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 .
Double Patenting
The non-statutory 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 non-statutory 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); 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 non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 4, and 7-9 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 3, 8, and 9 of U.S. Patent No. 12,062,263. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations claimed within the current claims are already covered by the patented claims. Examiner has produced a comparison below between the patented claims and the current pending claims.
U.S. Patent No. 12,062,263
Current Claims
1. A method comprising:
presenting, by a presentation assembly, an array associated with a plurality of symbol-bearing reels, wherein the plurality of symbol-bearing reels bear game symbols for a game;
animating, by the presentation assembly prior to a first game cycle of a plurality of game cycles for the game, a set of persistent ratcheting enhancement objects paired, via a persistent-enhancer table presented via a display of a gaming machine, with a subset of the game symbols, wherein each one of the set of persistent ratcheting enhancement objects is paired respectively with a separate game symbol of the subset of the game symbols, and wherein a respective value for each one of the set of persistent ratcheting enhancement objects is configured to persist, via the display, across the plurality of game cycles;
using a random number generator, spinning and stopping the plurality of symbol-bearing reels for the first game cycle, to populate the array with a portion of the game symbols;
accessing at least one pay table stored in a memory device and animating based on the at least one pay table an indication of occurrence of one or more win events that use a given game symbol from the subset of the game symbols;
animating for each of the indicated one or more win events, by game-logic circuitry via the display in response to the animating the indication of occurrence of the one or more win events, an enhancement of one or more award values of the one or more win events using one of the set of persistent ratcheting enhancement objects that is paired respectively with the given game symbol;
in response to animating the enhancement, animating a reset, by the game-logic circuitry via the display, of the one of the set of persistent ratcheting enhancement objects to a default value; and
animating, by the game-logic circuitry via the display, an increment of each respective value depicted via each of one or more other ones of the set of persistent ratcheting enhancement objects that were not used for animating an enhancement of an award in the first game cycle, wherein the incremented respective value of each of the one or more other ones of the set of persistent ratcheting enhancement objects persists, via the display, to a second game cycle subsequent to the first game cycle.
8. The method of claim 1, further comprising detecting, prior to incrementing the value of each of the one or more other ones of the persistent ratcheting enhancement objects, that the value of each of the one or more other ones of the persistent ratcheting enhancement objects has not reached a limit.
3. The method of claim 1, wherein the set of persistent ratcheting enhancement objects comprises a set of multipliers, wherein each multiplier in the set of multipliers has an independent value from any other multiplier in the set of multipliers.
9. A wagering game system comprising: a presentation assembly configured to perform operations to:
present an array associated with a plurality of symbol-bearing reels, wherein the plurality of symbol-bearing reels bear game symbols for a game; and
animate, prior to a first game cycle of a plurality of game cycles for the game, a set of persistent ratcheting enhancement objects paired, via a persistent-enhancer table presented via a display of a gaming machine, with a subset of the game symbols, wherein each one of the set of persistent ratcheting enhancement objects is paired respectively with a separate game symbol of the subset of the game symbols, and wherein a respective value for each one of the set of persistent ratcheting enhancement objects is configured to persist, via the display, across the plurality of game cycles; and
game-logic circuitry configured to execute instructions, which when executed cause the wagering game system to perform operations to:
use a random number generator to spin and stop the plurality of symbol-bearing reels for the first game cycle, to populate the array with a portion of the game symbols;
access at least one pay table stored in a memory device and animate based on the at least one pay table an indication of occurrence of one or more win events that use a given game symbol from the subset of the game symbols;
animate for each of the indicated one or more win events, via the display in response to animation of the indication of occurrence of the one or more win events, an enhancement of one or more award values of the one or more win events using one of the set of persistent ratcheting enhancement objects that is paired respectively with the given game symbol;
in response to animation of the enhancement, animate a reset, via the display, of the one of the set of persistent ratcheting enhancement objects to a default value; and
animate, via the display, an increment of a value depicted via each of one or more other ones of the set of persistent ratcheting enhancement objects that were not used for animation of the enhancement of the one or more award values associated with the first game cycle, wherein the incremented respective value of each of the one or more other ones of the set of persistent ratcheting enhancement objects is configured to persist, via the display, to a second game cycle subsequent to the first game cycle.
1. A method comprising:
animating, by a presentation assembly of a gaming machine prior to a first game cycle of a plurality of game cycles for a game, a set of ratcheting objects, wherein each one of the set of ratcheting objects is paired, via a persistent-enhancer table, with a separate game symbol of a set of game symbols used for the game, and wherein a respective enhancer value for each one of the set of ratcheting objects is configured to persist, via the presentation assembly, across the plurality of game cycles;
animating, via the presentation assembly for the first game cycle in response to
access to at least one pay table stored in a memory device of the gaming machine, an
occurrence of a win event using a given game symbol randomly selected by a random
number generator from the set of the game symbols, wherein the given game symbol is
paired respectively with one of the set of ratcheting objects;
animating for the win event, via the presentation assembly in response to the
animating the occurrence of the win event, an enhancement of a game feature associated
with the win event using an enhancer value for the one of the set of ratcheting objects that
is paired respectively with the given game symbol;
in response to animating the enhancement, animating, via the presentation
assembly, a reset of the enhancer value for the one of the set of ratcheting objects to a
default value; and
animating, via the presentation assembly, an increment of each respective enhancer value depicted via each of one or more other ones of the set of ratcheting objects that were not used for animating the enhancement of the game feature during the first game cycle, wherein the incremented respective enhancer value of each of the one or more other ones of the set of ratcheting objects persists, via the presentation assembly, to a second game cycle subsequent to the first game cycle.
2. The method of claim 1,
wherein the enhancement to the game feature comprises an enhancement of an award value for the win event.
4. The method of claim 1, wherein the enhancement to the game feature comprises one or more of an enhancement of a feature value of the at least one game symbol, an
enhancement to a number of instances of a certain one of the set of game symbols, an
enhancement to a frequency of occurrence of one of the set of game symbols, or an
enhancement to a degree of morphing of one of the set of game symbols.
7. The method of claim 1 further comprising detecting, prior to animating the increment of
each respective enhancer value of each of the one or more other ones of the ratcheting
objects, that the respective enhancer value of each of the one or more other ones of the
ratcheting objects has not reached a limit.
8. The method of claim 1, wherein the set of persistent ratcheting enhancement objects
comprises a set of multipliers, wherein each multiplier in the set of multipliers has an
independent value from any other multiplier in the set of multipliers.
9. A gaming system comprising:
a presentation assembly; and
game-logic circuitry configured to execute instructions, which when executed cause the
gaming system to perform operations to:
animate, via the presentation assembly prior to a first game cycle of a plurality of game cycles for a game, a set of ratcheting objects, wherein each one of the set of ratcheting objects is paired, via a persistent-enhancer table, with a separate game symbol of a set of game symbols used for the game, and wherein a respective enhancer value for each one of the set of ratcheting objects is configured to persist, via the presentation assembly, across the plurality of game cycles;
animate, via the presentation assembly for the first game cycle in response to access to at least one pay table stored in a memory device of the gaming system, an occurrence of a win event using a given game symbol randomly selected by a random number generator from the set of the game symbols, wherein the given game symbol is paired respectively with one of the set of ratcheting objects;
animate for the win event, via the presentation assembly in response to the animating the occurrence of the win event, an enhancement of a game feature associated with the win event using an enhancer value for the one of the set of ratcheting objects that is paired respectively with the given game symbol;
in response to animation of the enhancement, animate, via the presentation assembly, a reset of the enhancer value for the one of the set of ratcheting objects to a default value; and
animate, via the presentation assembly, an increment of each respective enhancer value depicted via each of one or more other ones of the set of ratcheting objects that were not used for animating the enhancement of the game feature during the first game cycle, wherein the incremented respective enhancer value of each of the one or more other ones of the set of ratcheting objects persists, via the display, to a second game cycle subsequent to the first game cycle.
10. The gaming system of claim 9, wherein the enhancement to the game feature comprises an enhancement of an award value for the win event.
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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims are directed to at least one of abstract idea groupings, according to the 2019 Revised Patent Subject Matter Guidelines (Mathematical Concepts, Mental Processes and/or Certain Methods of Organizing Human Activity). Further, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
More specifically, regarding Step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a system and/or process, which is are statutory categories of invention.
Step 2A-1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
Independent claim 1 recites the following, with the abstract ideas highlighted in bold, including an indication as to the abstract idea grouping(s) to which the indicated limitations belong to, according to the 2019 Revised Patent Subject Matter Guidelines. Independent claims 9 and 12, having substantially similar features, were also analyzed and to which the following conclusion is also applicable:
1. A method comprising:
animating, by a presentation assembly of a gaming machine prior to a first game cycle of a plurality of game cycles for a game, a set of ratcheting objects, wherein each one of the set of ratcheting objects is paired, via a persistent-enhancer table, with a separate game symbol of a set of game symbols used for the game, and wherein a respective enhancer value for each one of the set of ratcheting objects is configured to persist, via the presentation assembly, across the plurality of game cycles (Certain Methods of Organizing Human Activity);
animating, via the presentation assembly for the first game cycle in response to access to at least one pay table stored in a memory device of the gaming machine, an occurrence of a win event using a given game symbol randomly selected by a random number generator from the set of the game symbols, wherein the given game symbol is paired respectively with one of the set of ratcheting objects (Certain Methods of Organizing Human Activity);
animating for the win event, via the presentation assembly in response to the animating the occurrence of the win event, an enhancement of a game feature associated with the win event using an enhancer value for the one of the set of ratcheting objects that is paired respectively with the given game symbol (Certain Methods of Organizing Human Activity);
in response to animating the enhancement, animating, via the presentation assembly, a reset of the enhancer value for the one of the set of ratcheting objects to a default value (Certain Methods of Organizing Human Activity); and
animating, via the presentation assembly, an increment of each respective enhancer value depicted via each of one or more other ones of the set of ratcheting objects that were not used for animating the enhancement of the game feature during the first game cycle, wherein the incremented respective enhancer value of each of the one or more other ones of the set of ratcheting objects persists, via the presentation assembly, to a second game cycle subsequent to the first game cycle (Certain Methods of Organizing Human Activity).
The limitations in claim 1 (as well as claim(s) 9 and 12) recite an abstract idea included in the groupings of Certain Methods of Organizing Human Activity and/or Mental Processes, connected to technology only through application thereof using generic computing elements (e.g., a presentation assembly, game logic circuitry, machine-readable mediums, processors, etc.) and/or insignificant extra-solution activity. According to the 2019 Revised Patent Subject Matter Guidelines:
Certain Methods of Organizing Human Activity include:
1. Fundamental Economic Principles or Practices (including hedging (i.e., wagering), insurance, mitigating risk);
2. Commercial or Legal Interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations);
3. Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions). The interaction encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping.
Specifically, the instant claims include functions/limitations, as highlighted in the independent claim above, that constitute at least:
A. Following rules and/or instructions, such as including the functions related to the playing of a game, which is an abstract idea included in the grouping of Managing Personal Behavior or Relationships or Interactions Between People. These sets of rules are interpreted as at least certain methods of organized human activity insomuch as the claim limitations are directed to performing or following the set of rules or instructions concerning a game while only generically connected to interaction with a computer utilizing non-special purpose generic computing elements and/or insignificant extra-solution activity, as set forth in the claims.
Regarding dependent claims 2-8, 10-11, and 13-14:
Each claim is dependent either directly or indirectly from the independent claim identified above and includes all the limitations of said independent claim. Therefore, each dependent claim recites the same abstract idea as identified above. Each of the dependent claim further describes additional aspects of the abstract idea, i.e., additional aspects to the Certain Methods of Organizing Human Activity. For example, some dependent claims merely provide additional game rules and/or logic to be performed and/or additional insignificant extra-solution activity, without anything more significant to establish eligibility under 35 U.S.C. 101.
Step 2A-2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration if the claim limitations are directed to a practical application.
Limitations that are indicative of integration into a practical application:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition – see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
-Applying or using 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 - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
-Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Claims 1-14 clearly do not improve the functioning of a computer, as they only incorporate generic computing elements, do not effect a particular treatment, and do not transform or reduce a particular article to a different state or thing. Similarly, there is no improvement to a technical field. In addition the claims do not apply the judicial exception with, or by use of a particular machine. The claims do not apply or use the judicial exception in a meaningful way. The claimed invention does not suggest improvements to the functioning of a computer or to any other technology or technical field (see MPEP 2106.05 (a)).
This judicial exception is not integrated into a practical application because the claimed invention merely applies the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea (MPEP 2106.05 (f)) and/or generally links the use of the judicial exception to a particular technology or field of use (MPEP 2106.05 (h)). The claimed computer components are recited at a level of generality and are merely invoked as tool to perform the abstract idea. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea.
For the reasons as discussed above, the claim limitations are not integrated to a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claim amounts to significantly more than the exception.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because no element or combination of elements is sufficient to ensure any claim of the present application as a whole amounts to significantly more than one or more judicial exceptions, as described above. For example, the recitations of utilization of “a presentation assembly, game logic circuitry, machine-readable mediums, processors”, etc. used to apply the abstract idea merely implements the abstract idea at a low level of generality and fail to impose meaningful limitations to impart patent-eligibility. These elements and the mere processing of data using these elements do not set forth significantly more than the abstract idea itself applied on general purpose computing devices. The recited generic elements are a mere means to implement the abstract idea. Thus, they cannot provide the “inventive concept” necessary for patent-eligibility. “[I]f a patent’s recitation of a computer amounts to a mere instruction to ‘implement]’ an abstract idea ‘on ... a computer,’... that addition cannot impart patent eligibility.” Alice, 134 S. Ct. at 2358 (quoting Mayo, 132 S. Ct. at 1301). As such, the significantly more required to overcome the 35 U.S.C. 101 hurdle and transform the claimed subject matter into a patent-eligible abstract idea is lacking. Accordingly, the claims are not patent-eligible.
Further, the claims would require structure that is beyond generic, such as structure that can be interpreted analogous to a general purpose structure and general purpose computing elements in that they represent well-understood, routine, conventional elements that do not add significantly more to the claims. See Alice Corp. v. CLS Bank International, 134 S. Ct. at 2358-59. The elements of a presentation assembly, game logic circuitry, machine-readable mediums, processors are well known conventional devices used to electronically implement a game as evidence by U.S. 2004/0043813, which discloses that a conventional gaming machine comprises elements such as a presentation assembly, game logic circuitry, machine-readable mediums, and processors to control the overall operation of the gaming machine (¶20, ¶41, ¶62-63). See Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018).
The dependent claims do not add “significantly more” for at least the same reasons as directed to their respective independent claims, at least based on the position, as discussed above, that each of the dependent claims merely provide additional limitations to further expand the abstract idea of the independent claims, without adding anything which would establish eligibility under 35 U.S.C. 101.
Consequently, consideration of each and every element of each and every claim, both individually and as an ordered combination, leads to the conclusion that the claims are not patent-eligible under 35 USC §101.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Applicant is directed to the attached "Notice of References Cited" for additional relevant prior art. The Examiner respectfully requests the Applicant to fully review each reference as potentially teaching all or part of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON PINHEIRO whose telephone number is (571)270-1350. The examiner can normally be reached M-F 8:00A-4:30P ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached on (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Jason Pinheiro/Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715
Prosecution Insights