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.
Step 1 (What is the statutory category?):
Claims 1-20 are drawn to at least one of the four statutory categories of invention (ie: process, machine, manufacture, or composition).
Step 2A; Prong I (Does the claim recite an abstract idea?):
Claim 1 recites:
A gaming system comprising:
a processor; and
a memory device which stores a plurality of instructions, which when executed by the processor, cause the processor to:
cause a display, by a display device, of a plurality of reels including a first reel, a second reel, and a third reel, the plurality of reels comprising a plurality of symbols, the plurality of reels configured to display the symbols at symbol display positions associated with the plurality of reels, the second reel comprising a trigger symbol stack comprising three adjacent trigger symbols;
for a first activation of the plurality of reels,
cause a display, by the display device, of the plurality of reels spinning and stopping to display a plurality of randomly determined symbols on the plurality of reels at the symbol display positions associated with the plurality of reels, wherein only a single one of the adjacent trigger symbols of the trigger symbol stack is displayed on the second reel and at one of the symbol display positions associated with that second reel, and
based on the display of the single one of the adjacent trigger symbols of the trigger symbol stack, cause a single re-spin of the reels that comprises:
causing a display, by the display device, of the adjacent trigger symbols of the trigger symbol stack to be displayed on the second reel and at three of the symbol display positions associated with that second reel;
causing a display, by the display device, of the first reel spinning and stopping to display randomly determines symbols on the first reel at the symbol display positions associated with that first reel; causing a display, by the display device, of the third reel spinning and stopping to display randomly determines symbols on the third reel at the symbol display positions associated with that third reel; and
causing a display, by the display device, of an indication of an evaluation of the symbols displayed on the reels at the symbol display positions associated with plurality of reels; and
for a second activation of the plurality of reels,
cause a display, by the display device, of the plurality of reels spinning and stopping to display a plurality of randomly determined symbols on the plurality of reels at the symbol display positions associated with the plurality of reels, wherein only two of the adjacent trigger symbols of the trigger symbol stack are displayed on the second reel and at two of the symbol display positions associated with that second reel, and based on the display of the two of the three adjacent trigger symbols of the trigger symbol stack, cause two re-spins of the reels that each comprises:
causing a display, by the display device, of the adjacent trigger symbols of the trigger symbol stack to be displayed on the second reel and at three of the symbol display positions associated with that second reel;
causing a display, by the display device, of the first reel spinning and stopping to display randomly determined symbols on the first reel at the symbol display positions associated with that first reel;
causing a display, by the display device, of the third reel spinning and stopping to display randomly determined symbols on the third reel at the symbol display positions associated with that third reel; and
causing a display, by the display device, of an indication of an evaluation of the symbols displayed on the reels at the symbol display positions associated with plurality of reels.
Claim 7 recites:
A gaming system comprising:
a processor; and
a memory device which stores a plurality of instructions, which when executed by the processor, cause the processor to:
cause a display, by a display device, of a plurality of reels including a first reel, a second reel, and a third reel, the plurality of reels comprising a plurality of symbols, the plurality of reels configured to display the symbols at symbol display positions associated with the plurality of reels, the second reel comprising a trigger symbol stack comprising three adjacent trigger symbols;
for a first activation of the plurality of reels,
cause a display, by the display device, of the plurality of reels spinning and stopping to display a plurality of randomly determined symbols on the plurality of reels at the symbol display positions associated with the plurality of reels, wherein only a single one of the adjacent trigger symbols of the trigger symbol stack is displayed on the second reel and at one of the symbol display positions associated with that second reel, and based on the display of the single one of the adjacent trigger symbols of the trigger symbol stack, cause a first quantity of re-spins of the reels, wherein the first quantity is at least one, and wherein each of the re-spins of the reels comprises:
causing a display, by the display device, of the three adjacent trigger symbols of the trigger symbol stack to be displayed on the second reel and at three of the symbol display positions associated with that second reel;
causing a display, by the display device, of the first reel spinning and stopping to display randomly determined symbols on the first reel at the symbol display positions associated with that first reel;
causing a display, by the display device, of the third reel spinning and stopping to display randomly determined symbols on the third reel at the symbol display positions associated with that third reel; and
causing a display, by the display device, of an indication of an evaluation of the symbols displayed on the reels at the symbol display positions associated with plurality of reels; and
for a second activation of the plurality of reels,
cause a display, by the display device, of the plurality of reels spinning and stopping to display a plurality of randomly determined symbols on the plurality of reels at the symbol display positions associated with the plurality of reels, wherein only two of the three adjacent trigger symbols of the trigger symbol stack are displayed on the second reel and at two of the symbol display positions associated with that second reel, and based on the display of the two of the three adjacent trigger symbols of the trigger symbol stack, cause a second quantity of re-spins of the reels, wherein the second quantity is more than the first quantity, and wherein each of the re-spins of the reels comprises:
causing a display, by the display device, of the three adjacent trigger symbols of the trigger symbol stack to be displayed on the second reel and at three of the symbol display positions associated with that second reel;
causing a display, by the display device, of the first reel spinning and stopping to display randomly determined symbols on the first reel at the symbol display positions associated with that first reel;
causing a display, by the display device, of the third reel spinning and stopping to display randomly determined symbols on the third reel at the symbol display positions associated with that third reel; and
causing a display, by the display device, of an indication of an evaluation of the symbols displayed on the reels at the symbol display positions associated with plurality of reels.
Claim 13 recites:
A gaming system comprising:
a processor; and
a memory device which stores a plurality of instructions, which when executed by the processor, cause the processor to:
cause a display, by a display device, of a plurality of reels including a first reel, a second reel, and a third reel, the plurality of reels comprising a plurality of symbols, the plurality of reels configured to display the symbols at symbol display positions associated with the plurality of reels, the second reel comprising a trigger symbol stack comprising a first quantity of adjacent trigger symbols, the first quantity being at least three;
for a first activation of the plurality of reels,
cause a display, by the display device, of the plurality of reels spinning and stopping to display a plurality of randomly determined symbols on the plurality of reels at the symbol display positions associated with the plurality of reels, wherein only a second quantity of the adjacent trigger symbols of the trigger symbol stack is displayed on the second reel and at the symbol display positions associated with that second reel, the second quantity being at least one and less than the first quantity of adjacent trigger symbols; and
based on the display of the first quantity of the adjacent trigger symbols of the trigger symbol stack, cause a first quantity of re-spins of the reels, wherein the first quantity of re-spins is at least one, and wherein each of the re-spins of the reels comprises:
causing a display, by the display device, of the first quantity of the adjacent trigger symbols of the trigger symbol stack to be displayed on the second reel and at the symbol display positions associated with that second reel; causing a display, by the display device, of the first reel spinning and stopping to display randomly determined symbols on the first reel at the symbol display positions associated with that first reel;
causing a display, by the display device, of the third reel spinning and stopping to display randomly determined symbols on the third reel at the symbol display positions associated with that third reel; and
causing a display, by the display device, of an indication of an evaluation of the symbols displayed on the reels at the symbol display positions associated with plurality of reels; and
for a second activation of the plurality of reels,
cause a display, by the display device, of the plurality of reels spinning and stopping to display a plurality of randomly determined symbols on the plurality of reels at the symbol display positions associated with the plurality of reels, wherein only a third quantity of the adjacent trigger symbols of the trigger symbol stack are displayed on the second reel and at the symbol display positions associated with that second reel, wherein the third quantity is greater than the second quantity but less than the first quantity of adjacent trigger symbols; and
based on the display of the third quantity of the adjacent trigger symbols of the trigger symbol stack,
cause a second quantity of re-spins of the reels, wherein the second quantity of re-spins is more than the first quantity of re-spins, and wherein each of the re-spins of the reels comprises:
causing a display, by the display device, of the first quantity of adjacent trigger symbols of the trigger symbol stack to be displayed on the second reel and at the symbol display positions associated with that second reel;
causing a display, by the display device, of the first reel spinning and stopping to display randomly determined symbols on the first reel at the symbol display positions associated with that first reel;
causing a display, by the display device, of the third reel spinning and stopping to display randomly determined symbols on the third reel at the symbol display positions associated with that third reel; and
causing a display, by the display device, of an indication of an evaluation of the symbols displayed on the reels at the symbol display positions associated with plurality of reels.
[the Examiner submits that the foregoing underlined elements recite certain method of organizing human activity because they describe “managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)”]
According to the 2019 Revised Patent Subject Matter Guidelines, Certain Methods of Organizing Human Activity, Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions) "encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping." (Emphasis added)
To further elaborate on the Examiner’s interpretation regarding the claimed invention being directed towards certain methods of organizing human activity, the Examiner believes the invention describe managing interactions between people and machine (ie: a gaming machine) in which rules or instructions for the gaming machine is being implemented (ie: provide different reel re-spin sequences for a plurality of reels that are triggered by respective different quantities of trigger symbols that are each part of a trigger symbol stack on one of the reels, and wherein the reel re-spin sequences each employ different specific reel re-spin features responsive to the respective trigger symbols that trigger that re-spin sequence.)
Step 2A; Prong II (Does the claim recite a practical application?):
The Examiner submits that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application.
The dependent claims 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 instructions to implement the abstract idea on a computer, or use a computer as tool to perform the abstract idea.
Taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
The abstract idea is not integrated into a practical application for the following reasons. The claim elements of claims 1, 7, and 13 above that are not underlined constitute additional limitations.
The Examiner submits that the following additional limitation merely uses a computer as a tool to perform the abstract idea: processor, memory, and display device.
The Examiner finds that there are concepts regarding the application that simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality. For example:
Bregenzer, US 20040224745 discloses that it is well understood that software and firmware that controls for a casino-based game is stored on various memory devices, such as a ROM, EPROM, EEPROM, flash memory, hard drive, disk drive, or other alterable or inalterable memory or memories, and that the memory devices are linked to the processor or processors (paragraph 28);
Krynicky, US 20050266909, discloses that slot machines are also well known in the art and comprise a row or rows of reels (or simulated reels) having symbols positioned about the face of each reel (paragraph 5);
Guinn et al., US 20140094274 discloses that display devices for a gaming machine may comprise a plasma, LED, OLED, LCD, CRT, projection, or transmissive display device and are well-known to one of ordinary skill in the art (paragraph 38);
Rehill et al., US 10726678 discloses that it is well known to one of ordinary skill in the graphical user interfaces are arranged to display information regarding a program, software application or other element associated with a computing device (Col 22, lines 44-47); Cockrell, Jr., US 20070057464, discloses that computer systems for implementing games can be suitable general-purpose computers having a processor and memory and are well known to one of ordinary skill in the art (paragraph 69);
Geisner, US 20080242421, discloses processors can be general purpose processor for implementing online games and are well known to one of ordinary skill in the art (paragraph 24, 34, 52);
Thomas, US 20160358424, discloses that reel-based games utilize symbols for display on an array for generating outcomes are well-known to one of ordinary skill in the art (paragraph 4);
Falciglia, SR., US 20100203948 discloses that, as is well known, the combinations of reel positions and their odds of hitting are associated with the controller, and the controller is arranged to stop the reels in a position displaying a combination of indicia as determined by the controller based on the combinations and odds (paragraph 142).
The above helps to suggest that the claimed components are no more than generic well-known components.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology; there is no additional element that applies or uses 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; the additional elements merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea; the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Step 2B (Are there additional elements that are “something more” than an abstract idea?):
Dependent Claims 2-6, 8-12, 14-20 do not include additional elements that are sufficient to amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
In addition, with regards to dependent claims, the courts have recognized the computer functions as well-understood, routine, and conventional activities when they are claimed in a merely generic manner (ie: at a high level of generality) or as insignificant extra-solution activity because 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 selecting information, based on types of information, for collection, analysis and display in EPG, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and performing repetitive calculation in Flook, Bancorp.
Therefore, the dependent claims are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY K WONG/Primary Examiner, Art Unit 3715
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