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 .
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 therefore, 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 non-statutory subject matter.
Step 1: It must be determined whether the invention falls into one of the four statutory categories of invention. Claims 1 – 10 are directed towards a method, (process), and claims 12 – 20 are directed towards a machine, which is are statutory categories of invention.
Step 2a:
Prong 1: It must be determined whether the invention is directed to judicially recognized exception. Claim 1 is analyzed below with limitations indicating recitations of an abstract idea.
1. A method of operating a gaming machine, the method comprising the operations of: presenting, by a presentation assembly of a graphical user interface, an array and a plurality of reels bearing blanks and a plurality of symbols, wherein each of the plurality of symbols is unique in appearance, has an associated game enhancement and is initially in a locked state; for each invocation of a bonus game: determining an unlock condition for each of the plurality of symbols; displaying, via the presentation assembly, each of the plurality of symbols ranked from most likely to be unlocked to least likely to be unlocked according to their respective unlock conditions; animating, via the presentation assembly, a series of spins of the reels to land symbols from the reels in the array, for each spin of the reels: holding any landed symbol in its respective position in the array; unlocking one or more locked of the plurality of symbols if their respective unlock condition has been met, wherein unlocking the one or more of the plurality of symbols activates its associated game enhancement; and animating, via the presentation assembly, the application of active game enhancements.
The abstract idea is defined by the underlined portions exemplary claim 1, with substantially similar features found in claim 11. Dependent claims 2 – 10 and 12 - 20 further define the abstract idea or relate to the implementation of the abstract idea. The abstract idea is defined in at least the following grouping below:
Mental processes (observation, evaluation, judgment)
The claims are directed towards an abstract idea of rules for conducting a game which falls into the category of mental processes, (See MPEP 2106.04(a)(2)(III)). More specifically, the claimed invention recites a gaming machine comprising a set of reels and gaming symbols, wherein the claims further disclose a bonus game comprising a plurality of symbols in a locked state, wherein the symbols are unlocked when an unlocked condition has been met during spins of the reels of the bonus game. The claimed invention can be practically performed as a mental process by a human managing a game comprising reels and symbols. A human can take control of the game and make game determinations in their mind. (Voter Verified, Inc. v. Election Systems & Software, LLC, 887 F.3d 1376, 1385, 126 USPQ2d 1498, 1504 (Fed. Cir. 2018).
The claims are also directed towards a series of steps which can practically be performed by one or more humans, which fall into the category of mental processes, (See MPEP 2106.04(a)(2)(III)). More specifically, the claimed invention recites a gaming machine comprising a plurality of symbols and reels, wherein the symbols are displayed in a locked state during initiation of a bonus game, wherein the gaming machine further discloses determining an unlock condition for the locked symbols, displaying a probability ranking of the locked symbols, and displaying an animation of the spinning of the reels corresponding to the unlocking of the symbols and game enhancements associated with the unlocked symbols. The claims recite instructions with these features. Here, a human the displaying of the plurality of symbols, the activation of a bonus game, the displaying of the locked symbols associated with the bonus game, wherein a human make a determination of a next step to make corresponding to the unlocking of the locked symbols. For example, in the event that a user is playing a slot machine, a human can observe the animation of the spinning of the reels, observe that a bonus game has been triggered, and observe the displaying of locked symbols, wherein a human can then make a game determination of which symbol to unlock that is favorable to the player. Therefore, since the claimed invention can practically be performed in the human mind, it represents an ineligible abstract mental process. (Intellectual Ventures I LLC v. Symantec Corp., 838 F. 3d 1307).
Prong 2: Does the Claim recite additional elements that integrate the exception into a practical application of the exception?
The claims recite a generic interface and game logic circuitry, (claim 11), along with instructions that generates and presents a plurality of symbols and a bonus game to a user, which is viewed as no more than instructions to implement a judicial exception.
These additional limitations do not represent an improvement to the functioning of a computer, or to any other technology or technical field, (MPEP 2106.05(a)). Nor do they apply the exception using a particular machine, (MPEP 2106.05(b)). Furthermore, they do not affect a transformation. (MPEP 2106.05(c)). Rather, these additional limitations amount to an instruction to “apply” the judicial exception using a computer as a tool to perform the abstract idea.
Step 2b: It must be determined whether the claimed invention recites additional elements that amount to significantly more than the judicial exception.
The claim language does recite an interface, game logic circuitry, and a plurality of symbols and reels, however, viewed as a whole, these additional elements are indistinguishable from conventional computing elements known in the art, (See Kaminkow et al. U.S. 2006/0046823 regarding gaming machines presenting bonus game as being well-known in the art). Therefore, the additional elements fail to supply additional elements that yield significantly more than the underlying abstract idea. Viewing 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.
Claim Rejections - 35 USC § 103
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.
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 1 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chesworth et al. (U.S. 2018/0268659).
Regarding claims 1 and 11, Chesworth discloses a method and machine for operating a gaming machine, (“ a gaming system is described comprising a gaming machine”, par. 0006), the method comprising, presenting, by a presentation assembly of a graphical user interface, an array and a plurality of reels bearing blanks, (“The screen 990 shows a displayed set of progressive jackpot awards in a display field 920 and a symbol based bonus array 995 displaying bonus symbols 950 and fig. 13, parts 990, 905, and 995, wherein the Examiner views, referring to fig. 13 the display screen 990 as being equivalent to a graphical user interface, part 995 being equivalent to an array displaying a plurality of reels, and the empty spaces displayed in array 995 as being equivalent to bearing blanks). Chesworth further discloses a plurality of available progressive jackpot awards that are locked until a bonus symbol array criteria has been met, (“The screen 990 displays a bonus feature having a set of progressive jackpot awards available to win in response to a progressive award-trigger event. The screen 990 shows a displayed set of progressive jackpot awards in a display field 920 and a symbol-based bonus array 995 displaying bonus symbols 950. The completion of this particular bonus feature may be deduced by the depleted spin counter 930. In this embodiment (similar to FIGS. 4G-4H), the bonus symbols 950 filling an entire row of the bonus array 995 meet criteria for an award-trigger event”, par. 0105, wherein this is viewed by the Examiner as being equivalent to game enhancements that are initially in a locked state). Chesworth further discloses determining an unlock condition for the progressive awards, (“a player may be eligible to win one or more progressive jackpots depending upon the bonus symbols 950 of the bonus array 895”, par. 0106), displaying, via the presentation assembly, each of the progressive awards ranked from most likely to be unlocked to least likely to be unlocked according to their respective unlock conditions, (fig. 13, part 920, displaying MEGA, GRAND, MAJOR, MINOR, AND MINI, wherein the Examiner views these ranked jackpots as meeting the claim limitation of award rankings ranking from most likely to be unlocked to least likely to be unlocked according to their respective unlock conditions), animating, via the presentation assembly, a series of spins of the reels to land symbols from the reels in the array, (“ The screen 990 shows a displayed set of progressive jackpot awards in a display field 920 and a symbol-based bonus array 995 displaying bonus symbols 950. The completion of this particular bonus feature may be deduced by the depleted spin counter 930”, par. 0105), for each spin of the reels, holding any landed symbol in its respective position, (fig. 13, parts 950 and 980), unlocking one or more locked progressive awards if their respective unlock condition has been met, (“In one embodiment, the criteria for winning a progressive jackpot award may be met by displaying a specific set of bonus symbols 950”, par. 0106), wherein unlocking the one or more of the plurality of progressive awards activates its associated game enhancement and animating, via the presentation assembly, the application of active game enhancements, (“In the embodiment of FIG. 13, no progressive award-trigger event results from all the GRAND jackpot markers being shaded because at least one of the MAJOR jackpot markers remains unshaded. Thus, the player is ineligible to win the MAJOR, GRAND, or MEGA progressive jackpots. The progressive award-trigger event and resulting award may be indicated by one or more notifications 960 on the screen 990”, par. 0107 and fig. 13, part 960).
Chesworth, as shown in fig. 13, part 920, discloses displaying of words describing a plurality of locked progressive awards, wherein the progressive awards are activated after collecting a plurality of symbols in the array, wherein, compared to fig. 6 of the present invention, instead of displaying of plurality of locked symbols as shown in in parts 272 – 278 of the present. It would have been an obvious matter of design choice to display symbols instead of words, since the applicants have not disclosed that displaying symbols solves any stated problem and it appears that the invention would perform equally well with words or symbols.
Regarding claims 2 and 12, Chesworth discloses wherein locked symbols in the array comprise a visual indication of their locked status, (fig. 13, part 995, wherein the Examiner views the empty spaces as being equivalent locked symbols in the array).
Regarding claims 3 and 13, Chesworth discloses wherein the plurality of symbols comprise value-bearing symbols, (“the values associated with the bonus symbols 950 in the filled rows are tabulated to determine a corresponding award”, par. 0105 and fig. 13, part 950).
Regarding claims 4 and 14, Chesworth discloses wherein the value-bearing symbols bear credit amounts, (“the values associated with the bonus symbols 950 in the filled rows are tabulated to determine a corresponding award (reflected in the meter 975)”, par. 0105 and fig. 13, parts 950 and 975).
Regarding claims 5 and 15, Chesworth discloses wherein the application of active game enhancements comprises modification of one or more values borne by landed value-bearing symbols, (“a gaming machine having feature symbols with multipliers modifying values associated with bonus symbols”, par. 0026, wherein the Examiner views the multipliers as being equivalent to a modification of one or more values).
Regarding claims 6 and 16, Chesworth discloses wherein the modification comprises a multiplier, (“a gaming machine having feature symbols with multipliers modifying values associated with bonus symbols”, par. 0026).
Regarding claims 7 and 17, Chesworth discloses wherein one or more unlock conditions is based on the appearance of its associated symbol in a bonus triggering combination of symbols in a base game, (“a bonus-trigger event occurs as part of the basic-game outcome and initiates a bonus feature”, par. 0054).
Regarding claims 8 and 18, Chesworth discloses wherein one or more unlock conditions is based on the number of landed symbols in the array, (“In one embodiment, a bonus-trigger event occurs in response to the display of a threshold number of bonus symbols, such as the six bonus symbols 150 in the initial array 185”, par. 0054).
Regarding claims 9 and 19, Chesworth discloses wherein the respective unlock condition for each of the plurality of symbols is randomly determined, (“Bonus-trigger events may be based on the displayed symbols of the basic-game outcome, may be separately determined (e.g., using a RNG “mystery trigger”), or be based on a combination of these”, par. 0054).
Regarding claims 10 and 20, Chesworth discloses wherein the game enhancements associated with each of the plurality of symbols are randomly selected from a set of possible game enhancements, (“Additional to the award-trigger event as a result of the filled rows, a player may be eligible to win one or more progressive jackpots depending upon the bonus symbols 950 of the bonus array 895. In one embodiment, the criteria for winning a progressive jackpot award may be met by displaying a specific set of bonus symbols 950”, par. 0106).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC M THOMAS whose telephone number is (571)272-1699. The examiner can normally be reached 9:00am - 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at 571-272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.M.T/Examiner, Art Unit 3715
/JUSTIN L MYHR/Primary Examiner, Art Unit 3715
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