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 .
Subject Matter Eligibility
In light of the 2019 PEG, claims 1-20 appear to meet the requirements of §101 as the claimed steps, at least under Step 2A Prong 1, do not appear to recite or fall within the grouping of abstract ideas laid out in the 2019 PEG, for example, the step of: the second reel strip still spinning during the replacement of the one or more first replaceable symbols (See at least lines 15-17 in claim 1, wherein independent claims 9 and 16 also recite similar limitations), does not appear to recite an abstract idea. Therefore, corresponding claims 1-20 do not appear to be directed to a judicial exception and qualify as eligible subject matter under §101.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of US Patent No. 11,983,987. Although the claims at issue are not identical, they are not patentably distinct from each other because the inventions are directed to substantially similar subject matter. The subject matter claimed in the instant application is anticipated by the referenced US Patent, as follows: the difference between independent Claim 1 of instant application, 19/038300 and Claim 1 of US Patent No. 11,983,987 are highlighted in the following table.
Claim 1 of 19/038300
Claim 1 of 11,983,987
An electronic gaming device comprising:
An electronic gaming device comprising:
at least one memory with instructions and reel strip data stored thereon, the reel strip data associated with a plurality of symbols on a plurality of reel strips; and
at least one memory with instructions stored thereon; and
at least one processor in communication with the at least one memory, wherein the instructions, when executed by the at least one processor, cause the at least one processor to:
at least one processor in communication with the at least one memory, wherein the instructions, when executed by the at least one processor, cause the at least one processor to:
cause the plurality of reel strips to be provided as spinning for an electronic game;
cause a first reel strip of the plurality of reel strips to stop spinning while remaining reel strips of the plurality of reel strips are still spinning, the remaining reel strips including a second reel strip;
cause display of a first plurality of symbols for an electronic game in a first display area, wherein the first plurality of symbols includes a first upgrade symbol;
based upon a first trigger symbol being displayed on the first reel strip, perform a lookup in the reel strip data for a first association between the first trigger symbol and one or more first replaceable symbols on the second reel strip;
determine that a second display area comprising a plurality of reel strips for the electronic game that are still being spun includes at least one replaceable symbol on at least one reel strip of the plurality of reel strips;
cause the one or more first replaceable symbols on the second reel strip to be replaced with one or more first upgrade symbols based upon the first association, the second reel strip still spinning during the replacement of the one or more first replaceable symbols;
based on the first upgrade symbol and the at least one replaceable symbol being included in the plurality of reel strips still being spun: cause display of an animation indicating that the at least one replaceable symbol will be replaced; and cause the at least one replaceable symbol to be replaced with a second upgrade symbol on the at least one reel strip of the plurality of reel strips;
cause the first trigger symbol to be replaced by a second upgrade symbol on the first reel strip based upon the reel strip data;
and cause the remaining reel strips to stop spinning.
and cause display of the plurality of reel strips still being spun to stop spinning.
Prior Art
The Examiner notes that after a thorough search on the claims as currently presented, the claims currently overcome prior art. The closest prior art found to date are the following:
Caputo et al. (US 2012/0172106 A1) discloses the concept of providing a slot or reel game which includes one or more reel upgrade triggers, when the reel upgrade trigger occurs in or for a play of a game, one or more of the reels are changed for that play of the game, and for each changed reel, the reel upgrade trigger cause that reel to be changed such that the player is more likely to obtain one of the winning symbol combinations in the play of the game.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and is listed on the attached Notice of References Cited.
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/CHASE E LEICHLITER/Primary Examiner, Art Unit 3715
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