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 .
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 organizing human activity in the form of fundamental economic activities directed to hedging (wagering games are recognized as a form of hedging) and a mental step without significantly more. As per step 1 examiner recognizes the claims are directed towards gaming systems comprising hardware elements and therefore claim 1 is met. As per step 2A the claim(s) recite(s) “in association with a sequence comprising a plurality of plays of a game, cause the processor to: responsive to a first quantity of strings of related symbols formed from a first plurality of symbols accumulated, over the plurality of plays of the game, at a first plurality of symbol display positions of a reel set: determine a first total award based on any awards associated with any symbols accumulated at any symbol display positions of the reel set and a first modifier associated with the first quantity of strings of related symbols, and cause a display, by a display device, of the first total award, and responsive to a second, different quantity of strings of related symbols formed from the first plurality of symbols accumulated, over the plurality of plays of the game, at the first plurality of symbol display positions of the reel set: determine a second, different total award based on any awards associated with any symbols accumulated at any symbol display positions of the reel set and a second modifier associated with the second, different quantity of strings of related symbols, and cause a display, by the display device, of the second, different total award.” which is directed towards rules for a game which comprises a slot game with symbols displayed wherein a an award is determined based on a determined modifier which is based on accumulated symbols over a plurality of play. The other independent claims are directed towards a similar game wherein the modifier is determined based on the string of related symbols used to determine an award. Dependent claims include additional rules for determine modifiers and awards. As per the hedging feature examiner recognizes the recited language of award reads on the awarding of credits which comprise a monetary value as per applicant’s disclosure paragraph [0009] “a sum of the awards associated with the held designated symbols is one-thousand credits” and paragraph [0042] “a quantity of monetary credits”. Therefore a hedging feature is involved wherein a risk is taken for a monetary gain during a play of a game. As per the mental steps examiner recognizes that the claims are directed towards a series of steps which includes determining and in response to language which comprise the mental step of observation and making a determination accordingly based on rules of a game. Specifically a person can observe the state of the game, such as the symbols presented on the reels, and determine a next step to apply such as the state of the modifier value or the total awards. This includes the steps of accumulating or counting value over a series of plays since an individual can observe the game and remember a value to apply for a subsequent play based on the rules. This judicial exception is not integrated into a practical application because the claims remain directed towards rules for a game which comprise hedging and mental steps. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims are directed towards the play of a slot game based on rules and do not include a practical improvement to the function of a machine. Specifically these are claimed rules for how to play a game.
As per step 2B examiner recognizes that additional elements are directed to conventional activities or extra solution activity. See below.
Limitation “A gaming system comprising: a processor; and a memory device that stores a plurality of instructions that, when executed by the processor in association with a sequence comprising a plurality of plays of a game, cause the processor to:”, display steps and other associated hardware and computer steps. The hardware elements are commonly found in the gaming art related to electronic slot machines or wagering terminals and therefore are no more than a generic recitation of computer hardware elements including network elements and therefore does not provide a practical application that amounts to more than the identified abstract idea. This includes the recitation of memory, processors, and displaying steps which are generically found in electronic gaming machine including the elements accepting wagers for the purpose of presenting an outcome and payout for the results. See US 6186894 B1 at col. 5, lines 25-38 regarding video slot reels including displaying outcomes and that the activity of spinning and producing random outcomes from a wagering game are conventional activities well-understood in the art. See Acres (US Pub. No. 2012/0172107 A1) teaches within the electronic gaming art the use of a random number generator to determine numbers for specific reel stop positions in order to determine an outcome which is evaluated if it is a winning combination of symbols appearing on a played payline (paragraph [0073]). Specifically it is conventional to communicate data to output to a user comprising animated spinning of a wager determining device (which would include reels or wheels) or static images to communicate an outcome and award due as well as the state of the game. Therefore these limitations do not provide a practical application. Further the means of displaying graphics and animations regarding a result or state of the game are conventional to the art and is directed towards extra solution activity as being a means to output information without changing the identified mental steps above. This includes the act of displaying particular animations regarding an outcome since these display steps are extra solution activity and directed to the outputting of data to inform a player which is conventional to the art. This would include display or animation steps regarding accumulated symbols, paylines, and modifiers since these are information regarding the state of the game and it is conventional to output the current state of the game on a display. Therefore the hardware and animation features do not provide a practical application.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by San (US Pub. No. 2017/0309119 A1).
As per claim 1, San teaches a gaming system (abstract and Fig. 1) comprising: a processor (paragraph [0126]); and a memory device that stores a plurality of instructions that (paragraph [0126]), when executed by the processor in association with a sequence comprising a plurality of plays of a game (Fig. 4 and paragraph [0139] “In the feature game 9, eight free plays or spins of the feature game are awarded to the player without having to make an additional bet or wager.”), cause the processor to: responsive to a first quantity of strings of related symbols formed from a first plurality of symbols accumulated, over the plurality of plays of the game, at a first plurality of symbol display positions of a reel set (Figs. 5-7 and paragraphs [0139]-[0140] and [0143] “the feature game 9 uses the same game symbols 10 as the base game 8, as well as the same array 11, reels 12, game positions 13 and player selectable pay lines 14 on the video screen” (paragraph [0139]), “Predetermined winning combinations of randomly selected game symbols 10 in the array 11 of the feature game 9 also result in the award of prizes to the player, usually of an enhanced value compared to the prizes awarded in the base game 8.” (paragraph [0140]), and “In FIG. 8, it can be seen that the bonus prize awarded in this embodiment is a multiplier of any prizes that have been won during the free spins of the feature game 9.” (paragraph [0143]) teaches a feature game comprising a plurality of spins wherein combination of symbols are awarded as prizes and accumulated to the end to be modified based on accumulation of character symbols): determine a first total award based on any awards associated with any symbols accumulated at any symbol display positions of the reel set and a first modifier associated with the first quantity of strings of related symbols (Fig. 8 and paragraphs [0141]-[0143] “end of the free spins in the feature game 9, the electronic game controller 4 sends a signal to the display screen 7 to show a tally screen 60 as best shown in FIG. 8, which displays a table 65 indicating the bonus prize awarded to the player based on the number of character symbols that have been accumulated for the selected character. In FIG. 8, it can be seen that the bonus prize awarded in this embodiment is a multiplier of any prizes that have been won during the free spins of the feature game 9.” (paragraph [0143]) character symbols, such as the fencer symbol, are accumulated over the play and a multiplier value is applied to the accumulated prize based on the number of symbols accumulated. For example Fig. 8 shows two as the first multiplier value for accumulating zero to two character), and cause a display, by a display device, of the first total award (Fig. 3, item 19 wins are shown), and responsive to a second, different quantity of strings of related symbols formed from the first plurality of symbols accumulated, over the plurality of plays of the game (Figs. 5-7 and paragraphs [0139]-[0140] and [0143] “the feature game 9 uses the same game symbols 10 as the base game 8, as well as the same array 11, reels 12, game positions 13 and player selectable pay lines 14 on the video screen” (paragraph [0139]), “Predetermined winning combinations of randomly selected game symbols 10 in the array 11 of the feature game 9 also result in the award of prizes to the player, usually of an enhanced value compared to the prizes awarded in the base game 8.” (paragraph [0140]), and “In FIG. 8, it can be seen that the bonus prize awarded in this embodiment is a multiplier of any prizes that have been won during the free spins of the feature game 9.” (paragraph [0143]) teaches a feature game comprising a plurality of spins wherein combination of symbols are awarded as prizes and accumulated to the end to be modified based on accumulation of character symbols), at the first plurality of symbol display positions of the reel set: determine a second, different total award based on any awards associated with any symbols accumulated at any symbol display positions of the reel set and a second modifier associated with the second, different quantity of strings of related symbols, and cause a display, by the display device, of the second, different total award (Fig. 8 and paragraphs [0141]-[0143] “end of the free spins in the feature game 9, the electronic game controller 4 sends a signal to the display screen 7 to show a tally screen 60 as best shown in FIG. 8, which displays a table 65 indicating the bonus prize awarded to the player based on the number of character symbols that have been accumulated for the selected character. In FIG. 8, it can be seen that the bonus prize awarded in this embodiment is a multiplier of any prizes that have been won during the free spins of the feature game 9.” (paragraph [0143]) character symbols, such as the fencer symbol, are accumulated over the play and a multiplier value is applied to the accumulated prize based on the number of symbols accumulated. For example Fig. 8 shows three as the second multiplier value for accumulating three to five character).
As per claim 2, San teaches a system wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to determine the first quantity of strings of related symbols in which each string of related symbols comprises one symbol displayed at one symbol display position of at least two adjacent reels of the reel set (paragraphs [0130]-[0131] and [0136] see pay lines which includes determining winning combinations with symbols adjacent to each other such as five of a kind).
As per claim 3, San teaches a system wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to determine the first quantity of strings of related symbols in which each string of related symbols comprises one symbol displayed at one symbol display position for each reel column of the reel set (paragraphs [0130]-[0131] and [0136] see pay lines which includes determining winning combinations with symbols adjacent to each other such as five of a kind).
As per claim 4, San teaches a system wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to determine if any strings of related symbols are formed between the accumulated symbols of a first reel of the reel set and the accumulated symbols of a second reel of the reel set by separately analyzing each of the accumulated symbols of the first reel for related symbols at any symbol display positions of the second reel (paragraphs [0130]-[0131] and [0136] see pay lines which includes determining winning combinations with symbols adjacent to each other such as two or more of a kind which would include between designated accumulated symbols).
As per claim 5, San teaches a system wherein the first plurality of symbols accumulated, over the plurality of plays of the game, at the first plurality of symbol display positions of the reel set comprise designated symbols accumulated over the plurality of plays of the game (Figs. 5-7 see fencer symbol).
As per claim 6, San teaches a system wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to cause a display, by the display device, of any designated symbols accumulated for a current play of the plurality of plays of the game and any prior accumulated designated symbols at the first plurality of symbol display positions and cause a display, by the display device, of a second plurality of non-designated symbols at a second plurality of symbol display positions of the reel set (Figs. 5-7, item 50 tally of the count of accumulated symbol is displayed for the plurality of plays in combination with new non-designated symbols generated on the reels).
As per claim 7, San teaches a system wherein the memory device stores a plurality of further instructions that, when executed by the processor responsive to the first quantity of strings of related symbols formed from the first plurality of symbols accumulated, over the plurality of plays of the game, at the first plurality of symbol display positions of the reel set, cause the processor to: determine a total symbol award based on any awards associated with any symbols accumulated at any symbol display positions of the reel set (Figs. 5-7 and paragraphs [0139]-[0140] and [0143] “the feature game 9 uses the same game symbols 10 as the base game 8, as well as the same array 11, reels 12, game positions 13 and player selectable pay lines 14 on the video screen” (paragraph [0139]), “Predetermined winning combinations of randomly selected game symbols 10 in the array 11 of the feature game 9 also result in the award of prizes to the player, usually of an enhanced value compared to the prizes awarded in the base game 8.” (paragraph [0140]), and “In FIG. 8, it can be seen that the bonus prize awarded in this embodiment is a multiplier of any prizes that have been won during the free spins of the feature game 9.” (paragraph [0143]) teaches a feature game comprising a plurality of spins wherein combination of symbols are awarded as prizes and accumulated to the end to be modified based on accumulation of character symbols); and determine the first total award by multiplying the total symbol award by the first modifier associated with the first quantity of strings of related symbols (Fig. 8 and paragraphs [0141]-[0143] “end of the free spins in the feature game 9, the electronic game controller 4 sends a signal to the display screen 7 to show a tally screen 60 as best shown in FIG. 8, which displays a table 65 indicating the bonus prize awarded to the player based on the number of character symbols that have been accumulated for the selected character. In FIG. 8, it can be seen that the bonus prize awarded in this embodiment is a multiplier of any prizes that have been won during the free spins of the feature game 9.” (paragraph [0143]) character symbols, such as the fencer symbol, are accumulated over the play and a multiplier value is applied to the accumulated prize based on the number of symbols accumulated. For example Fig. 8 shows three as the second multiplier value for accumulating three to five character).
As per claim 8, San teaches a system wherein the total symbol award comprises a sum of any awards associated with any symbols accumulated at any symbol display positions of the reel set (Fig. 8 and paragraphs [0141]-[0143] “end of the free spins in the feature game 9, the electronic game controller 4 sends a signal to the display screen 7 to show a tally screen 60 as best shown in FIG. 8, which displays a table 65 indicating the bonus prize awarded to the player based on the number of character symbols that have been accumulated for the selected character. In FIG. 8, it can be seen that the bonus prize awarded in this embodiment is a multiplier of any prizes that have been won during the free spins of the feature game 9.” (paragraph [0143]) character symbols, such as the fencer symbol, are accumulated over the play and a multiplier value is applied to the accumulated prize based on the number of symbols accumulated. For example Fig. 8 shows three as the second multiplier value for accumulating three to five character. This would be multiplied against the value for each win accumulated for each play which is each associated with designated symbols accumulated.).
As per claim 9, San teaches a system wherein an amount of the first modifier equals the first quantity of strings of related symbols (Fig. 8 see number which could also be the total winning paylines in certain plays. Specifically this is equal and not based on language.).
Claim(s) 10-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Caputo et al. (US Pub. No. 2009/0124326 A1 hereinafter referred to as Caputo).
As per claim 10, Caputo teaches a gaming system (abstract and Fig. 1A) comprising: a processor (Figs. 2A); and a memory device that stores a plurality of instructions that (Figs. 2A), when executed by the processor in association with a sequence comprising a plurality of plays of a game (Figs 4A-4F, item 66 see free spins), cause the processor to: cause a display, by a display device, of a reel set comprising a plurality of columns of symbol display positions, determine a total value based on any accumulation of any symbols, over the plurality of plays of the game (Figs. 4A-4F and paragraphs [0098]-[0099] symbol combinations are produced during the play of a game and an award is determined for a payline in associated with a multiplier), at any of the symbol display positions, determine if any accumulated symbols at any symbol display positions for a requisite number of adjacent columns of symbol display positions form a string of related symbols (Figs. 4A-6B and paragraphs [0014], [0106]-[0107], and [0114]-[0115] multiplier are incremented based on designated symbols appearing or the size of the winning combination) wherein each formed string of related symbols includes one displayed symbol for each column of symbol display positions and the requisite number of adjacent columns of symbol display positions is at least two (Fig. 6B, see 777 combination), and responsive to at least one string of related symbols being formed, determine a total award by modifying the determined total value based on a quantity of formed strings of related symbols (Figs. 6A-6B and paragraphs [0014] and [0114]-[0115] multiplier is increased by 2 for a two related symbol winning combination and by three for a three symbol winning combination).
As per claim 11, Caputo teaches a system wherein the requisite number of adjacent columns is a number associated with the plurality of columns of symbol display positions (Figs. 6A-6B at least two since it is a 3x3 array).
As per claim 12, Caputo teaches a system wherein any string of related symbols comprises a string of designated symbols (Fig. 6B see symbol combinations which designated certain symbols).
As per claim 13, Caputo teaches a system wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to determine the total award by multiplying the determined total value by the quantity of formed strings of related symbols (Figs. 6A-6B winning combinations are multiped for each winning combination based on respective multiplier).
As per claim 14, Caputo teaches a system wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to determine the total value as a sum of any awards associated with any symbols accumulated at any symbol display positions (Figs. 6A-6B).
As per claim 15, Caputo teaches a system gaming system (abstract and Fig. 1A) comprising: a processor (Figs. 2A); and a memory device that stores a plurality of instructions that (Figs. 2A), when executed by the processor in association with a plurality of plays of a game, cause the processor to: display, by a display device, a reel set comprising a plurality of symbol display positions (Figs. 4A-4F and 6A-6B and paragraphs [0098]-[0099] symbol combinations are produced during the play of a game and an award is determined for a payline in association with a multiplier), display, by the display device and over the plurality of plays of the game (Figs 4A-4F, item 66 see free spins), any accumulation of any symbols at any of the symbol display positions, determine a quantity of ways to win for the reel set, the determined quantity of ways to win corresponding to a quantity of related symbol display positions at which symbols are accumulated at (Figs. 4A-6B and paragraphs [0014], [0106]-[0107], and [0114]-[0115] multiplier are incremented based on designated symbols appearing or the size of the winning combination), and responsive to the determined quantity of ways to win being at least one, display, by the display device, a total award based on the determined quantity of ways to win for the reel set and any awards associated with any symbols accumulated at any of the plurality of symbol display positions (Figs. 6A-6B and paragraphs [0014] and [0114]-[0115] multiplier is increased by 2 for a two related symbol winning combination and by three for a three symbol winning combination).
As per claim 16, Caputo teaches a gaming system wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to determine the quantity of ways to win as a quantity of strings of related symbols in which each string of related symbols comprises one symbol displayed at one symbol display position of at least two adjacent reels of the reel set (paragraph [0008] see payline).
As per claim 17, Caputo teaches a system wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to determine the quantity of ways to win as a quantity of strings of related symbols in which each string of related symbols comprises one symbol displayed at one symbol display position for each reel column of the reel set (Figs. 4A-6B and paragraph [0008] see payline which are displayed combination of related symbols).
As per claim 18, Caputo teaches a system wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to determine a total symbol award as a sum of any awards associated with any symbols accumulated at any symbol display positions (Figs. 4A-6B, item 68 see award meter).
As per claim 19, Caputo teaches a system wherein the memory device stores a plurality of further instructions that, when executed by the processor, cause the processor to determine the total award by multiplying the total symbol award by the quantity of strings of related symbols (Figs. 4A-4F and 6A-6B and paragraphs [0098]-[0099] symbol combinations are produced during the play of a game and an award is determined for a payline in association with a multiplier for each winning symbol combination).
As per claim 20, Caputo teaches a system wherein each string of related symbols comprises one designated symbol displayed at a symbol display position for each reel column of the reel set (Fig. 6B see symbol combinations which designated certain symbols).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McCormick (US Pub. No. 2023/0104611 A1) teaches a gaming system comprising symbols accumulated at a plurality of reels wherein different quantities unlock additional symbol positions.
Sanborn et al. (US Pat. No. 10,902,702 B1) teaches a gaming system comprising reels wherein designated symbols are held over a plurality of plays of a game and a multiplier is modified to be applied to the symbol.
Berman et al. (US Pub. No. 2018/0061176 A1 hereinafter referred to as Berman) teaches a slot game comprising a held wild symbol.
Baerlocher et al. (US Pub. No. 2012/0295695 A1) teaches a slot game "wherein symbols are accumulated wherein a first quantity of the accumulated bonus indicia is associated with a first multiplier amount and a second, greater quantity of the accumulated bonus indicia is associated with a second, greater multiplier amount" (claim 5).
Louie et al. (US Pub. No. 2009/0075722 A1) teaches a slot game wherein symbols are accumulated during plays of a game in order to modify a subsequent play.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM.
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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/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 6/24/2026
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