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:
Claims 1-7 are drawn to a gaming system (machine).
Claims 8-14 are drawn to a gaming method (process).
Claims 15-20 are drawn to a gaming system (machine).
Thus, initially, under Step 1 of the analysis, it is noted that the claims are directed towards eligible categories of subject matter.
Step 2A:
However, under Step 2A, the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea). The claims are directed to the abstract idea of fundamental economic practices (i.e. wagering).
Let us begin by considering the requirements of each independent claim:
Thus, let us take Claim 1 as exemplary:
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 paytable modification value, a set of final game symbols, and a display area, wherein the set of final game symbols includes a plurality of final game symbols (certain methods of organizing human activity: fundamental economic practices such as wagering; wagering includes actions such as receiving an input/wager, displaying an outcome, and using the outcome to settle the wager);
a plurality of game symbol display positions associated with the display area (certain methods of organizing human activity: fundamental economic practices such as wagering; wagering includes actions such as receiving an input/wager, displaying an outcome, and using the outcome to settle the wager);
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 one electronic pull-tab ticket associated with a non-zero paytable modification value (certain methods of organizing human activity: fundamental economic practices such as wagering; wagering includes actions such as receiving an input/wager, displaying an outcome, and using the outcome to settle the wager);
the gaming device receives the electronic pull-tab ticket associated with the non-zero paytable modification value from the network component and displays the display area corresponding to the electronic pull-tab ticket (certain methods of organizing human activity: fundamental economic practices such as wagering; wagering includes actions such as receiving an input/wager, displaying an outcome, and using the outcome to settle the wager); and
an input received at the gaming device triggers the gaming device to display a paytable modification animation corresponding to the received electronic pull-tab ticket non-zero paytable modification value (certain methods of organizing human activity: fundamental economic practices such as wagering; wagering includes actions such as receiving an input/wager, displaying an outcome, and using the outcome to settle the wager).
Under broadest reasonable interpretation, independent claims 1, 8, and 15 are directed to the fundamental economic practice of wagering, aside from the reference to a generic computer or generic gaming components (e.g. a network component, a gaming device, a processor, a memory, a display).
The second prong of Step 2A, ask whether the claims recite additional elements that would integrate the abstract idea into a practical application. Here, the abstract idea is not integrated into a practical application. Claims 1, 8, and 15 recite the additional elements of a network component, a gaming device, a processor, a memory, and a display, along with the steps of an electronic pull-tab ticket request generated by the gaming device that is communicated to the network component and an input received at the gaming device triggers the gaming device to display a paytable modification animation. The network component, gaming device, processor, memory, and display are recited at a high level of generality (i.e. a generic computer or gaming components performing generic computer functions like processing, transmitting, and displaying data) and do not add any meaningful limitation to the abstract idea because it amounts to simply invoking a computer or generic gaming components as a tool to perform an existing process in their ordinary capacity and/or generally linking the abstract idea to a technological environment. In other words, the claims invoke the network component, gaming device, processor, memory, and display merely as tools to execute the abstract idea. Additionally, the additional elements of an electronic pull-tab ticket request generated by the gaming device that is communicated to the network component and an input received at the gaming device triggers the gaming device to display a paytable modification animation are considered insignificant extra-solution activities related to transmitting and displaying data and does not add any meaningful limitation to the abstract idea.
Step 2B:
Step 2B asks whether a claimed invention which fails Step 2A contains an inventive concept, i.e. significantly more. Independent claims 1, 8, and 15 do not include additional elements, when considered individually and in combination, that amount to significantly more than the abstract idea. As discussed above with respect to the integration of the abstract idea into a practical application, the network component, gaming device, processor, memory, and display are recited at a high level of generality (i.e. as generic computer components performing generic computer functions like processing, transmitting, and displaying data) and simply amount to implementing the abstract idea using a generic computer or gaming components. The additional elements that were considered insignificant pre-solution or extra-solution activity have been re-analyzed and do not amount to anything more than what is well-understood, routine and conventional (see MPEP 2106.05(d), Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result--a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink AND Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93).
The combination of additional elements adds nothing that is not already present when considered separately. Therefore, the claims recite an abstract idea without significantly more.
Dependent claims
Claims 2-7, 9-14, and 16-20 inherit the same abstract idea as claims 1, 8, and 15.
Claims 2-7, 9-14, and 16-20 recite further additional element limitations related to wagering (i.e. displaying symbols, modifying paytables, awards/payouts). These additional elements, under their BRI, fall within the certain methods of organizing human activity grouping(s) of abstract ideas and/or are additional elements that are considered insignificant pre-solution or extra-solution activities, and do not add any meaningful limitation to the abstract idea and do not amount to anything more than what is well-understood, routine and conventional, as would flow naturally from the similar recitations discussed above.
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)(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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deleon et al. (US 2019/0073877 A1).
Regarding claims 1 and 8, Deleon 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 paytable modification value, a set of final game symbols, and a display area, wherein the set of final game symbols includes a plurality of final game symbols (see fig. 1 and par. [0022], The system 200 may include a pull-tab server 220 (hereinafter server 220) configured to communicate with the one or more terminals in accordance with one or more gaming systems, steps, operations, and embodiments, as described herein. The server 200 may make determinations regarding the outcomes of the games and a selection of tickets and other aspects of the gameplay);
a plurality of game symbol display positions associated with the display area (see fig. 1);
a gaming device communicatively coupled to the network component, wherein the gaming device includes a processor, a memory, and a display (see fig. 1 and par. [0039], The terminal 202 communicates with the server 220 to retrieve a pull-tab ticket; also par. [0043], In other example embodiments, components may include a general-purpose processor, memory, etc., configured by software instructions that embody logic operable to perform functions);
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 associated with a non-zero paytable modification value (see par. [0023], According to an aspect of the disclosure, after the game is started, the terminal 202 may request a pull-tab ticket from the server 220 at step 3. Upon receipt of the request for a pull-tab ticket from the terminal 202, the server may make a determination to send a pull-tab ticket to the terminal 202 at step 4);
the gaming device receives the electronic pull-tab ticket associated with the non-zero paytable modification value from the network component and displays the display area corresponding to the electronic pull-tab ticket (see par. [0023], The display 208 of the terminal 202 may visualize the outcome of the pull-tab ticket so the player 100 sees the outcome); and
an input received at the gaming device triggers the gaming device to display a paytable modification animation corresponding to the received electronic pull-tab ticket non-zero paytable modification value (see par. [0023], The terminal 202 may be configured to remove each of the pull-tabs 212 covering the rows of indicia 214 upon receipt of an input from the player 100; see par. [0025], Step 6 of FIG. 2 illustrates that the terminal may check the pull-tab ticket to see if it is a SuperTab; see par. [0026], In embodiments, the SuperTab may be eligible for use in at least one separate game (or round of game), in which the SuperTab will be assigned a new value, different from the original value assigned to the SuperTab in the first round of the game; being assigned a different value would mean that the paytable was modified).
Regarding claims 2 and 9, Deleon discloses wherein each of the plurality of electronic pull-tab tickets is further associated with a set of initial game symbols (see fig. 1 and par. [0023], The indicia 210 may be covered by a pull-tab 212, which upon removal reveals the indicia 210).
Regarding claims 3 and 10, Deleon discloses wherein the paytable modification animation includes display of a set of initial game symbols corresponding to the received ticket and substitution of at least one initial game symbol with at least one final game symbol (see fig. 2 and par. [0026], The SuperTab is played as a normal pull-tab would be through the first round of play. In embodiments, the SuperTab may be eligible for use in at least one separate game (or round of game), in which the SuperTab will be assigned a new value, different from the original value assigned to the SuperTab in the first round of the game).
Regarding claims 4 and 11, Deleon discloses wherein the network component awards the ticket value to a player account (see par. [0027], If a player decides not to play again, the player may cash out and receive a ticket, card, credit, or other physical or virtual indication or receipt of any winnings accumulated).
Regarding claims 5 and 12, Deleon discloses wherein each of the plurality of electronic pull-tab tickets is further associated with a base paytable and a modified paytable, wherein the modified paytable is the base paytable when the paytable modification value is zero, and wherein the modified paytable is different from the base paytable when the paytable modification value is non-zero (see par. [0025], Step 6 of FIG. 2 illustrates that the terminal may check the pull-tab ticket to see if it is a SuperTab. If the pull-tab ticket is not a SuperTab, the game ends. If the pull-tab ticket is a SuperTab, the terminal 202 may display the outcome that the pull-tab ticket is a SuperTab to the player 100; see par. [0026], The SuperTab is played as a normal pull-tab would be through the first round of play. In embodiments, the SuperTab may be eligible for use in at least one separate game (or round of game), in which the SuperTab will be assigned a new value, different from the original value assigned to the SuperTab in the first round of the game).
Regarding claims 6 and 13, Deleon discloses wherein each base paytable includes a range of payouts for one or more combination of final game symbols (see par. [0003], The indicia printed on the ticket correlate to an outcome of the game. Some of the tickets include indicia that correlate to winning a prize, and others of the tickets include indicia that correlate to no prize).
Regarding claims 7 and 14, Deleon discloses wherein each paytable modification animation corresponding to non-zero paytable modification values presents increased payouts for one or more combinations of final game symbols (see par. [0026], The SuperTab is played as a normal pull-tab would be through the first round of play. In embodiments, the SuperTab may be eligible for use in at least one separate game (or round of game), in which the SuperTab will be assigned a new value, different from the original value assigned to the SuperTab in the first round of the game).
Claim Rejections - 35 USC § 103
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.
Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deleon et al. (US 2019/0073877 A1) in view of Guerrero et al. (US 2023/0005340 A1).
Regarding claim 15, Deleon 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 paytable modification value, a set of final game symbols, and a primary display area, wherein the set of final game symbols includes a plurality of final game symbols (see fig. 1 and par. [0022], The system 200 may include a pull-tab server 220 (hereinafter server 220) configured to communicate with the one or more terminals in accordance with one or more gaming systems, steps, operations, and embodiments, as described herein. The server 200 may make determinations regarding the outcomes of the games and a selection of tickets and other aspects of the gameplay);
a plurality of game symbol display positions associated with the primary display area (see fig. 1);
a gaming device communicatively coupled to the network component, wherein the gaming device includes a processor, a memory, and a display (see fig. 1 and par. [0039], The terminal 202 communicates with the server 220 to retrieve a pull-tab ticket; also par. [0043], In other example embodiments, components may include a general-purpose processor, memory, etc., configured by software instructions that embody logic operable to perform functions);
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 associated with a non-zero paytable modification value (see par. [0023], According to an aspect of the disclosure, after the game is started, the terminal 202 may request a pull-tab ticket from the server 220 at step 3. Upon receipt of the request for a pull-tab ticket from the terminal 202, the server may make a determination to send a pull-tab ticket to the terminal 202 at step 4);
the gaming device receives the electronic pull-tab ticket associated with the non-zero paytable modification value from the network component and displays the primary display area corresponding to the electronic pull-tab ticket (see par. [0023], The display 208 of the terminal 202 may visualize the outcome of the pull-tab ticket so the player 100 sees the outcome); and
an input received at the gaming device triggers the gaming device to display in the primary display area a paytable modification animation corresponding to the received electronic pull-tab ticket non-zero paytable modification value (see par. [0023], The terminal 202 may be configured to remove each of the pull-tabs 212 covering the rows of indicia 214 upon receipt of an input from the player 100; see par. [0025], Step 6 of FIG. 2 illustrates that the terminal may check the pull-tab ticket to see if it is a SuperTab; see par. [0026], In embodiments, the SuperTab may be eligible for use in at least one separate game (or round of game), in which the SuperTab will be assigned a new value, different from the original value assigned to the SuperTab in the first round of the game; being assigned a different value would mean that the paytable was modified).
However, Deleon does not explicitly disclose a secondary display area and triggering the gaming device to display in the secondary display area a paytable modification animation.
Guerrero teaches a gaming system using dynamic modifiers including a a secondary display area and triggering the gaming device to display in the secondary display area a paytable modification animation (see fig. 8E-8H and par. [0142], The multiplier selectors 518 may be presented in a manner that enables a player to view both the multiplier selector 518 and the award indicia of a value-bearing symbol 504 associated with a given symbol position simultaneously; see par. [0146], The presentation of the selection may include cycling through the available multiplier values until landing on the selected multiplier value and updating the award value of the corresponding value-bearing symbol 504). It would have been obvious to one of ordinary skill in the art to combine the pull-tab gaming system of Deleon with the secondary display area of Guerrero in order to provide innovative procedures for aggregating values of symbols in a symbol array and applying dynamic modifiers (see Guerrero, par. [0152]).
Regarding claim 16, Deleon discloses wherein each of the plurality of electronic pull-tab tickets is further associated with a set of initial game symbols (see fig. 1 and par. [0023], The indicia 210 may be covered by a pull-tab 212, which upon removal reveals the indicia 210).
Regarding claim 17, Deleon discloses wherein the paytable modification animation includes display of a set of initial game symbols and substitution of at least one initial game symbol with at least one final game symbol in the primary display area, wherein the set of initial game symbols correspond to the received ticket (see fig. 2 and par. [0026], The SuperTab is played as a normal pull-tab would be through the first round of play. In embodiments, the SuperTab may be eligible for use in at least one separate game (or round of game), in which the SuperTab will be assigned a new value, different from the original value assigned to the SuperTab in the first round of the game).
Regarding claim 18, Deleon discloses wherein the network component awards the ticket value to a player account (see par. [0027], If a player decides not to play again, the player may cash out and receive a ticket, card, credit, or other physical or virtual indication or receipt of any winnings accumulated).
Regarding claim 19, Deleon discloses wherein each of the plurality of electronic pull-tab tickets is further associated with a base paytable and a modified paytable, wherein the modified paytable is the base paytable when the paytable modification value is zero, and wherein the modified paytable is different from the base paytable when the paytable modification value is non-zero (see par. [0025], Step 6 of FIG. 2 illustrates that the terminal may check the pull-tab ticket to see if it is a SuperTab. If the pull-tab ticket is not a SuperTab, the game ends. If the pull-tab ticket is a SuperTab, the terminal 202 may display the outcome that the pull-tab ticket is a SuperTab to the player 100; see par. [0026], The SuperTab is played as a normal pull-tab would be through the first round of play. In embodiments, the SuperTab may be eligible for use in at least one separate game (or round of game), in which the SuperTab will be assigned a new value, different from the original value assigned to the SuperTab in the first round of the game).
Regarding claim 20, Deleon discloses wherein each base paytable includes a range of payouts for one or more combination of final game symbols (see par. [0003], The indicia printed on the ticket correlate to an outcome of the game. Some of the tickets include indicia that correlate to winning a prize, and others of the tickets include indicia that correlate to no prize).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Acres et al. (US 2017/0236366 A1), Luciano et al. (US 2014/0235331 A1), Munoz (US 2004/0242313 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN CHAN whose telephone number is (571)270-5529. The examiner can normally be reached Monday-Friday, 11:00 AM EST to 7:00 PM EST.
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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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/ALLEN CHAN/Primary Examiner, Art Unit 3715 3/7/2026