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 .
Election/Restrictions
Claims 3-22, 25-44, 47-66 and 69-88 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 14, 2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 23, 24, 45, 46, 67 and 68 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pub. 2024/0362968 by Lyons.
Regarding claim 1, Lyons discloses a gaming method comprising: at least partially developing executable instructions or computer readable files related to a game of chance using an artificial intelligence game design system based upon machine learning training including (para. 19 – see AI and ML based creation of original gaming content): analyzing past game performance (para. 68-75 – see analysis of the game performance data prompts from the machine gameplay); utilizing a media encoding and transcoding router to (i) change input data type to a different media format or consolidate the input data type to a specific file type and (ii) direct the changed or consolidated input data type to a specific neural network in a transformer process (para. 47-67 – see transformation of data into prompts for processing); and selecting an output with a higher probability variable (para. 76 – see generation of original math content, see also better odds at para. 82); and utilizing the at least partially developed executable instructions or computer readable files to present and allow play of the game of chance for a gaming machine (para. 76-82 – see generation and presentation of math/paytable odds), the gaming machine including at least one of a monetary input device configured to receive a physical item associated with a monetary value and/or cashless wagering, a user interface, at least one processor for running the at least partially developed executable instructions or computer readable files related to the game of chance, a game display and memory in communication with the at least one processor and/or an online or mobile gaming platform, wherein the online or mobile gaming platform comprises a computing device, remote server, or cloud-based system that executes the at least partially developed and/or executable instructions to present and allow remote gameplay (fig. 2; para. 25-37 – see the display, processor, input device, value input/payment devices, etc.).
Regarding claim 2, Lyons discloses the gaming method of claim 1 wherein the artificial intelligence game design system includes at least an artificial intelligence game math design system module utilizing at least partially supervised machine learning training to at least partially develop executable instructions or computer readable files for a game of chance (para. 76-82 – see generation and presentation of math/paytable odds; para. 89 – see training model control).
Regarding claims 23, 24, 45, 46, 67 and 68, these claims are rejected as noted above regarding claims 1 and 2, mutatis mutandis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER J IANNUZZI whose telephone number is (571)272-5793. The examiner can normally be reached M-F 9:30AM-5:30PM EST.
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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3715
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