Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/28/25 was acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Applicant's claim for domestic priority benefit of Provisional Application no 62/886415, filed 8/14/19, is acknowledged.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. This application discloses and claims only subject matter disclosed in prior application no 16/939164, filed 8/15/20, prior application no 17/982940, filed 11/8/22, prior application no 18/521502, filed 11/28/23, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11501598, claims 1-20 of U.S. Patent No. 11861973 and 12283151. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21-40 of the present application are merely broader in scope than that of U.S. Patent No. 11501598, U.S. Patent No. 11861973 and 12283151. Therefore, U.S. Patent No. 11501598, U.S. Patent No. 11861973 and 12283151 “invention” meets the limitations of the instant application.
Instant Application
U.S. Patent No. 11501598
U.S. Patent No. 11861973
U.S. Patent No. 12283151
21. A system, comprising: one or more processors coupled to non-transitory memory, the one or more processors configured to: provide a set of symbols for presentation in a graphical user interface displayed on a visual display, each symbol of the set of symbols presented in a respective frame of a plurality of frames of the graphical user interface, at least one of the set of symbols comprising a first partial symbol presented within a first frame of the plurality of frames; identify a completed symbol formed by the first partial symbol in the first frame and a second partial symbol in a second frame adjacent to the first frame; determine a first value shown by a first completed symbol formed by the first partial symbol in the first frame and the second partial symbol in the second frame, wherein the first partial symbol is configured to match with a plurality of partial symbols; and cause a credit balance to be adjusted based on the first value shown by the first completed symbol.
1. A method, comprising: receiving, by an electronic gaming machine comprising one or more processors coupled to memory, a game wager associated with a player; distributing, by the electronic gaming machine, a first set of random symbols into an at least 3-column by 3-row frame array displayed on a visual display, each random symbol of the first set of random symbols distributed into a respective frame of the at least 3-column by 3-row frame array, at least one of the first set of random symbols comprising a first partial symbol extending towards an edge of a first frame, wherein the edge of the first frame is adjacent to an edge of an adjacent second frame; identifying, by the electronic gaming machine, a completed symbol formed by the first partial symbol in the first frame and a second partial symbol in the adjacent second frame; identifying, by the electronic gaming machine, a first value shown by the completed symbol in the at least 3-column by 3-row frame array displayed on the visual display; causing, by the electronic gaming machine, a credit balance associated with the player to be adjusted by the first value shown by the completed symbol; distributing, by the electronic gaming machine, responsive to a second game wager associated with the player, a second set of random symbols into the at least 3-column by 3-row frame array, each random symbol of the second set of random symbols distributed into a respective frame of the at least 3-column by 3-row frame array, the second set of random symbols comprising the first partial symbol extending towards an edge of a third frame, wherein the edge of the first frame is adjacent to an edge of an adjacent fourth frame identifying, by the electronic gaming machine, a second value shown by a second completed symbol formed by the first partial symbol in the third frame and a third partial symbol in the adjacent fourth frame, the second value different from the first value; and causing, by the electronic gaming machine, the credit balance associated with the player to be adjusted by the second value shown by the completed symbol.
1. A method, comprising: distributing, by one or more processors coupled to memory, a first set of random symbols into an at least 3-column by 3-row frame array displayed on a visual display, each random symbol of the first set of random symbols distributed into a respective frame of the at least 3-column by 3-row frame array, at least one of the first set of random symbols comprising a first partial symbol extending towards an edge of a first frame of the at least 3-column by 3-row frame array, wherein the edge of the first frame is adjacent to an edge of an adjacent second frame of the at least 3-column by 3-row frame array; identifying, by the one or more processors, a completed symbol formed by the first partial symbol in the first frame and a second partial symbol in the adjacent second frame; determining, by the one or more processors, a first value shown by a first completed symbol formed by the first partial symbol in the first frame and the second partial symbol in the adjacent second frame, wherein the first partial symbol in the first frame is configured to match with a third partial symbol configured to be displayed in the at least 3- column by 3-row frame array to from a second completed symbol showing a second value; and causing, by the one or more processors, a credit balance to be adjusted by the first value shown by the first completed symbol.
1. A system, comprising: one or more processors coupled to memory, the one or more processors configured to: provide a first set of random symbols for presentation in a graphical user interface displayed on a visual display, each random symbol of the first set of random symbols presented in one of at least three columns of the graphical user interface, at least one of the first set of random symbols comprising a first partial symbol presented within a first column of the at least three columns; identify a completed symbol formed by the first partial symbol in the first column and a second partial symbol in a second column adjacent to the first column;determine a first value shown by a first completed symbol formed by the first partial symbol in the first column and the second partial symbol in the second column, wherein the first partial symbol is configured to match with a third partial symbol to form a second completed symbol showing a second value; and cause a credit balance to be adjusted based on the first value shown by the first completed symbol.
31. A method, comprising: providing, by one or more processors coupled to non-transitory memory, a set of symbols for presentation in a graphical user interface displayed on a visual display, each symbol of the set of symbols presented in a respective frame of a plurality of frames of the graphical user interface, at least one of the set of symbols comprising a first partial symbol presented within a first frame of the plurality of frames; identifying, by the one or more processors, a completed symbol formed by the first partial symbol in the first frame and a second partial symbol in a second frame adjacent to the first frame; determining, by the one or more processors, a first value shown by a first completed symbol formed by the first partial symbol in the first frame and the second partial symbol in the second frame, wherein the first partial symbol is configured to match with a plurality of partial symbols; and causing, by the one or more processors, a credit balance to be adjusted based on the first value shown by the first completed symbol.
19. A system, comprising: one or more processors coupled to memory, the one or more processors configured to: receive a game wager associated with a player; distribute a first set of random symbols into an at least 3- column by 3-row frame array displayed on a visual display, each random symbol of the first set of random symbols distributed into a respective frame of the at least 3-column by 3-row frame array, at least one of the first set of random symbols comprising a first partial symbol extending towards an edge of a first frame, wherein the edge of the first frame is adjacent to an edge of an adjacent second frame; identify a completed symbol formed by the first partial symbol in the first frame and a second partial symbol in the adjacent second frame; identify a first value shown by the completed symbol in the at least 3- column by 3-row frame array displayed on the visual display; cause a credit balance associated with the player to be adjusted by the first value shown by the completed symbol, distribute, responsive to a second game wager associated with the player, a second set of random symbols into the at least 3-column by 3-row frame array, each random symbol of the second set of random symbols distributed into a respective frame of the at least 3- column by 3-row frame array, the second set of random symbols comprising the first partial symbol extending towards an edge of a third frame, wherein the edge of the first frame is adjacent to an edge of an adjacent fourth frame; identify a second value shown by a second completed symbol formed by the first partial symbol in the third frame and a third partial symbol in the adjacent fourth frame, the second value different from the first value; and cause the credit balance associated with the player to be adjusted by the second value shown by the completed symbol.
11. A system, comprising: one or more processors coupled to memory, the one or more processors configured to: distribute a first set of random symbols into an at least 3-column by 3-row frame array displayed on a visual display, each random symbol of the first set of random symbols distributed into a respective frame of the at least 3-column by 3-row frame array, at least one of the first set of random symbols comprising a first partial symbol extending towards an edge of a first frame of the at least 3-column by 3-row frame array, wherein the edge of the first frame is adjacent to an edge of an adjacent second frame of the at least 3-column by 3-row frame array; identify a completed symbol formed by the first partial symbol in the first frame and a second partial symbol in the adjacent second frame; determine a first value shown by a first completed symbol formed by the first partial symbol in the first frame and the second partial symbol in the adjacent second frame, wherein the first partial symbol in the first frame is configured to match with a third partial symbol configured to be displayed in the at least 3-column by 3-row frame array to from a second completed symbol showing a second value; and cause a credit balance to be adjusted by the first value shown by the first completed symbol.
11. A method, comprising:providing, by one or more processors coupled to memory, a first set of random symbols for presentation in a graphical user interface displayed on a visual display, each random symbol of the first set of random symbols presented in one of at least three columns of the graphical user interface, at least one of the first set of random symbols comprising a first partial symbol presented within a first column of the at least three columns; identifying, by the one or more processors, a completed symbol formed by the first partial symbol in the first column and a second partial symbol in a second column adjacent to the first column; determining, by the one or more processors, a first value shown by a first completed symbol formed by the first partial symbol in the first column and the second partial symbol in the second column, wherein the first partial symbol is configured to match with a third partial symbol to form a second completed symbol showing a second value; and causing, by the one or more processors, a credit balance to be adjusted based on the first value shown by the first completed symbol.
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.
In the instant application, claim(s) 21-40 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
Claim(s) 21-40 is/are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2A:
However, claim(s) 21-40 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
For instance, regarding independent claim(s) 21, 31,
Prong 1 analysis:
The limitations of “provide a set of symbols for presentation, each symbol of the set of symbols presented in a respective frame of a plurality of frames, at least one of the set of symbols comprising a first partial symbol presented within a first frame of the plurality of frames; identify a completed symbol formed by the first partial symbol in the first frame and a second partial symbol in a second frame adjacent to the first frame; determine a first value shown by a first completed symbol formed by the first partial symbol in the first frame and the second partial symbol in the second frame, wherein the first partial symbol is configured to match with a plurality of partial symbols; and cause a credit balance to be adjusted based on the first value shown by the first completed symbol”, are considered to fall within the certain methods of organizing human activity grouping (managing personal behavior, rules). The mere nominal recitation of generic computer elements does not take the claim out of the methods of organizing human activity grouping. Thus, the claim(s) recites an abstract idea.
Furthermore, dependent claims 22-30, 32-40 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they are merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Prong 2 analysis:
The above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the additional elements “one or more processors coupled to non-transitory memory, the one or more processors, a graphical user interface displayed on a visual display”, are generically recited computer elements that do not improve the functioning of a computer, or any other technology or technical field. Nor do these additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above is not integrated into a practical application under the 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the claimed method and system merely implements the above-identified abstract idea using rules (e.g., computer instructions) executed by a computer. The claimed elements are recited at a high level of generality, and amounts to mere data gathering and data transmission, which is a form of insignificant extra-solution activity. Each of the additional limitations are no more than mere instructions to apply the exception using generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Step 2B:
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using generic computer components cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Furthermore, in view of Berkheimer, the recited additional elements are considered as conventional activity. For instance, Cong (2020/0058197) teaches the recited additional elements (Fig 1-2, ¶¶0023-0029, 0031-0033, 0042-0043).
In addition, with regards to the present claims, the courts have recognized the computer functions as well‐understood, routine, and conventional activities when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
For instance, regarding claims 21-40, each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and rules in In re Smith.
Therefore, claim(s) 21-40 is/are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Claim Rejections - 35 USC § 102
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.
(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) 21-27, 30-37, 40 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cong (2020/0058197).
Re Claim 21,
Cong discloses a system, comprising: one or more processors coupled to non-transitory memory, the one or more processors configured to: provide a set of symbols for presentation in a graphical user interface displayed on a visual display, each symbol of the set of symbols presented in a respective frame of a plurality of frames of the graphical user interface, at least one of the set of symbols comprising a first partial symbol presented within a first frame of the plurality of frames; identify a completed symbol formed by the first partial symbol in the first frame and a second partial symbol in a second frame adjacent to the first frame; determine a first value shown by a first completed symbol formed by the first partial symbol in the first frame and the second partial symbol in the second frame, wherein the first partial symbol is configured to match with a plurality of partial symbols; and cause a credit balance to be adjusted based on the first value shown by the first completed symbol (Fig 2-4, ¶¶0037-0041, 0055, 0057-0058; the grid 104 positions defined by row 120, and adjacent columns 114 and 116 include a first half image and a second half image, respectively, which together form a completed full image in collective grid position. For example, gaming system detects a winning outcome and based on the full image defining a currency value of ten credits).
Re Claims 22, 32,
Cong discloses providing a second set of symbols for presentation in the graphical user interface, the second set of symbols comprising the first partial symbol and a third partial symbol, the first partial symbol displayed adjacent to the third partial symbol to form a second completed symbol; determining a second value shown by the second completed symbol formed by the first partial symbol and the third partial symbol adjacent to the first partial symbol; and causing the credit balance to be adjusted by the second value shown by the second completed symbol (Fig 2-4, ¶¶0037-0041, 0055, 0057-0058).
Re Claims 23, 33,
Cong discloses updating the graphical user interface to indicate the first value shown by the first completed symbol (Fig 2-4, ¶¶0055, 0057-0058).
Re Claims 24, 34,
Cong discloses the set of symbols are presented in the plurality of frames such that at least two symbols of the set of symbols form a second completed symbol (Fig 2-4, ¶¶0055, 0057-0058).
Re Claims 25, 35,
Cong discloses updating the credit balance based on a second value indicated by the second completed symbol (Fig 2-4, ¶¶0055, 0057-0058).
Re Claims 26, 36,
Cong discloses presenting the first partial symbol and the second partial symbol in a first row of the plurality of frames (Fig 2-4, ¶¶0055, 0057-0058).
Re Claims 27, 37,
Cong discloses presenting the plurality of frames in a three-column by three-row arrangement (Fig 2-4, ¶¶0055, 0057-0058).
Re Claims 30, 40,
Cong discloses storing an image segmented into a plurality of partial symbols, the image associated with an award for completion of the image via a corresponding arrangement of the plurality of partial symbols within the plurality of frames presented in the graphical user interface (Fig 2-4, ¶¶0031-0033, 0055-0058).
Re Claim 31,
Claim is substantially similar to claim 21. See claim 21 for rejection.
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) 21, 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dunaevsky et al. (2005/0261052).
Re Claim 21,
Dunaevsky discloses a system, comprising: one or more processors coupled to non-transitory memory, the one or more processors configured to: provide a set of symbols for presentation in a graphical user interface displayed on a visual display, each symbol of the set of symbols presented in a respective frame of a plurality of frames of the graphical user interface, at least one of the set of symbols comprising a first partial symbol presented within a first frame of the plurality of frames; identify a completed symbol formed by the first partial symbol in the first frame and a second partial symbol in a second frame adjacent to the first frame; determine a first value shown by a first completed symbol formed by the first partial symbol in the first frame and the second partial symbol in the second frame, wherein the first partial symbol is configured to match with a plurality of partial symbols; and cause a credit balance to be adjusted based on the first value shown by the first completed symbol (Fig 1-5, ¶¶0007, 0016-0024, 0034-038; the gaming system provides an equivalent award of the whole images when two adjacent partial images formed the whole images).
Re Claim 31,
Claim is substantially similar to claim 21. See claim 21 for rejection.
Conclusion
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/JASON T YEN/Primary Examiner, Art Unit 3715
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