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 .
Procedural Summary
This is responsive to the claims filed 01/16/2025.
Claims 1-20 are pending.
Applicant’s IDS submission is acknowledged and provided herewith.
Claim Objections
Claims 1, 7, 9, 12, 14, 18, and 20 are objected to because of the following informalities:
Claims 1, 9 and 14 recites “a processor within housing.” It should instead read “… a processor within the housing.”
Claims 7, 12, and 18 recites “… an eight quantity” and “…the eight quantity.” It should instead read “the eighth quantity” and “…the eighth quantity.”
Claim 14 recites “.. on one of reels.” It should instead read “… on one of the reels.”
Claim 20 recites “…the first trigging symbol.” It should instead read “…the first triggering symbol.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 8, 13, and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation “the ninth first award set” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation “the ninth first award set” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claims 8 recites the limitation “a randomly determined tenth award set in association with said second triggering symbol, the second award set comprising a tenth quantity of the … variable awards.” Independent claim 1 already defines “the second award set comprising a second quantity of the first plurality of variable awards, wherein the second quantity is greater than one.” It is unclear whether the tenth quantity limitation further limits the second award set or is intended to limit the newly recited tenth award set. Clarification is required.
Claims 13 recites the limitation “a randomly determined tenth award set in association with said second triggering symbol, the second award set comprising a tenth quantity of the … variable awards.” Independent claim 9 already defines “the second award set comprising a second quantity of the first plurality of variable awards, wherein the second quantity is greater than one.” It is unclear whether the tenth quantity limitation further limits the second award set or is intended to limit the newly recited tenth award set. Clarification is required.
Claim 19 recites the limitation “the ninth first award set” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
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 non-statutory subject matter. The claimed invention is directed to non-statutory subject matter because the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. Each of Claims 1-20 has been analyzed to determine whether it is directed to any judicial exceptions. The following diagram is an overview of the steps involved.
Step 1
Step 1 of the two step-analysis considers whether the claims fall into one of the four statutory categories of invention such as a process, machine, manufacture, or composition of matter. The instant invention claims a method of operating a gaming system in claims 1-20. As such, the claimed invention falls into the broad statutory categories of invention. However, claims that fall within one of the four statutory categories may nevertheless be ineligible if they encompass laws of nature, physical phenomena, or abstract ideas.
Step 2A, Prong 1
Under prong 1 of step 2A, the examiner considers whether the claim recites an abstract idea, law of nature or natural phenomenon. The term “abstract idea” is not interpreted as a layperson might. Instead, the term “abstract idea” is interpreted as described in legal opinions by courts.
According to MPEP 2106.04(a):
the Office has set forth an approach to identifying abstract ideas that distills the relevant case law into enumerated groupings of abstract ideas. The enumerated groupings are firmly rooted in Supreme Court precedent as well as Federal Circuit decisions interpreting that precedent, as is explained in MPEP § 2106.04(a)(2). This approach represents a shift from the former case-comparison approach that required examiners to rely on individual judicial cases when determining whether a claim recites an abstract idea. By grouping the abstract ideas, the examiners’ focus has been shifted from relying on individual cases to generally applying the wide body of case law spanning all technologies and claim types.
The enumerated groupings of abstract ideas are defined as:
1) Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP § 2106.04(a)(2), subsection I);
2) Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) (see MPEP § 2106.04(a)(2), subsection II); and
3) Mental processes – concepts performed in the human mind (including an observation, evaluation, judgment, opinion) (see MPEP § 2106.04(a)(2), subsection III).
The limitations of each independent claim recite a series of steps that are certain methods of organizing human activity such as managing behavior or relationships or interactions between people, including following rules or instructions – specifically rules for playing a wagering game. (see MPEP 2106.04(a)(2), subsection II). Under the broadest reasonable interpretation, these limitations recite associating symbol types with categories of prizes and enlarging the prize set based upon a repeat trigger. The Federal Circuit has also held that rules of conducting a wagering game are abstract ideas. In re Smith, 815 F.3d 816 (Fed. Cir. 2016), and In re Marco Guldenaar Holding B.V., 911 F.3d 1157 (Fed. Cir. 2018). The limitations of independent claims 1, 9, and 14, and dependent claims 2-8, 10-13, and 15-20 include the following abstract ideas below in italicized claim language:
“Independent Claim 1 and its dependent claims 2 to 8 recites: “1. A method of operating a gaming system comprising a housing comprising an openable access door, a security monitoring circuit within the housing and configured to monitor the access door, a power distribution component within the housing, a plurality of mechanical input devices supported by the housing, a plurality of output devices comprising a display device supported by the housing and a speaker supported by the housing, a touch screen supported by the housing and associated with the display device, a ticket printer supported by the housing and configured to print a ticket responsive to an activation of one of the input devices, a sound card within the housing and operable with the speaker, a processor within housing (additional elements); and a trusted memory device within the housing (additional element), said method comprising:
causing a display, by the display device (additional element), of a plurality of symbol displays, wherein the symbol displays comprise a plurality of symbols comprising a first triggering symbol, a second triggering symbol, and a third triggering symbol, wherein the first triggering symbol is associated with a first plurality of static awards, the second triggering symbol is associated with a first plurality of variable awards, and the third triggering symbol is associated with a second plurality of static awards and a second plurality of variable awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the first triggering symbol on one of the plurality of symbol displays, and thereafter causing a display, by the display device, of a randomly determined first award set in association with the first triggering symbol, the first award set comprising a first quantity of the first plurality of static awards, wherein the first quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the second triggering symbol on one of the plurality of symbol displays, and thereafter causing a display, by the display device, of a randomly determined second award set in association with the second triggering symbol, the second award set comprising a second quantity of the first plurality of variable awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the second quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the third triggering symbol on one of the plurality of symbol displays, and thereafter causing a display, by the display device, of a randomly determined third award set in association with the third triggering symbol, the third award set comprising a third quantity of the second plurality of static awards and a fourth quantity of the second plurality of variable awards, wherein the third quantity and the fourth quantity are each at least one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the first plurality of static awards and the second plurality of static awards are the same plurality of static awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the first plurality of variable awards and the second plurality of variable awards are the same plurality of variable awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the first plurality of variable awards and the second plurality of variable awards are the same plurality of variable awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the first plurality of variable awards and the second plurality of variable awards are progressive awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the first triggering symbol is only associated with the first plurality of static awards, the second triggering symbol is only associated with the first plurality of variable awards, and the third triggering symbol is only associated with the second plurality of static awards and the second plurality of variable awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of a re-activation of the first triggering symbol, and thereafter causing a display, by the display device, of a randomly determined enhanced first award set in association with the first triggering symbol, the enhanced first award set comprising a fifth quantity of the first plurality of static awards, wherein the fifth quantity is greater than the first quantity (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game);
causing a display, by the display device, of a re-activation of the second triggering symbol, and thereafter causing a display, by the display device, of a randomly determined enhanced second award set in association with the second triggering symbol, the enhanced second award set comprising a sixth quantity of the first plurality of variable awards, wherein the sixth quantity is greater than the second quantity (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of a re-activation of the third triggering symbol, and thereafter causing a display, by the display device, of a randomly determined enhanced third award set in association with the third triggering symbol, the enhanced third award set comprising a seventh quantity of the second plurality of static awards and an eight quantity of the second plurality of variable awards, wherein the seventh quantity is greater than the third quantity and the eight quantity is greater than the fourth quantity (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
for a re-activation of one of the plurality of symbol displays that did not display any of the first triggering symbol, the second triggering symbol, or the third triggering symbol:
causing a display, by the display device, of the first triggering symbol on said symbol display, and thereafter causing a display, by the display device, of a randomly determined ninth award set in association with said first triggering symbol, the ninth first award set comprising a ninth quantity of the first plurality of static awards, wherein the ninth quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game);
causing a display, by the display device, of the second triggering symbol on said symbol display, and thereafter causing a display, by the display device, of a randomly determined tenth award set in association with said second triggering symbol, the second award set comprising a tenth quantity of the first plurality of variable awards, wherein the tenth quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game); and
causing a display, by the display device, of the third triggering symbol on said symbol display, and thereafter causing a display, by the display device, of a randomly determined eleventh award set in association with said third triggering symbol, the eleventh award set comprising an eleventh quantity of the second plurality of static awards and a twelfth quantity of the second plurality of variable awards, wherein the eleventh quantity and the twelfth quantity are each at least one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game).”
“Independent Claim 9 and its dependent claims 10-13 recites: “A method of operating a gaming system comprising a housing comprising an openable access door, a security monitoring circuit within the housing and configured to monitor the access door, a power distribution component within the housing, a plurality of mechanical input devices supported by the housing, a plurality of output devices comprising a display device supported by the housing and a speaker supported by the housing, a touch screen supported by the housing and associated with the display device, a ticket printer supported by the housing and configured to print a ticket responsive to an activation of one of the input devices, a sound card within the housing and operable with the speaker, a processor within housing; and a trusted memory device within the housing (additional elements), said method comprising:
causing a display, by the display device (additional element), of a plurality of symbol displays, wherein the symbol displays comprise a plurality of symbols comprising a first triggering symbol, a second triggering symbol, and a third triggering symbol, wherein the first triggering symbol is associated with a plurality of static awards, the second triggering symbol is associated with a plurality of variable awards, and the third triggering symbol is associated with both the plurality of static awards and the plurality of variable awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the first triggering symbol on one of the plurality of symbol displays, and thereafter causing a display, by the display device, of a randomly determined first award set in association with the first triggering symbol, the first award set comprising a first quantity of the plurality of static awards, wherein the first quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the second triggering symbol on another one of the plurality of symbol displays, and thereafter causing a display, by the display device, of a randomly determined second award set in association with the second triggering symbol, the second award set comprising a second quantity of the plurality of the variable awards, wherein the second quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the third triggering symbol on another one of the plurality of symbol displays, and thereafter causing a display, by the display device, of a randomly determined third award set in association with the third triggering symbol, the third award set comprising a third quantity of the plurality of static awards and a fourth quantity of the plurality of variable awards, wherein the third quantity and the fourth quantity are each at least one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the plurality of variable awards are progressive awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the first triggering symbol is only associated with the plurality of static awards, the second triggering symbol is only associated with the plurality of variable awards, and the third triggering symbol is only associated with the plurality of static awards and the plurality of variable awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of a re-activation of the first triggering symbol, causing a display, by the display device, of a randomly determined enhanced first award set in association with said first triggering symbol, the enhanced first award set comprising a fifth quantity of the plurality of static awards, wherein the fifth quantity is greater than the first quantity; causing a display, by the display device, of a re-activation of the second triggering symbol (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of a randomly determined enhanced second award set in association with said second triggering symbol, the enhanced second award set comprising a sixth quantity of the plurality of variable awards, wherein the sixth quantity is greater than the second quantity (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game), and
causing a display, by the display device, of a re-activation of the third triggering symbol, causing a display, by the display device, of a randomly determined enhanced third award set in association with said third triggering symbol, the enhanced third award set comprising a seventh quantity of the plurality of static awards and an eight quantity of the plurality of variable awards, wherein the seventh quantity is greater than the third quantity and the eight quantity is greater than the fourth quantity (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
for a re-activation of one of the plurality of symbol displays that did not display any of the first triggering symbol, the second triggering symbol, or the third triggering symbol:
causing a display, by the display device, of the first triggering symbol on said symbol display, and thereafter causing a display, by the display device, of a randomly determined ninth award set in association with said first triggering symbol, the ninth first award set comprising a ninth quantity of the plurality of static awards, wherein the ninth quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the second triggering symbol on said symbol display, and thereafter causing a display, by the display device, of a randomly determined tenth award set in association with said second triggering symbol, the second award set comprising a tenth quantity of the plurality of variable awards, wherein the tenth quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game), and
causing a display, by the display device, of the third triggering symbol on said symbol display, and thereafter causing a display, by the display device, of a randomly determined eleventh award set in association with said third triggering symbol, the eleventh award set comprising an eleventh quantity of the plurality of static awards and a twelfth quantity of the plurality of variable awards, wherein the eleventh quantity and the twelfth quantity are each at least one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game).”
Independent Claims 14 and its dependent claims 15-20 recites: “A method of operating a gaming system comprising a housing comprising an openable access door, a security monitoring circuit within the housing and configured to monitor the access door, a power distribution component within the housing, a plurality of mechanical input devices supported by the housing, a plurality of output devices comprising a display device supported by the housing and a speaker supported by the housing, a touch screen supported by the housing and associated with the display device, a ticket printer supported by the housing and configured to print a ticket responsive to an activation of one of the input devices, a sound card within the housing and operable with the speaker, a processor within housing; and a trusted memory device within the housing (additional elements), said method comprising:
causing a display, by the display device (additional element), of a plurality of reels, wherein each reel comprises a plurality of symbols, and each of the reels comprises at least one of a first triggering symbol, a second triggering symbol, and a third triggering symbol, wherein the first triggering symbol is associated with a plurality of static awards, the second triggering symbol is associated with a plurality of variable awards, and the third triggering symbol is associated with the plurality of static awards and the plurality of variable awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the first triggering symbol on one of reels, and thereafter causing a display, by the display device, of a randomly determined first award set in association with the first triggering symbol, the first award set comprising a first quantity of the plurality of static awards, wherein the first quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the second triggering symbol on one of the reels, and thereafter causing a display, by the display device, of a randomly determined second award set in association with the second triggering symbol, the second award set comprising a second quantity of the plurality of variable awards, wherein the second quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the third triggering symbol on one of the reels, and thereafter causing a display, by the display device, of a randomly determined third award set in association with the third triggering symbol, the third award set comprising a third quantity of the plurality of static awards and a fourth quantity of the plurality of variable awards, wherein the third quantity and the fourth quantity are each at least one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the plurality of variable awards are progressive awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the plurality of static awards are all the same awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
wherein the first triggering symbol is only associated with the plurality of static awards, the second triggering symbol is only associated with the plurality of variable awards, and the third triggering symbol is only associated with the plurality of static awards and the plurality of variable awards (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of a re-activation of the first triggering symbol, and thereafter causing a display, by the display device, of a randomly determined enhanced first award set in association with first triggering symbol, the enhanced first award set comprising a fifth quantity of the plurality of static awards, wherein the fifth quantity is greater than the first quantity (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of a re-activation of the second triggering symbol, and thereafter causing a display, by the display device, of a randomly determined enhanced second award set in association with second triggering symbol, the enhanced second award set comprising a sixth quantity of the plurality of variable awards, wherein the sixth quantity is greater than the second quantity (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of a re-activation of the third triggering symbol, and thereafter causing a display, by the display device, of a randomly determined enhanced third award set in association with third triggering symbol, the enhanced third award set comprising a seventh quantity of the plurality of static awards and an eight quantity of the plurality of variable awards, wherein the seventh quantity is greater than the third quantity and the eight quantity is greater than the fourth quantity (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
for a re-activation of one of the reels that did not display any of the first triggering symbol, the second triggering symbol, or the third triggering symbol:
causing a display, by the display device, of the first triggering symbol on said reel, and thereafter causing a display, by the display device, of a randomly determined ninth award set in association with said first triggering symbol, the ninth first award set comprising a ninth quantity of the plurality of static awards, wherein the ninth quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the second triggering symbol on said reel, and thereafter causing a display, by the display device, of a randomly determined tenth award set in association with said second triggering symbol, the tenth award set comprising a tenth quantity of the plurality of variable awards, wherein the tenth quantity is greater than one (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game),
causing a display, by the display device, of the third triggering symbol on said reel, and thereafter causing a display, by the display device, of a randomly determined eleventh award set in association with said third triggering symbol, the eleventh award set comprising an eleventh quantity of the plurality of static awards and a twelfth quantity of the plurality of variable awards, wherein the eleventh quantity and the twelfth quantity are each at least one,
wherein each of the reels comprises each of the first trigging symbol, the second triggering symbol, and the third triggering symbol (abstract idea: certain methods of organizing human activity – following rules for conducting/playing a wagering game).”
The steps/limitations identified above are akin to certain methods of organizing human activity –following a set of rules for conducting/playing a wagering game, which falls within the groupings of abstract ideas. Therefore, the claims recite an abstract idea.
Step 2A, Prong 2
Under prong 2 of step 2A, the examiner considers whether the additional elements in the claims integrate the abstract idea into a practical application. To do so, the examiner looks to the following exemplary considerations, looking at the elements individually and in combination:
an additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field (see MPEP 2106.05(a));
an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition (see Vanda Memo);
an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim (see MPEP 2106.05(b);
an additional element effects a transformation or reduction of a particular article to a different state or thing (see MPEP 2106.05(c)); and
an additional element 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 (see MPEP 2106.05(e)).
Conversely, considerations not indicative of integration include adding words “apply it” (or equivalent) with the judicial exception or mere instructions to implement the abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. (MPEP 2106.05(f)); adding insignificant extra-solution activity (MPEP 2106.05(g)), or generally linking the use of the abstract idea to a particular technological environment or field of use (MPEP 2106.05(h)).
Here, the abstract idea is integrated into a practical application. The additional elements in the claims are “… a housing comprising an openable access door, a security monitoring circuit within the housing and configured to monitor the access door, a power distribution component within the housing, a plurality of mechanical input devices supported by the housing, a plurality of output devices comprising a display device supported by the housing and a speaker supported by the housing, a touch screen supported by the housing and associated with the display device, a ticket printer supported by the housing and configured to print a ticket responsive to an activation of one of the input devices, a sound card within the housing and operable with the speaker, a processor within housing; and a trusted memory device within the housing …” These additional elements are not merely recited at a high level of generality such as a computer or generic device, but instead define a specific regulated electronic gaming machine configuration. The claim further requires the display device of that gaming system to perform the claimed operations/steps, including displaying the plurality of symbol displays, displaying the respective triggering symbols, and displaying the randomly determined award sets associated with those triggering symbols.
When the claims are considered as a whole, the recited gaming system is not merely an intended field of use for the wagering game rules. Rather, the claimed method requires implementation of the wagering game through the specifically recited physical gaming system to carry out the steps of the method. The additional elements integrate the judicial exception into a practical application and the claims are not directed to a judicial exception under Step 2A. Therefore, the claims qualifies as eligible subject matter under 35 U.S.C. 101.
AIA Notice
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.
Prior Art
Upon conducting an updated search, the closest prior art appears to be U.S. Patent 11,640,748 to Marks et al., and U.S. Patent Application Publication 2021/0264732 A1 to Pierer. Marks, in Col. 3, lines 2-35 generally discloses initiate a first feature game including multiple instances, control the display system to present the first feature game; and wherein for each instance of the first feature game, the instructions executed by the control system will: determine an outcome and corresponding display symbols for the instance, the display symbols selected from a feature game symbol set including configurable symbols and non-configurable symbols, wherein multiple of the configurable symbols are value symbols having a respective corresponding value; control the display system to hold each displayed value symbol at its corresponding display symbol position for a subsequent instance of the first feature game; determine that an outcome of an instance of the first feature game includes at least a second trigger symbol establishing a second trigger condition, and in response to the second trigger condition initiate an enhanced feature game having multiple instances; control the display system to present the enhanced feature game; wherein for each instance of the enhanced feature game the instructions executed by the control system further cause the control system to, determine an outcome and corresponding display symbols for the instance, the display symbols selected from an enhanced feature game symbol set including configurable symbols and non-configurable symbols, wherein the configurable symbols include value symbols having respective corresponding values; control the display system to hold any displayed value symbol at its corresponding display symbol position for a subsequent instance of the enhanced feature game; in response to determining that the outcome for an instance includes at least at least a first value symbol, determine whether to increase the corresponding value of the first value symbol; and in response to a determination to increment the corresponding value of the first value symbol, determine whether a corresponding value of the first value symbol was previously incremented, in response to such determination, select a group including multiple possible value increments; select a value increment from the selected tier, and associate the selected value increment with the first value symbol. Pierer , in paragraphs [0014]-[0015], generally discloses upon a game initiation event, the gaming system displays a plurality of reels generating a plurality of symbols. In addition to and independent of the generation of the symbols of the reels, the gaming system generates zero, one or more triggering elements. If at least one triggering element is accumulated in association with each of the reels, then the gaming system triggers a secondary event wherein the quantity of accumulated triggering elements per reel determines the quantity of features, if any, activated per reel. Put differently, a first triggering element accumulated per reel is used to potentially trigger an event (based on at least one triggering element being accumulated for each of the reels) and each additional triggering element accumulated per reel functions to enhance the triggered event. For example, for a first reel with three triggering elements accumulated in association with that reel, the first accumulated triggering element is used to potentially trigger a bonus event and if the bonus event is triggered (because at least one triggering element is accumulated in association with each of the reels), then the second and third accumulated triggering elements are each used to bolster the triggered bonus event by activating additional features with that first reel.
However, Marks and/or Pierer in combination or taken alone, fails to disclose, teach, or reasonably suggest “…causing a display, by the display device, of a randomly determined first award set in association with the first triggering symbol, the first award set comprising a first quantity of the first plurality of static awards, wherein the first quantity is greater than one; causing a display, by the display device, of the second triggering symbol on one of the plurality of symbol displays, and thereafter causing a display, by the display device, of a randomly determined second award set in association with the second triggering symbol, the second award set comprising a second quantity of the first plurality of variable awards, wherein the second quantity is greater than one; and causing a display, by the display device, of the third triggering symbol on one of the plurality of symbol displays, and thereafter causing a display, by the display device, of a randomly determined third award set in association with the third triggering symbol, the third award set comprising a third quantity of the second plurality of static awards and a fourth quantity of the second plurality of variable awards, wherein the third quantity and the fourth quantity are each at least one.” As such, for at least these reasons, Examiner have found these limitations in combination with the other limitations of the claim are neither anticipated by nor obvious over the closest prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and is provided in the Notice of References cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAUNA-KAY HALL whose telephone number is (571)270-1419. The examiner can normally be reached M-F 9:00AM-5:00PM.
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/S.N.H/Examiner, Art Unit 3715
/JAMES B HULL/Primary Examiner, Art Unit 3715
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