plurality of award symbols;” “conducting… a series of game spins of the reel set, wherein for each of the series of game spins, the method comprising:” “via the first array based on random number generation, a plurality of clipper subsets presented via the reel set, wherein each clipper subset from the plurality of clipper subsets is a vertical stack of symbols positioned below a separate one of the plurality of trails, and wherein each clipper subset comprises, based on random number generation, a collection of symbols selected from a group consisting of a clipper symbol and a null symbol; detecting a number of clipper symbols presented in each clipper subset; for each given clipper subset that presents at least one clipper symbol, clipping, from at least one of the plurality of trails associated with the given clipper subset, at least a portion of the variable number of trail symbols equivalent to the detected number of clipper symbols presented in the given clipper subset,” “a win line at a bottom of the second array;” and “in response to detecting that any one of the plurality of award symbols reaches the win line, awarding a game award equivalent to a value associated with the any one of the plurality of award symbols.”
Claim 20 recites “presenting, via a presentation assembly, a plurality of reels associated with a first array, said plurality of reels configured to bear a plurality of symbols via the first array;” “in a second array positioned above the first array, a plurality of trails, wherein each trail from the plurality of trails has a variable number of trail symbols randomly selected…” “via the second array on top of each trail, a separate one of a plurality of award symbols associated with a plurality of award values presented via a display of the gaming system;” “conducting a series of game spins of the plurality of reels,” “in response to conducting each game spin, clipping a portion of trail symbols from one or more of the plurality of trails in the second array, wherein the portion of trail symbols clipped is equivalent to a number of matching ones of the plurality of subsets of the plurality of symbols that landed via the first array;” “…a win line at a bottom of the second array;” and “in response to detecting that the any given one of the plurality of award symbols reaches the win line, awarding one of the plurality of award values associated with the any given one of the plurality of award symbols”
Examiner notes that although a wager is not explicitly recited in the games they recite providing an award value associated with award symbols. Review of applicant’s specification, notably Par. 31 and 37, suggest that these awards are received in relation to play of a wagering game. As such the limitations are considered by the examiner to be directed to the abstract rules for conducting a particular wagering game based on the arrangement of symbols in two arrays of symbols.
This judicial exception is not integrated into a practical application because recitation of a gaming machine, game-logic circuitry, non-transitory, machine-readable media, and electronic processors are simply instructions to implement the abstract idea using a computer, see MPEP 2106.05(f). Throughout the claims several limitations are recited as “animating” however for most of these no detail specificity is provided with regard to the “animation” such that these limitations are considered little more than instructions to display and update the abstract idea on a standard display device, and thus are at best adding insignificant extra solution display activity to the judicial exception, See MPEP 2016.05(g). The Claims do further recite “animating a dropping motion” for award symbols above clipped symbols, this is likewise considered by the examiner to represent insignificant extra solution display activity that simply provides a particular aesthetic to the updating of the game state. Similarly “spinning of the reels” is considered insignificant extra solution display activity providing a particular display aesthetic. Finally Claims 1 and 20 recite a “Random Number Generator” to determine random events, which the examiner also considers Insignificant Extra solution activity as it is well-known functionality claimed generally at a high level and does not appear to meaningfully limit the random generation of the game outcomes. As such, these limitations fail to integrate the abstract idea into a practical application.
Dependent Claims 2-5, 7-8, and 11-16 recite additional abstract features of the wagering game. Dependent Claims 6 and 17 recite a falling animation for symbols, but this is considered insignificant extra solution activity as described above. Claims 9 and 18-19 recite abstract functionality of the wagering game as well as additionally reciting spinning of the reels which is at best insignificant extra solution activity as described above. As such these limitations fail to integrate the abstract idea into a practical application.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because recitation of a gaming machine, game-logic circuitry, non-transitory, machine-readable media, and electronic processors are simply recitation of computer functionality that is well-understood, routine and conventional in the gaming arts. Further Walker et al., US 2004/0204228, teaches where it is conventional in slot machine to include a random number generator to generate displayed game outcomes (Par. 58), Winston et al., US 2019/0057641 teaches where it is conventional for gaming machines to include a video display for presenting game outcomes and animations (Par. 1). Walker et al., US 2008/0305856, teaches where it is conventional in slot machines to provide an animated presentation of virtual spinning reels on a video display (Par. 259). Finally, ct-interactive.com web article titled “Cascading reels games – an exciting choice for players” teaches that it is well known and popular in slot machines for many games to include an animation of falling symbols in response to removed symbols in a symbol array stating: “In those types of games, the reels do not spin traditionally. Instead, symbols drop down from above or are replaced from the right, creating a waterfall-like effect. If the new characters create a new winning combination, the process repeats, with those symbols disappearing and more symbols falling into place.” As such even when considered with the claims as a whole these limitations fail to add significantly more than the abstract idea itself.
Dependent Claims 2-5, 7-8, and 11-16 recite additional abstract features of the wagering game. Dependent Claims 6 and 17 recite a falling animation for symbols, but this is routine and conventional activity in the gaming arts as described above. Claims 9 and 18-19 recite abstract functionality of the wagering game as well as additionally reciting spinning of the reels this is routine and conventional activity in the gaming arts as described above. As such these limitations fail to add significant more than the abstract idea.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ching et al., US 2010/0004049, and Elias, US 2016/0055705 both teach a gaming machine with a first and second array of symbols where symbols in the top array are animated to fall based on outcomes generated in the bottom array.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL V LARSEN whose telephone number is (571)270-3219. The examiner can normally be reached Monday through Friday; 10:00 am - 6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARL V LARSEN/Examiner, Art Unit 3715
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