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 system comprising:
a plurality of electronic gaming machines (EGMs);
a secure communications network; at least one interactive display device; and a controller communicatively linked to the plurality of EGMs and to the interactive display device, wherein the controller is configured to:
receive, via the secure communications network, a communication from at least one of the plurality of EGMs indicating a current game state of the at least one EGM;
determine that the current game state indicates that the at least one EGM has entered a shared bonus mode that is open to receiving further players to increase a payout amount of a prize offered in the shared bonus mode;
generate a control signal for the at least one interactive display device indicating that specific data are to be presented on the interactive display device to notify other potential players that the shared bonus mode on the EGM is open to receiving additional players; and
provide the generated control signal to the at least one interactive display device, such that the at least one interactive display device presents the data according to the control signal.
Claim 19 recites:A computer-implemented method comprising:
receiving, via a secure communications network, a communication from at least one of a plurality of EGMs indicating a current game state of the at least one EGM;
determining that the current game state indicates that the at least one EGM has entered a shared bonus mode that is open to receiving further players to increase a payout amount of a prize offered in the shared bonus mode;
generating a control signal for at least one interactive display device indicating that specific data are to be presented on the interactive display device to notify other potential players that the shared bonus mode on the EGM is open to receiving additional players; and
providing the generated control signal to the at least one interactive display device, such that the at least one interactive display device presents the data according to the control signal.
Claim 20 recites:A non-transitory computer-readable medium comprising one or more computer-executable instructions that, when executed by at least one hardware processor of a computing device, cause the hardware processor to:
receive, via a secure communications network, a communication from at least one of a plurality of EGMs indicating a current game state of the at least one EGM;
determine that the current game state indicates that the at least one EGM has entered a shared bonus mode that is open to receiving further players to increase a payout amount of a prize offered in the shared bonus mode;
generate a control signal for at least one interactive display device indicating that specific data are to be presented on the interactive display device to notify other potential players that the shared bonus mode on the EGM is open to receiving additional players; and
provide the generated control signal to the at least one interactive display device, such that the at least one interactive display device presents the data according to the control signal.
[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: receiving a communication from at least one of a plurality of EGMs indicating a current game state of the at least one EGM; determining that the current game state indicates that the at least one EGM has entered a shared bonus mode that is open to receiving further players to increase a payout amount of a prize offered in the shared bonus mode; generating a control signal for at least one interactive display device indicating that specific data are to be presented on the interactive display device to notify other potential players that the shared bonus mode on the EGM is open to receiving additional players; and providing the generated control signal to the at least one interactive display device, such that the at least one interactive display device presents the data according to the control signal.)
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 and 19-20 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: controller and communications network.
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);
Rehill et al., US 10726678 discloses that it is well known to one of ordinary skill in the graphical user interfaces are arranged to display information regarding a program, software application or other element associated with a computing device (Col 22, lines 44-47);
DeLeon, US 20060116207, discloses that network communication between a central network computer system and the various gaming machines are conventional and well known in the field of gaming devices (paragraph 18);
Cockrell, Jr., US 20070057464, discloses that computer systems for implementing games can be suitable general-purpose computers having a processor and memory and are well known to one of ordinary skill in the art (paragraph 69);
Geisner, US 20080242421, discloses processors can be general purpose processor for implementing online games and are well known to one of ordinary skill in the art (paragraph 24, 34, 52);
Vancura, US 20120064961, discloses that, in general, the operating hardware and software necessary to implement a casino-based game is well known and is based on one or more communicatively interconnected controllers, processors, or microprocessors found within such a casino game (paragraph 26);
Saffari, US 20030050111, discloses a conventional gaming machine (system) comprising an input device used to play a game, processor to implement the game, memory device, and/or display are used to allow a player to play a game to a determined outcome (paragraph 2);
Hafezi, US 20130344945 discloses that network interfaces for communication amount gaming machines are well-known to one of ordinary skill in the art (paragraph 48);
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 2-18 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.
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)(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.
Claims 1, 8, 14, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Acres , US 20110159940 (Acres)
Regarding Claims 1, 19-20. Acres discloses a system/computer-implemented method/non-transitory computer readable medium comprising:
a plurality of electronic gaming machines (EGMs) (Fig 3, elem 70; para 48);
a secure communications network (Fig 3, elem 50; para 48); and
at least one interactive display device; and
a controller communicatively linked to the plurality of EGMs (Fig 3, elem 60; para 48) and to the interactive display device, wherein the controller is configured to:
receive, via the secure communications network, a communication from at least one of the plurality of EGMs indicating a current game state of the at least one para 60, 63, 66, 76, 98, 103, 107-108, 111, 121-126. When a gaming machine is a linked manner, this interpreted as the gaming machine being in a current a game state.);
determine that the current game state indicates that the at least one EGM has entered a shared bonus mode that is open to receiving further players to increase a payout amount of a prize offered in the shared bonus mode (para 60, 63, 66, 76, 98, 103, 107-108, 111, 121-126. When a gaming machine is configured in a linked manner, this means the gaming machine is in a shared bonus mode and open to receiving further players for an enhanced payout.);
generate a control signal for the at least one interactive display device indicating that specific data are to be presented on the interactive display device to notify other potential players that the shared bonus mode on the EGM is open to receiving additional players (Fig 5A; para 60, 63-66, 76, 98, 103, 107-108, 111, 121-126); and
provide the generated control signal to the at least one interactive display device, such that the at least one interactive display device presents the data according to the control signal (Fig 5A; para 60, 63, 66, 76, 98, 103, 107-108, 111, 121-126. The figure depicts how a generate signal is represented on a second gaming machine in which a second player can join the first player for a shared bonus.).
Regarding Claim 8. Acres discloses the system of claim 1, wherein the interactive display device receives inputs from users and modifies guidance information according to the received inputs (Fig 5A; para 79, 105. Depending on the money that is input by a user, guidance information being provided on what the user would do is displayed accordingly, such as whether or not the gaming machine will link with another player for shared bonus.).
Regarding Claim 14. Acres discloses the system of claim 1, wherein the generated control signal is provided to a potential player’s smartphone for display and interaction (para 18, 48, 61. Since the gaming device can be played on a phone, this is interpreted as a control signal being provided on a player’s smartphone.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Acres, US 20110159940 (Acres) as applied to the claims above, and further in view of
Pacey et al., US 20100105482 (Pacey)
Regarding Claim 7. Acres discloses the system of claim 1, but failed to disclose wherein the interactive display device provides specific advertisement information for certain specified electronic wagering games.
However, Pacey discloses that when it comes to users in wagering game environment, such users can be provided with specific advertisement information for certain specified electronic wagering games (Abstract, para 14, 67, 95).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate Pacey’s teachings because it would would allow Acres’ invention to be provided with targeted ads to users as taught by Pacey.
Claim 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Acres, US 20110159940 (Acres) as applied to the claims above, and further in view of
Yi et al., US20200265683 (Yi)
Regarding Claim 15. Acres discloses the system of claim 1, but failed to disclose wherein the interactive display device presents a quick-response (QR) code that is scanned by a potential player’s smartphone and, upon performing the scanning, the potential player’s smartphone provides with real time GPS walking instructions to at least one specified zone.
However, Yi discloses of a gaming system for providing shard bonuses in which an interactive display device presents a quick-response (QR) code that is scanned by a potential player’s smartphone and, upon performing the scanning, the potential player’s smartphone provides with real time GPS walking instructions to at least one specified zone (para 69) because it would allowed invited player to take part in sharded distribution bonus (para 69).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate Yi’s teachings with Acres because it would allow players to take part in shared distribution of the bonus of Acres as taught by Yi.
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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