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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/4/24 was acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. This application discloses and claims only subject matter disclosed in prior application no 17/714614, filed 4/6/22, prior application no 18/370251, filed 9/19/23, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11798373 and 12165465. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations share the same scope. See below for a comparison example.
Instant Application
U.S. Patent No. 11798373
U.S. Patent No. 12165465
1. A gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to: cause a display, by a display device, of a first plurality of symbols at a first plurality of symbol display positions, wherein the first plurality of symbol display positions form less than a complete symbol display position matrix, and responsive to an occurrence of a symbol display position matrix modification event: cause a display, by the display device, of a second plurality of symbols at a second plurality of symbol display positions, wherein the first plurality of symbol display positions and the second plurality of symbol display positions form a complete symbol display position matrix, and responsive to a designated symbol being displayed at each symbol display position of a first subset of the symbol display positions, activate a first feature associated with a feature display position associated with the first subset of the symbol display positions.
1. A gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to: cause a display, by a display device, of: a first plurality of symbols at a first plurality of symbol display positions associated with a plurality of reels, wherein the first plurality of symbol display positions form a partial symbol display position matrix, and a plurality of feature display positions associated with the plurality of reels, and responsive to an occurrence of a symbol display position matrix modification event: cause a display, by the display device, of a second plurality of symbols at a second plurality of symbol display positions associated with the plurality of reels, wherein the first plurality of symbol display positions and the second plurality of symbol display positions form a complete symbol display position matrix, and responsive to the symbols displayed at the symbol display positions associated with a first reel of the plurality of reels each being an instance of a designated symbol, activate a first feature associated with the feature display position associated with the first reel.
1. A method of operating a gaming system, the method comprising: displaying, by a display device:a first plurality of symbols at a first plurality of symbol display positions associated with a plurality of reels, wherein the first plurality of symbol display positions form a partial symbol display position matrix, and a plurality of feature display positions associated with the plurality of reels, and responsive to an occurrence of a symbol display position matrix modification event: displaying, by the display device, a second plurality of symbols at a second plurality of symbol display positions associated with the plurality of reels, wherein the first plurality of symbol display positions and the second plurality of symbol display positions form a complete symbol display position matrix, and responsive to the symbols displayed at the symbol display positions associated with a first reel of the plurality of reels each being an instance of a designated symbol, activating, by a processor, a first feature associated with the feature display position associated with the first reel.
9. A gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to: cause a display, by the display device, of a plurality of symbols at a plurality of initially displayed symbol display positions without displaying any symbols at any of a plurality of initially non-displayed symbol display positions, responsive to a designated symbol being displayed at each of a first subset of the plurality of initially displayed symbol display positions, cause a display, by the display device, of a plurality of symbols at the plurality of initially non-displayed symbol display positions, and responsive to the designated symbol being displayed at each of a second subset of the plurality of initially displayed symbol display positions and at each of a first subset of the plurality of initially non-displayed symbol display positions, activate a feature.
9. A gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to: cause a display, by a display device, of a plurality of reels, each of the plurality of reels being associated with a plurality of initially displayed symbol display positions and a plurality of initially non-displayed symbol display positions, cause a display, by the display device, of a plurality of symbols at the plurality of initially displayed symbol display positions without displaying any symbols at any of the plurality of initially non-displayed symbol display positions, responsive to each of the symbols at each of the plurality of initially displayed symbol display positions associated with a first reel of the plurality of reels being an instance of a designated symbol, cause a display, by the display device, of a plurality of symbols at the plurality of initially non-displayed symbol display positions, and responsive to each of the symbols at each of the plurality of initially displayed symbol display positions associated with a second reel of the plurality of reels and each of the symbols at each of the plurality of initially non-displayed symbol display positions associated with the second reel of the plurality of reels being instances of the designated symbol, activate a feature associated with the second reel of the plurality of reels.
9. A method of operating a gaming system, the method comprising: displaying, by a display device, a plurality of reels, each of the plurality of reels being associated with a plurality of initially displayed symbol display positions and a plurality of initially non-displayed symbol display positions, displaying, by the display device, a plurality of symbols at the plurality of initially displayed symbol display positions without displaying any symbols at any of the plurality of initially non- displayed symbol display positions, responsive to each of the symbols at each of the plurality of initially displayed symbol display positions associated with a first reel of the plurality of reels being an instance of a designated symbol, displaying, by the display device, a plurality of symbols at the plurality of initially non- displayed symbol display positions, and responsive to each of the symbols at each of the plurality of initially displayed symbol display positions associated with a second reel of the plurality of reels and each of the symbols at each of the plurality of initially non-displayed symbol display positions associated with the second reel of the plurality of reels being instances of the designated symbol, activating, by a processor, a feature associated with the second reel of the plurality of reels.
16. A gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to: responsive to an occurrence of a symbol display position modification event associated with a partial symbol display position matrix comprising a first plurality of symbol display positions associated with a plurality of reels, cause a display, by the display device, of a complete symbol display position matrix comprising the first plurality of symbol display positions associated with the plurality of reels and a second plurality of symbol display positions associated with the plurality of reels, and responsive to an occurrence of a feature triggering event associated with the complete symbol display position matrix, activate a feature.
16. A gaming system comprising: a processor; and a memory device that stores a plurality of instructions, that when executed by the processor, cause the processor to: responsive to an occurrence of a game triggering event, cause a display, by a display device and for a play of a game, of a partial symbol display position matrix comprising a first plurality of symbol display positions associated with a plurality of reels, responsive to an occurrence of a symbol display position modification event associated with the partial symbol display position matrix, cause a display, by the display device and for the play of the game, of a complete symbol display position matrix comprising the first plurality of symbol display positions associated with the plurality of reels and a second plurality of symbol display positions associated with the plurality of reels, and responsive to an occurrence of a feature triggering event associated with the complete symbol display position matrix, activate a feature.
16. A method of operating a gaming system, the method comprising: responsive to an occurrence of a game triggering event, displaying, by a display device and for a play of a game, a partial symbol display position matrix comprising a first plurality of symbol display positions associated with a plurality of reels, responsive to an occurrence of a symbol display position modification event associated with the partial symbol display position matrix, displaying, by the display device and for the play of the game, a complete symbol display position matrix comprising the first plurality of symbol display positions associated with the plurality of reels and a second plurality of symbol display positions associated with the plurality of reels, and responsive to an occurrence of a feature triggering event associated with the complete symbol display position matrix, activating, by a processor, a feature.
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.
In the instant application, claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
Claim(s) 1-20 is/are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2A:
However, claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
For instance, regarding independent claim(s) 1, 9. 16,
Prong 1 analysis:
The limitations of “cause a display of a first plurality of symbols at a first plurality of symbol display positions, wherein the first plurality of symbol display positions form less than a complete symbol display position matrix, and responsive to an occurrence of a symbol display position matrix modification event: cause a display of a second plurality of symbols at a second plurality of symbol display positions, wherein the first plurality of symbol display positions and the second plurality of symbol display positions form a complete symbol display position matrix, and responsive to a designated symbol being displayed at each symbol display position of a first subset of the symbol display positions, activate a first feature associated with a feature display position associated with the first subset of the symbol display positions” (claim 1), “cause a display of a plurality of symbols at a plurality of initially displayed symbol display positions without displaying any symbols at any of a plurality of initially non-displayed symbol display positions, responsive to a designated symbol being displayed at each of a first subset of the plurality of initially displayed symbol display positions, cause a display of a plurality of symbols at the plurality of initially non-displayed symbol display positions, and responsive to the designated symbol being displayed at each of a second subset of the plurality of initially displayed symbol display positions and at each of a first subset of the plurality of initially non-displayed symbol display positions, activate a feature” (claim 9), “responsive to an occurrence of a symbol display position modification event associated with a partial symbol display position matrix comprising a first plurality of symbol display positions associated with a plurality of reels, cause a display of a complete symbol display position matrix comprising the first plurality of symbol display positions associated with the plurality of reels and a second plurality of symbol display positions associated with the plurality of reels, and responsive to an occurrence of a feature triggering event associated with the complete symbol display position matrix, activate a feature” (claim 16), are considered to fall within the certain methods of organizing human activity grouping (managing personal behavior, rules). The mere nominal recitation of generic computer elements does not take the claim out of the methods of organizing human activity grouping. Thus, the claim(s) recites an abstract idea.
Furthermore, dependent claims 2-8, 10-15, 17-20 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they are merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Prong 2 analysis:
The above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the additional elements “a processor; and a memory device that stores a plurality of instructions, that when executed by the processor, a display device”, are generically recited computer elements that do not improve the functioning of a computer, or any other technology or technical field. Nor do these additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above is not integrated into a practical application under the 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the claimed method and system merely implements the above-identified abstract idea using rules (e.g., computer instructions) executed by a computer. The claimed elements are recited at a high level of generality, and amounts to mere data gathering and data transmission, which is a form of insignificant extra-solution activity. Each of the additional limitations are no more than mere instructions to apply the exception using generic computer components. Accordingly, even in combination, 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.
Step 2B:
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using generic computer components cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Furthermore, in view of Berkheimer, the recited additional elements are considered as conventional activity. For instance, Halvorson (10424149) teaches the recited additional elements (col 4, ln 2-13, col 5, ln 5-13, col 7, ln 22-39, col 11, ln 23-67, col 12, ln 12-47).
In addition, with regards to the present claims, the courts have recognized the computer functions as well‐understood, routine, and conventional activities when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
For instance, regarding claims 1-20, each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and rules in In re Smith.
Therefore, claim(s) 1-20 is/are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Conclusion
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/JASON T YEN/Primary Examiner, Art Unit 3715
Prosecution Insights