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 .
35 USC § 101
While the application discloses what appears to be a wager machine, the claims do not recite wagering limitations. Therefore, the claims are not claiming the abstract idea of a fundamental economic practice.
The games recited in the claims are interactive between the user and the machine. Therefore, the claims are not claiming the abstract idea of mental steps.
Per the current guidelines, Step 2A, Prong One is NO. Per Pathway B, the claims qualify as eligible subject matter under 35 USC 101.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7, 14 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 8 and 15 recite, “determine that an outcome of the hold-and-spin game triggers a bonus wheel game, …”
Claims 7, 14 and 20 are dependent upon claims 1, 8 and 15 and recite, “in response to determining that the outcome of the hold-and-spin game does not trigger[s] the bonus wheel game, …”
The recited one outcome cannot have two different determinations. It is unclear if the outcome of the hold-and-spin game triggers a bonus wheel game.
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.
Claims 1, 7, 8, 14, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Colvin et al. (US Patent 12,646,378) in view of Berman et al. (US PG pub 2005/0119043) and Dunn et al. (US PG pub 2005/0059459)
Colvin et al. shows all of the limitations of the claims except for specifying a plurality of rotatable bonus wheels, a plurality of selectable pick game symbols, and specifying an order in which the different games are triggered.
Colvin et al. shows,
An electronic gaming system comprising:
at least one memory for storing instructions; and a game controller in communication with the at least one memory, the game controller including at least one processor, (figures 6 and 7)
when the instructions are executed by the at least one processor, the at least one processor configured to:
cause to be displayed on a display device a hold-and-spin game triggered by an outcome of a base reel game, the hold-and-spin game and the base reel game including a plurality of expandable reels; (figure 24B. The primary game is the base reel game. Special symbols 2417 may produce individual awards that may accumulate to a total win or may stay in position for more than one game or spin in a hold and spin fashion. Rows 2420-5, 2420-6, 2420-7, and 2420-8 are expandable reels)
determine that an outcome of the hold-and-spin game triggers a bonus wheel game, the bonus wheel game including a plurality of rotatable bonus wheels; (figure 22A) and
in response to the bonus wheel game concluding, cause to be displayed on the display device a pick bonus game, the pick bonus game including a plurality of selectable pick game symbols, wherein each of the plurality of selectable pick game symbols are associated with a base reel game matrix for the plurality of expandable reels.
Berman et al. teaches, figure 14, a bonus wheel with concentric wheel arrangement or a plurality of rotatable bonus wheels.
Based on the teaching of Berman et al., it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the Colvin et al. bonus wheel by incorporating a bonus wheel with concentric wheel arrangement or a plurality of rotatable bonus wheels of Berman et al. in order to provide more excitement during the spin.
Dunn et al. teaches, figures 5 & 6, a plurality of selectable pick game symbols.
Based on the teaching of Dunn et al., it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the Colvin et al. games to provide, pop up, a plurality of selectable pick game symbols of Dunn et al. in order to provide more excitement.
Colvin et al. teaches, column 25, lines 20-27, “In line with the embodiment that multiple prizes may be awarded for primary game outcomes as well as secondary outcomes on the same play, a primary game outcome may result in a win of credits, dollars, free plays and/or bonus games in conjunction with one or more dice generating lightning strikes on the secondary game display. Any combination of primary game awards and secondary game awards is possible on the same game play.”
Based on the teaching of Colvin et al., it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the Colvin et al. to specifying an order in any combination in which the different games are triggered in order to provide more excitement.
Allowable Subject Matter
Claims 2-6, 9-13, and 16-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
These claims require that selectable pick game cause the base reel game matrix for the plurality of expandable reels. Unlike the generic teaching above that any game can trigger a different game, the transition from the selectable pick game to the expandable reel game is not a generic trigger to another game and it is not shown or taught by the cited prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A CUFF whose telephone number is (571)272-6778. The examiner can normally be reached Monday - Friday 9-5.
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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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/MICHAEL A CUFF/Primary Examiner, Art Unit 3715
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