Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 (What is the statutory category?):
Claims 1-20 are drawn to at least one of the four statutory categories of invention (ie: process, machine, manufacture, or composition).
Step 2A; Prong I (Does the claim recite an abstract idea?):
Claim 1 recites:
A gaming system comprising:
a housing comprising an openable access door;
a security monitoring circuit within the housing and configured to monitor the openable access door, and that causes a signal to be sent to a remote server when the access door is opened;
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 sound card within the housing and operable with the speaker;
a processor within the housing; and
a trusted memory device within the housing and that stores a plurality of instructions, that when executed by the processor, cause the processor to:
cause a display, by the display device, of a play of a game initiated by an activation of one of the mechanical input devices and a determined outcome for the play of the game, the determined outcome comprising one or more of a plurality of different physical components of the game, wherein the play of the game has an average expected return based on data stored by the trusted memory device, and
selectively cause a non-linear adjustment to the average expected return for the play of the game without physically changing or reconstructing any of the displayed one or more of the plurality of different physical components of the game by:
causing a display, by the display device, of a base amount determined based on the determined outcome for the play of the game,
(a) wherein if the base amount is less than or equal to a minimum designated amount, wherein the minimum designated amount is 0, the base amount is not displayed, by the display device, with a first extra amount or with a second extra amount,
(b) wherein if the base amount is greater than the minimum designated amount, if a determined multiplier is above a first minimum multiplier determined outcome, if the base amount is equal to or greater than a minimum extra amount threshold, and if the base amount is equal to or less than a maximum extra amount threshold, wherein the maximum extra amount threshold is 119.90,the base amount is displayed, by the display device, with the first extra amount, and
(c) wherein if the base amount is less than the minimum extra amount threshold or greater than the maximum extra amount threshold, the base amount is not displayed, by the display device, with the first extra amount or with the second extra amount, and the first extra amount is added to an escrow pool maintained by the processor without any display, by the display device, that the extra amount is added to the escrow pool.Claim 9 recites:A gaming system comprising:
a housing comprising an openable access door;
a security monitoring circuit within the housing and configured to monitor the openable access door, and that causes a signal to be sent to a remote server when the access door is opened;
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 sound card within the housing and operable with the speaker;
a processor within the housing; and
a trusted memory device within the housing and that stores a plurality of instructions, that when executed by the processor, cause the processor to:
cause a display, by the display device, of a play of a game initiated by an activation of one of the mechanical input devices and a determined outcome for the play of the game, the determined outcome comprising one or more of a plurality of different physical components of the game, wherein the play of the game has an average expected return based on data stored by the trusted memory device, and
selectively cause a non-linear adjustment to the average expected return for the play of the game without physically changing or reconstructing any of the displayed one or more of the plurality of different physical components of the game by:
causing a display, by the display device, of a base amount determined based on the determined outcome and a first extra amount based on a determination by the processor to provide the first extra amount responsive to the base amount being greater than a minimum designated amount and based on a determined first multiplier, wherein the minimum designated amount is 0,
causing a display, by the display device, of an indication of a determination by the processor of the first extra amount if the base amount is equal to or less than a maximum extra amount threshold and the base amount is equal to or greater than a minimum extra amount threshold, wherein the maximum extra amount threshold is 119.90, and
causing a display, by the display device, of the base amount determined by the processor based on the determined outcome and a second extra amount based on a determination by the processor not to provide the first extra amount and based on a determination by the processor that an escrow pool maintained by the processor is sufficient to provide a second extra amount, and a determination by the processor of the second extra amount.
Claim 14 recites:A gaming system comprising:
a housing comprising an openable access door;
a security monitoring circuit within the housing and configured to monitor the openable access door, and that causes a signal to be sent to a remote server when the access door is opened;
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 sound card within the housing and operable with the speaker; a processor within the housing; and
a trusted memory device within the housing and that stores a plurality of instructions, that when executed by the processor, cause the processor to:
cause a display, by the display device, of a play of a game initiated by an activation of one of the mechanical input devices and a determined outcome for the play of the game, the determined outcome comprising one or more of a plurality of different physical components of the game, wherein the play of the game has an average expected return based on data stored by the trusted memory device, and
selectively cause a non-linear adjustment to the average expected return for the play of the game without physically changing or reconstructing any of the displayed one or more of a plurality of different physical components of the game by:
causing a display, by the display device, of a base amount determined based on the determined outcome and if the base amount is less than or equal to a minimum designated amount, wherein the minimum designated amount is 0, causing a display, by the display device, of the base amount and a first extra amount if:
(a) the base amount is greater than the minimum designated amount,
(b) the base amount is equal to or greater than a minimum extra amount threshold,
(c) the base amount is equal to or less than a maximum extra amount threshold, wherein the maximum extra amount threshold is 119.90, and
(d) a determined first multiplier from a first set of different multipliers is above a first minimum multiplier determined outcome, wherein if the base amount is less than the minimum extra amount threshold or greater than the maximum extra amount threshold, the first extra amount is added to an escrow pool maintained by the processor and not displayed by the display device or any other display device of the gaming system, and
causing a display, by the display device, of the base amount if the determined first multiplier is equal to or less than a first minimum multiplier, if the escrow pool is less than a minimum pool amount, and if a determined second multiplier from a second set of different multipliers is equal to or less than a second minimum multiplier, and
causing a display, by the display device, of the base amount and a second extra amount if the determined first multiplier is equal to or less than a first minimum multiplier, if the escrow pool is less than a minimum pool amount, and if the determined second multiplier is greater than the second minimum multiplier, wherein the second extra amount is based on the base amount and the determined second multiplier.
[the Examiner submits that the foregoing underlined elements recite certain method of organizing human activity because they describe “managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)”]
According to the 2019 Revised Patent Subject Matter Guidelines, Certain Methods of Organizing Human Activity, Managing Personal Behavior or Relationships or Interactions Between People (e.g. social activities, teaching, and following rules or instructions) "encompasses both activity of a single person (for example a person following a set of instructions) and activity that involves multiple people (such as a commercial or legal interaction). Thus, some interactions between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within this grouping." (Emphasis added)
To further elaborate on the Examiner’s interpretation regarding the claimed invention being directed towards certain methods of organizing human activity, the Examiner believes the invention describe managing interactions between people and machine (ie: a gaming machine) in which rules or instructions for the gaming machine is being implemented (ie: providing an extra award feature in a gaming environment, wherein the extra award feature provides an easier way than known methods for providing non-linear adjustments to the average expected return for the player for a play of a game without changing or reconstructing the underlying components of the game or any related game.)
Step 2A; Prong II (Does the claim recite a practical application?):
The Examiner submits 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.
The dependent claims 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 instructions to implement the abstract idea on a computer, or use a computer as tool to perform the abstract idea.
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.
The abstract idea is not integrated into a practical application for the following reasons. The claim elements of claims 1, 9, and 14 above that are not underlined constitute additional limitations.
The Examiner submits that the following additional limitation merely uses a computer as a tool to perform the abstract idea: a housing, access door, a security monitoring circuit, server, a power distribution component, input devices, display device, speaker, a sound card, a processor, trusted memory device.
The Examiner finds that there are concepts regarding the application that simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality. For example:
Bregenzer, US 20040224745 discloses that it is well understood that software and firmware that controls for a casino-based game is stored on various memory devices, such as a ROM, EPROM, EEPROM, flash memory, hard drive, disk drive, or other alterable or inalterable memory or memories, and that the memory devices are linked to the processor or processors (paragraph 28);
Krynicky, US 20050266909, discloses that slot machines are also well known in the art and comprise a row or rows of reels (or simulated reels) having symbols positioned about the face of each reel (paragraph 5); Guinn et al., US 20140094274 discloses that display devices for a gaming machine may comprise a plasma, LED, OLED, LCD, CRT, projection, or transmissive display device and are well-known to one of ordinary skill in the art (paragraph 38);
Loose et al., US 20130157751 discloses that a display device for a gaming machine may include, for example, a mechanical-reel display, a video display, a transmissive display assembly, other known display devices, and combinations thereof (paragraph 36);
Slomiany, US 8460092, discloses that it is well known in the art, the expected value (EV) of a bonus game is the sum of each possible result, weighted by the respective probability of that result (Col 11, lines 30-33);
Simongini et al., US 20150072770 discloses that the structure of system memory 104 is well known to those skilled in the relevant field of technology and may include a basic input/output system (BIOS) stored in a read only memory (ROM) and one or more program modules such as operating systems, application programs and program data stored in random access memory (RAM) (paragraph 46);
Mattice et al., US 20050014559 discloses that technological advances in the field of electronics and computers tend to precede many needed and desirable security and authentication systems, and it is well known that hackers, thieves and cheats sometimes defeat even the most well designed and secured devices, machines and networks. In light of the various concerns related to using such items, many entities, both public and private, have various requirements for security on their electronic machines, systems and networks. One example of an electronic device or machine requiring heightened security and authorization capabilities is a gaming machine (i.e., slot machine or other gambling device). (paragraph 2);
Fujimaki et al., US 20140114890 discloses that it is well known to one of ordinary skill in the art that a computer includes an input device, a central processing unit (CPU), a storage device (for example, a RAM) for storing data, a program memory (for example, a ROM) for storing a program, and an output device (paragraph 50);
Pecenik et al., US 20170092069, discloses that output device for a gaming machine is well-known to one of ordinary skill in the art and may comprise any number or combination of a variety of well-known devices, including, without limitation: a display device, a light-emitting diode (LED), an audio speaker, an electric motor, a printer, a coupon or product dispenser, an infra-red port (e.g., for communicating with a second game machine), a Braille computer monitor, a coin and/or bill dispenser, a bell, an LED display (e.g., for displaying a players credit balance) (paragraph 82);
Vuong et al., US 20030195037, discloses that when it comes to gaming machines, such gaming machines comprises cabinets and are well-known in the field (paragraph 11);
Mitelman, US 20090270163, discloses that a minimum return-to-player percentage (RTP) is usually predetermined by legislation and, to avoid the problem that unskilled players may not reach that RTP, known gaming systems are designed so that the overall outcome of the game is largely independent of the skill of the player (paragraph 4);
Carson, Jr. et al., US 20100248814 discloses that it is common to in the wagering game industry that when it comes to gaming machines that implements the input and output of money, security measures need to be taken regarding access to such gaming machines and describes how one such way one common way theft occurs is through accessing via doors on the gaming machine and that a typical method of preventing such theft is via sensors on the access doors for detecting whether access has occurred as well as going on to further disclose wherein game play of the gaming machine do not resume normal play while access doors are opened (paragraphs 1-8)
Bradford et al., US 6709333, discloses that it is well known that gaming machines can comprise conventional mechanical and electrical components such as power supplies (Col 33, lines 51-65);
Kadlic, US 5,816,915, discloses that a credit input mechanism (coins and bill acceptors) and ticket reader are conventional and well known in the art which would mean the sensing of physical items such as coins and bills that are associated with monetary value via an acceptor are well known in order to allow players to make wagers (col. 3, lines 35-59);
Culp et al., US 20200242885 discloses that conventional gaming machines can comprise a cabinet with an access door that is lockable in which the door can be sensed, via electrical sensing device (ie: a power distribution component), if is open for providing security access to the cabinet (paragraph 24);
Lyons, US 20120004033 discloses that it is well known in the field of gaming that input devices, such as buttons, can be used for player inputs as well as display screens, such as a touch-screen, for providing gaming output to the player (paragraph 4).
Nguyen et al., US 20050215325 discloses that gaming machines can comprise many peripherals well-known to one of ordinary skill in the art, and that such devices can include, for example, a secondary or tertiary video display, which may include a separate display controller, one or more speakers, for which an audio amplifier may be included, various individual bulbs or lights, which may require a separate serial light controller, a separate progressive jackpot display, which may require its own specialized controller, a ticket printer and printer controller, a stepper motor and motor controller, and a generic top box peripheral device, further disclosing that such a generic device can be any other top box peripheral as desired, such as a player tracking unit, wherein such a player tracking unit may include a dedicated memory unit configured to store various items, such as, for example, player tracking software or other data collection software, device drivers for many types of player tracking devices, and communication protocols (e.g., TCP/IP) that allow the player tracking unit to communicate with other devices, among others (paragraph 52);
Muir, US 20030013522, discloses that it is well-known to one of ordinary skill that memory is used for storing computer programs and/or routines for carrying out instructions of said instructions (paragraph 45);
Ang, US 20180130285, discloses that it is well-known to one of ordinary skill in the art that the function or functions of applications can be implemented in varying ways for gaming using well-known components such as a processor and memory (paragraph 69);
Colvin et al., US 20210343119, discloses that electronic gaming machines may be controlled by mechanical buttons, electromechanical buttons, electronic buttons, LED touch screens or similar as well-known in the art which can include, but not limited to play buttons, denomination buttons, sound adjust buttons, help buttons, speed buttons, etc. (paragraph 203);
Gray et al., US 5086429, discloses that it is well known to one of ordinary skill in the art that prior art employ redundancy in the form of error checking bits to make memories fault tolerant (Col 2, lines 3-11).
The above helps to suggest that the claimed components are no more than generic well-known components.
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; there is no additional element that 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; the additional elements merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea; the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use.
Step 2B (Are there additional elements that are “something more” than an abstract idea?):
Dependent Claims 2-8, 10-13, 15-20 do not include additional elements that are sufficient to 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. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
In addition, with regards to dependent claims, the courts have recognized the computer functions as well-understood, routine, and conventional activities when they are claimed in a merely generic manner (ie: at a high level of generality) or as insignificant extra-solution activity because 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 selecting information, based on types of information, for collection, analysis and display in EPG, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and performing repetitive calculation in Flook, Bancorp.
Therefore, the dependent claims are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY K WONG/Primary Examiner, Art Unit 3715
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