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
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 a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims are directed to the abstract idea of mental processes and/ or certain methods of organizing human activity. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception as discussed below.
Step 1 of the 2019 Revised Patent Subject Matter
More specifically, regarding Step 1, of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a machine, process, and/or an article of manufacturer, which are statutory categories of invention.
Step 2a – Prong 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims are analyzed to determine whether it is directed to a judicial exception.
The claims are directed to the abstract idea of generating a random number and, based thereon, determining a pattern of shifts (with amounts and directions) to be applied to a set of UI elements so that subsets transition between being displayed and not displayed in a view, then outputting an indication of an outcome based on the final subsets.
Independent claim 1 recites: “generating a random number with a random number generator (RNG) and a hardware RNG, wherein the hardware RNG is configured to securely produce random numbers as a source of entropy for the RNG”; “creating a virtual camera view into a set of UI elements on a graphical user interface (GUI) of an electronic device, wherein the virtual camera view is configured to: display a first subset of the set of UI elements on the GUI at any given time; and not display a second subset of the set of UI elements on the GUI at any given time”; “determining, based, at least in part, on the generated random number, a pattern of shifts to be applied to the set of UI elements, wherein each shift in the pattern of shifts comprises at least: a shift amount; and a shift direction, wherein each shift in the pattern of shifts causes at least one UI element in the first subset of UI elements being displayed on the GUI to transition into the second subset of UI elements not being displayed on the GUI, and wherein each shift in the pattern of shifts causes at least one UI element in the second subset of UI elements not being displayed on the GUI to transition into the first subset of UI elements being displayed on the GUI”; and “outputting, to the GUI, an indication of an outcome of the pattern of shifts, wherein the outcome is based, at least in part, on what UI elements are in the first subset of UI elements at the end of the pattern of shifts and what UI elements are in the second subset of UI elements at the end of the pattern of shifts.”
Independent claims 11 and 20 recite substantially the same limitations in system and method form.
These limitations, under their broadest reasonable interpretation, cover mental processes (concepts performable in the human mind or with pen and paper, such as selecting a random value and deciding a sequence of positional shifts of items into/out of a visible window) and certain methods of organizing human activity (managing commercial or recreational interactions such as determining and presenting a game or display outcome based on chance). The “pattern of shifts,” “shift amount,” “shift direction,” transitions between subsets, and outcome indication based on final subsets are purely abstract mental or organizational steps. The virtual camera view language merely describes the mental act of focusing attention on a subset of items while ignoring others. Dependent claims 2–10 and 12–19 merely further specify the abstract selection of patterns, directions (including opposite), amounts, hold times/speeds/acceleration/deceleration, animations, or initiation by button, all of which remain within the abstract idea.
Step 2a – Prong 2 of the 2019 Revised Patent Subject Matter Eligibility Guidance
The second prong of step 2a is the consideration if the claim limitations are directed to a practical application.
Limitations that are indicative of integration into a practical application:
-Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
-Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition - see Vanda Memo
-Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
-Effecting a transformation or reduction of a particular article to a different state or thing – see MPEP 2106.05(c)
-Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
Limitations that are not indicative of integration into a practical application:
-Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea- see MPEP 2106.05(f)
-Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
-Generally linking the use of the judicial exception to a particular technological environment or field of use - see MPEP 2106.05(h)
The additional elements are one or more processors / control logic / memory / non-transitory media, a graphical user interface (GUI) of an electronic device, a random number generator (RNG) and a hardware RNG configured to securely produce random numbers as a source of entropy, and a “virtual camera view.”
These elements are recited at a high level of generality and amount to mere instructions to apply the abstract idea on generic computing components. The processors, memory, media, and GUI are generic computer components. The RNG and hardware RNG are conventional sources of randomness used in computing and gaming systems; the claim does not integrate them into a practical application beyond providing a random input to the abstract determination step. The “virtual camera view” is described functionally as simply displaying a first subset and not displaying a second subset; it does not improve the functioning of a computer, another technology, or the technical field of computer graphics, user interfaces, or gaming machines. There is no improvement to the way a computer operates, no particular technical implementation of camera mathematics or rendering pipelines that solves a technical problem, and no transformation of an article. The additional elements do not integrate the abstract idea into a practical application.
Step 2b of the 2019 Revised Patent Subject Matter Eligibility Guidance
Next, the claims as a whole are analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claim amounts to significantly more than the exception.
The additional elements, considered individually and as an ordered combination, do not amount to significantly more than the abstract idea. Generating random numbers with software RNGs seeded or entropy-sourced by hardware RNGs, displaying subsets of UI elements on a GUI, and applying shifts or pans to change what is visible are well-understood, routine, and conventional activities in the computing and electronic gaming arts. The claims simply append these conventional elements to the abstract idea of randomly determining and presenting an outcome via shifts. No inventive concept is present.
Consequently, consideration of each and every element of each and every claim, both individually and as an ordered combination, leads to the conclusion that the claims are not patent-eligible under 35 USC §101.
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 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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dupuis (US 2015/0348374 A1).
1. Dupuis discloses one or more non-transitory computer-readable media having stored thereon computer-executable instructions for causing one or more processors, when programmed thereby with control logic, to perform operations comprising:
generating a random number with a random number generator (RNG), [0035], [0037];
determining, based, at least in part, on the generated random number, a pattern of shifts to be applied to the set of UI elements, wherein each shift in the pattern of shifts comprises at least: a shift amount; and a shift direction, wherein each shift in the pattern of shifts causes at least one UI element in the first subset of UI elements being displayed on the GUI to transition into the second subset of UI elements not being displayed on the GUI, and wherein each shift in the pattern of shifts causes at least one UI element in the second subset of UI elements not being displayed on the GUI to transition into the first subset of UI elements being displayed on the GUI (i.e. a set of reels displayed in the active positions together with one or more replacement/side reels held in darkened preview positions or partially off the edge of the display. Upon a trigger, the system determines and applies one or more shifts. Each shift is characterized by both a shift amount (number of reel positions) and a shift direction (left or right). The set is shifted toward one edge of the game window, causing at least one main reel to exit the active area, while a replacement/preview reel simultaneously shifts from its preview/side position into the active positions), [0041], [0043], [0047]-[0048]; and
outputting, to the GUI, an indication of an outcome of the pattern of shifts, wherein the outcome is based, at least in part, on what UI elements are in the first subset of UI elements at the end of the pattern of shifts and what UI elements are in the second subset of UI elements at the end of the pattern of shifts (i.e. determines the game outcome based on the symbols of the reels that remain in the active positions after the shifting has completed), [0048], [0049], [0053], (Claim 1).
Dupuis does not expressly disclose creating a virtual camera view into a set of UI elements on a graphical user interface (GUI) … wherein the virtual camera view is configured to: display a first subset of the set of UI elements on the GUI at any given time; and not display a second subset of the set of UI elements on the GUI at any given time. LeMay discloses a gaming machine that creates a virtual camera view into a three-dimensional environment containing multiple UI elements (symbols and reels). The virtual camera is positioned such that only a first subset of the UI elements is displayed on the GUI at any given time, while a second subset remains completely outside the current camera view and is therefore not displayed. Moving the virtual camera causes UI elements to transition into and out of the displayed view [0100], [0104]-[0106], [0110]-[0111], [0136]. 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 side/preview-to-active reel shifting mechanism of Dupuis with the virtual camera view of LeMay. One of ordinary skill would have been motivated to combine the references in order to implement the shifting of side/preview reels into the active display area through a true virtual camera perspective in which inactive reels are treated as fully outside the camera’s field of view (rather than merely darkened or partially visible). This would produce a cleaner, more immersive panning effect that increases player anticipation while retaining the volatility and outcome-control benefits already achieved by Dupuis’s shifting technique.
Dupuis does not expressly teach or suggest that the random number is generated with a random number generator (RNG) that uses a hardware RNG configured to securely produce random numbers as a source of entropy; however, the use of a hardware RNG as a secure entropy source was conventional and well-known in regulated electronic gaming machines by the effective filing date of the claimed invention. It would have been obvious to one of ordinary skill in the art to implement the random-number generation already required by Dupuis using a hardware RNG as an entropy source in order to satisfy regulatory requirements for randomness, security, and fairness.
2. Dupuis and LeMay disclose the one or more non-transitory computer-readable media of claim 1, wherein: the determined pattern of shifts is selected from a set of available patterns of shifts based, at least in part, on the generated random number, Dupuis, [0047].
3. Dupuis and LeMay disclose the one or more non-transitory computer-readable media of claim 1, wherein: the virtual camera view comprises a perspective of a user of the GUI, LeMay [0048], [0065], [0066].
4. Dupuis and LeMay disclose the one or more non-transitory computer-readable media of claim 1, wherein the creation of the virtual camera view into the set of UI elements on the GUI: is initiated in response to actuation of a button of the electronic device (i.e. player initiate button for game play), Dupuis, [0027].
5. Dupuis and LeMay disclose the one or more non-transitory computer-readable media of claim 1, wherein: at least one of the shifts in the pattern of shifts comprises a first shift direction; and at least one of the shifts in the pattern of shifts comprises a second shift direction that is opposite to the first shift direction, Dupuis, [0047].
6. Dupuis and LeMay disclose the one or more non-transitory computer-readable media of claim 1, wherein: at least one of the shifts in the pattern of shifts comprises a first shift amount; and at least one of the shifts in the pattern of shifts comprises a second shift amount that is different than the first shift amount, Dupuis, [0051].
7. Dupuis and LeMay disclose the one or more non-transitory computer-readable media of claim 1, wherein shifting a UI element in a rightward shift direction causes the virtual camera view to pan in a leftward direction, and wherein shifting a UI element in a leftward shift direction causes the virtual camera view to pan in a rightward direction, LeMay, [0094], [0096].
8. Dupuis and LeMay disclose the one or more non-transitory computer-readable media of claim 1, wherein the determined pattern of shifts further includes: at least one change in the shift direction among the shifts in the pattern of shifts, Dupuis [0047].
9. Dupuis and LeMay disclose the one or more non-transitory computer-readable media of claim 1, wherein the operations further comprise, during the shifting, rendering one or more animations that indicate the shift direction, Dupuis [0047].
10. Dupuis and LeMay disclose the one or more non-transitory computer-readable media of claim 1, but does expressly disclose wherein the operations further comprise determining, based, at least in part, on the generated random number, at least one of the following characteristics for the pattern of shifts to be applied to the set of UI elements: a hold time applied upon reaching a full extent of a given shift direction; a speed of a given shift; an amount of acceleration applied to a given shift; or an amount of deceleration applied to a given shift; however timed and non-linear animated movements are conventional and would have been an obvious design choice within the combined system and would yield predictable results.
11-19. Dupuis and LeMay disclose a system comprising one or more processors, a graphical user interface (GUI), control logic, and memory, wherein the control logic is configured to cause the system to perform operations comprising: generating a random number with a random number generator (RNG) and a hardware RNG, wherein the hardware RNG is configured to securely produce random numbers as a source of entropy for the RNG; creating a virtual camera view into a set of UI elements on the GUI, wherein the virtual camera view is configured to: display a first subset of the set of UI elements on the GUI at any given time; and not display a second subset of the set of UI elements on the GUI at any given time; determining, based, at least in part, on the generated random number, a pattern of shifts to be applied to the set of UI elements, wherein each shift in the pattern of shifts comprises at least: a shift amount; and a shift direction, wherein each shift in the pattern of shifts causes at least one UI element in the first subset of UI elements being displayed on the GUI to transition into the second subset of UI elements not being displayed on the GUI, and wherein each shift in the pattern of shifts causes at least one UI element in the second subset of UI elements not being displayed on the GUI to transition into the first subset of UI elements being displayed on the GUI; and outputting, to the GUI, an indication of an outcome of the pattern of shifts, wherein the outcome is based, at least in part, on what UI elements are in the first subset of UI elements at the end of the pattern of shifts and what UI elements are in the second subset of UI elements at the end of the pattern of shifts as similarly discussed above.
20. Dupuis and LeMay disclose a method, comprising: generating a random number with a random number generator (RNG) and a hardware RNG, wherein the hardware RNG is configured to securely produce random numbers as a source of entropy for the RNG; creating a virtual camera view into a set of UI elements on a graphical user interface (GUI) of an electronic device, wherein the virtual camera view is configured to: display a first subset of the set of UI elements on the GUI at any given time; and not display a second subset of the set of UI elements on the GUI at any given time; determining, based, at least in part, on the generated random number, a pattern of shifts to be applied to the set of UI elements, wherein each shift in the pattern of shifts comprises at least: a shift amount; and a shift direction, wherein each shift in the pattern of shifts causes at least one UI element in the first subset of UI elements being displayed on the GUI to transition into the second subset of UI elements not being displayed on the GUI, and wherein each shift in the pattern of shifts causes at least one UI element in the second subset of UI elements not being displayed on the GUI to transition into the first subset of UI elements being displayed on the GUI; and outputting, to the GUI, an indication of an outcome of the pattern of shifts, wherein the outcome is based, at least in part, on what UI elements are in the first subset of UI elements at the end of the pattern of shifts and what UI elements are in the second subset of UI elements at the end of the pattern of shifts as similarly discussed above.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached USPTO form PTO-892.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
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, 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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/Seng H Lim/Primary Examiner, Art Unit 3715
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