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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description:
721, 741, 761, 781, and 801 in figures 8-9 and 11-18
722, 742, 762, 782, and 802 in figures 13-18
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 6, 13, and 20 are objected to because of the following informalities: in each of claims 6, 13, and 20, the phrase “if prize symbols that are eligible for a prize is displayed” should instead read “if prize symbols that are eligible for a prize are displayed.” Appropriate correction is required.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea(s) without significantly more.
Regarding Claim 1, analyzed as the representative claim:
[Step 1] Claim 1 recites “A gaming machine…” which falls within the “machine” statutory category of invention under 35 U.S.C. § 101.
[Step 2A – Prong 1] Claim 1 recites “A gaming machine comprising: a control panel that accepts player operations; a display unit including a display screen displaying computer-generated images thereon; and a control unit operably coupled to the control panel and the display unit, the control unit including one or more processors programmed to execute an algorithm to display an animated sequence of computer-generated images on the display screen including the steps of: displaying a first symbol display area on the display screen that partially displays a plurality of reels each having symbols, the plurality of reels including a special reel having a first special symbol and a second special symbol; spinning the plurality of reels in response to a player operating the control panel; stopping the special reel first among the plurality of reels spun in the first symbol display area; duplicating and displaying a first number of additional symbol display ranges for each of the plurality of reels when the first special symbol stops on the special reel; and duplicating and displaying a second number of additional symbol display ranges for each of the plurality of reels when the second special symbol stops on the special reel.” The underlined limitations, under their broadest reasonable interpretation, encompass methods of organizing human activity, including fundamental economic practices (rules for conducting a wagering game) and managing interactions between people (social activities, teaching, and following rules or instructions). Accordingly, the claim recites an abstract idea(s).
[Step 2A – Prong 2] The judicial exception is not integrated into a practical application. Specifically, the claim recites the additional element of an algorithm/program executing on a computing device for performing the described steps, wherein the computing device and executed computer program are recited at a high level of generality (e.g., a control panel, a display unit, a display screen, a control unit, and processors) and merely automate the displaying, spinning, stopping, and duplicating steps. Therefore, this additional element amounts to no more than mere instructions to apply the exception using a generic computing device, which does not impose any meaningful limits on practicing the abstract idea(s). Additionally and/or alternatively, the limitations of “displaying” are drawn to insignificant extra-solution activity (data display). See MPEP § 2106.05(g). Thus, the claim is directed to an abstract idea(s).
[Step 2B] 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(s) into a practical application, the additional element of a computer program executing on a computing device for performing the method steps amounts to no more than mere instructions to apply the exception using a generic computing device and/or extra-solution activity, which cannot provide an inventive concept. Accordingly, representative claim 1 is not patent eligible.
Claims 2-7 are dependent on representative claim 1 and include all of the limitations of claim 1. Therefore, the dependent claims recite the same abstract idea(s) as those recited in the independent claim or contain limitations drawn to generic computer components and/or reciting extra solution activities. While the dependent claims may have a narrower scope than the representative claim, no claim contains an additional element to integrate the abstract idea(s) into a practical application or to render an inventive concept that transforms the corresponding claim into a patent eligible application of the otherwise ineligible abstract idea(s). Thereby, claims 2-7 are also patent ineligible.
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 1-2, 4, 8-9, 11, 15-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2025/0078624 (hereinafter “Davis”) in view of US 2022/0036691 (hereinafter “Meyer”).
Regarding Claims 1, 8, and 15, Davis discloses a gaming machine (figs. 1-2) comprising:
a control panel that accepts player operations (par. 0028: “Gaming device 104A typically includes a button area or button deck 120 accessible by a player that is configured with input switches or buttons 122”);
a display unit including a display screen displaying computer-generated images thereon (fig. 2A: display units 240, 242, 216; figs. 6A-6B: display unit displaying computer-generated images); and
a control unit operably coupled to the control panel and the display unit (fig. 2A: game controller operably coupled to buttons 236 and display units 240, 242, 216),
the control unit including one or more processors programmed to execute an algorithm to display an animated sequence of computer-generated images on the display screen (fig. 2A: game controller including processor 204 operably coupled to display unit) including the steps of:
displaying a first symbol display area on the display screen that partially displays a plurality of reels each having symbols, the plurality of reels including a special reel having a special symbol (figs. 6A-6B: first display area 602 has plurality of reels each having symbols, wherein reel 606(a) contains special symbol 604);
spinning the plurality of reels in response to a player operating the control panel (par. 0054: “the player is asked to initiate or select options during course of game play (such as spinning a wheel to begin a bonus round or select various items during a feature game). The player may make these selections using the player-input buttons 236”);
stopping the special reel among the plurality of reels spun in the first symbol display area (par. 0029: “The mechanical reels 130 are independently spun and stopped to show a set of symbols within the gaming display area 118 which may be used to determine an outcome to the game;” par. 0086: “after determining the base game outcome”);
duplicating and displaying a first number of additional symbol display ranges for each of the plurality of reels when the special symbol stops on the special reel (fig. 6B: additional symbol display range 608(c); par. 0086: “a special symbol will trigger an additional game feature”); and
duplicating and displaying a second number of additional symbol display ranges for each of the plurality of reels when the special symbol stops on the special reel (fig. 6B: additional symbol display ranges 608(b) & 608(c); par. 0086: “a special symbol will trigger an additional game feature”).
Davis does not teach different special symbols which each correspond to a number of additional display ranges to be displayed; instead, Davis teaches one special symbol which triggers a random number generator that determines how many additional display ranges will be displayed (pars. 0080-0081). However, Meyer discloses a special reel having a first special symbol and a second special symbol (par. 0080: “different game action symbols can be used… there are specific free game increment symbols corresponding to each of the possible free game awards 641-642;” Examiner notes the special/action reel has at least two special symbols, which each correspond to free game awards 641-642 respectively);
displaying a first number of additional symbol display ranges when the first special symbol stops on the special reel (par. 0080: “different game action symbols can be used… there are specific free game increment symbols corresponding to each of the possible free game awards 641-642;” Examiner notes 20 “additional display ranges” will be displayed in the form of consequent free games when the symbol corresponding to award 641 stops on the special/action reel); and
displaying a second number of additional symbol display ranges when the second special symbol stops on the special reel (par. 0080: “different game action symbols can be used… there are specific free game increment symbols corresponding to each of the possible free game awards 641-642;” Examiner notes 10 “additional display ranges” will be displayed in the form of consequent free games when the symbol corresponding to award 642 stops on the special/action reel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the different special symbols corresponding to a unique number of extra games as disclosed by Meyer with the gaming machine comprising a special symbol which duplicates and displays an extra number of display ranges/games as disclosed by Davis in order to clearly show the user what they could win via a unique symbol to land on (Meyer, par. 0080).
Davis also does not explicitly teach stopping the special reel first. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Davis so that the special reel is stopped first among the plurality of reels spun in the first symbol display area. The KSR Court recognized that “[w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.” KSR International Co. v. Teleflex Inc., 550 U.S. at 421, 82 USPQ2d at 1937. In this particular case, because the special reel and the remaining reels are all known to stop, there are a finite number of options: the special reel can stop before the remaining reels, the special reel can stop at the same time as the remaining reels, or the special reel can stop after at least one of the remaining reels. Any of these options would therefore be obvious for a person having ordinary skill in the art to pursue.
Further regarding Claim 8, Davis modified by Meyer discloses a method of operating a gaming machine (Davis, par. 0110: “apparatus that performs the process can include components and devices (e.g., a processor, input and output devices) appropriate to perform the process. A computer-readable medium can store program elements appropriate to perform the method”) including the above steps (see claim 1).
Further regarding Claim 15, Davis modified by Meyer discloses a non-transitory computer-readable storage media having computer-executable instructions embodied thereon (Davis, fig. 2A; pars. 0044-0045: “processor 204 is operatively coupled to memory 208. Memory 208 is defined herein as including volatile and nonvolatile memory and other types of non-transitory data storage components… game program 206 represents an executable program stored in any portion or component of memory 208”) to operate the above gaming machine (see claim 1).
Regarding Claims 2, 9, and 16, modified Davis discloses animating, in response to the first special symbol (see claims 1, 8, and 15 above) stopping on the special reel, a second symbol display area onto the display screen that duplicates the special reel that has been stopped in the first symbol display area and the reels that are spinning (Davis, fig. 6B: second symbol display area 608(c) is displayed with duplicated special reel symbol 604 and spinning reels; par. 0086: “the special symbols are copied over and populated into the same position within the matrix that they were in the base game matrix”); and
stopping the remaining reels that are spinning in the first symbol display area and the second symbol display area (Davis, fig. 6B; par. 0086: “additional game feature, when triggered, will clone the winning combination to additional reel windows and spin the non-locked reels;” par. 0029: “The mechanical reels 130 are independently spun and stopped to show a set of symbols within the gaming display area 118 which may be used to determine an outcome to the game”).
Regarding Claims 4, 11, and 18, modified Davis discloses animating, in response to the second special symbol (see claims 1, 8, and 15 above) stopping on the special reel, the second symbol display area and a third symbol display area onto the display screen that duplicates the special reel that has been stopped in the first symbol display area and the reels that are spinning (Davis, fig. 6B: second symbol display area 608(c) and third display area 608(b) are displayed with duplicated special reel symbol 604 and spinning reels); and
stopping the remaining reels that are spinning in the first symbol display area, the second symbol display area, and the third symbol display area (Davis, fig. 6B; par. 0086: “additional game feature, when triggered, will clone the winning combination to additional reel windows and spin the non-locked reels;” par. 0029: “The mechanical reels 130 are independently spun and stopped to show a set of symbols within the gaming display area 118 which may be used to determine an outcome to the game”).
Claims 3, 5-7, 10, 12-14, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Davis in view of Meyer as applied to claims 1, 8, and 15 above, and further in view of US 2021/0142622 (hereinafter “Sanborn”).
Regarding Claims 3, 10, and 17, modified Davis discloses special symbols displayed in the first symbol display area and the second symbol display area (Davis, fig. 6B: first symbol display area 602 and second symbol display area 608(c) are displayed with duplicated special reel symbol 604 and spinning reels) but does not disclose converting those special symbols. However, Sanborn discloses converting the special symbols into prize symbols that are eligible for a prize (par. 0143: “the expansion trigger symbol 1206 is shown to be transforming from an expansion trigger symbol to an award enhancement trigger symbol. Subsequently, the display system may be controlled to present one or more enhanced award symbols;” par. 0125: “an enhanced award symbol may be a ‘prize on’ or ‘what you see is what you get’ (WYSIWYG) symbol… the prize on symbol may be a credit award prize symbol… the prize on symbol may be a jackpot award symbol”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the special symbols of modified Davis with the converting special symbols of Sanborn so that the user can win more prizes after expanding their played symbol display range(s), thus enhancing user enjoyment and excitement (Sanborn, pars. 0143, 0005).
Modified Davis discloses that the reels are spun and stopped independently but does not explicitly specify the special symbols are converted before the remaining spinning reels have been stopped. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Davis so that the special symbols are converted before the remaining reels spinning in the first symbol display area and second symbol display area have been stopped. The KSR Court recognized that “[w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.” KSR International Co. v. Teleflex Inc., 550 U.S. at 421, 82 USPQ2d at 1937. In this particular case, because the special symbols are known to convert and the remaining reels are all known to stop, there are a finite number of options: the special symbols can be converted before the remaining reels stop, at the same time the remaining reels stop, or after at least one of the remaining reels stops. Any of these options would therefore be obvious for a person having ordinary skill in the art to pursue.
Regarding Claims 5, 12, and 19, modified Davis discloses special symbols displayed in the first symbol display area, the second symbol display area, and the third symbol display area (Davis, fig. 6B: first symbol display area 602, second symbol display area 608(c), and third display area 608(b) are displayed with duplicated special reel symbol 604 and spinning reels) but does not disclose converting those special symbols. However, Sanborn discloses converting the special symbols into prize symbols that are eligible for prizes (par. 0143: “the expansion trigger symbol 1206 is shown to be transforming from an expansion trigger symbol to an award enhancement trigger symbol. Subsequently, the display system may be controlled to present one or more enhanced award symbols;” par. 0125: “an enhanced award symbol may be a ‘prize on’ or ‘what you see is what you get’ (WYSIWYG) symbol… the prize on symbol may be a credit award prize symbol… the prize on symbol may be a jackpot award symbol”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the special symbols of modified Davis with the converting special symbols of Sanborn so that the user can win more prizes after expanding their played symbol display range(s), thus enhancing user enjoyment and excitement (Sanborn, pars. 0143, 0005).
Modified Davis discloses that the reels are spun and stopped independently but does not explicitly specify the special symbols are converted before the remaining spinning reels have been stopped. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Davis so that the special symbols are converted before the remaining reels spinning in the first symbol display area, the second symbol display area, and the third symbol display area have been stopped. The KSR Court recognized that “[w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.” KSR International Co. v. Teleflex Inc., 550 U.S. at 421, 82 USPQ2d at 1937. In this particular case, because the special symbols are known to convert and the remaining reels are all known to stop, there are a finite number of options: the special symbols can be converted before the remaining reels stop, at the same time the remaining reels stop, or after at least one of the remaining reels stops. Any of these options would therefore be obvious for a person having ordinary skill in the art to pursue.
Regarding Claims 6, 13, and 20, modified Davis further discloses stopping all reels spinning in the first symbol display area (Davis, par. 0029: “The mechanical reels 130 are independently spun and stopped to show a set of symbols within the gaming display area 118 which may be used to determine an outcome to the game;” par. 0086: “after determining the base game outcome”);
copying symbols from one or more stopped reels of the first symbol display area if prize symbols that are eligible for a prize is displayed in the one or more stopped reels in the first symbol display area (Davis, fig. 6B; par. 0086: “after determining the base game outcome… additional game feature, when triggered, will clone the winning combination to additional reel windows”); and
duplicating and displaying the copied symbols onto corresponding reels in the second symbol display area (Davis, fig. 6B; par. 0086: “additional game feature, when triggered, will clone the winning combination to additional reel windows… the special symbols are copied over and populated into the same position within the matrix that they were in the base game matrix”).
Regarding Claims 7 and 14, modified Davis discloses stopping remaining reels spinning in the second reels symbol display area (Davis, par. 0029: “The mechanical reels 130 are independently spun and stopped to show a set of symbols within the gaming display area 118 which may be used to determine an outcome to the game”);
copying symbols from one or more stopped reels in the second symbol display area displaying prize symbols (Davis, fig. 6B: copied symbols from two leftmost/stopped reels 606(a) & 606(b) in first and second symbol display areas 602 & 608(c)); and
duplicating and displaying the copied symbols the second symbol display area onto corresponding reels in the third symbol display area (Davis, fig. 6B: copied symbols from two leftmost reels 606(a) & 606(b) in first and second symbol display areas 602 & 608(c) are further displayed in third symbol display area 608(b); par. 0086: “additional game feature, when triggered, will clone the winning combination to additional reel windows… the special symbols are copied over and populated into the same position within the matrix that they were in the base game matrix”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2021/0065514 (Marks) teaches a gaming machine with special symbols which give the user additional symbol display ranges. When this happens, the user chooses how many free games/additional ranges they want to play based on displayed volatility options.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE DOSHER whose telephone number is (571) 272-4842. The examiner can normally be reached Monday - Friday, 10 a.m. - 6 p.m. ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.G.D./Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715
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