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 .
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.
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 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Is the Claim to a Process, Machine, Manufacture or Composition of Matter?
Claims 1-11 recite a gaming system that includes a processor, memory, a display and input interface Thus, the claims are to a machine, which is one of the statutory categories of invention.
Claims 12-21 recite a series of steps for controlling a computer applied to a game system. Thus, these claims are to a process, which is one of the statutory categories of invention.
Step 2A: Prong One: Does the Claim Recite an Abstract Idea?
Claim 1 recites:
A computerized gaming system for facilitating enhanced gaming sessions using advantage spin mechanics, comprising:
at least one hardware processor;
a non-transient memory storing instructions;
a display device coupled to the hardware processor;
at least one input interface for receiving input from a user;
the processor being configured to execute instructions stored in the memory for causing the gaming system to carry out:
initiating, at the system, a first active gaming session of a wager-based first slot game, the first slot game including a first set of slot reels, wherein each slot reel includes a respective plurality of symbols;
executing a first spin of the first set of slot reels in response to a first input from a first player;
determining and displaying, on the display device, a first game outcome of the first spin of the first set of slot reels, the first game outcome comprising a first array of slot game symbols arranged in a first configuration;
causing a computerized game analysis engine to analyze the first game outcome in substantially real-time to identify a first advantage spin activity which may be initiated by the first player in response to the first game outcome;
determining and selecting, in substantially real-time, a first set of selected symbols from the first array of slot game symbols for participation in the first advantage spin activity, wherein the first set of selected symbols includes at least one selected symbol from the first array of slot game symbols, wherein the first advantage spin activity includes executing a randomized spin of only the first set of selected symbols;
calculating, in substantially real-time, a first credit type and a first quantity of credits to be consumed in order to fund execution of the first advantage spin activity during the first active gaming session;
generating, by the gaming system in substantially real-time, a first advantage spin offer for allowing the first player to execute the first advantage spin activity, wherein the first advantage spin offer includes: (i) a first offer to execute the randomized spin of only the first set of selected symbols, and (ii) a first advantage spin offer price specifying the first credit type and the first quantity of credits to be consumed for funding execution of the first advantage spin activity;
displaying details relating to the first advantage spin offer to the first player, including the first offer and the first advantage spin offer price;
causing the gaming system to execute the first advantage spin activity, wherein execution of the first advantage spin activity includes executing the randomized spin of only the first set of selected symbols;
causing the gaming system to consume the first quantity of credits of the first credit type for funding execution of the first advantage spin activity; and
determining and displaying, on the display device, a second game outcome resulting from the execution of the first advantage spin activity, the second game outcome comprising a second array of slot game symbols arranged in a second configuration.
The examiner finds that the foregoing italicized elements recite an abstract idea i.e. mental processes, mathematical operations and certain method of organizing human activity because they describe managing personal behavior or relationships or interactions between people (including social activities, and following rules or instructions). The limitations are
directed to the rules and processes of a wagering game which includes mathematical operations
and the exchange of financial obligations that may be done by hand with pen and paper or
mentally.
Step 2A: Prong Two: Does the Claim Recite Additional Elements That Integrate The Abstract Idea Into a Practical Application?
The elements that are bolded above are the additional elements.
The examiner finds that each of the following additional elements, processor, memory, display and input interface merely recites the words “apply it” (or an equivalent) with the abstract idea, or merely includes instructions to implement the abstract idea on a computer, or merely uses a computer as a tool to perform the abstract idea.
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.
Step 2B: Does the Claim Recite Additional Elements That Amount to Significantly More Than the Abstract Idea?
The examiner finds 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.
Dependent claims 2-11 merely further define the abstract process by defining parameters for the abstract method.
Claims 12-21 recite the same method carried out by the system of claims 1
respectively and are rejected for the same reasons.
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.
(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, 2, 5-13, and 16-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nores US 2008/0318660 A1.
Regarding claims 1 and 12, Nores discloses a computerized gaming system and method for facilitating enhanced gaming sessions using advantage spin mechanics (i.e. respins), comprising: at least one hardware processor (Fig. 15 #1500); a non-transient memory storing instructions (Fig. 15 #1505); a display device coupled to the hardware processor (Fig. 15 #1501, ¶0121); at least one input interface for receiving input from a user (Fig. 15 #1502); the processor being configured to execute instructions stored in the memory for causing the gaming system to carry out: initiating, at the system/method, a first active gaming session of a wager-based first slot game, the first slot game including a first set of slot reels, wherein each slot reel includes a respective plurality of symbols (Figs. 9 & 10B, ¶0091); executing a first spin of the first set of slot reels in response to a first input from a first player; determining and displaying, on the display device, a first game outcome of the first spin of the first set of slot reels, the first game outcome comprising a first array of slot game symbols arranged in a first configuration (Figs. 9 & 10B, ¶0091); causing a computerized game analysis engine to analyze the first game outcome in substantially real-time to identify a first advantage spin activity which may be initiated by the first player in response to the first game outcome (Fig. 9 & 13, ¶0079-0082, ¶0106); determining and selecting, in substantially real-time, a first set of selected symbols (i.e. reel) from the first array of slot game symbols for participation in the first advantage spin activity, wherein the first set of selected symbols includes at least one selected symbol from the first array of slot game symbols, wherein the first advantage spin activity (i.e. respin) includes executing a randomized spin of only the first set of selected symbols (Fig 11, Fig. 13, ¶0078-0082, after the initial game reels spin, the game shows the player potential winning payouts/symbols for re-spinning various reels, the player may then select one or more reels to respin); calculating, in substantially real-time, a first credit type and a first quantity of credits to be consumed in order to fund execution of the first advantage spin activity during the first active gaming session (Fig. 1 #106, Fig. 2, ¶0037-¶0045, for example the game calculates how many credits which are equivalent to a dollar amount, i.e. first credit type, it will cost to respin the selected reel while maintaining a house advantage); generating, by the gaming system in substantially real-time, a first advantage spin offer (i.e. respin offer) for allowing the first player to execute the first advantage spin activity, wherein the first advantage spin offer includes: (i) a first offer to execute the randomized spin of only the first set of selected symbols (i.e. only one reel), and (ii) a first advantage spin offer price specifying the first credit type (i.e. credits equating to a dollar amount) and the first quantity of credits to be consumed for funding execution of the first advantage spin activity (Figs. 4, 11, 12, ¶0032, ¶0036, ¶0044); displaying details relating to the first advantage spin offer to the first player, including the first offer and the first advantage spin offer price (Figs. 4, 11, 12, ¶0032, ¶0036); causing the gaming system to execute the first advantage spin activity, wherein execution of the first advantage spin activity includes executing the randomized spin of only the first set of selected symbols (¶0034, player may select only one reel to respin and the others do not respin); causing the gaming system to consume the first quantity of credits of the first credit type for funding execution of the first advantage spin activity (¶0034, the gaming system subtracts the cost of the respin from the number of credits available); and determining and displaying, on the display device, a second game outcome resulting from the execution of the first advantage spin activity, the second game outcome comprising a second array of slot game symbols arranged in a second configuration (Fig. 14, ¶0035, ¶0100, the reels are respun and any winning outcomes are paid out).
Regarding claims 2 and 13, Nores discloses that the gaming system and method is operable to cause the at least one processor to execute additional instructions for: causing the computerized game analysis engine to analyze the first game outcome in substantially real-time to identify a second advantage spin activity which may be initiated by the first player in response to the first game outcome (Figs. 11 & 12, ¶0096-¶0099, an option to spin a second reel is provided to the player); determining and selecting, in substantially real-time, a second set of selected symbols from the first array of slot game symbols for participation in the second advantage spin activity, wherein the second set of selected symbols includes at least one selected symbol from the first array of slot game symbols, wherein the second advantage spin activity includes executing a randomized spin of only the second set of selected symbols (Figs. 11 & 12, ¶0096-¶0099); calculating, in substantially real-time, a second credit type (i.e. credits equating to a dollar amount, note that first and second credit types can be the same (dollars)) and a second quantity of credits to be consumed in order to fund execution of the second advantage spin activity during the first active gaming session (¶0033, ¶0105); generating, by the gaming system in substantially real-time, a second advantage spin offer for allowing the first player to execute the second advantage spin activity, wherein the second advantage spin offer includes: (i) a second offer to execute the randomized spin of only the second set of selected symbols, and (ii) a second advantage spin offer price specifying the second credit type and the second quantity of credits to be consumed for funding execution of the second advantage spin activity (¶0033, ¶0036, ¶0049-¶0050, ¶0096, ¶0097); displaying details relating to the second advantage spin offer to the first player, including the second offer and the second advantage spin offer price (¶0033, ¶0036, ¶0049-¶0050, ¶0096, ¶0097); displaying a graphical user interface configured or designed to enable the first player to provide at least one second input to the gaming system, wherein the at least one second input includes at least one of: accepting the first advantage spin offer; accepting the second advantage spin offer; declining the first advantage spin offer; and/or declining the second advantage spin offer (Fig,. 4, Fig. 13, ¶0047, ¶0050, ¶0094-¶0099, players may accept or decline respin offers for multiple reels in the game).
Regarding claim 5, Nores discloses comprising a plurality of hardware components, including at least one of: a tablet computing device; a mobile computing device; a smartphone device; a desktop computer system; a laptop computer system; and/or an electronic gaming machine (¶0002, i.e. an electronic gaming machine).
Regarding claims 6 and 16, Nores discloses the gaming system and method being operable to cause the at least one processor to execute additional instructions for: enabling the first player to modify the selection of the first set of selected symbols from the first array of slot game symbols for participation in the first advantage spin activity; and modifying, before execution of the first advantage spin activity, the selection of the first set of selected symbols for participation in the first advantage spin activity in response to a second set of input from the first player (¶0033, the player can decide to decline respinning reel one i.e. the first set of selected symbols, and instead select a different reel to respin thereby modifying the advantage spin activity or decline to respin any reel).
Regarding claims 7 and 17, Nores discloses the gaming system being operable to cause the at least one processor to execute additional instructions for: enabling the first player to modify the selection of the first set of selected symbols from the first array of slot game symbols for participation in the first advantage spin activity; modifying, before execution of the first advantage spin activity, the selection of the first set of selected symbols for participation in the first advantage spin activity in response to a second set of input from the first player; and wherein the first set of selected symbols are arranged in a vertical column of the of the first array of slot game symbols (Fig. 10B, reels are vertical, ¶0033, the player can decide to decline respinning reel one i.e. the first set of selected symbols, and instead select a different reel to respin thereby modifying the advantage spin activity or decline to respin any reel).
Regarding claims 8 and 18, Nores discloses the gaming system being operable to cause the at least one processor to execute additional instructions for: calculating a first win amount based on the first configuration of the first array of slot game symbols representing first game outcome (Fig. 13 #1304); and wherein the selection of the of the first set of selected symbols for participation in the first advantage spin activity is determined based on a probability of increasing a win amount for the first player based on possible outcomes of the randomized spin of only the first set of selected symbols (Fig. 11, ¶0094).
Regarding claims 9 and 19, Nores discloses the gaming system and method being operable to cause the at least one processor to execute additional instructions for: calculating the first advantage spin offer price based, at least in part, on at least one of: a current bet denomination value, and/or a number of lines played in the active game (¶0036, respin cost is based on current active paylines).
Regarding claims 10 and 20, Nores discloses the gaming system and method being operable to cause the at least one processor to execute additional instructions for: causing the gaming system to determine, using a first set of predefined criteria, whether advantage spin game play activity is permitted to be conducted in the first active gaming session; preventing advantage spin game play activity from being conducted in the first active gaming session in response to determining, based on the first set of predefined criteria, that advantage spin game play activity is not permitted to be conducted in the first active gaming session (¶0045, based on jurisdictional rules respins may not be permitted if it is a guaranteed losing wager).
Regarding claims 11 and 21, Nores discloses the gaming system and method being operable to cause the at least one processor to execute additional instructions for: causing the gaming system to determine, using a first set of predefined criteria, whether advantage spin game play activity is permitted to be conducted in the first active gaming session(¶0045); identifying a first game theme or first game title associated with the first active gaming session (Fig. 3 & 4, Sherlock Holmes theme); determining, using the first set of predefined criteria and the first game theme or first game title, whether advantage spin game play activity is permitted to be conducted during the first active gaming session (¶0045, the game theme is Sherlock Holmes and all symbols on the reels are related to the theme, if after the spin of the reels, no winning combination of game related theme symbols could occur with a respin, then the respin may be prohibited based on jurisdictional rules).
Claim Rejections - 35 USC § 103
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) 3, 4, 14 and 15 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Nores US 2008/0318660 A1 in view of Baerlocher US 8,376,836 B2.
Regarding claims 3 and 14, Nores discloses the gaming system and method comprises a cash credit meter (Fig. 3, ¶0034); the gaming system being further operable to cause the at least one processor to execute additional instructions for: adjusting at least one cash credit of the first cash credit meter as a result of the execution of the first spin of the first set of slot reels (Fig. 9 #904, credits are deducted per spin and payouts are added to the credit meter); Nores lacks in disclosing and an advantage spin credit meter.
In an analogous art of wagering gaming systems, Baerlocher teaches of a gaming system including an advantage spin credit meter (i.e. bonus event unit meter) including adjusting at least one advantage spin credit of the first advantage spin credit meter as a result of the execution of the first advantage spin activity (Baerlocher Fig. 5A #130, col. 6 lines 37-47, the bonus event unit meter can be used in bonus events that give players free spins or multipliers, i.e. advantage spins, as the player plays in the bonus events which are advantage spin activities, the bonus unit credit meter is updated with the remaining number of bonus unit credits). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a secondary type of credit meter in the invention of Nores, i.e. an advantage spin credit meter; and then adjust at least one advantage spin credit of the first advantage spin credit meter as a result of the execution of the first advantage spin activity. By using multiple alternative credit meters as taught by Baerlocher, different game play awards or currency can be tracked, used in game play and kept independent from one another thereby helping to maintain the gaming systems volatility by accumulating different types of credits. Furthermore, casinos can then track how much players are wagering on different game events.
Regarding claims 4 and 15, Nores discloses the gaming system and method being operable to cause the at least one processor to execute additional instructions for: managing and tracking transactions at a first electronic gaming device ("first EGD including a cash credit type which is redeemable for cash (Nores ¶0121 #1507); wherein the first advantage spin offer price specifies the first quantity of credits to be consumed for funding execution of the first advantage spin activity (Nores Fig. 4, respin for 5 credits). Nores lacks in disclosing a plurality of different credit types for additional gameplay actions not executable with cash credits including an advantage spin credit type having no cash value.
In an analogous art of wagering gaming systems, Baerlocher teaches of a gaming system with a plurality of different credit types including an advantage spin credit type having no cash value (Baerlocher Fig. 5A #130, col. 6 lines 37-47, bonus event units). The first advantage spin offer price specifies the first quantity of advantage spin credits to be consumed for funding execution of the first advantage spin activity. (Baerlocher, col. 6 lines 37-63, col. 32 lines 29-47, different bonus events cost different amount of bonus event units including free spins/multipliers and are converted and used up based on the bonus event activity). The electronic gaming device is configured or designed to accept the use of alternative credits to facilitate additional gameplay actions not executable with cash credits, including targeted advantage spin opportunities presented via a graphical user interface. (Baerlocher col. 6 lines 37-67, col. 1-48, col. 39 line 4, line 27-30). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a separate advantage spin credit type and meter in the invention of Nores. By using multiple alternative credit meters for various game play advantage/bonus events as taught by Baerlocher, different game play awards or currency can be tracked, used in game play and kept independent from one another thereby helping maintain the gaming systems volatility by accumulating different types of credits and increase play satisfaction and entertainment for the game. Furthermore, it is well known to include various non cashable promotional credits to players and by including multiple credit meters in a game machine, casinos can track currency-based credits from promotional/bonus credits for accounting purposes.
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. It is suggested that applicant review PTO form 892 as many of the references disclose re-spin gaming opportunities and separate credit meters for monitoring transactions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE K BROCKETTI whose telephone number is (571)272-0206. The examiner can normally be reached M-Th 8:00 a.m. - 5:00 p.m..
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, Thomas Barrett can be reached at 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIE K BROCKETTI/Primary Examiner, Art Unit 3700
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