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 § 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 without significantly more. According to the specification, the invention relates to a method of providing a virtual environment responsive to player inputs. Exemplary claims 1 and 11 includes the following underlined claim elements:
1. A method of operating a gaming machine, the method comprising the operations of: presenting, by a presentation assembly, a meter, a base array and a plurality of symbol-bearing base reels in an original presentation; conducting, by game-logic circuitry, a base game spin of the base reels to land symbols from the base reels in the base array; incrementing, by the game-logic circuitry, the meter for each winning combination of landed symbols according to a first paytable; and recursively in response to the landed symbols including a triggering combination of landed symbols: initiating a new level of the game comprising animating, by the presentation assembly, an addition of at least one more array and associated plurality of symbol bearing reels; establishing a spin counter for the new level; for each occurrence on the reels of the symbol that formed the triggering combination, replacing the triggering symbol with a replacement symbol; conducting one of more additional spins of all the pluralities of reels to land newly landed symbols from the reels in their respective arrays; incrementing, by the game-logic circuitry, the meter for each winning combination of newly landed symbols according to a second paytable; and concluding the recursion when the spin counter is exhausted or in response to a predetermined terminating event; and restoring the base array and plurality of symbol-bearing base reels to the original presentation
11. A gaming machine comprising: a presentation assembly; and game-logic circuitry configured to perform the operations of: presenting, by a presentation assembly, a meter, a base array and a plurality of symbol-bearing base reels in an original presentation; conducting a base game spin of the base reels to land symbols from the base reels in the base array; incrementing the meter for each winning combination of landed symbols according to a first paytable; and recursively in response to the landed symbols including a triggering combination of landed symbols: initiating a new level of the game comprising animating, by the presentation assembly, an addition of at least one more array and associated plurality of symbol bearing reels; establishing a spin counter for the new level; for each occurrence on the reels of the symbol that formed the triggering combination, replacing the triggering symbol with a replacement symbol; conducting one of more additional spins of all the pluralities of reels to land newly landed symbols from the reels in their respective arrays; incrementing, by the game-logic circuitry, the meter for each winning combination of newly landed symbols according to a second paytable; and concluding the recursion when the spin counter is exhausted or in response to a predetermined terminating event; and restoring the base array and plurality of symbol-bearing base reels to the original presentation.
The underlined claim elements above are directed in user interaction in a game environment and applying game logic to user interactions which is the court enumerated abstract idea of certain methods of organizing human activities, following rules or instructions. In addition, the claim elements underlined above, concern the court enumerated abstract idea of certain methods of organizing human activity fundamental economic practices because the claims set forth rules for resolving a wager, a fundamental economic process. The various dependent claims only further detail the abstract ideas or constitute insignificant extra solution activity and consequently are also considered abstract ideas.
This judicial exception is not integrated into a practical application because the claims do not recite additional elements that would integrate the abstract idea into a practical application. The recited “presentation assembly” and “game logic circuitry” amount to implementing the abstract idea on a general purpose computer, and/or do no more than generally link the use of a judicial exception to a particular technological environment or field of use. Applicant’s specification states “The gaming machine 10 may take any suitable form, such as floor-standing models as shown, handheld mobile units, bartop models, workstation-type console models, etc. Further, the gaming machine 10 may be primarily dedicated for use in playing wagering games, or may include non-dedicated devices, such as mobile phones, personal digital assistants, personal computers, etc”, [0019];
“Game-logic circuitry 40, as used herein, comprises any combination of hardware, software, or firmware disposed in or outside of the gaming machine 10 that is configured to communicate with or control the transfer of data between the gaming machine 10 and a bus, another computer, processor, device, service, or network. The game-logic circuitry 40, and more specifically the CPU 42, comprises one or more controllers or processors and such one or more controllers or processors need not be disposed proximal to one another and may be located in different devices or in different locations. The game-logic circuitry 40, and more specifically the main memory 44, comprises one or more memory devices which need not be disposed proximal to one another and may be located in different devices or in different locations. The game-logic circuitry 40 is operable to execute all of the various gaming methods and other processes disclosed herein. The main memory 44 includes a wagering-game unit 46. In one embodiment, the wagering-game unit 46 causes wagering games to be presented, such as video poker, video blackjack, video slots, video lottery, etc., in whole or part”, [0026]. This supports a conclusion that the method operates in a general computing environment and that the claim provides mere instructions to apply the judicial exception on a computer. There is no improvement made to computer technology since the claims are directed to providing a wagering game that responds to player input. This is not related to a long standing problem in computer technology. Additionally, there is no practical application as there is no particular machine that is used to implement the claim language and only generic computer components are used to perform the invention. Also, there is no transformation of the machine used in the application into a different state or thing. Lastly, the claims do not attempt to apply the abstract idea in a meaningful way beyond simply using a generic computer. The various dependent claims only further detail the abstract idea or are insignificant extra solution activity and also fail to rise significantly more than the abstract ideas.
The claims do not recite additional elements, individually or in combination, that amount to significantly more than the abstract idea. As discussed above with respect to the lack of a practical application, the additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here, i.e., mere instructions to apply an exception using generic computer component(s) cannot provide an inventive concept. The additional element(s) or combination of elements in the claim(s) other than the abstract idea(s) computer network system: (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structures that serves to perform generic computer functions that are well-understood, routine, and conventional activities previously known to the pertinent industry. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself
Therefore, the claims are directed to an abstract idea that lacks significantly more and thus is not patent eligible.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 5, 6, 9, 10, 11, 13, 15, 16, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Penacho et al. (pub. no. 20230033113).
Regarding claim 1, Penacho discloses a method of operating a gaming machine, the method comprising the operations of: presenting, by a presentation assembly, a meter, a base array and a plurality of symbol-bearing base reels in an original presentation; conducting, by game-logic circuitry, a base game spin of the base reels to land symbols from the base reels in the base array (“FIG. 4 is a flowchart illustrating an example method 400 utilizing sticky wild symbols while providing opportunities to unlock game windows. At 402, the game controller 202 registers a spin by a player. At 404, the game controller 202 determines display symbols for any unlocked game windows. In at least one example, the display symbols are selected from a set of symbols including configurable symbols, nonconfigurable symbols, and special symbols. In some examples, the display symbols are selected from a symbol set including a plurality of reel strips, each reel strip having a value based on the symbols of the reel strip and the effect of the reel strip on the RTP”, [0082]);
incrementing, by the game-logic circuitry, the meter for each winning combination of landed symbols according to a first paytable (“In some examples, the game might start with one single first unlocked game window having a reel grid. The game controller 202 randomly determines, using a random number generator, display symbols for each reel of the reel grid on the first unlocked game window. At 406 the game controller 202 determines a pay evaluation for the display symbols that landed on the reel grid of the first unlocked game window. At 408, the game controller 202 updates a special symbol meter with a number of special symbols that landed on the reel grid of the first unlocked game window. The special symbol meter tracks the number of accumulated special symbols over multiple spins, for example a period of spins corresponding to a complete game (which may be a base game, a bonus game, or a feature game)”, [0083]);
and recursively in response to the landed symbols including a triggering combination of landed symbols: initiating a new level of the game comprising animating, by the presentation assembly, an addition of at least one more array and associated plurality of symbol bearing reels (“At 410, the game controller 202 determines whether a new level has been unlocked by comparing the number of accumulated special symbols with a threshold number of accumulated special symbols. In at least one example the threshold number could be a static number. In at least one example, the threshold number could follow a sequence of threshold numbers. In some examples, the threshold number could be a dynamic number that changes based on an RNG call with weighted tables. In at least one example using an RNG call, the game could be configured to use an expected value that matches the static threshold number. If the accumulated special symbols do not meet or exceed the threshold number to unlock a new level, the method 400 proceeds to 412, at which the game controller 202 determines whether there are any remaining spins. If there are no remaining spins, the method 400 proceeds to step 414 and the game or instance ends. If there are remaining spins, the method 400 returns to 402 and a subsequent spin can be initiated. If at 410 the game controller 202 determines that the accumulated number of special symbols meets or exceeds the threshold number to unlock a new level, the method 400 proceeds to 416, at which the game controller 202 determines whether the new level unlocks a new game window. If the new level unlocks a new game window, at 418, the game controller 202 unlocks or otherwise makes available the new game window having a reel grid. In at least one example, the reel grid in the new game window has the same dimensions as the reel grid of the first unlocked game window. In some examples, each new level will unlock a new game window up to a maximum number of game windows (for example, up to 3 game windows)”, [0084]);
establishing a spin counter for the new level (“The method 400 then proceeds to 424, and the controller 202 determines whether unlocking the new level adds more spins. In some examples, unlocking a new level always adds spins (which may be a predefined number of spins or a random number of spins selected using a random number generator). If adding the new level does not add new spins, the method returns to 412 and the controller 202 determines whether any spins remain, and if so, the method 400 returns to 402 to allow for another spin to be initiated. If no spins remain the method 400 proceeds to step 414 to end the game. If at 424 the controller determines that spins are added, the method 400 proceeds to 426 and the controller 202 adds the spins, then the method returns to 402 to allow for a subsequent spin to be initiated. The method 400 continues to allow for spins to be initiated as long as spins remain. Further, as long as the number of accumulated special symbols continues to meet or exceed each threshold number corresponding to unlocking another level, the controller 202 will unlock new subsequent levels and place corresponding stacks of sticky wild symbols until a maximum level has been reached (e.g., level 9, etc.) and/or a maximum number of reels have been replaced with stacks of sticky symbols. In at least one example, when the method 400 proceeds until a player has reached the maximum level, there is no longer a special symbol threshold value to try and reach, and instead each remaining spin is played out for its value and the pay evaluations of each spin are added to the total until there are no longer any remaining spins. In at least one example, each additional special symbol is tracked, and a bonus is applied to the excess number of special symbols over the threshold number required to unlock the last level”, [0086]);
for each occurrence on the reels of the symbol that formed the triggering combination, replacing the triggering symbol with a replacement symbol (“Next, at 420, the game controller 202 determines whether unlocking the new level unlocks one or more stacks of sticky wild symbols. If the new level unlocks one or more stacks of sticky wild symbols, the method 400 proceeds to 422 and the game controller 202 places or otherwise controls the display system to display the one or more stack of sticky wild symbols. The stack of sticky wild symbols replaces a reel of a reel grid of an unlocked game window with all wild symbols, and the wild symbols persist through the rest of the spins until that game or instance ends (e.g., the player runs out of spins). In at least one example, the stack of sticky wild symbols is displayed as a single wild symbol (which may extend for the entire reel) with a multiplier”, [0085]);
conducting one of more additional spins of all the pluralities of reels to land newly landed symbols from the reels in their respective arrays; incrementing, by the game-logic circuitry, the meter for each winning combination of newly landed symbols according to a second paytable (“As more reels are replaced with stacks of sticky wild symbols, fewer and fewer reel spaces are available to progress to subsequent levels that correspond with unlocking game windows and/or placing additional stacks of sticky wild symbols on other reels. Moreover, as more games are unlocked and more stacks of sticky wild symbols are placed on the game windows, the game RTP increases and would need to be balanced, for example, by using reel strips with different RTP for different game windows. For example, earlier unlocked game windows may have a set of reel strips with a higher RTP than later unlocked game windows. Thus, the gaming device improves computer capability by achieving a designated volatility with the features of unlocking additional game windows and/or stacks of sticky wild symbols while also achieving a designated RTP by the stacks of sticky wild symbols limiting the available spaces (and therefore likelihood) of unlocking a new level and by using different reel strips for different game windows “, [0021];
“To balance the RTP, the initial unlocked game window has a set of reel strips that generate a higher RTP, while the second and third game windows are configured with reel strips that generate lower RTP. The reason for this is that only the first game window is available when the game first starts. As the game progressives, the RTP for each of the game windows eventually balances out as the stacks of sticky wild symbols replaces the reels. As an example, the reel strip of reel 2 of the initial game window could be constructed to have the highest values (in some examples, the most wild symbols) to initially provide higher payouts. However, reel 2 of the initial game window may be set as the first reel strip to be replaced with the stacks of wild symbols. Thus, in some examples, the game prioritizes replacing reels having higher value reel strips with stacks of sticky wild symbols (over reels having lower value reel strips). Alternatively, reel 2 on game windows 2 and 3 could have a lower value associated with lower payouts (e.g., less wild symbols). However, because the game replaces reels 2 on game windows 2 and 3 early in the sequence, the payouts for game windows 2 and 3 increase and become closer to game window 1. By doing so, the game achieves a targeted game RTP and volatility even though stacks of wild symbols are added to the game windows”, [0104]);
and concluding the recursion when the spin counter is exhausted or in response to a predetermined terminating event; and restoring the base array and plurality of symbol-bearing base reels to the original presentation ([0084]).
Regarding claim 3, Penacho discloses the first paytable and the second paytable are different ([0021]; [0104]).
Regarding claim 5, Penacho discloses establishing the spin counter for the new level comprises initializing the spin counter (“ The method 400 then proceeds to 424, and the controller 202 determines whether unlocking the new level adds more spins. In some examples, unlocking a new level always adds spins (which may be a predefined number of spins or a random number of spins selected using a random number generator)”, [0086]).
Regarding claim 6, Penacho discloses establishing the spin counter for the new level comprises resetting the spin counter (“If adding the new level does not add new spins, the method returns to 412 and the controller 202 determines whether any spins remain, and if so, the method 400 returns to 402 to allow for another spin to be initiated”, [0086]).
Regarding claim 9, Penacho discloses the replacement symbol bears a multiplier ([0085]).
Regarding claim 10, Penacho discloses the base array and the at least one more array comprise the same number of rows and columns (“The unlocked third game window 506, like the first and second game windows 502, 504, includes a 4×5 reel grid having reels 508, 510, 512, 514, 516 each having a number of positions 518, 520, 522, 524 for symbols to be displayed”, [0091]).
Claims 11, 13, 15, 16, 19 and 20 are directed to an apparatus that implements the methods of claims 1, 3, 5, 6, 9 and 10 respectively and are rejected for the same reasons as claims 1, 3, 5, 6, 9 and 10 respectively.
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 LAWRENCE STEFAN GALKA whose telephone number is (571)270-1386. The examiner can normally be reached M-F 6-9 & 12-5.
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 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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/LAWRENCE S GALKA/Primary Examiner, Art Unit 3715
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