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 1-8 are drawn to an electronic gaming system (machine).
Claims 9-14 are drawn to an electronic gaming system (machine).
Claims 15-20 are drawn to a method (process).
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:
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 (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);
determine that a base reel game outcome of the base reel game triggers a bonus wheel game (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
control the display device to display the bonus wheel game including (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):
causing to be displayed a wheel feature including a plurality of wedges, each wedge of the plurality of wedges depicting one of a credit value or an action feature (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),
causing to be displayed at least one pointer positioned adjacent the wheel feature and configured to identify one of the plurality of wedges of the wheel feature (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
control at least one of the wheel feature or the at least one pointer to rotate and subsequently stop to determine a bonus wheel game outcome for a first free spin of at least one free spin, the bonus wheel game outcome including at least one of (i) the credit value depicted on at least one wedge of the plurality of wedges identified by the at least one pointer, or (ii) the action feature depicted on at least one wedge of the plurality of wedges identified by the at least one pointer (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, 9, 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 display device, a game controller, a processor, a memory).
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, 9, and 15 recite the additional elements of a display device, a game controller, a processor, and a memory. The display device, game controller, processor, and memory 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 display device, game controller, processor, and memory merely as tools to execute the abstract idea without adding 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, 9, 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 display device, game controller, processor, and memory 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 2-8, 10-14, and 16-20 inherit the same abstract idea as claims 1, 9, and 15.
Claims 2-8, 10-14, and 16-20 recite further additional element limitations related to wagering (i.e. displaying wheels and symbols, various visual features related to displaying an outcome, multipliers and adjusting awards/payouts). These additional elements, under their BRI, fall within the certain methods of organizing human activity grouping(s) of abstract ideas 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) 1-3, 9, 10, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marsh et al. (US 2022/0395744 A1).
Regarding claims 1 and 15, Marsh discloses an electronic gaming system comprising:
a display device (see fig. 1A); 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 (see par. [0040], Many or all the above described components can be controlled by circuitry (e.g., a gaming controller) housed inside the main cabinet 116 of the EGM 104, the details of which are shown in FIG. 2A; also see par. [0063], FIG. 2A illustrates that processor 204 is operatively coupled to memory 208), cause the game controller to:
control the display device to display a base reel game including a plurality of reels (see par. [0044], In some examples, the main display 128A may be used to provide a reel simulation dependent on another primary game, like a bingo game);
determine that a base reel game outcome of the base reel game triggers a bonus wheel game (see par. [0038], Gaming device 104A may also include a bonus topper wheel 134. When bonus play is triggered (e.g., by a player achieving a particular outcome or set of outcomes in the primary game), bonus topper wheel 134 is operative to spin and stop with indicator arrow 136 indicating the outcome of the bonus game); and
control the display device to display the bonus wheel game including (see par. [0038], Gaming device 104A may also include a bonus topper wheel 134. When bonus play is triggered (e.g., by a player achieving a particular outcome or set of outcomes in the primary game), bonus topper wheel 134 is operative to spin and stop with indicator arrow 136 indicating the outcome of the bonus game):
causing to be displayed a wheel feature including a plurality of wedges, each wedge of the plurality of wedges depicting one of a credit value or an action feature (see figs. 5-7, shows credit values and action features such as Free Spin),
causing to be displayed at least one pointer positioned adjacent the wheel feature and configured to identify one of the plurality of wedges of the wheel feature (see figs. 5-7 and par. [0073], The wheel feature controller 244 may also include a spin controller 248 that controls how a feature wheel or a feature wheel pointer, e.g., wheel pointer 556 in FIG. 5 , are spun or simulated to spin), and
control at least one of the wheel feature or the at least one pointer to rotate and subsequently stop to determine a bonus wheel game outcome for a first free spin of at least one free spin, the bonus wheel game outcome including at least one of (i) the credit value depicted on at least one wedge of the plurality of wedges identified by the at least one pointer, or (ii) the action feature depicted on at least one wedge of the plurality of wedges identified by the at least one pointer (see par. [0076], The wheel slice award controller 258 may award a wheel credit when the feature wheel has landed on a wheel slice having a credit value outcome (e.g., a credit amount, free spin, etc.) to award, when the trigger condition has occurred).
Regarding claims 2 and 16, Marsh discloses wherein the instructions stored in the memory, when executed by the processor, further cause the game controller to control at least one of the wheel feature or the at least one pointer to rotate and subsequently stop to determine a distinct bonus wheel game outcome for a second free spin of the at least one free spin, the distinct bonus wheel game outcome including at least one of: (i) the credit value depicted on at least one wedge of the plurality of wedges identified by the at least one pointer, wherein the credit value of the distinct bonus wheel game outcome for the second free spin is equal to or greater than the credit value of the bonus wheel game outcome for the first free spin, or (ii) the action feature depicted on at least one wedge of the plurality of wedges identified by the at least one pointer (see par. [0008], In response to determining that one or more bingo game awards includes a second bingo game award, the instructions may also cause the at least one processor to re-populate the plurality of wheel slice values to have at least the first wheel slice value and rotate the feature wheel a second time; also see par. [0109], In some embodiments, each wheel slice value 562 may be increased on each subsequent spin to be equal to or greater than the last credit value outcome).
Regarding claims 3 and 17, Marsh discloses wherein the at least one pointer includes at least one of an inner pointer extending radially outward from a center of the wheel feature, or an outer rim pointer positioned adjacent to an outer rim of the wheel feature, radially opposite the center (see par. [0073], The wheel feature controller 244 may also include a spin controller 248 that controls how a feature wheel or a feature wheel pointer, e.g., wheel pointer 556 in FIG. 5 , are spun or simulated to spin).
Regarding claim 9, Marsh discloses an electronic gaming system comprising:
at least one touch enabled display device (see par. [0061], In some examples, the display interface(s) above may include or complement one or more user interfaces, such as a touch screen, one or more buttons, a gesture recognition system, a voice recognition system, etc.); and
a game controller in communication with the at least one touch enabled 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 (see par. [0040], Many or all the above described components can be controlled by circuitry (e.g., a gaming controller) housed inside the main cabinet 116 of the EGM 104, the details of which are shown in FIG. 2A; also see par. [0063], FIG. 2A illustrates that processor 204 is operatively coupled to memory 208), cause the game controller to:
control the at least one touch enabled display device to display a base reel game including a plurality of reels (see par. [0083], Examples of UI outcomes are symbols to display on a video reel or reel stops for a mechanical reel);
determine that a base reel game outcome of the base reel game triggers an interactive bonus game (see par. [0073], A trigger detection controller 250 may detect and determine if a trigger to initiate a wheel feature mode or if an outcome has resulted); and
control the at least one touch enabled display device to display the interactive bonus game (see fig. 7) including:
causing to be displayed a plurality of interactive bonus game symbols displayed on the at least one touch enabled display device, each of the plurality of interactive bonus game symbols associated with a credit value or an action feature (see figs. 5-7, shows credit values and action features such as Free Spin), and
in response to at least one interactive bonus game symbol of the plurality of interactive bonus game symbols being selected via the at least one touch enabled display device, determine an interactive bonus game outcome for a first free play of at least one free play for the interactive bonus game, the interactive bonus game outcome including at least one of (i) the credit value associated with the at least one, selected interactive bonus game symbol of the plurality of interactive bonus game symbols, or (ii) the action feature associated with the at least one, selected interactive bonus game symbol of the plurality of interactive bonus game symbols (see par. [0076], The wheel slice award controller 258 may award a wheel credit when the feature wheel has landed on a wheel slice having a credit value outcome (e.g., a credit amount, free spin, etc.) to award, when the trigger condition has occurred).
Regarding claim 10, Marsh discloses wherein in response to controlling the at least one touch enabled display device to display the interactive bonus game, the at least one processor further causes the game controller to cause to be displayed on the at least one touch enabled display device the interactive bonus game symbols in a grid pattern, or cause to be displayed on the at least one touch enabled display device the interactive bonus game symbols in a continuously moving, random pattern (see par. [0009], The method may also include animating, in response to receiving the user input from the one or more of the gaming devices while displaying the feature wheel, at least one of a plurality of consecutive wheel rotations of the feature wheel on the display device).
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) 4, 5, 7, 8, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marsh et al. (US 2022/0395744 A1) in view of Beria et al. (US 2020/0402350 A1).
Regarding claims 4 and 18, Marsh discloses wherein in response to controlling at least one of the wheel feature or the at least one pointer to rotate and subsequently stop to determine the bonus wheel game outcome for the first free spin (see par. [0038], Gaming device 104A may also include a bonus topper wheel 134. When bonus play is triggered (e.g., by a player achieving a particular outcome or set of outcomes in the primary game), bonus topper wheel 134 is operative to spin and stop with indicator arrow 136 indicating the outcome of the bonus game), the at least one processor further causes the game controller to:
control the wheel feature to rotate and subsequently stop, the wheel feature rotating in a first direction (see par. [0109], The feature wheel 558 may be animated to spin or rotate by a user input at the user interface);
determine the bonus wheel game outcome for the first free spin (see par. [0076], The wheel slice award controller 258 may award a wheel credit when the feature wheel has landed on a wheel slice having a credit value outcome (e.g., a credit amount, free spin, etc.) to award), the bonus wheel game outcome including:
the credit value depicted on at least one wedge of the plurality of wedges identified by at least one of the inner pointer or the outer rim pointer (see par. [0076], The wheel slice award controller 258 may award a wheel credit when the feature wheel has landed on a wheel slice having a credit value outcome (e.g., a credit amount, free spin, etc.) to award), or
the action feature depicted on at least one wedge of the plurality of wedges identified by at least one of the inner pointer or the outer rim pointer (see par. [0076], The wheel slice award controller 258 may award a wheel credit when the feature wheel has landed on a wheel slice having a credit value outcome (e.g., a credit amount, free spin, etc.) to award).
However, Marsh does not explicitly disclose controlling the inner pointer to rotate and subsequently stop, the inner pointer rotating in the first direction or a second direction, opposite the first direction and controlling the outer rim pointer to rotate and subsequently stop, the outer rim pointer rotating in the first direction or the second direction.
Beria teaches a gaming machine with a wheel having a plurality of wedges and controlling the inner pointer to rotate and subsequently stop, the inner pointer rotating in the first direction or a second direction, opposite the first direction and controlling the outer rim pointer to rotate and subsequently stop, the outer rim pointer rotating in the first direction or the second direction (see figs. 21A-21F and par. [0130], As indicated by the arrows, in one embodiment all of the pointers spin or rotate in the same direction, e.g., clockwise. It should be noted that the pointers could all spin in the opposite direction or the pointers could move in different directions). It would have been obvious to one of ordinary skill in the art to combine the electronic gaming system of Marsh with the inner and outer pointers and pointer rotations of Beria in order to increase the flexibility of providing prizes, e.g., credits, to players during the game feature and increases the player's interest in playing the game (see Beria, par. [0025]).
Regarding claims 5 and 19, Marsh discloses wherein in response to controlling the inner pointer and the outer rim pointer to rotate and subsequently stop on a first wedge of the plurality of wedges, the at least one processor further causes the game controller to determine the bonus wheel game outcome for the first free spin of the at least one free spin, the bonus wheel game outcome including the credit value of the first wedge of the plurality of wedges multiplied by two (2) (see par. [0116], For example, as seen FIG. 7 , the wheel 758 stops based on the winning bingo outcome to align the wheel pointer 756 with a 5 credit, a 20 credit and an “Ultra” (which, in this example, is set as a 2× multiplier when not combined with other “Ultras”)).
Regarding claim 7, Marsh discloses wherein in response to controlling the display device to display the bonus wheel game, the at least one processor further causes the game controller to cause to be displayed a distinct wheel feature disposed around the wheel feature, the distinct wheel feature including a distinct plurality of wedges, each wedge of the distinct plurality of wedges depicting the credit value (see fig. 7 and par. [0114], In the example of FIG. 7 , the feature wheel 758 is graphically presented as a series of three rings 760 that includes a series of bars, e.g., 760A, 760B to 760X. A central wheel hub display area 768 is included).
However, Marsh does not explicitly disclose causing to be displayed at least one distinct pointer configured to identify one of the distinct plurality of wedges of the distinct wheel feature.
Beria teaches a gaming machine with a wheel having a plurality of wedges and causing to be displayed at least one distinct pointer configured to identify one of the distinct plurality of wedges of the distinct wheel feature (see figs. 21A-21F and par. [0132], As shown in FIGS. 21B-21C, the wedges and associated indicia are displayed and the remaining pointers, which are now located about the second or middle wheel 202B, are rotated or spun about the second wheel 202B. The pointers 204 are stopped at randomly determined locations about the second wheel 202B. Any pointer 204 associated with a wedge (of the second wheel 202B) having an associated prize symbol, e.g., a credit amount or a jackpot is held). It would have been obvious to one of ordinary skill in the art to combine the electronic gaming system of Marsh with the distinct pointer of Beria in order to increase the flexibility of providing prizes, e.g., credits, to players during the game feature and increases the player's interest in playing the game (see Beria, par. [0025]).
Regarding claim 8, Marsh discloses wherein in response to controlling the display device to display the bonus wheel game, the at least one processor further causes the game controller to control at least one of the distinct wheel feature or the at least one distinct pointer to rotate and subsequently stop to determine the bonus wheel game outcome for the first free spin of the at least one free spin (see par. [0103], The feature wheel 558 may be animated to spin or rotate by a user input at the user interface), the bonus wheel game outcome including:
the credit value depicted on at least one wedge of the plurality of wedges identified by the at least one pointer (see par. [0076], The wheel slice award controller 258 may award a wheel credit when the feature wheel has landed on a wheel slice having a credit value outcome (e.g., a credit amount, free spin, etc.) to award, when the trigger condition has occurred). Beria teaches the bonus wheel game outcome including the credit value depicted on at least one wedge of the distinct plurality of wedges identified by the at least one distinct pointer (see figs. 21A-21F and par. [0132], As shown in FIGS. 21B-21C, the wedges and associated indicia are displayed and the remaining pointers, which are now located about the second or middle wheel 202B, are rotated or spun about the second wheel 202B. The pointers 204 are stopped at randomly determined locations about the second wheel 202B. Any pointer 204 associated with a wedge (of the second wheel 202B).
Regarding claim 20, Marsh discloses causing to be displayed a distinct wheel feature disposed around the wheel feature, the distinct wheel feature including a distinct plurality of wedges, each wedge of the distinct plurality of wedges depicting the credit value (see fig. 7 and par. [0114], In the example of FIG. 7, the feature wheel 758 is graphically presented as a series of three rings 760 that includes a series of bars, e.g., 760A, 760B to 760X. A central wheel hub display area 768 is included);
controlling at least one of the distinct wheel feature or the at least one distinct pointer to rotate and subsequently stop to determine the bonus wheel game outcome for the first free spin of the at least one free spin (see par. [0103], The feature wheel 558 may be animated to spin or rotate by a user input at the user interface), the bonus wheel game outcome including:
the credit value depicted on at least one wedge of the plurality of wedges identified by the at least one pointer (see par. [0076], The wheel slice award controller 258 may award a wheel credit when the feature wheel has landed on a wheel slice having a credit value outcome (e.g., a credit amount, free spin, etc.) to award, when the trigger condition has occurred).
However, Marsh does not explicitly disclose causing to be displayed at least one distinct pointer configured to identify one of the distinct plurality of wedges of the distinct wheel feature and the credit value depicted on at least one wedge of the distinct plurality of wedges identified by the at least one distinct pointer.
Beria teaches a gaming machine with a wheel having a plurality of wedges and causing to be displayed at least one distinct pointer configured to identify one of the distinct plurality of wedges of the distinct wheel feature and the credit value depicted on at least one wedge of the distinct plurality of wedges identified by the at least one distinct pointer (see figs. 21A-21F and par. [0132], As shown in FIGS. 21B-21C, the wedges and associated indicia are displayed and the remaining pointers, which are now located about the second or middle wheel 202B, are rotated or spun about the second wheel 202B. The pointers 204 are stopped at randomly determined locations about the second wheel 202B. Any pointer 204 associated with a wedge (of the second wheel 202B) having an associated prize symbol, e.g., a credit amount or a jackpot is held). It would have been obvious to one of ordinary skill in the art to combine the electronic gaming system of Marsh with the distinct pointer of Beria in order to increase the flexibility of providing prizes, e.g., credits, to players during the game feature and increases the player's interest in playing the game (see Beria, par. [0025]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Baerlocher et al. (US 6,336,863 B1), Abrahamson (US 11,954,976 B2), Chesworth et al. (US 11,462,076 B2)
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 3/13/2026