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 § 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.
Claims 1, 3-8, 10-15, and 17-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baerlocher (US 2003/0060266).
Regarding claims 1, 8, and 15: Baerlocher discloses a gaming machine comprising: a presentation assembly configured to present a gaming session comprising a base game and a multi-state bonus game including a first bonus game feature and a second bonus game feature (see paragraphs [0031], [0064], showing the triggering of one of a plurality of bonus games based on the player's wager in a base game. When the base game of the present invention is slot, gaming device 10 has the controls, displays and features of a conventional slot machine, wherein the player operates the gaming device while standing or sitting); and game-logic circuitry in communication with the presentation assembly, the game-logic circuitry configured to: conduct the base game by: causing the presentation assembly to present a base game interface including a plurality of symbol-bearing base reels, a base array, and a plurality of persistent elements including a first persistent element associated with the first bonus game feature and a second persistent element associated with the second bonus game feature (see figures 3, 4; claim 1, showing a processor that controls the primary game and enables a plurality of different wagers to be made on the primary game; and a plurality of bonus games controlled by the processor including a first bonus game having a first average payout triggered upon the occurrence of a bonus game trigger when a first wager has been made by the player in the primary game and a second bonus game having a second average payout triggered upon the occurrence of the bonus game trigger when a second wager has been made by the player in the primary game); causing the presentation assembly to spin and stop the plurality of base reels to land symbols from the base reels in the base array (see figure 4, paragraph [0064], showing the gaming device 10 determines whether a bonus triggering symbol or symbol combination ("bonus trigger") for the first or main bonus game appears along a payline 56 or in a scatter arrangement, as described above and as indicated by diamond 206. If the base game play or spin of the reels 34 does not result in a bonus trigger for the first bonus game, gaming device 10 determines whether a bonus trigger for a second bonus game has been generated); and in response to the landed symbols including a feature-triggering symbol associated with the first persistent element and a feature-triggering symbol associated with the second persistent element: animating an addition of the feature-triggering symbol to the associated persistent element via the presentation assembly (see figure 4, paragraph [0064], showing the gaming device 10 determines whether a bonus triggering symbol or symbol combination ("bonus trigger") for the first or main bonus game appears along a payline 56 or in a scatter arrangement, as described above and as indicated by diamond 206. If the base game play or spin of the reels 34 does not result in a bonus trigger for the first bonus game, gaming device 10 determines whether a bonus trigger for a second bonus game has been generated); and randomly determining whether or not to trigger the first bonus game feature and the second bonus game feature (see claim 17, showing a plurality of reels; a plurality of symbols on the reels; a display device that displays a number of symbols of each reel to a player; a plurality of paylines associated with the reels; a first bonus game randomly initiated if the player wagers on at least a first number of paylines and causes the reels to spin; and a second bonus game randomly initiated if the player wagers on a second number of paylines less than the first number and causes the reels to spin); in response to triggering the first bonus game feature and the second bonus game feature, conduct the bonus game with the first bonus game feature for a first duration, the second bonus game feature being inactive during the first duration, wherein the bonus game within the first duration includes: causing the presentation assembly to present a bonus game interface including a plurality of symbol-bearing bonus reels and a bonus array, the bonus game interface including one or more modifiable game elements associated with the first bonus game feature; causing the presentation assembly to present one or more first bonus game outcomes by spinning and stopping the plurality of bonus reels to land symbols from the bonus reels in the bonus array (see figure 4, paragraph [0064], showing the gaming device 10 determines whether a bonus triggering symbol or symbol combination ("bonus trigger") for the first or main bonus game appears along a payline 56 or in a scatter arrangement, as described above and as indicated by diamond 206. If the base game play or spin of the reels 34 does not result in a bonus trigger for the first bonus game, gaming device 10 determines whether a bonus trigger for a second bonus game has been generated); and in response to detecting the one or more first bonus game outcomes including a modifier event of the first bonus game feature, updating, via the presentation assembly, at least one of the one or more modifiable game elements based on the modifier event, wherein the modifier event is inactive within the base game (see paragraph [0051], showing bonus games payout a multiplier that multiplies the player's total bet, i.e., the total credits wagered on each payline. In such a case "the average payout per credit wagered" as it is used in block 110 is a "true" average payout per credit wagered because as the player's wager increases, the payout increases); and in response to the first duration concluding, conduct, for a second duration, the bonus game with the second bonus game feature and the at least one updated modifiable game elements from the first bonus game feature by causing the presentation assembly to present, via the bonus game interface, one or more second bonus game outcomes based on the second bonus game feature and the at least one updated modifiable game elements (see paragraph [0051], showing bonus games payout a multiplier that multiplies the player's total bet, i.e., the total credits wagered on each payline. In such a case "the average payout per credit wagered" as it is used in block 110 is a "true" average payout per credit wagered because as the player's wager increases, the payout increases).
Regarding claims 3, 10, and 17: Baerlocher discloses wherein the one or more modifiable game elements includes a plurality of inactive symbol positions of the bonus array, and wherein the modifier event causes at least one symbol position of the plurality of inactive symbol positions to be activated to include symbols within any subsequent first and second bonus game outcomes (see paragraph [0046], [0048], showing the gaming device 10 may look for a certain symbol or symbol combination: (i) on an active or wagered payline, which is preferred; (ii) on any payline 56, active or otherwise).
Regarding claims 4, 11, and 18: Baerlocher discloses wherein the one or more modifiable game elements includes a persistent award, and wherein updating the persistent award includes updating a value of the persistent award, the persistent award being available for award within the second bonus game feature (see paragraphs [0004], [0005], showing providing more variety and opportunities holds the player's interest for a longer time and also enables the manufacturer to have a larger range of payouts for the winning combinations. The larger range increases the size of the largest possible payout of the gaming device. Large payouts tend to attract players).
Regarding claims 5, 12, and 19: Baerlocher discloses wherein the second bonus game feature includes value-bearing symbols linked to the persistent award and having award indicia indicating a corresponding award value, and wherein the award indicia of the value-bearing symbols held in the bonus array are updated by the presentation assembly based on the persistent award (see paragraph [0051], showing many bonus games payout a multiplier that multiplies the player's total bet, i.e., the total credits wagered on each payline. In such a case "the average payout per credit wagered" as it is used in block 110 is a "true" average payout per credit wagered because as the player's wager increases, the payout increases).
Regarding claims 6, 13, and 20: Baerlocher discloses wherein the one or more modifiable game elements including a plurality of persistent awards, the second bonus game feature including a selection sequence including selecting one award of the plurality of persistent awards to be awarded for the second bonus game feature, and wherein updating the plurality of persistent awards in response to the modifier event includes selectively inactivating a first persistent award of the plurality of persistent awards, the inactive first persistent award unavailable within the selection sequence (see paragraph [0046], [0048], showing the gaming device 10 may look for a certain symbol or symbol combination: (i) on an active or wagered payline, which is preferred; (ii) on any payline 56, active or otherwise).
Regarding claims 7, 14, and 21: Baerlocher discloses wherein the first bonus game feature and the second bonus game feature are independently triggered, and wherein untriggered bonus game features of the bonus game are inactive during the bonus game (see paragraph [0017], showing the same symbol or combination of symbols triggers each payline dependent bonus game. In another embodiment, each bonus game has its own triggering symbol or combination. In a further embodiment, any combination of bonus games may share two or more symbols or symbol combinations. Each triggering symbol or combination, however, preferably has the same probability or likelihood of being generated, so that no bonus game is more or less likely to occur than any other bonus game. That is, the player's wager determines which bonus game, if any, is played).
Claim Rejections - 35 USC § 103
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 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.
Claims 2, 9, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Baerlocher (US 2003/0060266) in view of Schneider et al (US 2003/0027638).
Regarding claims 2, 9, and 16: Baerlocher discloses the invention substantially as claimed.
In an analogous invention, Schneider et al teaches wherein the bonus game includes a first bonus game state for the first duration and a second bonus game state for the second duration, and wherein the first bonus game feature continues in combination with the second bonus game feature within the second bonus game state, the modifier event available within the first and second bonus game states (see paragraphs [0014], [0015], showing the total amount of a bonus, the ways in which the bonus is divided if the bonus is divided, the duration of the bonus period, when within the bonus period the payouts will be made).
It would have been obvious to a person of ordinary skill in the art before the invention was made to modify Baerlocher’s multiple bonus as taught by Schneider et al’s bonus duration for the purpose of providing the multi bonus system with varying duration associated with the bonus. This yields the expected result of improving the bonus game play and thereby increasing the user’s satisfaction in the system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Baerlocher discloses a gaming device having a weighted probability for selecting a bonus game; Boyd et al discloses a system controlled player-related bonuses in gaming machines.
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
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