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 . This Office Action is in response to Applicant’s reply filed 6/22/26, electing claims 1-5 for examination. Claims 1-5 are pending.
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 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 1 recites a gaming system comprising: a processor; and a memory device that stores a plurality of instructions that, when executed by the processor in association with a play of a game. The limitation of cause a display, by a display device, of reels comprising symbols, wherein the reels are configured to display the symbols at symbol display positions, the symbols comprising a plurality of different symbols that comprise a plurality of wild symbols, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting processor, memory and display, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the processor, memory and display language, cause in the context of this claim encompasses the user mentally thinking about a game. Similarly, the limitations of: determine and cause are processes that, under their broadest reasonable interpretation, covers performance of the limitation in the mind. The same interpretation is applied to the remaining steps in claim 1. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim only recites a few additional elements – processor, memory and display. The processor, memory and display are recited at a high-level of generality (i.e., as a generic processor implementing a step) such that they amount to no more than mere instructions to apply the exception using a generic computer component. Accordingly, 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. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using processor, memory and display amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. Similar reasoning is applied to claims 2-5.
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) 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Publication No. 2008/0090644 A1 to Marks et al. (hereinafter “Marks”).
Concerning claim 1, Marks discloses a gaming system comprising: a processor; and a memory device that stores a plurality of instructions that, when executed by the processor in association with a play of a game (paragraph [0003]), cause the processor to:
cause a display, by a display device, of reels comprising symbols, wherein the reels are configured to display the symbols at symbol display positions, the symbols comprising a plurality of different symbols that comprise a plurality of wild symbols (Fig. 1, paragraphs [0030]-[0034] – different symbols are displayed in a plurality of positions including a wild symbol);
for a first activation of the reels: for each of the symbol display positions, determine if that symbol display position is associated with a multiplier without causing a display of any indication of that multiplier; cause a display, by the display device, of a plurality of the symbols on the reels at the symbol display positions and that comprise a plurality of the wild symbols; for each wild symbol displayed at one of the symbol display positions, if any multiplier is associated with that symbol display position, cause a display, by the display device, of an indication of the multiplier associated with that symbol display position; and for each wild symbol displayed at one of the symbol display positions and that is part of any winning symbol combination, cause a display, by the display device, of an amount based on that winning symbol combination and the multiplier associated with that wild symbol (Figs. 1 and 2, paragraphs [0034]-[0037]- plurality of symbols are displayed including any multipliers affiliated with wild symbols which may be assigned randomly); and
for a second activation of the reels: for each of the symbol display positions, determine if that symbol display position is associated with a multiplier without causing a display of any indication of that multiplier; cause a display, by the display device, of a plurality of the symbols on the reels at the symbol display positions and that comprises a plurality of the wild symbols; for each wild symbol displayed at one of the symbol display positions, if any multiplier is associated with that symbol display position, cause a display, by the display device, of an indication of the multiplier associated with that symbol display position; for each wild symbol displayed at one of the symbol display positions that is part of any winning symbol combination, cause a display, by the display device, of an amount based on that winning symbol combination and the multiplier associated with that wild symbol; and for each wild symbol displayed at one of the symbol display positions that is associated with any multiplier and an additional award amount, cause a display, by the display device, of a quantity of collected accumulators, wherein the quantity is based on the multiplier associated with that wild symbol (Figs. 1-7, paragraphs [0038]-[0047]- a second activation of the reels displays additional wild symbols with additional multiplier amounts and provides awards for any winning combinations).
Concerning claim 2, Marks discloses wherein the additional award amount is a progressive award amount (paragraphs [0038]-[0047]- award amounts may be progressive).
Concerning claim 3, Marks discloses wherein the plurality of instructions, when executed by the processor, cause the processor to, for the first activation of the reels, for each of two of the symbol display positions, associate one of a plurality of different multipliers with that symbol display position (paragraphs [0038]-[0047]- different multipliers may be associated with the symbol position).
Concerning claim 4, Marks discloses wherein the plurality of instructions, when executed by the processor, cause the processor to, for the second activation of the reels, for each of two of the symbol display positions, associate one of the plurality of different multipliers with that symbol display position (paragraphs [0038]-[0047]- different multipliers may be associated with the symbol position).
Concerning claim 5, Marks discloses wherein the plurality of instructions, when executed by the processor, cause the processor to, for the second activation of the reels and for one of the symbol display positions not associated with any multiplier: cause a display, by the display device, of one of the wild symbols on the reel associated with that symbol display position; if that wild symbol is part of any winning symbol combination, cause a display, by the display device, of an amount based on that winning symbol combination and the multiplier associated with that wild symbol; and for that wild symbol cause a display, by the display device, of an association of that wild symbol with the additional award amount, and cause a display, by the display device, of a single collected accumulator for that additional award amount (Figs. 1-7, paragraphs [0038]-[0047]- a second activation of the reels displays additional wild symbols with additional multiplier amounts and provides awards for any winning combinations).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALINA D BLAISE whose telephone number is (571)270-3398. The examiner can normally be reached Mon. - Thurs. 7:00 am - 5:00 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MALINA D. BLAISE
Primary Examiner
Art Unit 3715
/MALINA D. BLAISE/ Primary Examiner, Art Unit 3715
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