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 .
DETAILED ACTION
Response to Amendment
Applicant’s submission of a response was received on 7/6/26.
In the response Applicant amended claim(s) 1, 12, 19.
Currently, claim(s) 1-20 is/are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11250667, 11776358, and 12073691. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the present application are merely broader in scope than that of U.S. Patent No. 11250667, 11776358, and 12073691. Therefore, U.S. Patent No. 11250667, 11776358, and 12073691 “invention” meets the limitations of the instant application. See below for a comparison of independent claims.
Instant Application
U.S. Patent No. 11250667
U.S. Patent No. 11776358
U.S. Patent No. 12073691
1. A computer system comprising at least one processor in communication with a plurality of gaming devices and at least one memory storing a plurality of bonus game paytables, each of the plurality of bonus game paytables associated with (i) a respective state of a plurality of predefined states of a persistent bonus game jackpot, and (ii) a probability of awarding the persistent bonus game jackpot, the memory further having instructions stored thereon which, when executed by the at least one processor, cause the at least one processor to: determine a current state of the plurality of predefined states of the persistent bonus game jackpot based on a current amount of the persistent bonus game jackpot; dynamically select, based upon the determined current state of the persistent bonus game jackpot, a corresponding bonus game paytable from the plurality of bonus game paytables stored in the at least one memory; in response to detecting execution of a game instance of a base game at one of the plurality of gaming devices, the base game separate from the persistent bonus game jackpot, evaluate a randomly generated matrix associated with the one of the plurality of gaming devices provided in association with the persistent bonus game jackpot against the dynamically selected corresponding bonus game paytable; and transmit game outcome data to the one of the plurality of gaming devices, the game outcome data causing the one of the plurality of gaming devices to display a game outcome determined at least in part based on the evaluating of the randomly generated matrix.
1. A system for evaluating a persistent bonus game jackpot against a plurality of paytables, the system comprising a processor and a memory, wherein the processor is configured to execute instructions stored in the memory which when executed, cause the processor to at least: provide a bingo game at an electronic gaming machine (EGM), provide a persistent bonus game jackpot in addition to the bingo game, the persistent bonus game jackpot including an amount that defines a current accumulated value of the persistent bonus game jackpot; store, within the memory, a plurality of paytables, each paytable of the plurality of paytables associated with an accumulated value of the persistent bonus game jackpot and including a probability of awarding the persistent bonus game jackpot at the associated accumulated value; determine the current accumulated value of the persistent bonus game jackpot; in response to a game instance of the persistent bonus game jackpot at the EGM, dynamically select, based upon the determined current accumulated value of the persistent bonus game jackpot, a paytable from the plurality of paytables stored in the memory; evaluate a bingo card provided in association with the persistent bonus game jackpot against the dynamically selected paytable and a ball call; and determine, in response to the evaluating, to credit the amount of the persistent bonus game jackpot to a player credit balance associated with the evaluated bingo card.
1. A computer system for evaluating a persistent bonus game jackpot against a plurality of paytables, the computer system comprising a processor in communication with a memory and a plurality of gaming devices, wherein the processor is configured to execute instructions stored in the memory which when executed, cause the processor to at least: provide bingo game data configured to cause a bingo game to be displayed at the plurality of gaming devices;in response to a game instance of the bingo game at one of the plurality of gaming devices, determine an amount to award a player credit balance by comparing a base game bingo card associated with the one of the plurality of gaming devices to a base game ball call and a base game paytable; provide bonus game data configured to cause a persistent bonus game jackpot to be displayed at each of the plurality of gaming devices, the persistent bonus game jackpot including an amount that defines a state of the persistent bonus game jackpot of a plurality of predefined states stored in the memory;store, within the memory, a plurality of bonus game paytables, each bonus game paytable of the plurality of bonus game paytables associated with a state of the persistent bonus game jackpot and including a probability of awarding the persistent bonus game jackpot at the associated state, each of the plurality of predefined states having a different probability; determine a current state of the persistent bonus game jackpot; dynamically select, based upon the determined current state of the persistent bonus game jackpot, a corresponding bonus game paytable from the plurality of bonus game paytables stored in the memory; in response to the game instance at the one of the plurality of gaming devices, evaluate a bonus game bingo card associated with the one of the plurality of gaming devices provided in association with the persistent bonus game jackpot against the dynamically selected corresponding bonus game paytable and a bonus game ball call; and 31determine, in response to the evaluating, to award the amount of the persistent bonus game jackpot to the player credit balance associated with the evaluated bonus game bingo card.
1. A computer system comprising at least one processor in communication with at least one memory with instructions stored thereon which, when executed by the at least one processor, cause the at least one processor to: provide bonus game data configured to cause a persistent bonus game jackpot to be displayed at each of a plurality of gaming devices, the persistent bonus game jackpot including an amount that defines a state of the persistent bonus game jackpot of a plurality of predefined states stored in the at least one memory; determine a current state of the persistent bonus game jackpot; dynamically select, based upon the determined current state of the persistent bonus game jackpot, a corresponding bonus game paytable from a plurality of bonus game paytables stored in the at least one memory, wherein each bonus game paytable of the plurality of bonus game paytables is associated with a respective state of the persistent bonus game jackpot and includes a probability of awarding the persistent bonus game jackpot at the respective state, and wherein each of the plurality of predefined states is associated with a different probability; in response to a game instance of a base game at one of the plurality of gaming devices, evaluate a randomly generated matrix associated with the one of the plurality of gaming devices provided in association with the persistent bonus game jackpot against the dynamically selected corresponding bonus game paytable; and determine, in response to the evaluating, to award the amount of the persistent bonus game jackpot to a player credit balance associated with the one of the plurality of gaming devices.
12. A method of electronic gaming implemented by at least one processor in communication with a plurality of gaming devices and with at least one memory storing a plurality of bonus game paytables, each of the plurality of bonus game paytables associated with (i) a respective state of a plurality of predefined states of a persistent bonus game jackpot, and (ii) a probability of awarding the persistent bonus game jackpot, the method comprising: determining a current state of the plurality of predefined states of the persistent bonus game jackpot based on a current amount of the persistent bonus game jackpot; selecting, based upon the determined current state of the persistent bonus game jackpot, a corresponding bonus game paytable from the plurality of bonus game paytables stored in the at least one memory; in response to detecting execution of a game instance of a base game at one of the plurality of gaming devices, the base game separate from the persistent bonus game jackpot, evaluating a randomly generated matrix associated with the one of the plurality of gaming devices provided in association with the persistent bonus game jackpot against the selected corresponding bonus game paytable; and transmitting game outcome data to the one of the plurality of gaming devices, the game outcome data causing the one of the plurality of gaming devices to display a game outcome determined at least in part based on the evaluating of the randomly generated matrix.
11. A method for evaluating a persistent bonus game jackpot against a plurality of paytables, the method comprising: providing a bingo game at an electronic gaming machine (EGM), providing a persistent bonus game jackpot in addition to the bingo game, the persistent bonus game jackpot including an amount that defines a current accumulated value of the persistent bonus game jackpot; storing, within a memory, a plurality of paytables, each paytable of the plurality of paytables associated with an accumulated value of the persistent bonus game jackpot and including a probability of awarding the persistent bonus game jackpot at the associated accumulated value; determining the current accumulated value of the persistent bonus game jackpot; in response to a game instance of the persistent bonus game jackpot at the EGM, dynamically selecting, based upon the determined current accumulated value of the persistent bonus game jackpot, a paytable from the plurality of paytables stored in the memory; evaluating a bingo card provided in association with the persistent bonus game jackpot against the dynamically selected paytable and a ball call; and determining, in response to the evaluating, to credit the amount of the persistent bonus game jackpot to a player credit balance associated with the evaluated bingo card.
11. A computer-implemented method for evaluating a persistent bonus game jackpot against a plurality of paytables, the computer-implemented method performed by at least one processor, the method comprising: providing bingo game data to facilitate display of a bingo game at a plurality of gaming terminals; determining by the at least one processor an amount to award a player credit balance by comparing a bingo card associated with the one of the plurality of gaming terminals to a ball call and a paytable; providing bonus game data to facilitate display of a persistent bonus game jackpot at the plurality of gaming terminals, the persistent bonus game jackpot including an amount that defines a state of the persistent bonus game jackpot of a plurality of states stored in a memory; storing, within the memory, a plurality of paytables, each paytable of the plurality of paytables associated with a state of the persistent bonus game jackpot and including a probability of awarding the persistent bonus game jackpot at the associated state, each of the plurality of states having a different probability; determining a current state of the persistent bonus game jackpot; dynamically selecting, based upon the determined current state of the persistent bonus game jackpot, a corresponding paytable from the plurality of paytables stored in the memory; evaluating another bingo card associated with the one of the plurality of gaming terminals provided in association with the persistent bonus game jackpot against the dynamically selected corresponding paytable and another ball call; and 33determining, in response to the evaluating, to award the amount of the persistent bonus game jackpot to the player credit balance associated with the evaluated another bingo card.
11. A method of electronic gaming implemented by at least one processor in communication with at least one memory, the method comprising: providing bonus game data to facilitate display of a persistent bonus game jackpot at a plurality of gaming terminals, the persistent bonus game jackpot including an amount that defines a state of the persistent bonus game jackpot of a plurality of states stored in the at least one memory; determining a current state of the persistent bonus game jackpot; selecting, based upon the determined current state of the persistent bonus game jackpot, a corresponding paytable from a plurality of paytables stored in the at least one memory, wherein each paytable of the plurality of paytables is associated with a respective state of the persistent bonus game jackpot and includes a probability of awarding the persistent bonus game jackpot at the respective state, and wherein each of the plurality of states is associated with a different probability; evaluating a randomly generated matrix associated with one of the plurality of gaming terminals provided in association with the persistent bonus game jackpot against the selected corresponding paytable; and determining, in response to the evaluating, to award the amount of the persistent bonus game jackpot to a player credit balance associated with the evaluated randomly generated matrix.
19. At least one non-transitory computer-readable storage media having instructions embodied thereon, wherein when executed by a system including at least one processor in communication with at least one memory and with a plurality of gaming devices, the at least one memory storing a plurality of bonus game paytables, each of the plurality of bonus game paytables associated with (i) a respective state of a plurality of predefined states of a persistent bonus game jackpot, and (ii) a probability of awarding the persistent bonus game jackpot the instructions cause the at least one processor to at least: determine a current state of the plurality of predefined states of the persistent bonus game jackpot based on a current amount of the persistent bonus game jackpot; dynamically select, based upon the determined current state of the persistent bonus game jackpot, a corresponding bonus game paytable from the plurality of bonus game paytables stored in the at least one memory; in response to detecting execution of a game instance of a base game at one of the plurality of gaming devices, the base game separate from the persistent bonus game jackpot, evaluate a randomly generated matrix associated with the one of the plurality of gaming devices provided in association with the persistent bonus game jackpot against the dynamically selected corresponding bonus game paytable; and transmit game outcome data to the one of the plurality of gaming devices, the game outcome data causing the one of the plurality of gaming devices to display a game outcome determined at least in part based on the evaluating of the randomly generated matrix.
16. At least one non-transitory computer-readable media for evaluating a persistent bonus game jackpot against a plurality of paytables having instructions embodied thereon, wherein when executed by a gaming system including a processor and a memory, the instructions cause the processor to at least:provide a bingo game at an electronic gaming machine (EGM), provide a persistent bonus game jackpot in addition to the bingo game, the persistent bonus game jackpot including an amount that defines a current accumulated value of the persistent bonus game jackpot; store, within the memory, a plurality of paytables, each paytable of the plurality of paytables associated with accumulated value of the persistent bonus game jackpot and including a probability of awarding the persistent bonus game jackpot at the associated accumulated value; determine the current accumulated value of the persistent bonus game jackpot; in response to a game instance of the persistent bonus game jackpot at the EGM, dynamically select, based upon the determined current accumulated value of the persistent bonus game jackpot, a paytable from the plurality of paytables stored in the memory; evaluate a bingo card provided in association with the persistent bonus game jackpot against the dynamically selected paytable and a ball call; and determine, in response to the evaluating, to credit the amount of the persistent bonus game jackpot to a player credit balance associated with the evaluated bingo card.
16. A computer-implemented method for evaluating a persistent bonus game jackpot against a plurality of paytables, the computer-implemented method performed by at least one processor, the method comprising: providing bingo game data to facilitate display of a bingo game at a plurality of gaming terminals; determining by the at least one processor an amount to award a player credit balance by comparing a bingo card associated with the one of the plurality of gaming terminals to a ball call and a paytable; providing bonus game data to facilitate display of a persistent bonus game jackpot at the plurality of gaming terminals, the persistent bonus game jackpot including an amount that defines a state of the persistent bonus game jackpot of a plurality of states stored in a memory; storing, within the memory, a plurality of paytables, each paytable of the plurality of paytables associated with a state of the persistent bonus game jackpot and including a probability of awarding the persistent bonus game jackpot at the associated state, each of the plurality of states having a different probability; determining a current state of the persistent bonus game jackpot; dynamically selecting, based upon the determined current state of the persistent bonus game jackpot, a corresponding paytable from the plurality of paytables stored in the memory; evaluating another bingo card associated with the one of the plurality of gaming terminals provided in association with the persistent bonus game jackpot against the dynamically selected corresponding paytable and another ball call; and 33determining, in response to the evaluating, to award the amount of the persistent bonus game jackpot to the player credit balance associated with the evaluated another bingo card.
16. At least one non-transitory computer-readable media having instructions embodied thereon, wherein when executed by a system including at least one processor in communication with at least one memory and a plurality of gaming devices, the instructions cause the at least one processor to at least: provide bonus game data configured to facilitate display of a persistent bonus game jackpot, the persistent bonus game jackpot including an amount that defines a state of the persistent bonus game jackpot of a plurality of states stored in the at least one memory; determine a current state of the persistent bonus game jackpot; dynamically select, based upon the determined current state of the persistent bonus game jackpot, a corresponding jackpot paytable from a plurality of jackpot paytables stored in the at least one memory wherein each jackpot paytable of the plurality of jackpot paytables is associated with a respective state of the persistent bonus game jackpot and includes a probability of awarding the persistent bonus game jackpot at the respective state, and wherein each of the plurality of states is associated with a different probability; evaluate a bingo card associated with the one of the plurality of gaming devices provided in association with the persistent bonus game jackpot against the dynamically selected corresponding jackpot paytable and a ball call; and determine, in response to the evaluating, to award the amount of the persistent bonus game jackpot to a player credit balance associated with the evaluated bingo card.
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.
In the instant application, claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
Claim(s) 1-20 is/are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2A:
However, claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
For instance, regarding independent claim(s) 1, 12, 19,
Prong 1 analysis:
The limitations of “storing a plurality of bonus game paytables, each of the plurality of bonus game paytables associated with (i) a respective state of a plurality of predefined states of a persistent bonus game jackpot, and (ii) a probability of awarding the persistent bonus game jackpot; determine a current state of the plurality of predefined states of the persistent bonus game jackpot based on a current amount of the persistent bonus game jackpot; dynamically select, based upon the determined current state of the persistent bonus game jackpot, a corresponding bonus game paytable from the plurality of bonus game paytables; in response to detecting execution of a game instance of a base game, the base game separate from the persistent bonus game jackpot, evaluate a randomly generated matrix in association with the persistent bonus game jackpot against the dynamically selected corresponding bonus game paytable; and transmit game outcome data to display a game outcome determined at least in part based on the evaluating of the randomly generated matrix”, are considered to fall within the certain methods of organizing human activity grouping (managing personal behavior, rules). The mere nominal recitation of generic computer elements does not take the claim out of the methods of organizing human activity grouping. Thus, the claim(s) recites an abstract idea.
Furthermore, dependent claims 2-11, 13-18, 20 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they are merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Prong 2 analysis:
The above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the additional elements “at least one processor in communication with a plurality of gaming devices and at least one memory with instructions stored thereon, transmit game outcome data to the one of the plurality of gaming devices, the game outcome data causing the one of the plurality of gaming devices to display a game outcome determined at least in part based on the evaluating of the randomly generated matrix”, are generically recited computer elements that do not improve the functioning of a computer, or any other technology or technical field. Nor do these additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above is not integrated into a practical application under the 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the claimed method and system merely implements the above-identified abstract idea using rules (e.g., computer instructions) executed by a computer. The claimed elements are recited at a high level of generality (i.e. as a general means of gathering and transmitting data for use in the identifying and developing steps), and amounts to mere data gathering and data transmission, which is a form of insignificant extra-solution activity. Each of the additional limitations are no more than mere instructions to apply the exception using generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. As such, the claim is directed to the abstract idea.
Step 2B:
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using generic computer components cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Furthermore, in view of Berkheimer, the recited additional elements are considered as conventional activity. For instance, Hallerbach et al. (2018/0082533) teaches the recited additional elements (Fig 3-4, ¶¶0051-0053, 0153-0164).
In addition, with regards to the present claims, the courts have recognized the computer functions as well‐understood, routine, and conventional activities when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
For instance, regarding claims 1-20, each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of selecting information, based on types of information, for collection, analysis and display in EPG, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and rules in In re Smith.
Therefore, claim(s) 1-20 is/are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Response to Arguments
Applicant's arguments filed 7/6/26 have been fully considered but they are not persuasive.
Re 35 U.S.C. §101 Rejection,
Applicant argues that the amended claims do not recite any methods of organizing human activity because they relate to a specific memory structure. This argument is not persuasive. As discussed above, the limitations “storing a plurality of bonus game paytables, each of the plurality of bonus game paytables associated with (i) a respective state of a plurality of predefined states of a persistent bonus game jackpot, and (ii) a probability of awarding the persistent bonus game jackpot” describe a rule set governing how a wagering game system manages a persistent bonus jackpot. The Federal Circuit has treated rules for games as abstract. See, e.g., In re Smith, 815 F.3d 816 (Fed. Cir. 2016) (card game rules abstract); Planet Bingo, LLC v. VKGS LLC, 576 F. App’x 1005 (Fed. Cir. 2014); In re Marco Guldenaar Holding B.V., 911 F.3d 1157 (Fed. Cir. 2018).
Applicant further argues that the amended claims are drawn to a practical application and are directed to significantly more than the abstract idea because the progressive jackpots are evaluated in conjunction with a game that does not utilize random number determination. This argument is not persuasive. Per 2019 PEG, the additional elements are analyzed to determine if they integrate the abstract idea into a practical application with technological improvement. Here, the specification describes a generic memory component (¶¶0044-0045). There is no recited improvement to the functioning of the memory itself. The claims do not specify a particular technical data structure or algorithm that improves memory performance. In other words, the manipulation of paytables yields different game payouts, not a computer-function improvement. Furthermore, there is no particular machine beyond a generic computer; merely executing game rules on a routine processor is insufficient to integrate an exception into a practical application. Therefore, for the reasons as set forth above, the rejection has been maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JASON T YEN/Primary Examiner, Art Unit 3715
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