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 .
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because Figures 8A-10D are grayscale. According to MPEP 608.01:
Legibility includes ability to be photocopied and scanned so that suitable reprints can be made and paper can be electronically reproduced by use of digital imaging and optical character recognition. This requires a high contrast, with black lines and a white background. Gray lines and/or a gray background sharply reduce photo reproduction quality.
Applicants are advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “one or more placeholder symbols” (lines 6 and 12) and :”the one or more placeholder symbols” (lines 19, 20, 22, and 23-24). The first instance of a claim element should generally subsequently be followed by referring to the element using “the” or “said”. Reciting “one or more placeholder symbols” a second time makes it unclear whether the two instances of “one or more placeholder symbols” refer to the same claim element or different claim elements. Independent claims 9 and 17 and dependent claims 8 and 16 recite similar language and are similarly rejected. Dependent claims 2-7, 10-15, and 18-20 inherit this discrepancy by nature of their dependencies. Appropriate correction is required.
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. The claimed invention is directed to non-statutory subject matter because the claims as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. Each of claims 1-20 have been analyzed to determine whether it is directed to any judicial exceptions.
The determination of subject matter eligibility under 35 USC 101, relies on the Mayo/Alice two-step analysis.
In step 1 of the analysis, the claims are evaluated to determine whether they fall within one of the four statutory categories (i.e., process, machine, manufacture, or composition of matter). In the present case, claims 1-8 are directed to a pull-tab gaming system (i.e., a machine), claims 9-16 are directed to a pull-tab gaming method (i.e., a process), and claims 17-20 are directed to a pull-tab gaming system (i.e., a machine). The claims are, therefore directed to one of the four statutory categories.
Under prong 1 of step 2A, the examiner is directed to determine whether the claim recites a judicial exception. The claims are compared to groupings of subject matter that have been found by courts as abstract ideas. These groupings include
(a) Mathematical concepts—mathematical relationships, mathematical formulas or equations, mathematical calculations;
(b) Certain methods of organizing human activity—fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and
(c) Mental processes—concepts performed in the human mind (including an observation, evaluation, judgment, opinion).
Claim 1 is considered representative and recites (the abstract idea is underlined) a pull-tab gaming system comprising:
a network component that generates an electronic pull-tab deck including a plurality of electronic pull-tab tickets, in which each of the plurality of electronic pull-tab tickets associated with a ticket value, a display area, and symbol identification and location for each of a plurality of final game symbols, wherein at least one electronic pull-tab ticket associated with a location for each of one or more placeholder symbols;
a plurality of game symbol display positions associated with the display area;
a gaming device communicatively coupled to the network component, wherein the gaming device includes a processor, a memory, and a display;
an electronic pull-tab ticket request generated by the gaming device that is communicated to the network component, which selects the at least one electronic pull-tab ticket associated with the location for one or more placeholder symbols;
the gaming device receives the electronic pull-tab ticket from the network component and displays the display area corresponding to the electronic pull-tab ticket; and
an input received at the gaming device causes the gaming device to present an animation corresponding to the ticket value, the display area, the symbol identification and location for each of the plurality of final game symbols, and the location for each of the one or more placeholder symbols;
wherein the animation displays the one or more placeholder symbols covering one or more final game symbols;
wherein the animation displays removing the one or more placeholder symbols to reveal the one or more final game symbols covered by the one or more placeholder symbols.
The present claims are directed to a system and method for providing placeholder feature electronic pull-tab game sessions (Specification [0002]). More particularly, the placeholder feature electronic pull-tabs include placeholder symbols covering one or more game symbol display positions that reveal final game symbols through an animation (Specification [0002]).
These steps fall under the category of certain methods of organizing human activity. Specifically, they are directed to the sub-category of managing personal behavior or relationships or interactions between people because they recite the rules for playing a game. Additionally, some of the claims recite paytables (claims 2 and 10) and award values (claims 9 and 17) which falls in to the sub-category of fundamental economic activity because it deals with the transfer of value. Accordingly, the claim recites an abstract idea.
Under prong 2 of Step 2A, the examiner considers whether additional elements integrate the abstract idea into a practical application. To do so, the examiner looks to the following exemplary considerations, looking at the elements individually and in combination:
• an additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field;
• an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition (not considered relevant to the present claims);
• an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim;
• an additional element effects a transformation or reduction of a particular article to a different state or thing; and
• an additional element 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 in the present claims are a network component, a gaming device, a processor, a memory, and a display. The additional elements do no integrate the judicial exception into a practical application. In particular, the additional elements do not reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field. The additional elements do not implement a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim. The additional elements do not effect a transformation or reduction of a particular article to a different state or thing. The additional elements do not apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they does not impose any meaningful limits on practicing the abstract idea.
Under step 2B, the examiner evaluates whether the additional elements amount to significantly more than the judicial exception itself. The examiner considers if the additional elements:
• add a specific limitation or combination of limitations that are not well-understood, routine, conventional activity in the field, which is indicative that an inventive concept may be present; or
• simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, which is indicative that an inventive concept may not be present.
Thus, the additional elements evaluated under Step 2A are re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field.
The present claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements are well-understood, routine, or conventional, as shown:
a network component (Walker et al., US 2004/0176157 A1, in a manner well known in the art, the casino server may function as a computer server and may control the actions of gaming devices [0022]);
a gaming device, a processor, a memory, and a display (Bradford et al., US 6,709,333 B1, game device 100 includes the normal and well known internals needed in order to have a functioning game, such as at least one central processor, associated memory, input/output interfaces, peripheral interfaces to the video display, control buttons and lever, monetary input devices, slot machine interface board (SMIB), together with the firmware and software needed to implement the full functionality of the game (these internals not shown) [C8:7-21]).
Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Thus, taking the claimed elements individually yields no difference from taking them in combination because each element simply performs its respective function. The claims merely amount to an instruction to apply the abstract idea using generic, functional, and conventional components well-known in the art. Viewed as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself. Therefore, claims 1-20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 6-7, 9-10, 14-15, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over White et al., US 2008/0026811 A1 (hereinafter White) in view of Weaver et al., US 2022/0139167 A1 (hereinafter Weaver).
Regarding Claim 1: White discloses a pull-tab gaming system comprising:
a network component that generates an electronic pull-tab deck including a plurality of electronic pull-tab tickets, in which each of the plurality of electronic pull-tab tickets associated with a ticket value, a display area, and symbol identification and location for each of a plurality of final game symbols, wherein at least one electronic pull-tab ticket associated with a location for each of one or more placeholder symbols (White, the second module, "LottoMaster", also referred to herein as a lottery transaction processing module 132, may be implemented at lottery agency 130 in some embodiments; in some embodiments, LottoMaster may be implemented by a third party service provider; in some embodiments, lottery transaction processing module 132 can be provided as software for use on commodity server hardware; lottery transaction processing module 132 can be provided for use on a single server or as a distributed application for use across multiple servers [0032]; an electronic instant scratch off game template can include a game title, visual design, one or more scratch off region(s), rules, and the like; a new electronic instant scratch off game template could be a tic-tac-toe electronic instant scratch off game 300, as illustrated in FIG. 3; game title 310 for tic-tac-toe electronic instant scratch off game 300 comprises the words "TIC-TAC-TOE"; tic-tac-toe electronic instant scratch off game 300 contains nine scratch off regions, seven of which are non-played regions 320, and two of which are played regions 330; tic-tac-toe electronic instant scratch off game 300 can also comprise a background 340, comprising drawings, pictures, and the like to make the game more visually appealing to a player [0037]);
a plurality of game symbol display positions associated with the display area (White, an electronic instant scratch off game template can include a game title, visual design, one or more scratch off region(s), rules, and the like; a new electronic instant scratch off game template could be a tic-tac-toe electronic instant scratch off game 300, as illustrated in FIG. 3; game title 310 for tic-tac-toe electronic instant scratch off game 300 comprises the words "TIC-TAC-TOE"; tic-tac-toe electronic instant scratch off game 300 contains nine scratch off regions, seven of which are non-played regions 320, and two of which are played regions 330; tic-tac-toe electronic instant scratch off game 300 can also comprise a background 340, comprising drawings, pictures, and the like to make the game more visually appealing to a player [0037]);
a gaming device communicatively coupled to the network component (White, player end 110 and lottery agency 130 can be communicatively coupled to a communication network 120, such that player end 110 and lottery agency 130 can communicate [0029] and [Fig. 1]);
an electronic pull-tab ticket request generated by the gaming device that is communicated to the network component, which selects the at least one electronic pull-tab ticket associated with the location for one or more placeholder symbols (White, in block 420, lottery client module 112 allows the player to select one or more electronic instant scratch off games to play [0050]; in block 430, in accordance with the player's selection, lottery transaction processing module 132 sends one or more sets of electronic instant scratch off game tickets to lottery client module 112 [0052]);
the gaming device receives the electronic pull-tab ticket from the network component and displays the display area corresponding to the electronic pull-tab ticket (White, in block 460, lottery transaction processing module 132 retrieves the statistically associated prize for the identifier associated with each electronic instant scratch off game ticket purchased by the player from lottery management module 134; lottery transaction processing module 132 sends the statistically associated prize information to lottery client module 112 [0056] and [Fig. 9]-[Fig. 12]); and
an input received at the gaming device causes the gaming device to present an animation corresponding to the ticket value, the display area, the symbol identification and location for each of the plurality of final game symbols, and the location for each of the one or more placeholder symbols (White, lottery client module 112 may further comprise a scratch off simulation module which simulates the user experience of physically scratching an instant scratch off game ticket by allowing the player to "scratch off" part of the electronic instant scratch off game ticket using a mouse; a joystick, cellular telephone, or other device capable of providing force or other tactile feedback; a touch screen; or the like, as illustrated by FIGS. 9-12 [0056] and [Fig. 9]-[Fig. 12]);
wherein the animation displays the one or more placeholder symbols covering one or more final game symbols (White, in FIG. 9, lottery client module 112 displays the instant scratch off game ticket to the player prior to scratching it off [0056] and [Fig. 9]);
wherein the animation displays removing the one or more placeholder symbols to reveal the one or more final game symbols covered by the one or more placeholder symbols (White, in FIGS. 10-11, the scratch off simulation module allows the player to scratch off areas of the instant scratch off game ticket; in FIG. 12, lottery client module 112 displays the fully scratched off instant scratch off game ticket to the player, with the identifier; in some embodiments, lottery client module 112 can allow the player to select different scratch off regions, after which lottery client module 112 can animate a coin or other object scratching off the selected scratch off region; in some embodiments, lottery client module 112 may simply display the electronic instant scratch off game ticket with the scratch off region(s) already exposed; in all of the embodiments given, lottery client module 112 allows a player to experience the excitement and suspense of playing an electronic instant scratch off game from nearly any location [0056] and [Fig. 10]-[Fig. 12]).
White fails to explicitly disclose
wherein the gaming device includes a processor, a memory, and a display.
Weaver teaches
wherein the gaming device includes a processor, a memory, and a display (Weaver, the player interface unit 200 can comprise the authorized mobile device 112, the point-of-sale device 114, and any combination thereof; for example, the illustrative player interface unit 200 may be one of the plurality of authorized mobile devices 112 that are associated with each venue; the illustrative player interface unit 200 includes a central computing element 202 with a processor 204 and memory storage 206 [0118]; the player interface unit 200 also includes a color display with a touch-screen 208 [0119]).
White discloses a plurality of electronic records, stored in a database, each representing an electronic instant scratch off game ticket, the records comprising an identifier and a prize (White [Abstract]). A lottery transaction processing module is also disclosed which facilitates the purchasing, via a communications network, of at least one of the electronic instant scratch off game tickets represented by the plurality of electronic records (White [Abstract]). A lottery client module is disclosed which provides an interface through which the player can purchase at least one of the electronic instant scratch off game tickets (White [Abstract]). Still further, a lottery management module is provided which retrieves the prize information associated with the electronic record from the database and provides the information to the lottery transaction processing module (White [Abstract]). The lottery management module can also authorize the lottery transaction module to deposit winnings into a lottery account associated with a winning player (White [Abstract]). White discloses that the lottery client module can be implemented as software for use on a player device, such as, without limitation, a personal computer, a portable computing device, a cellular telephone, a personal digital assistant, or the like (White [0009]). White fails to explicitly disclose the components of a personal computer.
Weaver teaches a gaming system and method for a promotional bingo tournament that supports a plurality of personal mobile devices (Weaver [Abstract]). The player interface unit can comprise the authorized mobile device (Weaver [0118]). For example, the illustrative player interface unit may be one of the plurality of authorized mobile devices that are associated with each venue (Weaver [0118]). The illustrative player interface unit includes a central computing element with a processor and memory storage 20 (Weaver [0118]). The player interface unit also includes a color display with a touch-screen (Weaver [0119]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to replace the lottery client module as disclosed by White with the player interface unit that includes a central computing element with a processor and memory storage and a color display as taught by Weaver to execute software to provide the electronic instant scratch off game.
Regarding Claims 2, 10, and 18: White further discloses wherein each of the plurality of final game symbols corresponds to one or more entries in a paytable, and wherein each of the one or more placeholder symbols does not correspond to any entries in the paytable (White, lottery client module 112 displays the fully scratched off instant scratch off game ticket to the player, with the identifier [0056] and [Fig. 12]; each scratched off number is associated with a dollar amount).
Regarding Claims 6 and 14: White further discloses wherein each of the one or more placeholder symbols covers one final game symbol (White, in FIG. 9, lottery client module 112 displays the instant scratch off game ticket to the player prior to scratching it off [0056] and [Fig. 9]).
Regarding Claims 7 and 15: White further discloses wherein each of the one or more placeholder symbols covers a plurality of final game symbols (White, in FIG. 12, lottery client module 112 displays the fully scratched off instant scratch off game ticket to the player, with the identifier [0056]).
Regarding Claim 9: White discloses a pull-tab gaming method comprising:
generating an electronic pull-tab deck, by a network component, that includes a plurality of electronic pull-tab tickets, in which each of the plurality of electronic pull-tab tickets associated with an award value, a display area, and a symbol identification and location for each of a plurality of final game symbols, wherein at least one electronic pull-tab ticket associated with a location for each of one or more placeholder symbols (White, the second module, "LottoMaster", also referred to herein as a lottery transaction processing module 132, may be implemented at lottery agency 130 in some embodiments; in some embodiments, LottoMaster may be implemented by a third party service provider; in some embodiments, lottery transaction processing module 132 can be provided as software for use on commodity server hardware; lottery transaction processing module 132 can be provided for use on a single server or as a distributed application for use across multiple servers [0032]; an electronic instant scratch off game template can include a game title, visual design, one or more scratch off region(s), rules, and the like; a new electronic instant scratch off game template could be a tic-tac-toe electronic instant scratch off game 300, as illustrated in FIG. 3; game title 310 for tic-tac-toe electronic instant scratch off game 300 comprises the words "TIC-TAC-TOE"; tic-tac-toe electronic instant scratch off game 300 contains nine scratch off regions, seven of which are non-played regions 320, and two of which are played regions 330; tic-tac-toe electronic instant scratch off game 300 can also comprise a background 340, comprising drawings, pictures, and the like to make the game more visually appealing to a player [0037]);
providing a plurality of game symbol display positions associated with the display area (White, an electronic instant scratch off game template can include a game title, visual design, one or more scratch off region(s), rules, and the like; a new electronic instant scratch off game template could be a tic-tac-toe electronic instant scratch off game 300, as illustrated in FIG. 3; game title 310 for tic-tac-toe electronic instant scratch off game 300 comprises the words "TIC-TAC-TOE"; tic-tac-toe electronic instant scratch off game 300 contains nine scratch off regions, seven of which are non-played regions 320, and two of which are played regions 330; tic-tac-toe electronic instant scratch off game 300 can also comprise a background 340, comprising drawings, pictures, and the like to make the game more visually appealing to a player [0037]);
communicatively coupling a gaming device to the network component (White, player end 110 and lottery agency 130 can be communicatively coupled to a communication network 120, such that player end 110 and lottery agency 130 can communicate [0029] and [Fig. 1]);
generating, by the gaming device, an electronic pull-tab ticket request (White, in block 420, lottery client module 112 allows the player to select one or more electronic instant scratch off games to play [0050]);
communicating, by the gaming device, the electronic pull-tab ticket request to the network component (White, in block 430, in accordance with the player's selection, lottery transaction processing module 132 sends one or more sets of electronic instant scratch off game tickets to lottery client module 112 [0052]);
selecting, by the network component, the at least one electronic pull-tab ticket associated with the location for one or more placeholder symbols (White, in block 430, in accordance with the player's selection, lottery transaction processing module 132 sends one or more sets of electronic instant scratch off game tickets to lottery client module 112 [0052]);
receiving, by the gaming device, the at least one electronic pull-tab ticket having the location for one or more placeholder symbols and displaying the display area corresponding to the electronic pull-tab ticket (White, in block 460, lottery transaction processing module 132 retrieves the statistically associated prize for the identifier associated with each electronic instant scratch off game ticket purchased by the player from lottery management module 134; lottery transaction processing module 132 sends the statistically associated prize information to lottery client module 112 [0056] and [Fig. 9]-[Fig. 12]); and
receiving, by the gaming device, an input that causes the gaming device to present an animation corresponding to the award value, the display area, the symbol identification and location for each of the plurality of final game symbols, and the location for each of the one or more placeholder symbols (White, lottery client module 112 may further comprise a scratch off simulation module which simulates the user experience of physically scratching an instant scratch off game ticket by allowing the player to "scratch off" part of the electronic instant scratch off game ticket using a mouse; a joystick, cellular telephone, or other device capable of providing force or other tactile feedback; a touch screen; or the like, as illustrated by FIGS. 9-12 [0056] and [Fig. 9]-[Fig. 12]);
wherein the animation displays the one or more placeholder symbols covering one or more final game symbols in the display area (White, in FIG. 9, lottery client module 112 displays the instant scratch off game ticket to the player prior to scratching it off [0056] and [Fig. 9]);
wherein the animation displays removing the one or more placeholder symbols to reveal the one or more final game symbols covered by the one or more placeholder symbols in the display area (White, in FIGS. 10-11, the scratch off simulation module allows the player to scratch off areas of the instant scratch off game ticket; in FIG. 12, lottery client module 112 displays the fully scratched off instant scratch off game ticket to the player, with the identifier; in some embodiments, lottery client module 112 can allow the player to select different scratch off regions, after which lottery client module 112 can animate a coin or other object scratching off the selected scratch off region; in some embodiments, lottery client module 112 may simply display the electronic instant scratch off game ticket with the scratch off region(s) already exposed; in all of the embodiments given, lottery client module 112 allows a player to experience the excitement and suspense of playing an electronic instant scratch off game from nearly any location [0056] and [Fig. 10]-[Fig. 12]).
White fails to explicitly disclose
wherein the gaming device includes a processor, a memory, and a display.
Weaver teaches
wherein the gaming device includes a processor, a memory, and a display (Weaver, the player interface unit 200 can comprise the authorized mobile device 112, the point-of-sale device 114, and any combination thereof; for example, the illustrative player interface unit 200 may be one of the plurality of authorized mobile devices 112 that are associated with each venue; the illustrative player interface unit 200 includes a central computing element 202 with a processor 204 and memory storage 206 [0118]; the player interface unit 200 also includes a color display with a touch-screen 208 [0119]).
As recited above with respect to claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date to replace the lottery client module as disclosed by White with the player interface unit that includes a central computing element with a processor and memory storage and a color display as taught by Weaver to execute software to provide the electronic instant scratch off game.
Regarding Claim 17: White discloses a pull-tab gaming system comprising:
a network component that generates an electronic pull-tab deck including a plurality of electronic pull-tab tickets, in which each of the plurality of electronic pull-tab tickets associated with an award value, a foreground display area, a background display area, and a symbol identification and location for each of a plurality of final game symbols, wherein at least one electronic pull-tab ticket is associated with a location for each of one or more placeholder symbols (White, the second module, "LottoMaster", also referred to herein as a lottery transaction processing module 132, may be implemented at lottery agency 130 in some embodiments; in some embodiments, LottoMaster may be implemented by a third party service provider; in some embodiments, lottery transaction processing module 132 can be provided as software for use on commodity server hardware; lottery transaction processing module 132 can be provided for use on a single server or as a distributed application for use across multiple servers [0032]; an electronic instant scratch off game template can include a game title, visual design, one or more scratch off region(s), rules, and the like; a new electronic instant scratch off game template could be a tic-tac-toe electronic instant scratch off game 300, as illustrated in FIG. 3; game title 310 for tic-tac-toe electronic instant scratch off game 300 comprises the words "TIC-TAC-TOE"; tic-tac-toe electronic instant scratch off game 300 contains nine scratch off regions, seven of which are non-played regions 320, and two of which are played regions 330; tic-tac-toe electronic instant scratch off game 300 can also comprise a background 340, comprising drawings, pictures, and the like to make the game more visually appealing to a player [0037]);
a plurality of game symbol display positions associated with the foreground display area (White, an electronic instant scratch off game template can include a game title, visual design, one or more scratch off region(s), rules, and the like; a new electronic instant scratch off game template could be a tic-tac-toe electronic instant scratch off game 300, as illustrated in FIG. 3; game title 310 for tic-tac-toe electronic instant scratch off game 300 comprises the words "TIC-TAC-TOE"; tic-tac-toe electronic instant scratch off game 300 contains nine scratch off regions, seven of which are non-played regions 320, and two of which are played regions 330; tic-tac-toe electronic instant scratch off game 300 can also comprise a background 340, comprising drawings, pictures, and the like to make the game more visually appealing to a player [0037]);
a gaming device communicatively coupled to the network component (White, player end 110 and lottery agency 130 can be communicatively coupled to a communication network 120, such that player end 110 and lottery agency 130 can communicate [0029] and [Fig. 1]);
an electronic pull-tab ticket request generated by the gaming device that is communicated to the network component, which selects one electronic pull-tab ticket from the electronic pull-tab deck (White, in block 420, lottery client module 112 allows the player to select one or more electronic instant scratch off games to play [0050]; in block 430, in accordance with the player's selection, lottery transaction processing module 132 sends one or more sets of electronic instant scratch off game tickets to lottery client module 112 [0052]);
the gaming device receives the electronic pull-tab ticket from the network component and displays both the background display area and the foreground display area corresponding to the electronic pull-tab ticket (White, in block 460, lottery transaction processing module 132 retrieves the statistically associated prize for the identifier associated with each electronic instant scratch off game ticket purchased by the player from lottery management module 134; lottery transaction processing module 132 sends the statistically associated prize information to lottery client module 112 [0056] and [Fig. 9]-[Fig. 12]); and
the gaming device presents an animation when the selected electronic pull-tab ticket is associated with the location for one or more placeholder symbols, wherein the presented animation corresponds to the award value, the foreground display area, the background display area, the symbol identification and location for each of the plurality of final game symbols, and the location for each of the one or more placeholder symbols (White, lottery client module 112 may further comprise a scratch off simulation module which simulates the user experience of physically scratching an instant scratch off game ticket by allowing the player to "scratch off" part of the electronic instant scratch off game ticket using a mouse; a joystick, cellular telephone, or other device capable of providing force or other tactile feedback; a touch screen; or the like, as illustrated by FIGS. 9-12 [0056] and [Fig. 9]-[Fig. 12]);
wherein the animation displays the one or more placeholder symbols covering one or more final game symbols in the foreground display area (White, in FIG. 9, lottery client module 112 displays the instant scratch off game ticket to the player prior to scratching it off [0056] and [Fig. 9]);
wherein the animation displays removing the one or more placeholder symbols to reveal the one or more final game symbols covered by the one or more placeholder symbols in the foreground display area (White, in FIGS. 10-11, the scratch off simulation module allows the player to scratch off areas of the instant scratch off game ticket; in FIG. 12, lottery client module 112 displays the fully scratched off instant scratch off game ticket to the player, with the identifier; in some embodiments, lottery client module 112 can allow the player to select different scratch off regions, after which lottery client module 112 can animate a coin or other object scratching off the selected scratch off region; in some embodiments, lottery client module 112 may simply display the electronic instant scratch off game ticket with the scratch off region(s) already exposed; in all of the embodiments given, lottery client module 112 allows a player to experience the excitement and suspense of playing an electronic instant scratch off game from nearly any location [0056] and [Fig. 10]-[Fig. 12]).
White fails to explicitly disclose
wherein the gaming device includes a processor, a memory, and a display.
Weaver teaches
wherein the gaming device includes a processor, a memory, and a display (Weaver, the player interface unit 200 can comprise the authorized mobile device 112, the point-of-sale device 114, and any combination thereof; for example, the illustrative player interface unit 200 may be one of the plurality of authorized mobile devices 112 that are associated with each venue; the illustrative player interface unit 200 includes a central computing element 202 with a processor 204 and memory storage 206 [0118]; the player interface unit 200 also includes a color display with a touch-screen 208 [0119]).
As recited above with respect to claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date to replace the lottery client module as disclosed by White with the player interface unit that includes a central computing element with a processor and memory storage and a color display as taught by Weaver to execute software to provide the electronic instant scratch off game.
Claims 3, 11, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over White, in view of Weaver, and further in view of Koll et al., US 2016/0307405 A1 (hereinafter Koll).
Regarding Claims 3, 11, and 19: White, as modified, discloses the invention as recited above. White, as modified, fails to explicitly disclose wherein the animation further includes display of at least one of the one or more placeholder symbols moving from a location to retrieve a corresponding final game symbol for display in the display area.
Koll teaches wherein the animation further includes display of at least one of the one or more placeholder symbols moving from a location to retrieve a corresponding final game symbol for display in the display area (Koll, the pre-determined call letters can appear under a scratch-off coating, or a code can be printed on the ticket that, when imaged by a reader device such as a mobile communications device with a camera, presents an animation that reveals the call letters to be matched to the letters in the words on the player's ticket [0083]).
White discloses a plurality of electronic records, stored in a database, each representing an electronic instant scratch off game ticket, the records comprising an identifier and a prize (White [Abstract]). A lottery client module may further comprise a scratch off simulation module which simulates the user experience of physically scratching an instant scratch off game ticket by allowing the player to "scratch off" part of the electronic instant scratch off game ticket using a mouse; a joystick, cellular telephone, or other device capable of providing force or other tactile feedback; a touch screen; or the like, as illustrated by FIGS. 9-12 (White [0056]). Lottery client module can allow the player to select different scratch off regions, after which lottery client module can animate a coin or other object scratching off the selected scratch off region (White [0056]).
The pre-determined call letters can appear under a scratch-off coating, or a code can be printed on the ticket that, when imaged by a reader device such as a mobile communications device with a camera, presents an animation that reveals the call letters to be matched to the letters in the words on the player's ticket (Koll [0083]). In all of the embodiments given, lottery client module allows a player to experience the excitement and suspense of playing an electronic instant scratch off game from nearly any location (Koll [0083]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the animation of a coin or other object scratching off the selected scratch off regions as disclosed by White with the animation that reveals the call letters to be matched to the letters in the words on the player's ticket as taught by Koll in order to allow a player to experience the excitement and suspense of playing an electronic instant scratch off game from nearly any location.
There are currently no prior art rejections for claims 4-5, 8, 12-13, 16, and 20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WERNER G GARNER whose telephone number is (571)270-7147. The examiner can normally be reached M-F 7:30-15:30 EST.
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/WERNER G GARNER/ Primary Examiner, Art Unit 3715
